Budget

projet de loi de règlement portant règlement définif du budget de 1993

France · Senate · 21 December 1994

Höhe des jährlichen Haushalt-Ist der Haushaltstitel 741 19-721 und 741 29-722 im Einzelplan 12 (Lärmschutzmaßnahmen an Autobahnen und Bundestraßen) 1992 und 1993 (G-SIG: 13050148)

Germany · German Bundestag · 9 December 1994

Sur les résultats de projections macroéconomiques et le devenir de la planification

France · Senate · 7 December 1994

Sur les résultats de projections macroéconomiques et le devenir de la planification

G. Edward DeSeve, of Pennsylvania, to be Controller, Office of Federal Financial Management, Office of Management and Budget, vice Edward Joseph Mazur, resigned.

United States · United States Senate · 1 December 1994

Affordable Health Care Now Act of 1994

United States · United States Congress · 29 November 1994

TABLE OF CONTENTS: Title I: Improved Access to Affordable Health Care Subtitle A: Increased Availability and Continuity of Health Coverage for Individuals and Their Families Subtitle B: Reform of Health Insurance Subtitle C: Preemption Subtitle D: Health Deduction Fairness Subtitle E: Improved Access to Community Health Services Subtitle F: Improved Access to Rural Health Services Subtitle G: Assistance in Enrolling Uninsured Children in Health Insurance Subtitle H: Medicaid Reform Subtitle I: Remedies and Enforcement with Respect to Group Health Plans Subtitle J: Delivery of Health Care Services to Illegal Immigrants Title II: Health Care Cost Containment and Quality Enhancement Subtitle A: Medical Malpractice Liability Reform Subtitle B: Administrative Cost Savings and Fair Health Information Practices Subtitle C: Deduction for Cost of Catastrophic Health Plan; Medical Savings Accounts Subtitle D: Anti-Fraud Subtitle E: Increased Medicare Beneficiary Choice; Additional Medicare Reforms Subtitle F: Health Care Antitrust Improvements Subtitle G: Encouraging Enforcement Activities of Medical Self-Regulatory Entities Subtitle H: Reform of Clinical Laboratory Requirements for Simple Tests Subtitle I: Miscellaneous Provisions Title II: Long-Term Care Subtitle A: Tax Treatment of Long-Term Care Insurance Subtitle B: Establishment of Federal Standards for Long-Term Care Insurance Subtitle C: Protection of Assets Under Medicaid Through Use of Qualified Long-term Care Insurance Subtitle D: Studies Subtitle E: Volunteer Service Credit Demonstration Projects Affordable Health Care Now Act of 1994 - Title I: Improved Access to Affordable Health Care - Subtitle A: Increased Availability and Continuity of Health Coverage for Individuals and Their Families - Part 1: Required Coverage Options for Eligible Employees, Spouses, and Dependents - Requires each employer to make available to each eligible employee a group health plan under which: (1) coverage of each eligible individual with respect to such employee may be elected on an annual basis; (2) coverage is provided for at least the required coverage specified; and (3) employees may elect to have premiums collected through payroll deduction. Does not require employer contributions to the cost of coverage under such a plan. Provides for the exclusion of: (1) employers who have been employers for less than two years or who have no more than two eligible employees or no more than two eligible employees not covered under any group health plan; and (2) family members under specified circumstances. Specifies that a group health plan shall not be treated as failing to meet the requirements of this Act solely because a period of service by an eligible employee of not more than 60 days is required for coverage. Specifies that the required coverage is standard coverage, except that in the case of a small employer that has not contributed during the previous plan year to the cost of coverage for any eligible employee under any group health plan, the required coverage for the plan year is coverage under a MedAccess standard, MedAccess catastrophic, and MedAccess medisave plan. Requires standard coverage to include at least one option, either a fee-for-service option and if available, a point-of-service option and a managed care option. Provides for a five-year transition for existing group health plans. (Sec. 1002) Sets forth provisions regarding: (1) compliance with applicable requirements through multiple employer health arrangements; and (2) coverage options under a State medical health allowance program. Part 2: Portability and Nondiscrimination - Prohibits a group health plan from imposing (and an insurer from requiring an employer from imposing through a waiting period for coverage under a plan or similar requirement) a limitation or exclusion of benefits relating to treatment of a preexisting condition if: (1) the condition relates to a condition that was not diagnosed or treated within three months before the date of coverage under the plan; (2) the limitation or exclusion extends over more than six months after the date of coverage, applies to an individual who, as of the date of birth, was covered under the plan, or relates to pregnancy; or (3) an eligible individual has such coverage at the time the individual first became eligible. Specifies that, in the case of an individual who is eligible for coverage under a plan but for a waiting period imposed by the employer, the individual shall be treated as having been covered under the plan as of the earliest date of the beginning of the waiting period. Provides a one-time amnesty period for pre-existing condition exclusions. (Sec. 1012) Requires each group health plan to waive any period applicable to a preexisting condition for similar benefits with respect to an individual to the extent that the individual, prior to enrollment in such plan, was covered for the condition under any other health plan. (Sec. 1013) Prohibits: (1) a multiemployer plan and an exempted multiple employer health plan from canceling or denying renewal of coverage under such a plan for an employer other than for nonpayment of contributions, fraud or other misrepresentation, noncompliance with plan provisions, or because the plan is ceasing to provide any coverage in a geographic area; (2) an insurer from canceling a health insurance plan or denying renewal of coverage other than as prescribed above; and (3) an insurer who terminates the offering of health insurance plans in an area from offering such a plan to any employer in the area until five years after the date of the termination. Part 3: Standards for Managed Care Arrangements and Essential Community Providers - Sets forth requirements for group health plans and insurers that provide health care coverage through managed care arrangements. Requires such arrangements to assure that covered individuals have reasonably prompt access through the entity's provider network to the benefits package and to centers of excellence. (Sec. 1022) Requires the Secretary of Health and Human Services (Secretary) to establish standards for utilization review programs and periodically review and update such standards to reflect changes in the delivery of health care services. Part 4: Enforcement; Effective Dates; Definitions - Makes provisions of the Employee Retirement Income Security Act of 1974 applicable with respect to enforcement of this Act (by the Department of Labor). Amends the Internal Revenue Code (Code) to impose a tax ($100 per day for each individual involved, subject to specified limitations) on the failure of an insurer to comply with the requirements under part 2, unless the Secretary determines that the State has in effect a regulatory enforcement mechanism that provides adequate sanctions. Subtitle B: Reform of Health Insurance - Part I: Marketplace for Small Business - Requires each insurer that makes available a health insurance plan to a small employer in a State to make available to each small employer in the State a MedAccess standard, MedAccess catastrophic, and MedAccess medisave plan, with exceptions for health maintenance organizations (HMOs) and if a State provides for guaranteed availability (rather than guaranteed issue). Requires each insurer that offers a MedAccess plan to a small employer in a State to accept: (1) every small employer in the State that applies for coverage; and (2) every eligible individual who applies for enrollment on a timely basis. Sets forth provisions regarding: (1) special rules for HMOs; (2) timely enrollment requirements; and (3) enrollment of spouses and dependents. Makes such requirements inapplicable in a State that has provided (in accordance with specified standards) a mechanism under which each insurer offering a health insurance plan to a small employer in the State must participate in a program for assigning high-risk small employer groups (or individuals within such a group) among some or all such insurers, if the insurers comply. (Sec. 1102) Defines "MedAccess coverage" as a health insurance plan that: (1) is designed to provide standard coverage with substantial cost-sharing, only catastrophic coverage, or medisave coverage; (2) includes only essential and medically necessary services; (3) meets applicable requirements relating to guaranteed issue; and (4) meets specifies consumer protection standards. Defines "MedAccess standard coverage," "MedAccess catastrophic coverage," and "MedAccess medisave coverage" to mean a MedAccess plan that provides for at least standard coverage, for only catastrophic coverage, or medisave coverage, respectively. Requests the National Association of Insurance Commissioners (NAIC) to submit to the Secretary a set of rules which is sufficient for determining the actuarial value of coverage offered by a plan. Directs the Secretary to certify such set of rules for use under this subtitle if they meet such requirements or establish such a set of rules. Specifies that a health insurance plan is considered to provide: (1) standard coverage if the benefits are determined, in accordance with certified rules of actuarial equivalence, to have a value that is within five percentage points of an established target actuarial value for standard coverage; (2) catastrophic coverage if benefits are available under the plan for a year only to the extent that expenses for covered services in a year exceed a deductible amount that is consistent with a specified requirement for a catastrophic health plan under the Code, and are determined, in accordance with certified actuarial equivalence rules, to have a value that is within five percentage points of an established target actuarial value for catastrophic coverage; and (3) medisave coverage if such plan consists of a catastrophic health plan within the meaning of the Code and a medical savings account. Requests NAIC to submit to the Secretary target actuarial values for standard and catastrophic coverage. Permits NAIC to submit periodic revisions of, and permits the Secretary to revise, the set of rules of actuarial equivalence and target actuarial values where necessary to take into account changes in the relevant types of health benefits provisions, in deductible levels for catastrophic coverage, or in relevant demographic conditions. (Sec. 1103) Directs the Secretary to request NAIC to develop model regulations that specify standards with respect to requirements: (1) that insurers make available MedAccess plans; (2) of guaranteed availability of MedAccess plans to small employers; (3) relating to limits on premiums and certain consumer protections; and (4) relating to limitation of annual premium increases. Requires the Secretary to review such standards and, if NAIC fails to specify standards meeting such requirements, to promulgate standards. Sets forth provisions regarding: (1) the application of MedAccess standards and consumer protection standards by the States; and (2) the Federal role. (Sec. 1104) Sets forth provisions: (1) regarding limits on premium rate variations, including discounts for employer wellness programs; and (2) requiring an insurer, at the time of offering a health insurance plan to a small employer, to fully disclose rating practices for health insurance plans, including rating practices for different populations and benefit designs. (Sec. 1105) Requires the Secretary of Labor to monitor the prevalence and impact of adverse risk selection in the full insured plans made available to small employers resulting from the decision of small employers to self-insure. (Sec. 1106) Directs the Secretary to: (1) request NAIC to develop models for reinsurance or allocation of risk mechanisms for health insurance plans made available to small employers for whom an insurer is at risk of incurring high costs under the plan; and (2) review such models or specify models. Sets forth provisions regarding implementation of reinsurance or allocation of risk mechanisms by the States and the Federal role. Part : Marketplace for Individuals - Makes the provisions of Part 1 applicable to insurers offering health insurance coverage to individuals and their dependents. Part 3: Voluntary Health Purchasing Arrangements - Provides for the establishment of voluntary health purchasing arrangements. (Sec. 1124) Requires such arrangements to offer enrollment in health insurance coverage only to: (1) all eligible employees employed by small employers in a service area; and (2) all eligible individuals residing in such area. Part 4: Definitions and Miscellaneous Provisions - Provides definitions for purposes of this subtitle. (Sec. 1134) Requires the Secretary to make annual reports to the Congress on the implementation of this subtitle and the need for additional reforms to assure and expand coverage. (Sec. 1135) Authorizes the Director to conduct: (1) research on the impact of this subtitle on the availability of affordable health coverage for employees and dependents in the small employers group health care coverage market and other specified topics; and (2) demonstration projects relating to such topics. Requires the Director to develop: (1) methods for measuring the relative health risks of eligible individuals in terms of the expected costs of providing benefits under health insurance plans and, in particular, MedAccess plans; and (2) a model for equitably distributing health risks among insurers in the small employer health care coverage market. Authorizes appropriations. Subtitle C: Preemption - Part 1: Scope of State Regulation - Makes inapplicable to a group health plan any State or local law requiring coverage of specific benefits, services, or categories of health care, or services of any class or type of provider of health care. (Sec. 1202) Makes inapplicable any State or local law prohibiting two or more employers from obtaining coverage under a multiple employer welfare arrangement under which all coverage: (1) consists of medical care described under specified provisions of the Employee Retirement Income Security Act of 1974 (ERISA); and (2) is fully insured. (Sec. 1203) Preempts, for a five-year period, State law provisions which restrict: (1) reimbursement rates or selective contracting; (2) differential financing incentives; and (3) utilization review methods. Directs the Comptroller General to study benefits and cost effectiveness of use of managed care in health services delivery and to report to the Congress, including recommendations as to whether such preemption should be extended. Part 2: Multiple Employer Health Benefits Protections - Amends the Employee Retirement Income Security Act of 1974 (ERISA) to provide a limited exemption from certain restrictions on ERISA preemption of State law for health plans maintained by multiple employers subject to certain Federal standards. Relieves such exempted multiple employer health plans of certain restrictions on preemption of State law, and treats them as employee welfare benefit plans. Sets forth exemption procedures, application and eligibility requirements, and additional notice, reporting, and actuarial requirements applicable to exempted multiple employer health plans. Requires multiple employer welfare arrangements providing certain medical care benefits to issue specified disclosures to participating employers. Requires each multiple employer welfare arrangement which is or has been an exempted multiple employer health plan, and under which coverage is not fully insured, to establish certain minimum reserves. Authorizes the Secretary of Labor to permit alternative means of compliance. Sets forth corrective actions, including actions to avoid depletion of reserves and actions in connection with termination of arrangements. Provides for expirations, renewals, suspensions, and revocations of exemptions. Provides for review of actions of the Secretary, including denials of applications and suspensions or revocations of exemptions. Provides for alternative means of distribution of summary plan descriptions. (Sec. 1212) Revises provisions relating to scope of preemption rules, treatment of single employer arrangements, and treatment of certain collectively bargained arrangements. (Sec. 1215) Sets forth special rules for employee leasing health care arrangements, providing that they be treated as multiple employer welfare arrangements. (Sec. 1216) Sets forth enforcement provisions relating to multiple employer welfare arrangements and employee leasing health care arrangements, including enforcement of filing requirements, actions by States in Federal court, criminal penalties for certain willful misrepresentations, cease activities orders, and responsibility for claims procedures. (Sec. 1217) Sets forth solvency requirements for certain self- insured group health plans. (Sec. 1218) Sets forth filing requirements for multiple employer welfare arrangements providing health benefits. (Sec. 1219) Provides for cooperation between Federal and State authorities, including: (1) agreements for State enforcement of ERISA provisions applicable to multiple employer welfare arrangements which are or have been exempted multiple employer health plans; and (2) enforcement and technical assistance to States with respect to issues involving multiple employer welfare arrangements. (Sec. 1220) Sets forth transitional rules. Part 3: Encouragement of Multiple Employer Arrangements Providing Basic Health Benefits - Amends the Internal Revenue Code to eliminate the commonality of interest or geographic location requirement for tax-exempt trust status in the case of determining whether any multiple employer health plan or insured multiple employer health plan is a voluntary employees' beneficiary association meeting certain requirements, if: (1) such plan provides at least standard coverage consistent with specified provisions of this Act (the Affordable Health Care Now Act of 1994); and (2) in the case of such an insured plan, it meets specified ERISA requirements not preempted by this Act. (Sec. 1222) Amends ERISA to direct the Secretary of Labor to prescribe an alternative method for the filing of a single annual report with respect to all employers participating under a multiple employer welfare arrangement under which all coverage consists of medical care and is fully insured. (Sec. 1223) Sets forth provisions for determining compliance with coverage requirements through multiple employer health arrangements. Subtitle D: Health Deduction Fairness - Amends the Internal Revenue Code to provide for: (1) a permanent extension and an increase in the health insurance tax deduction for self-employed individuals; and (2) a deduction of health insurance premiums for certain previously uninsured individuals. Subtitle E: Improved Access to Community Health Services - Part 1: Increased Authorization for Community and Migrant Health Centers - Directs the Secretary to provide for grants to migrant and community health centers to promote primary health care services for underserved individuals. Allows grants to be used to promote the provision of off-site services, to improve birth outcomes in areas with high infant mortality and morbidity, to establish primary care clinics in areas in need, and for recruitment and training costs of necessary providers and operating costs for unreimbursed services. Authorizes appropriations. Directs the Secretary to conduct a study of the impact of such grants on access to health care, birth outcomes, and the use of emergency room services. Part 2: Grants for Projects for Coordinating Delivery of Services - Amends the Public Health Service Act to authorize the Secretary to make grants to public and nonprofit private entities: (1) to carry out demonstration projects to increase access to outpatient primary health services in specified geographic areas (i.e., areas that are rational areas for the delivery of health services, have a population of not more than 500,000 individuals, and have been designated by the Secretary as areas with a shortage of personal health services or that have a significant number of individuals with low incomes or insufficient health care insurance) through coordinating the delivery of services under Federal, State, local, and private programs; and (2) for developing plans to carry out such projects. Authorizes appropriations. Part 3: Community Health Networks - Sets forth qualifications for community health network arrangements. Subtitle F: Improved Access to Rural Health Services - Part 1: Establishment of Rural Emergency Access Care Hospitals Under Medicare - 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). Part 2: Rural Medical Emergencies Air Transport - 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. Part 3: Emergency Medical Services Amendments - Amends the Public Health Service Act to direct the Secretary to: (1) establish an Office of Emergency Medical Services, headed by a Director; (2) engage in specified emergency medical services activities, including disseminating information obtained in carrying out specified activities to public and private entities, providing technical assistance to State and local agencies, coordinating Department of Health and Human Services (DHHS) activities with those of other Federal agencies; and (3) ensure that such activities are carried out consistent with certain requirements regarding maintaining an adequate number of health professionals with expertise in the provision of services, developing, periodically reviewing, and revising as appropriate guidelines for the provision of such services, appropriately using available technologies, and serving the unique needs of underserved inner-city and rural areas. (Sec. 1522) Authorizes the Secretary to make grants to States for the purpose of improving the availability and quality of emergency medical services through the operation of State offices of emergency medical services, subject to specified matching fund, budgetary, and other requirements. (Sec. 1523) Provides for demonstration projects to establish telecommunications between rural medical facilities and medical facilities with expertise or equipment. Directs the Secretary to ensure that the telecommunications technologies demonstrated include interactive video telecommunications, static video imaging transmitted through the telephone system, and facsimiles transmitted through such system. (Sec. 1524) Authorizes appropriations for: (1) emergency medical services (including for State offices of Emergency Medical Services and for telecommunications demonstrations); and (2) trauma care and certain other activities. Part : Additional Rural Health Care Provisions - Authorizes the Secretary to make grants to public and nonprofit private entities to develop health plans to provide services exclusively in rural and frontier areas. Authorizes appropriations. (Sec. 1532) Authorizes the Secretary to make grants to public and nonprofit private hospitals in medically underserved rural communities, and to public and nonprofit outpatient facilities in such communities, to develop or increase capacity to provide primary health services. (Sec. 1533) Authorizes the Secretary to make grants to such entities to conduct research and carry out demonstration projects to develop innovative approaches to the delivery of health care in rural areas, such as the use of telemedicine and mobile delivery units. (Sec. 1534) Authorizes appropriations for the training of rural health professionals other than physicians. Subtitle G: Assistance in Enrolling Uninsured Children in Health Insurance - Amends title XIX (Medicaid) of the Social Security Act (SSA) to provide for the establishment of State premium subsidy programs to assist eligible needy children with premiums for standard health coverage. Subtitle H: Medicaid Reform - Amends SSA title XIX to: (1) provide for the establishment of State health allowance programs under which the State makes payments to an approved group health plan which provides coverage to eligible individuals as an allowance towards the costs of providing the individual with benefits under the plan; (2) modify Federal requirements to allow States more flexibility in contracting for coordinated care services under Medicaid; (3) make changes regarding the period of certain waivers under Medicaid; and (4) reduce the amount of Federal payment adjustments under Medicaid for disproportionate share hospitals. (Sec. 1713) Eliminates the duplicative pediatric immunization program under Medicare. Subtitle I: Remedies and Enforcement with Respect to Group Health Plans - Amends the Employee Retirement Income Security Act of 1974 (ERISA) to set forth claims procedure special rules for group health plans. Directs the Secretary of Labor to establish a mediation program for disputes involving group health plan claims. Requires the Secretary to maintain a list of individuals with expertise to serve as facilitators under such program, and to propose a facilitator for each mediation subject to one objection by each party. Sets forth provisions for participation of attorneys, initiation of mediation, mediation procedures, time limits, costs, legal effect of participation, and confidentiality and admissibility. Sets forth court remedies for participants and beneficiaries with respect to group health plans. Subtitle J: Delivery of Health Care Services to Illegal Immigrants - Directs the Secretary of Health and Human Services to conduct a study of health care to illegal immigrants, including the effect of illegal immigration on health costs and the shifting of health costs. Requires a report to the Congress, with recommendations on appropriate means of: (1) alleviating health problems peculiar to illegal immigrants; (2) financing health care provided to illegal immigrants; and(3) increasing intergovernmental cooperation and coordination of efforts of the United States and other countries to alleviate such health problems and finance such efforts. Title II: Health Care Cost Containment and Quality Enhancement - Subtitle A: Medical Malpractice Liability Reform - Part 1: General Provisions - Makes this subtitle applicable with respect to any medical malpractice liability claim and to any medical malpractice liability action brought in State or Federal court, except a claim or action for damages arising from a vaccine-related injury or death to the extent that title XXI of the Public Health Service Act applies. Sets forth provisions regarding: (1) preemption of State law; (2) effect on sovereign immunity and choice of law or venue; (3) jurisdiction; and (4) effective dates. Part 2: Medical Malpractice and Product Liability Reform - Prohibits a medical malpractice liability action from being brought in any State court during a calendar year unless the relevant claim has been initially resolved (i.e., a decision has been reached on whether the defendant is liable to the plaintiff for damages and on the amount of damages) under a certified alternative dispute resolution (ADR) system or an alternative Federal system. Prohibits a medical malpractice liability action from being brought in Federal court based on diversity of citizenship during a calendar year unless the relevant claim has been initially resolved under such a system in the State whose law applies. Directs the Attorney General to establish an ADR process for tort claims consisting of medical malpractice liability claims brought against the United States under chapter 171 of the Federal judicial code (U.S. Court of Federal Claims). Prohibits a medical malpractice liability action based on such a claim from being brought in any Federal court unless the claim has been initially resolved under such process. Sets forth procedures for filing actions. (Sec. 2012) Limits to $250,000 the amount of noneconomic damages that may be awarded to a claimant and family members in a medical malpractice liability action. Sets limits on punitive damages and on periodic payments for future losses. Reduces damages by any other payments made to compensate an individual for injuries. (Sec. 2013) Set forth provisions regarding: (1) limits on attorney fees and other costs; (2) joint and several liability (generally, liability may be found only for those damages directly attributable to the person's proportionate share of fault or responsibility for the injury); (3) a statute of limitations of seven years; and (4) a uniform standard for determining negligence (the defendant's conduct at the time of providing the health care services was not reasonable). (Sec. 2017) Specifies that in the case of a medical malpractice liability claim relating to services provided during labor or the delivery of a baby, if the health care professional did not previously treat the injured individual for the pregnancy, the trier of fact may not find that the defendant committed malpractice nor assess damages unless the malpractice is proven by clear and convincing evidence. Part 3: Requirements for State Alternative Dispute Resolution Systems - Lists requirements for State ADR systems, including that such a system: (1) applies to all medical malpractice liability claims under the jurisdiction of the courts of that State; (2) requires that a written opinion resolving the dispute be issued within six months after each party against whom the claim is filed has received notice of the claim; (3) is approved by the State or local governments; (4) provides for the transmittal to the State agency responsible for monitoring or disciplining health care professionals and providers of any findings of malpractice; and (5) provides for the regular transmittal of information on disputes resolved under the system to the Administrator for Health Care Policy and Research in a manner that protects the identity of the parties involved. (Sec. 2032) Directs the Secretary, by October 1 of each year, to certify State ADR systems that meet such requirements. Directs the Secretary to establish an alternative Federal ADR system for the resolution of medical malpractice liability claims in States that do not have in effect a certified ADR system. (Sec. 2033) Directs the Secretary, within five years, to submit to the Congress a report describing and evaluating State ADR systems and the alternative Federal system, including: (1) information on the effect of the ADR systems on health care costs, access to health care, and quality of care provided within the State; and (2) to the extent that such report does not provide information on no-fault systems operated by States as ADR systems, an analysis of the feasibility and desirability of establishing a system for resolving medical malpractice liability claims on a no-fault basis. Part 4: Other Provisions Relating to Medical Malpractice Liability - Authorizes a State agency responsible for disciplinary actions for a type of health care practitioner to enter into agreements with State or county professional societies to permit their participation in the licensing of such practitioner and to review any health care malpractice action, claims, or allegation, or other information concerning the practice patterns of any such practitioner. Sets forth agreement requirements. (Sec. 2042) Directs the Secretary to study incentives adopted by State and local governments, insurers, medical societies, and other entities to encourage physicians to volunteer to provide health care services in medically underserved areas. (Sec. 2043) Directs each State to require: (1) each health care professional and health care provider to participate in a risk management program to prevent, and provide early warning of, practices which may result in injuries to patients or endanger patient safety; and (2) each provider of health care professional and provider liability insurance in the State to establish risk management programs or sanction programs of risk management for health care professionals and providers provided by other entities, and require each such professional or provider, as a condition of maintaining insurance, to participate in one such program at least once in each three-year period. (Sec. 2044) Directs the Secretary to make grants: (1) for basic research in the prevention of, and compensation for, injuries resulting from health care professional or provider malpractice and for research of the outcomes of health care procedures; (2) to States to assist in improving their ability to license and discipline health care professionals; and (3) to States and local governments, private nonprofit organizations, and health professional schools for educating the general public about the appropriate use of health care, realistic expectations of medical intervention, and the resources and role of health care professional licensing and disciplinary boards in investigating claims of incompetence or health care malpractice, and for developing programs of faculty training and curricula for educating health care professionals in quality assurance, risk management, and medical injury prevention. Authorizes appropriations. Subtitle B: Administrative Cost Savings and Fair Health Information Practices - Part 1: Administrative Cost Savings - Subpart A: Standards for Data Elements and Transactions - Directs the Secretary to adopt standards and modifications to standards that a: (1) consistent with the objective of reducing the costs of providing and paying for health care; and (2) in use and generally accepted, developed, or modified by the standard-setting organizations accredited by the American National Standard Institute. (Sec. 2104) Directs the Secretary to adopt standards: (1) for data elements of health information; and (2) for transmitting information electronically. Subpart B: Requirements With Respect to Certain Transactions and Information - Specifies standard transactions. Subpart C: Miscellaneous Provisions - Requires the Secretary to establish standards with respect to the operation of health information network services. (Sec. 2124) Authorizes the Secretary to make grants for demonstration projects to promote the development and use of electronically integrated community-based clinical information systems and computerized patient medical records. Subpart D: Assistance to the Secretary - Establishes the Health Care Information Advisory Committee to: (1) assist the Secretary in complying with requirements under this Act; (2) be generally responsible for advising the Secretary and the Congress on the status of the health information network; and (3) make recommendations to correct problems in the network and to refine and improve the network. Part 2: Fair Health Information Practices - Subpart A: Duties of Health Information Trustees - Specifies the duties of health information trustees with respect to inspection of protected health information. (Sec. 2142) Provides a procedure to amend protected health information. Subpart B: Use and Disclosure of Protected Health Information - Sets forth general limitations on the use and disclosure of protected health information by health information trustees. (Sec. 2152) Authorizes a health information trustee to disclose protected health information pursuant to a written authorization by the protected individual. (Sec. 2153) Describes the circumstances under which health information trustees may disclose protected health information to: (1) health plans, health care providers, and oversight agencies; (2) next of kin; (3) public health authorities; (4) health research entities; (5) authorities under emergencies; (6) courts or administrative agencies; (6) law enforcement agencies; (7) entities under subpoenas, warrants, and search warrants; and (8) health information service organizations. Subpart C: Access Procedures and Challenge Rights - Prohibits a government authority from obtaining protected health information about a protected individual from a health information trustee through subpoenas, warrants, and search warrants unless there is probable cause that the information is relevant to the law enforcement inquiry. (Sec. 2172) Establishes challenge procedures to such subpoenas. Subpart D: Miscellaneous Provisions - Restricts the information a health information trustee may disclose when a protected individual pays for health care through a payment card or electronic means. (Sec. 2183) Directs the Secretary to develop standards for electronic documents and communications. (Sec. 2184) Provides for the disclosure of protected health information to affiliated persons and agents and attorneys. (Sec. 2187) Requires States to establish a process for the maintenance of certain protected health information. Subpart : Enforcement - Provides for civil actions against health information trustees. (Sec. 2192) Authorizes the Secretary to impose a civil money penalty against such trustees for a demonstrated pattern of failure to comply with this subpart. (Sec. 2193) Requires the Secretary to develop an alternative dispute resolution method for resolving claims for civil actions. (Sec. 2194) Amends the Federal criminal code to impose penalties for violations in disclosing and obtaining protected health information. Subpart F: Amendments to Title 5, United States Code - Requires certain Federal agency heads to promulgate rules protecting health information. Subpart G: Regulations, Research, and Education; Effective Dates; Applicability; and Relationship to Other Laws - Requires the Secretary to prescribe regulations to carry out this part not later than July 1, 1996. (Sec. 2197) Makes this part effective on January 1, 1997, except for certain provisions that take effect upon enactment. Subtitle C: Deduction for Cost of Catastrophic Health Plan; Medical Savings Accounts - Amends the Internal Revenue Code to include under the medical expense deduction the portion of such expense attributable to coverage under a catastrophic health plan. (Sec. 2202) Allows individuals a tax deduction for a percentage of 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. Subtitle D: Anti-Fraud - Directs the Attorney General to establish an all-payer health care fraud and abuse control program. (Sec. 2302) Authorizes additional appropriations for such program and AG investigations of possible health care fraud. (Sec. 2303) Establishes in the Treasury the Anti-Fraud and Abuse Trust Fund for use in preventing anti-fraud and abuse law violations and repaying Medicaid and other beneficiaries for cost-sharing. (Sec. 2311) Amends SSA title XI and the Federal criminal code to: (1) revise current sanctions to provide for, among other things, mandatory exclusion from Medicare and State health care program participation of individuals or entities convicted of a fraud-related felony in connection with the delivery of a health care item or service, and criminal penalties of fines and imprisonment for health care fraud; and (2) authorize the Secretary of Health and Human Services (Secretary) to issue advisory opinions with regard to specified matters, including matters concerning prohibited remuneration and service inducements. (Sec. 2315) Modifies: (1) current limitations under Medicare (SSA title XVIII) on physician self-referral; and (2) effective date exceptions under the Omnibus Budget Reconciliation Act of 1993 for such referrals made for clinical laboratory services. (Sec. 2316) Directs the Comptroller General to study and report to the Congress on the costs of peer review contracts for Medicare HMOs. (Sec. 2332) Amends SSA title XVIII to require the Secretary to issue advisory opinions relating to prohibited referrals under Medicare. Directs the Secretary to issue regulations establishing systems under SSA titles XI and XVIII for the issuance of advisory opinions. Subtitle E: Increased Medicare Beneficiary Choice; Additional Medicare Reforms - Amends SSA title XVIII and the Omnibus Budget Reconciliation Act of 1990 to make specified changes in HMO and Medicare supplemental policy provisions. Imposes mandates on the Secretary in order to afford Medicare beneficiaries additional avenues for choosing health care coverage, including enrollment in private health insurance plans. (Sec. 2411) Extends current rules for computing Medicare part B (Supplementary Medical Insurance) premiums. (Sec. 2412) Amends the Internal Revenue Code to provide for the imposition of a Medicare part B premium tax for high-income Medicare part B beneficiaries. (Sec. 2413) Directs the Secretary to take such steps as necessary to consolidate administration of Medicare parts A (Hospital Insurance) and B. (Sec. 2414) Makes specified extensions with regard to Medicare as secondary payer, including those concerning data matches. Subtitle F: Health Care Antitrust Improvements - Exempts from all antitrust claims an activity relating to the provision of health care services that is: (1) within a "safe harbor" designated by the Attorney General, except for claims for injunctive relief asserted by the Attorney General or the Chair of the Federal Trade Commission in extraordinary circumstances; and (2) specified in and in compliance with the terms of a certificate of review issued by the Attorney General, where the activity occurs while the certificate is in effect, except for claims for injunctive relief. 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. 2502) Directs the Attorney General to develop and designate specified safe harbors relating to the following, as well as to such other categories of activities as the Attorney General may designate (subject to specified requirements): (1) joint purchasing of health care services; (2) small hospital mergers; (3) startup and operation of collaborations between State-licensed providers through partial or full integration; (4) standard setting and enforcement activities by medical self-regulatory entities; (5) health care providers collectively supplying non-price medical information to buyers and consumers; (6) health care provider participation in surveys; (7) health care joint ventures' purchase or use of equipment or provision of advanced tertiary care services; (8) provision of market power screens at appropriate levels below which combinations of providers are too small to pose a realistic antitrust threat; (9) joint purchasing arrangements; and (10) good faith negotiations relating to legitimate collaborative activities. Directs the Attorney General to publish notice in the Federal Register soliciting proposals for additional safe harbors. Authorizes the Attorney General to modify or remove a safe harbor following notice and comment upon a determination that the safe harbor does not meet specified criteria. 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. 2503) 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, renovation of, and review of determinations regarding, such certificates. Limits the disclosure of information. (Sec. 2504) Sets forth provisions regarding notifications providing for a reduction in certain penalties under the antitrust laws for health care cooperative ventures. (Sec. 2505) Directs the Attorney General to periodically review the safe harbors, certificates of review, and notifications. (Sec. 2507) Establishes within the Department of Health and Human Services an Office of Health Care Competition Policy. Subtitle G: Encouraging Enforcement Activities of Medical Self- Regulatory Entities - Part 1: Application of the Clayton Act to Medical Self-Regulatory Entities - Provides that no damages, cost of suit, or attorney fee may be recovered under section 4, 4A, or 4C of the Clayton Act, or under any similar State law, except by a State or the United States, from any medical self-regulatory entity as a result of engaging in standard setting or enforcement activities that are: (1) designed to promote the quality of health care provided to patients; and (2) not conducted for purposes of financial gain. Directs the court to award the cost of such a suit, including a reasonable attorney fee, to a substantially prevailing defendant. Part 2: Consultation by Federal Agencies - Requires any Federal agency engaged in the establishment of medical professional standards to consult with appropriate medical societies or associations, specialty boards, or recognized accrediting agencies, if available, in carrying out medical professional standard setting and guidelines or standards relating to the practice of medicine. Subtitle H: Reform of Clinical Laboratory Requirements for Simple Tests - Amends the Public Health Service Act to exempt clinical laboratories performing only simple examinations and procedures from certificate requirements. (Sec. 2703) Directs the Secretary to use existing appropriations to conduct the study relating to the reliability and quality control procedures of clinical laboratory testing programs and the effect of errors in the testing procedures and results on the diagnosis and treatment of patients. (Sec. 2704) Directs the Secretary to revise the membership of the Clinical Laboratory Improvement Advisory Committee to contain a number of practicing physicians proportionate to the number of physician regulated clinical laboratories. Subtitle I: Miscellaneous Provisions - Requires certain Government agencies to prefund health benefit contributions for their annuitants. (Sec. 2802) Makes aliens ineligible for social security and Medicaid benefits. (Sec. 2803) Limits the eligibility for social security benefits of certain drug and alcohol addicts. Title III: Long-Term Care - Subtitle A: Tax Treatment of Long-Term Care Insurance - Amends the Internal Revenue Code to provide for the treatment of qualified long-term care insurance as accident and health insurance for purposes of insurance company taxation. (Sec. 3002) Excludes from gross income benefits provided under a long-term care insurance contract. Includes in gross income employer-provided coverage for long-term care services. (Sec. 3003) Includes amounts paid for qualified long-term care services as medical expenses for individual itemized deductions. Includes any parent or grandparent as a dependent for purposes of such expenses. Subtitle B: Establishment of Federal Standards for Long-Term Care Insurance - Amends the Public Health Service Act to mandate the establishment of model Federal standards for long-term care insurance. Prohibits the offering of a long-term care insurance policy in a State unless the State has a regulatory program meeting the requirements of this Act or the policy has been certified by the Secretary of Health and Human Services. Authorizes grants to States for demonstration programs to improve enforcement of the standards. Authorizes appropriations. Imposes on agents selling long-term policies a duty of good faith and fair dealing. Prohibits twisting, high pressure tactics, and cold lead advertising. Mandates minimum financial standards, including income and asset criteria, for advising individuals considering the purchase of a long-term policy. Prohibits sales: (1) to an individual eligible for assistance under title XIX (Medicaid) of the Social Security Act; (2) of duplicate service policies; and (3) of policies that reduce, limit, or coordinate benefits on the basis of eligibility for other coverage or benefits. Provides for: (1) criminal and civil penalties; and (2) agent training and certification. Sets forth additional carrier responsibilities relating to refunding of premiums, mailing of policies, providing information on denials of claims, reporting of information, and limiting compensation to agents for the sale or renewal of policies. Prohibits cancellation or nonrenewal of a long-term care policy except for nonpayment of premium or material misrepresentation. Sets forth continuation and conversion rights for group policies, regulating premiums for converted policies. Requires guaranteed issuance to an individual if the individual meets the minimum medical requirements of the policy. Mandates standards regarding upgraded benefits. Limits cancellation for nonpayment by an incapacitated individual. Requires: (1) subject to exceptions, uniform language and definitions, a uniform format, and at least one standard benefit package; and (2) disclosure of certain matters, including an outline of coverage. Mandates recommendations by the National Association of Insurance Commissioners (NAIC) regarding informing consumers on the long-term economic viability of long-term care insurance carriers. Limits certain conditions on benefits. Requires, if benefits are provided for home health care or community-based services, that certain minimum benefits be provided. Prohibits treating cognitive or mental impairments (including Alzheimer's disease and mental illness) differently from other medical conditions. Limits preexisting condition requirements. Requires: (1) each claimant to have a functional assessment by an individual or entity meeting NAIC qualifications and unconnected to the policy issuer; (2) inflation protection, unless rejected in writing by a policyholder; (3) disclosure of certain premium increases; and (4) nonforfeiture benefits. Prohibits a carrier from contesting a policy or claim based on fraud or misrepresentation unless notice is provided within a time period set by NAIC. Establishes the right of a purchaser to return a policy within a specified period. Defines "long-term care insurance policy," excluding: (1) any basic Medicare supplemental policies; (2) other insurance offered primarily to provide specified types of coverage; and (3) certain life insurance policies. Authorizes grants for programs to provide information, counseling, and assistance regarding the procurement of long-term insurance. Authorizes appropriations. Subtitle : Protection of Assets Under Medicaid Through Use of Qualified Long-term Care Insurance - Amends the title XIX of the Social Security Act to require State Medicaid plans to disregard some or all of the individual's assets attributable to coverage under a qualified long-term care insurance contract in determining the individual's eligibility for long-term care services. Subtitle D: Studies - Requires the Comptroller General to study the feasibility of: (1) encouraging health care providers to donate their services to homebound patients; and (2) providing heads of households who care for elderly family members in their home with an income tax credit. (Sec. 3303) Requires the Secretary of Health and Human Services to study and report to the Congress on the feasibility of encouraging or requiring the use of a single designated public or nonprofit agency to coordinate, through case management, the provision of long-term care benefits under current Federal, State, and local programs in a geographic area. Subtitle E: Volunteer Service Credit Demonstration Projects - Amends the Older Americans Act of 1965 to require the Commissioner of the Administration on Aging to establish and operate a volunteer service credit demonstration project in each State.

10 Mr. E. Byrne asked the Minister for Defence the total number of flying hours undertaken by Air Corps aircraft, fixed wing or helicopter, during 1993 and in 1994 to date; in respect of these, if he will break the figures down for search and rescue operations, Ministerial air transport services and other; the total Air Corps budget; and the proportion allocated to each of these three headings... [2619/94]

Ireland · Dáil Éireann · 2 November 1994

10 Mr. E. Byrne asked the Minister for Defence the total number of flying hours undertaken by Air Corps aircraft, fixed wing or helicopter, during 1993 and in 1994 to date; in respect of these, if he will break the figures down for search and rescue operations, Ministerial air transport services and other; the total Air Corps budget; and the proportion allocated to each of these three headings... [2619/94]

Résolution sur l'exécution du budget communautaire pour l'exercice 1994

European Union · European Parliament · 31 October 1994

Council Regulation (ECSC, EC, Euratom) No 2730/94 of 31 October 1994 amending the Financial Regulation of 21 December 1977 applicable to the general budget of the European Communities

European Union · EUR-Lex · 31 October 1994

Incorporation of the EDF in the EC budget

European Union · European Parliament · 26 October 1994

Incorporation of the ECSC in the EC budget

European Union · European Parliament · 26 October 1994

1994 amending budget No. 2

European Union · European Parliament · 24 October 1994

75 Mr. Yates asked the Minister for Finance, in view of the likelihood of tax receipts for 1994 exceeding budget forecasts, if he will reconsider the Government's policy on the residential property tax; and the outcome of the review by the Government of merging local service charges and residential property tax as proposed by the Taoiseach earlier in 1994. [1217/94]

Ireland · Dáil Éireann · 19 October 1994

75 Mr. Yates asked the Minister for Finance, in view of the likelihood of tax receipts for 1994 exceeding budget forecasts, if he will reconsider the Government's policy on the residential property tax; and the outcome of the review by the Government of merging local service charges and residential property tax as proposed by the Taoiseach earlier in 1994. [1217/94]

75 Mr. Yates asked the Minister for Finance, in view of the likelihood of tax receipts for 1994 exceeding budget forecasts, if he will reconsider the Government's policy on the residential property tax; and the outcome of the review by the Government of merging local service charges and residential property tax as proposed by the Taoiseach earlier in 1994. [1217/94]

Ireland · Dáil Éireann · 19 October 1994

75 Mr. Yates asked the Minister for Finance, in view of the likelihood of tax receipts for 1994 exceeding budget forecasts, if he will reconsider the Government's policy on the residential property tax; and the outcome of the review by the Government of merging local service charges and residential property tax as proposed by the Taoiseach earlier in 1994. [1217/94]

proposition de résolution relative à l'avant-projet de budget général des Communautés européennes pour l'exercice 1995 (n° E-260)

France · Senate · 11 October 1994

G. Edward DeSeve, of Pennsylvania, to be Controller, Office of Federal Financial Management, Office of Management and Budget, vice Edward Joseph Mazur, resigned.

United States · United States Senate · 7 October 1994

Sustainable Fisheries Act

United States · United States Congress · 7 October 1994

TABLE OF CONTENTS: Title I: Conservation and Management Title II: Fishery Monitoring and Research Title III: Fisheries Stock Recovery Financing Title IV: Atlantic Tunas Convention Act Sustainable Fisheries Act - Title I: Conservation and Management - Amends the Magnuson Fishery Conservation and Management Act to include among its purposes the advocacy of fishery habitat protection. (Sec. 104) Authorizes appropriations for FY 1993 through 1999 to carry out such Act. (Sec. 107) Revises the guidelines governing permits for foreign fishing vessels. (Sec. 108) Repeals the large-scale driftnet fishing reporting requirements. (Sec. 109) Modifies the national standards for fishery conservation and management to include the mandate that conservation and management measures minimize the incidental catch of non-target living marine resources. (Sec. 110) Expands the number of voting members on the Pacific Fishery Management Council to include one appointed from an Indian tribe with federally recognized fishing rights from a member State. Prescribes selection guidelines for such Indian representative. Authorizes each Regional Fishery Management Council to establish a negotiation panel to assist in the development of specific conservation and management measures for a fishery. (Sec. 111) Modifies the guidelines governing the contents of fishery management plans to include: (1) protection of essential fish habitat; (2) prevention of overfishing; (3) assessment of the level of bycatch; and (4) minimization of mortality caused by discards. Requires the Secretary of Commerce to establish guidelines for individual transferable quotas systems. (Sec. 112) Revises actions by the Secretary after receipt of a fishery management plan. Requires the Secretary to establish the level of fees for fishing vessel permits. (Sec. 113) Requires the Secretary to report annually to the Congress an the Councils on the status of fisheries within each Council's geographical area and identify those fisheries that approaching a condition of being overfished or are overfished. Requires the appropriate Council to prepare a fishery management plan to prevent or stop overfishing. (Sec. 114) Modifies provisions concerning: (1) State jurisdiction; (2) prohibited acts; (3) civil penalties and permit sanctions; and (4) enforcement. (Sec. 118) Requires the North Pacific Fishery Management Council to include in each fishery management plan conservation and management measures, including fees or other incentives, to reduce bycatch. (Sec. 119) Grants the Secretary discretionary authority to work with interested parties to develop a sustainable development strategy for any fishery classified as overfished or determined to be a commercial fishery failure. Establishes an Ocean Conservation Trust Fund to carry out this section. Authorizes appropriations for FY 1995 through 1999 for fishery resource disasters, if such funds are designated by the Congress as an emergency requirement under the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings). Title II: Fishery Monitoring and Research - Directs the Secretary, in cooperation with the Secretary of the department in which the Coast Guard is operating, the States, the Councils, and Marine Fisheries Commissions, to develop recommendations for implementation of a standardized fishing vessel registration and data management system on a national or regional basis. Requires a report to the Congress by March 1, 1996 on the need to include private recreational fishing vessels used exclusively for pleasure into such system. (Sec. 203) Provides for a Council to implement a data collection program specific to the needs of a fishery management plan. (Sec. 204) Directs the Secretary to issue guidelines for the carrying of observers on fishing vessels. (Sec. 205) Directs the Secretary to publish, every three years after enactment of this Act, a strategic plan for fisheries research for the five years immediately following such publication. (Sec. 206) Requires the Secretary to report to specified congressional committees on programs that assess the impact on fishery resources of incidental harvest by shrimp trawl fisheries. Title III: Fisheries Stock Recovery Financing - Fisheries Stock Recovery Financing Act - Amends the Merchant Marine Act, 1936 to authorize guarantees for refinancing fishery stock recovery efforts. (Sec. 303) Requires the financing of fishing vessels and fishery facilities through the Federal Financing Bank, unless placement through such bank is not reasonably available or placement elsewhere is available at lower financing. (Sec. 304) Modifies provisions for fees for guaranteeing obligations with respect to fishing vessels and fishing facilities. Title IV: Atlantic Tunas Convention Act - Atlantic Tunas Convention Authorization Act of 1994 - Amends the Atlantic Tunas Convention Act of 1975 to require a report to specified congressional committees on the current research and monitoring activities on Atlantic bluefin tuna and other highly migratory species. (Sec. 402) Mandates a comprehensive research program to support the conservation and management of Atlantic bluefin tuna and other highly migratory species, including identifying and defining the range of stocks. Amends Federal law to remove a provision authorizing appropriations for a currently-mandated biennial report on bluefin tuna. (Sec. 403) Regulates operational matters for the advisory committee established by the Act, including regarding quorums, a chairman, meetings, and administrative and technical support. (Sec. 404) Prohibits the promulgation of regulations to increase or decrease fishery mortality levels. (Sec. 405) Makes the civil penalty and permit sanctions of the Magnuson Fishery Conservation and Management Act applicable to violations of this Act. (Sec. 406) Authorizes appropriations. (Sec. 407) Directs the Secretary of Commerce to submit a report annually to specified congressional committees that: (1) details for the previous ten-year period the catches and exports to the United States of highly migratory species from nations fishing on Atlantic stocks that are subject to management by the International Commission for the Conservation of Atlantic Tunas; (2) identifies those fishing nations whose harvests are inconsistent with existing international conservation and management programs; and (3) describes reporting requirements to ensure that imported fish are in compliance with international management measures.

New Urban Agenda Act of 1994

United States · United States Congress · 7 October 1994

TABLE OF CONTENTS: Title I: Federal Commitment to Urban Economic Development Title II: Tax Incentives to Stimulate Urban Economic Development Title III: Community Regulatory Relief Title IV: Community-Based Housing Development Title V: Response to Urban Environmental Challenges Subtitle A: Environmental Cleanup Subtitle B: Environmental-Economic Recovery New Urban Agenda Act of 1994 - Title I: Federal Commitment to Urban Economic Development - Amends the Office of Federal Procurement Policy Act to require executive agencies to expend not less than 15 percent in a fiscal year for the purchase of goods from businesses located in empowerment zones, enterprise communities, or enterprise zones. Requires agencies, to the maximum extent practicable, to purchase recycled products from businesses located in such zones. (Sec. 102) Requires not less than 15 percent of foreign assistance provided in a fiscal year to be for the purchase of U.S. goods produced, manufactured, or assembled in such zones. (Sec. 103) Directs the Secretary of Commerce, in designating and providing financial assistance to Manufacturing Technology Outreach Centers, to give preference to centers located in such zones. (Sec. 104) Establishes a preference for the construction, improvement, or relocation of Federal facilities in distressed urban areas. Title II: Tax Incentives to Stimulate Urban Economic Development - Amends the Internal Revenue Code with respect to the offset for rental real estate activities under passive activity rules to increase the rehabilitation credit under such rules. (Sec. 202) Allows the rehabilitation investment credit to offset a portion of tentative minimum tax. (Sec. 203) Allows the issuance of tax-exempt facility bonds for sports facilities, convention or trade show facilities, freestanding parking facilities, air or water pollution control facilities, or industrial parks. Makes termination dates on such tax-exempt bonds inapplicable to bonds issued to finance manufacturing facilities. (Sec. 204) Increases the permitted amount of qualified small issue bonds for facilities to be used by related persons. (Sec. 205) Provides an exception to arbitrage interest rebate provisions if 100 percent of available construction proceeds are spent for governmental purposes within three years of the issuance of the tax-exempt bonds. Title III: Community Regulatory Relief - Provides that any requirement under a Federal statute or regulation which creates a Federal mandate shall apply to State or local government only if all funds necessary to pay the direct costs incurred by the government in conducting the activity are provided by the Federal Government for the fiscal year in which the direct cost is incurred. Requires the Director of the Congressional Budget Office to analyze the effects of each bill or resolution on each state and local government's compliance with a Federal mandate. Requires each measure reported or considered in either House of the Congress to be accompanied by such analyses. Requires reports by the Director to the President and the Congress estimating the direct costs of such compliance for each fiscal year in which a Federal mandate will be in effect. Title IV: Community-Based Housing Development - Amends the United States Housing Act of 1937 to increase section 8 rental subsidies. (Sec. 402) Directs the Secretary of Housing and Urban Development to report to the Comptroller General on the feasibility of consolidating existing public and low-income housing programs into a comprehensive block grant system of Federal aid. Requires the Comptroller General to report to the Congress with an analysis of such report and recommendations. (Sec. 403) Provides, when practicable, for the reconstruction of public housing dwelling units on the same property on which such units were demolished or disposed, and for the relocation of displaced tenants to such new units. Title V: Response to Urban Environmental Challenges - Subtitle A: Environmental Cleanup - Amends the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 to exclude local governments that are owners or operators of facilities in distressed urban areas from liability under such Act. Requires the President to establish standards for the degree of cleanup of hazardous substances, pollutants, and contaminants released into the environment for facilities located in distressed urban areas. Subtitle B: Environmental-Economic Recovery - Authorizes the Secretary of Energy to make no more than three loans to units of local government for distressed urban areas for the establishment of facilities to dispose of, and obtain inexpensive electrical power and steam from, solid waste. Requires a report to the Congress on the results of financing such facilities.

Taxpayer Empowerment Act

United States · United States Congress · 7 October 1994

Taxpayer Empowerment Act - Amends the Internal Revenue Code to allow an eligible individual to file a taxpayer empowerment form by April 15 of each year that specifies the individual's allocation of budget authority for major outlay categories. Requires the Secretary of the Treasury to compile such budgeting decisions and report to the House and Senate Budget Committees and the Director of the Office of Management and Budget. Requires the President's budget and the congressional budget to reflect such taxpayer allocations.

Jobs and Investment Act of 1994

United States · United States Congress · 7 October 1994

TABLE OF CONTENTS: Title I: Physical Capital Investment Subtitle A: Highways and Mass Transit Subtitle B: Airports Subtitle C: Railroads Subtitle D: Water and Sewage Treatment Facilities Subtitle E: Environmental Restoration Subtitle F: Community Development Assistance Subtitle G: Education Infrastructure Subtitle H: Renewable Energy and Energy Efficiency Title II: Human Capital Investment Subtitle A: Job Training Subtitle B: Education Subtitle C: Head Start Subtitle D: Programs Under Public Health Service Act Title III: Amendments of Internal Revenue Code of 1986 Subtitle A: Reduction in Employee Payroll Taxes; Credit for First-Time Homebuyers Subtitle B: Revenue Increases Title IV: Appropriations Title I: Physical Capital Investment - Subtitle A: Highways and Mass Transit - Amends the Intermodal Surface Transportation Efficiency Act of 1991 to authorize additional appropriations from the Highway Trust Fund (other than the Mass Transit Account) for interstate maintenance, surface transportation, and bridges. (Sec. 1002) Amends the Federal Transit Act to authorize additional appropriations and make available additional funding from the Mass Transit Account for certain formula grants and discretionary grants transit programs. Subtitle B: Airports - Amends the Airport and Airway Improvement Act of 1982 to make available additional amounts for airport improvement program grants (including grants for airport noise compatibility planning). Subtitle C: Railroads - Amends the Department of Transportation Act to increase and extend the authorization of appropriations for local rail freight assistance. Subtitle D: Water and Sewage Treatment Facilities - Amends the Federal Water Pollution Control Act to extend the authorization of appropriations for State water pollution control revolving funds. Subtitle E: Environmental Restoration - Provides funds for environmental restoration at facilities of the Departments of Defense and of Energy. Sets forth various authorizations of appropriations and makes appropriations for such purposes. Subtitle F: Community Development Assistance - Chapter 1: Community Development Block Grants - Authorizes additional appropriations for community development block grants under the Housing and Community Development Act of 1974. Chapter 2: Community Banking and Economic Empowerment Act - Community Banking and Economic Empowerment Act - Directs the Secretary of Housing and Urban Development (HUD) to provide capital, operating, and technical assistance to community development lenders and certain eligible entities in order to: (1) make credit-related services available to low-income persons inadequately served by traditional lending institutions; and (2) promote development and revitalization of low-income neighborhoods. Delineates the purposes for which the Secretary of HUD may provide assistance to community development lenders and to the eligible entities establishing those lenders. Prescribes guidelines for assisted community development lenders, including assistance agreements and auditing procedures. (Sec. 1520) Amends the Community Reinvestment Act to preclude a regulated financial institution from receiving either an "outstanding" or a "satisfactory" rating for meeting community credit needs solely on the basis of its loans or investments in community development lenders. (Sec. 1521) Requires annual reports to the Congress. (Sec. 1524) Authorizes appropriations for: (1) capital and operating assistance for community development lenders; and (2) technical assistance for organizing and operating community development lenders. Subtitle G: Education Infrastructure - Education Infrastructure Act of 1994 - Directs the Secretary of Education to award grants to eligible local educational agencies to meet the National Education Goals through repair, renovation, alteration, and construction of public elementary or secondary school libraries, media centers, or facilities, used for academic or vocational instruction, including certain authorized activities. Authorizes appropriations. (Sec. 1606) Sets forth requirements for: (1) priorities in selection of applications; (2) maintenance of effort, supplementation of non-Federal funds, and general limitations; (3) minority small business participation as project contractors or subcontractors, and payment of wages in accordance with the Davis-Bacon Act; and (4) Federal evaluation. (Sec. 1610) Authorizes the comprehensive regional centers to provide technical assistance to such projects. Subtitle H: Renewable Energy and Energy Efficiency - Authorizes additional appropriations to the Secretary of Energy for renewable energy research, development, and demonstration programs described in specified provisions of the Renewable Energy and Efficiency Technology Competitiveness Act of 1989. (Sec. 1702) Amends the National Energy Conservation Policy Act to increase and extend the authorization of appropriations for the Federal Energy Efficiency Fund and the new technology demonstration program. Title II: Human Capital Investment - Subtitle A: Job Training - Amends the Job Training Partnership Act (JTPA) to establish an allied health professional job training program. Directs the Secretary of Labor to make grants to institutions of higher education to establish job training assistance programs for at-risk youths and long-term welfare recipients to become allied health professionals. Authorizes appropriations. Increases the authorization of appropriations for the following youth job training programs: (1) Youth Fair Chance under JTPA; and (2) Youthbuild under the Homeownership and Opportunity Through HOPE Act. Subtitle B: Education - Extends and increases the authorizations of appropriations for certain programs for educational personnel under the Adult Education Act and the Elementary and Secondary Education Act of 1965. Subtitle C: Head Start - Amends the Head Start Act to extend and increase the authorization of appropriations for Head Start programs. Subtitle D: Programs Under Public Health Service Act - Chapter 1: Funding Initiative for Programs Providing Health Services - Authorizes additional appropriations for the following programs under the Public Health Service Act: (1) community health centers; (2) migrant health centers; (3) health care for the homeless; (4) preventive services regarding tuberculosis, breast and cervical cancer, lead exposure, HIV disease, and prostate cancer; (5) immunization; (6) cancer registries; (7) comprehensive school health education; (8) prevention and control of sexually transmitted diseases, diabetes, and injuries; (9) child day care health and safety; (10) asthma; (11) environmental health, including response to urgent environmental threats to public health and environmental services regarding the health of individuals in the United States in the vicinity of the Mexican border; (12) block grants for community mental health services, prevention and treatment of substance abuse, and preventive health services; and (13) scholarship and loan repayment programs of the National Health Service Corps. Authorizes additional appropriations for the maternal and child health block grant program under the Social Security Act. Chapter 2: Community Health Advisor Program - National Community Health Advisor Act - Directs the Secretary of Health and Human Services, for each State or State-designated entity that submits an appropriate application, to award formula grants for the development and operation of community health advisor (CHA) programs. Requires such States to: (1) operate a clearinghouse to maintain and disseminate information on CHA programs; (2) provide technical assistance for training CHAs; and (3) coordinate all CHA activities carried out by the State under the award. Limits administrative costs to 15 percent of the total award. (Sec. 2314) Provides CHA program objectives and goals. Requires funding agreements for such awards to give priority to developing and operating CHA programs for medically underserved communities (poor rural and inner city areas). (Sec. 2315) Requires a State to provide matching funds of 25 percent of award amounts toward such programs. Requires a CHA program in a State to be carried out in at least one urban area and one rural area. Requires ongoing supervision of CHAs involved in the program. Allows for expenditures under the award for training and continuing education programs. Requires reports from State applicants to the Secretary assessing the effectiveness of CHA programs. (Sec. 2317) Provides for the determination of the amount allotted to each chosen applicant, taking into account the population and poverty level of the area involved. (Sec. 2318) Directs the Secretary to establish guidelines for quality assurance and cost-effectiveness of the CHA programs. (Sec. 2319) Requires evaluations of each such program. (Sec. 2320) Prohibits this chapter from being construed to require the Secretary to modify or terminate the Community Health Representative Program of the Indian Health Service. (Sec. 2322) Authorizes appropriations for the CHA program. Title III: Amendments of Internal Revenue Code of 1986 - Subtitle A: Reduction in Employee Payroll Taxes; Credit for First-Time Homebuyers - Amends the Internal Revenue Code (IRC) to provide a refundable credit for a portion of social security taxes for taxable years 1995 and 1996, equal to 20 percent of the taxpayer's social security taxes for that year, up to a maximum credit of $200, or $400 for a joint return. (Sec. 3002) Allows a nonrefundable personal credit for purchase of a principal residence by a first-time homebuyer. Sets such maximum overall credit at no more than $6,000. Subtitle B: Revenue Increases - Amends the IRC to establish a stock transfer excise tax. (Sec. 3102) Repeals a preferential rate of tax on capital gains. (Sec. 3103) Provides for a carryover basis for certain property acquired from a decedent. Provides for nonrecognition of gain where certain appreciated carryover basis property is used in satisfaction of a pecuniary bequest. Sets forth a procedure for binding determination of initial basis of carryover basis property. Sets forth requirements for information regarding carryover basis property acquired from a decedent. Sets penalties for negligent or fraudulent overstatement of initial basis and for failure to furnish such required information. Makes a $125,000 exclusion available to the spouse of a decedent in certain cases. (Sec. 3104) Allows unused capital loss carryovers to be transferred to an estate. Provides capital gain treatment for inherited art or similar property. Title IV: Appropriations - Appropriates amounts authorized under this Act. (Sec. 4002) Designates the entire amount appropriated under this Act as an emergency requirement under the Balanced Budget and Emergency Deficit Control Act of 1985.

New Urban Agenda Act of 1994

United States · United States Congress · 7 October 1994

TABLE OF CONTENTS: Title I: Federal Commitment to Urban Economic Development Title II: Tax Incentives to Stimulate Urban Economic Development Title III: Community Regulatory Relief Title IV: Community-Based Housing Development Title V: Response to Urban Environmental Challengers Subtitle A: Environmental Cleanup Subtitle B: Environmental-Economic Recovery New Urban Agenda Act of 1994 - Title I: Federal Commitment to Urban Economic Development - Amends the Office of Federal Procurement Policy Act to require executive agencies to expend not less than 15 percent in a fiscal year for the purchase of goods from businesses located in empowerment zones, enterprise communities, or enterprise zones. Requires agencies, to the maximum extent practicable, to purchase recycled products from businesses located in such zones. (Sec. 102) Requires not less than 15 percent of foreign assistance provided in a fiscal year to be for the purchase of U.S. goods produced, manufactured, or assembled in such zones. (Sec. 103) Directs the Secretary of Commerce, in designating and providing financial assistance to Manufacturing Technology Outreach Centers, to give preference to centers located in such zones. (Sec. 104) Establishes a preference for the construction, improvement, or relocation of Federal facilities in distressed urban areas. Title II: Tax Incentives to Stimulate Urban Economic Development - Amends the Internal Revenue Code with respect to the offset for rental real estate activities under passive activity rules to increase the rehabilitation credit under such rules. (Sec. 202) Allows the rehabilitation investment credit to offset a portion of tentative minimum tax. (Sec. 203) Allows the issuance of tax-exempt facility bonds for sports facilities, convention or trade show facilities, freestanding parking facilities, air or water pollution control facilities, or industrial parks. Makes termination dates on such tax-exempt bonds inapplicable to bonds issued to finance manufacturing facilities. (Sec. 204) Increases the permitted amount of qualified small issue bonds for facilities to be used by related persons. (Sec. 205) Provides an exception to arbitrage interest rebate provisions if 100 percent of available construction proceeds are spent for governmental purposes within three years of the issuance of the tax-exempt bonds. Title III: Community Regulatory Relief - Provides that any requirement under a Federal statute or regulation which creates a Federal mandate shall apply to State or local government only if all funds necessary to pay the direct costs incurred by the government in conducting the activity are provided by the Federal Government for the fiscal year in which the direct cost is incurred. Requires the Director of the Congressional Budget Office to analyze the effects of each bill or resolution on each state and local government's compliance with a Federal mandate. Requires each measure reported or considered in either House of the Congress to be accompanied by such analyses. Requires reports by the Director to the President and the Congress estimating the direct costs of such compliance for each fiscal year in which a Federal mandate will be in effect. Title IV: Community-Based Housing Development - Amends the United States Housing Act of 1937 to increase section 8 rental subsidies. (Sec. 402) Directs the Secretary of Housing and Urban Development to report to the Comptroller General on the feasibility of consolidating existing public and low-income housing programs into a comprehensive block grant system of Federal aid. Requires the Comptroller General to report to the Congress with an analysis of such report and recommendations. (Sec. 403) Provides, when practicable, for the reconstruction of public housing dwelling units on the same property on which such units were demolished or disposed, and for the relocation of displaced tenants to such new units. Title V: Response to Urban Environmental Challenges - Subtitle A: Environmental Cleanup - Amends the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 to exclude local governments that are owners or operators of facilities in distressed urban areas from liability under such Act. Requires the President to establish standards for the degree of cleanup of hazardous substances, pollutants, and contaminants released into the environment for facilities located in distressed urban areas. Subtitle B: Environmental-Economic Recovery - Authorizes the Secretary of Energy to make no more than three loans to units of local government for distressed urban areas for the establishment of facilities to dispose of, and obtain inexpensive electrical power and steam from, solid waste. Requires a report to the Congress on the results of financing such facilities.

Veterans' Benefits Improvements Act of 1994

United States · United States Congress · 7 October 1994

TABLE OF CONTENTS: Title I: Persian Gulf War Veterans Title II: Board of Veterans' Appeals Administration Title III: Adjudication Improvements Title IV: Veterans' Claims Adjudication Commission Title V: Miscellaneous Provisions Title VI: Education and Training Programs Title VII: Employment Programs Title VIII: Cemeteries and Memorial Affairs Title IX: Housing Programs Title X: Homeless Veterans Programs Title XI: Reductions in Department of Veterans Affairs Personnel Title XII: Technical and Clerical Amendments Veterans' Benefits Improvements Act of 1994 - Title I: Persian Gulf War Veterans - Persian Gulf War Veterans' Benefits Act - Directs the Secretary of Veterans Affairs to develop and implement a uniform and comprehensive medical evaluation protocol that will ensure appropriate medical assessment, diagnosis, and treatment of Persian Gulf War (War) veterans who are suffering from illnesses the origin of which are unknown but may be attributable to service in the Southwest Asia theater of operations during the War. Requires the protocol to include an evaluation of complaints relating to illnesses involving the reproductive system. Requires a report to the Senate and House Veterans' Affairs Committees (veterans' committees) if the protocol has not been developed within 120 days after enactment of this Act. Requires the Secretary to ensure that information collected through the protocol is collected and maintained in a manner that permits the effective and efficient cross-reference of such information with information collected and maintained through the comprehensive clinical protocols of the Department of Defense (DOD) for War veterans. (Sec. 105) Directs the Secretary to implement a comprehensive outreach program to inform War veterans and their families of the medical care and other benefits that may be provided by the Department of Veterans Affairs (VA) and DOD arising from service in the War. Requires such outreach program to include: (1) a semiannual newsletter distributed to veterans listed on the Persian Gulf War Veterans Health Registry; and (2) the establishment of a toll-free telephone number to provide War veterans and their families information on the Registry and health care and other benefits provided by the VA. (Sec. 106) Authorizes the Secretary to pay compensation to any War veteran suffering from a chronic disability resulting from an undiagnosed illness that: (1) became manifest during service on active duty during the War; or (2) became manifest to a degree of ten percent or more within a presumptive period (such period to be prescribed by the Secretary) after such service . Requires a report and appropriate regulations. (Sec. 107) Directs the Secretary to conduct a study of the health status of spouses and children of War veterans, including diagnostic testing and appropriate medical examinations. Requires the Secretary to develop standard protocols and guidelines for such testing and examinations in order to ensure the uniform development of the medical data. Requires study results to be entered into the Registry. Requires the Secretary to: (1) conduct appropriate outreach activities in connection with the study; (2) make the protocols and guidelines developed under such study available outside the VA; and (3) provide study reports to the Congress. (Sec. 108) Amends the Persian Gulf War Veterans' Health Status Act to include diagnostic tests within the allowable scope of health examinations provided under such Act for veterans eligible for inclusion in health-related registries. (Sec. 109) Authorizes the Secretary to carry out a survey of the incidence and nature of health problems occurring in War veterans and their families. (Sec 110) Authorizes the Secretary to carry out an epidemiological study on the health consequences of service in the War if the National Academy of Sciences (NAS) includes in a required report a finding that a sound basis exists for such a study. Requires certain oversight. Authorizes appropriations. (Sec. 111) Allows surviving spouses eligible for dependency and indemnity compensation to elect to instead receive a death pension. Limits the FY 1995 cost-of-living increases for various veterans' compensation to the percentage increase under title II (Old age, survivors and disability insurance) of the Social Security Act beginning on December 1, 1994. Title II: Board of Veterans' Appeals Administration - Requires members of the Board of Veterans' Appeals other than the Chairman to be appointed by the Secretary, with the President's approval, based upon recommendations of the Chairman. Directs the Chairman to establish a panel of Board members to review the performance of each member at least every three years. Provides for the granting of a conditional recertification or recommendation for noncertification of a Board member not meeting the required performance standards. (Sec. 202) Requires Board member performance standards to be established within 90 days after enactment of this Act. Requires a report. (Sec. 203) Allows a Board Chairman to continue in such office until either reappointment or the appointment of a successor. Title III: Adjudication Improvements - Authorizes the Secretary to accept the written statement of a claimant as proof of the existence of a marriage or its dissolution, the birth of a child, or the death of a family member. Authorizes the acceptance of reports of private physician medical examinations in support of a claim for benefits. (Sec. 302) Directs the Secretary to take any necessary action to provide for the expeditious treatment of benefit claims that have been remanded from either the Board or the U.S. Court of Veterans Appeals (Court). (Sec. 303) Allows for the screening of appeals to: (1) determine the adequacy of the record for decisional purposes; or (2) develop a record found to be inadequate for decisional purposes. (Sec. 304) Directs the Secretary to report to specified congressional committees on the feasibility of the reorganization of the adjudication divisions located within the regional offices of the Veterans Benefits Administration. Title IV: Veterans' Claims Adjudication Commission - Establishes the Veterans' Claims Adjudication Commission to study and report to the Congress on the VA system for the disposition of claims for veterans' benefits. Provides Commission funding for FY 1995. Title V: Miscellaneous Provisions - Presumes a service connection (and, therefore, eligibility for veterans' disability compensation) between radiation exposure during the detonation of a nuclear device and radiation-related illness in a veteran, whether or not the nation conducting the nuclear test was the United States. (Sec. 502) Extends through December 31, 1999, the authority to maintain VA regional offices in the Republic of the Philippines. (Sec. 503) Allows for reapplication (without penalty) for veterans' pension benefits or parents' dependency and indemnity compensation within one year after renouncement of such rights. (Sec. 505) Adds to the list of herbicide-exposure related diseases and illnesses presumed to be service-connected and therefore compensable through veterans' disability compensation if they become manifest to a disability degree of ten percent or more: (1) Hodgkin's disease; (2) porphyria cutanea tarda; (3) respiratory cancers; and (4) multiple myeloma. (Sec. 506) Excludes from consideration as income, for purposes of eligibility for veterans' benefits, any cash, stock, land, or other interests received by an individual from a Native Corporation under the Alaska Native Claims Settlement Act. (Sec. 507) Eliminates the requirement for payment in Philippine pesos of certain veterans' compensation for service in the Philippine Scouts. (Sec. 508) Directs the Secretary to enter into an agreement for the Medical Follow-Up Agency of the Institute of Medicine of the NAS to convene a panel to evaluate the feasibility of carrying out a study of the relationship of exposure to certain ionizing radiation while participating in military service and the presence of certain birth- related defects and illnesses. (Sec. 509) Establishes in the VA a Center for Minority Veterans and a Center for Women Veterans. Requires the Secretary to include in annual budget documents detailed information on each Center's budget and a report on each Center's activities and accomplishments. (Sec. 510) Directs the Secretary to establish the Advisory Committee on Minority Veterans with respect to the administration of VA benefits for veterans who are minority group members. Requires an annual report from the Advisory Committee on its programs and activities. Defines "minority group members" as Asian Americans, Blacks, Hispanics, Native Americans, and Pacific-Islander Americans. Terminates the Advisory Committee on December 31, 1997. (Sec. 511) Provides that a notice of appeal of a final Board decision shall be deemed to be received by the Court on the date of its receipt or the date of the U.S. postal service postmark stamped on the envelope. Title VI: Education and Training Programs - Repeals the requirement that a course of flight training must commence before October 1, 1994, in order to be approved as a course of education under the veterans' basic educational assistance program for active-duty, reserve, and post-Vietnam era veterans. (Sec. 602) Authorizes the Secretary to use the facilities of any federally recognized Indian tribe in order to provide training and rehabilitative services for veterans with service-connected disabilities. Allows veterans to pursue on-job training or work experience on such facilities. (Sec. 603) Allows veterans to use basic educational assistance benefits for attending alternative teacher certification programs at educational institutions that provide State-approved programs. (Sec. 604) Prohibits a veteran, in using educational assistance benefits, from enrolling in a course outside the United States unless the institution is an approved institution of higher learning and the course is approved by the Secretary. (Sec. 605) Provides that approved programs of education under veterans' educational assistance benefits shall include certain correspondence programs from approved educational institutions. (Sec. 606) Increases from $12 to $13 million the annual amount authorized to be reimbursed by the VA to State educational approving agencies for travel and administrative expenses incurred in determining the qualifications of educational institutions under the veterans' educational assistance program. Eliminates the requirement of a quarterly report by such agencies relating to such expenses. Eliminates the requirement that the Secretary supervise the provision of course approval services by such agencies. (Sec. 608) Extends through December 31, 2003, the Veterans' Advisory Committee on Education. (Sec. 609) Increases from $5 to $6 million the annual fiscal year funding for VA contracting for veterans' educational and vocational counseling services. (Sec. 610) Amends the Service Members Occupational Conversion and Training Act of 1992 to: (1) eliminate the current 18-month limit on training for former military personnel for employment in stable and permanent positions; (2) revise the amount of payments made to employers under the program; and (3) allow entry into a job training program with the employer on the day that notice is transmitted to the implementing official. Title VII: Employment Programs - Designates within the Department of Labor a Deputy Assistant Secretary of Labor for Veterans' Employment and Training, to perform duties as prescribed by the Assistant Secretary of Labor for Veterans' Employment and Training. Requires disabled veterans' outreach program specialists to be paid at rates comparable to those paid other professionals performing essentially similar duties. Adds certain veterans to a list of those to be subjects of a biennial study concerning unemployment among categories of veterans. Requires a report to the Congress on the study's results. (Sec. 702) Allows contractors of contracts of $10,000 or more for the procurement of personal property and non-personal services to exclude certain positions from a requirement that such contractors first offer positions under such contract to disabled and Vietnam veterans. Excludes any amounts received under the All-Volunteer Force educational assistance program from the needs or qualification requirements of the veterans' employment and training programs. (Sec. 703) Makes certain conforming and clarifying amendments to the Employee Retirement Income Security Act of 1974 as necessitated by the Uniformed Services Employment and Reemployment Rights Act of 1994. Title VIII: Cemeteries and Memorial Affairs - Provides eligibility for burial in national cemeteries for: (1) spouses who predecease veterans; and (2) unremarried surviving spouses who had a subsequent remarriage which was terminated by death or divorce. (Sec. 803) Extends through FY 1999 the authorization of appropriations for grants to States for establishing, expanding, or improving veterans' cemeteries. (Sec. 804) Authorizes the Secretary to provide for flat grave markers at the Willamette National Cemetery, Oregon. Title IX: Housing Programs - Makes eligible under the veterans' home loan program: (1) former members of the Selected Reserve who were discharged or released before completing six years of service because of a service-connected disability; and (2) surviving spouses of reserve personnel who died while on active duty. Revises provisions regarding the determination of the aggregate home loan guaranty amount. (Sec. 903) Prohibits the use of veterans' home loan funds for the purchase or construction of new residential housing that is not served by a public or community water and sewage system. (Sec. 904) Authorizes the use of veterans' guaranteed home loan funds to refinance existing guaranteed loans to make home energy efficiency improvements and to refinance adjustable rate mortgages as fixed rate mortgages. (Sec. 906) Provides that, with regard to the veterans' home loan program, any manufactured housing unit properly displaying a certification of conformity with Federal home construction and safety standards pursuant to the National Manufactured Housing Construction and Safety Standards Act of 1974 shall be deemed to meet standards required by the VA. Authorizes the Secretary to deny guaranteed or direct loan financing in the case of other types of manufactured homes. Repeals a provision requiring housing inspection results to be reported annually to the Congress. (Sec. 907) Permits the VA to acquire property from the lender at the price provided for under applicable State law, whether or not the lender's bid at foreclosure exceeds such price. (Sec. 908) Includes, as an exception to the minimum two-year active duty service requirement for entitlement to certain veterans' benefits, military personnel discharged before such period due to a reduction in force. Title X: Homeless Veterans Programs - Directs the Secretary to report annually to the veterans' committees on VA activities during the preceding year to assist homeless veterans. (Sec. 1002) Amends the Veterans' Medical Programs Amendments of 1992 to: (1) require updates during FY 1995 through 1997 of assessments of VA programs for assisting the homeless; and (2) require the Secretary to report to the veterans' committees with regard to such assessments as well as progress made in developing a homeless veterans assistance plan. (Sec. 1003) Amends the Homeless Veterans Comprehensive Service Programs Act of 1992 to: (1) raise from four to eight the authorized number of demonstration centers for the provision of comprehensive services to homeless veterans; and (2) repeal a prohibition on the use of funds to carry out certain provisions of such Act unless expressly provided for in an appropriations Act. (Sec. 1005) Expresses the sense of the Congress calling for a more proportionate share of Federal homeless assistance funds to be appropriated to the Secretary to assist homeless veterans. Requests the Secretary to encourage Federal agencies that provide assistance to the homeless to be aware of and make referrals to the VA for homeless assistance benefits. Title XI: Reductions in Department of Veterans Affairs Personnel - Requires a minimum number of 224, 377 full-time equivalent positions in the VA during a fiscal year from the date of enactment of this Act until September 30, 1999. Excludes certain full-time personnel from those to be considered full-time for purposes of the Federal Workforce Restructuring Act of 1994, including personnel paid with funds other than appropriated funds. Prohibits the Secretary from reducing the number of full-time VA personnel unless: (1) necessary due to a reduction in available funds; or (2) required under a law enacted after enactment of this provision which specifically refers to this provision. Requires a report from the Secretary to the veterans' committees annually through 2000 on any such reductions. (Sec. 1103) Precludes from application during FY 1995 through 1999 certain Federal provisions prohibiting the VA from contracting to have VA direct patient care or activities incident to such care from being converted to activities performed by non-VA providers. Requires that, whenever any activity at a VA health-care facility is so converted, the Secretary must: (1) require in the contract an employment priority for VA employees displaced due to the contract; and (2) provide to such former employees all possible assistance in obtaining other Federal employment or job training or retraining. Directs the Secretary to report annually to the Congress on all contracting-out authority exercised. (Sec. 1104) Directs the Secretary to enter into an agreement with a non-federal entity under which such entity carries out a study of the feasibility and advisability of alternative organizational structures for the provision of health care services to veterans. Requires the Secretary to submit such report to the veterans' committees. Authorizes appropriations. Title XII: Technical and Clerical Amendments - Makes technical and clerical amendments to Federal veterans' benefits provisions.

Social Security Act Amendments of 1994

United States · United States Congress · 7 October 1994

TABLE OF CONTENTS: Title I: Medicare Provisions Subtitle A: Provisions Relating to Part A Subtitle B: Provisions Relating to Part B Subtitle C: Provisions Relating to Parts A and B Subtitle D: Provisions Relating to Medicare Supplemental Insurance Policies Title II: Maternal and Child Health Services Block Grant Program Subtitle A: Child Welfare, Foster Care, Adoption Subtitle B: Child Support Enforcement Subtitle C: Supplemental Security Income Subtitle D: Aid to Families With Dependent Children Subtitle E: JOBS Program Subtitle F: Other Provisions Social Security Act Amendments of 1994 - Title I: Medicare Provisions - Subtitle A: Provisions Relating to Part A - Amends title XVIII (Medicare) of the Social Security Act (SSA) to: (1) authorize the Secretary of Health and Human Services to take occupational mix into account in developing Medicare Geographic Classification Review Board (MGCRB) guidelines for determining the area wage index; (2) provide that if labor markets are no longer based on Metropolitan Statistical Areas, the method of calculating the wage index for reclassification would not apply and the MGCRB guidelines may be revised; and (3) require the Secretary to set the labor and non-labor portion of each standardized amount equal to the national average beginning in FY 1995. (Sec. 102) Revises the essential access community hospital (EACH) program, with changes: (1) increasing the number of participating States; (2) providing for treatment of inpatient hospital services provided in rural primary care hospitals; (3) extending the authorization of appropriations for grants to States and hospitals; and (4) addressing adjoining State hospital designation, rural primary care hospital skilled nursing services, payment for inpatient and outpatient hospital services, and physician staffing. (Sec. 103) Amends the Omnibus Budget Reconciliation Act of 1987 (OMBRA '87) to: (1) authorize appropriations for the rural health transition grant program; and (2) make rural primary care hospitals eligible for program grants. (Sec. 104) Revises requirements with regard to hospital psychology services, Medicare-dependent, small rural and sole community hospitals, notification of hospice services availability, qualifications for service on the Prospective Payment Assessment Commission, budget neutral adjustments for changes in payment amounts for transfer cases, and DRG payment window expansion. (Sec. 106) Requires the Secretary to begin collecting the data necessary to compute a wage index based on wages specific to skilled nursing facilities. Subtitle B: Provisions Relating to Part B - Part I: Physicians' Services - Requires the Secretary to develop and report to the Congress on a methodology for implementing a resource-based system for determining practice expense relative value units for each physicians' service. Repeals the existing payment methodology when the new payment methodology takes effect for services provided in years beginning with 1997. (Sec. 122) Requires the Secretary to: (1) review and revise the geographic practice cost indices; (2) use the most recent available data on practice and malpractice expenses and physician work effort in establishing such indices; and (3) study and report to the Congress on index construction, data used for indices revision, and other related specified matters. (Sec. 123) Revises rules for billing Medicare part B (Supplementary Medical Insurance) beneficiaries for physician services in excess of the applicable limiting charge involved (extra-billing limits). Imposes new obligations on carriers before making payment. Provides for refunds of excess amounts billed. (Sec. 124) Requires the Secretary to: (1) fully develop and refine the relative values for the full range of pediatric physicians' services; and (2) study and report to the Congress on such values to determine whether there are significant variations in the resources used for similar services to different populations. (Sec. 125) Prohibits the Secretary or a carrier from imposing fees for filing claims for physicians' services, claims errors or denials, administrative appeals, obtaining unique identifiers, or responding to inquiries concerning physicians' services. Permits the Secretary to recognize substitute billing arrangements between two physicians under specified conditions. Part II: Durable Medical Equipment - Requires suppliers of medical equipment and supplies to have a certified supplier number, except with regard to medical equipment and supplies furnished as incident to a physician's service, in order to be reimbursed under Medicare. Prohibits a supplier from having a number without meeting prescribed standards. Prohibits the issuance of more than one supplier number, except in certain circumstances. (Sec. 131) Requires the Secretary to develop one or more standardized certificates of medical necessity for medical equipment and supplies. Allows suppliers to distribute to physicians or beneficiaries a certificate of medical necessity containing certain limited information. Requires that any supplier distributing a certificate with such information must also list the fee schedule amount and charge involved before distributing it to the physician for completion. Requires the Secretary to: (1) develop and establish uniform national coverage and utilization review criteria for select items of medical equipment and supplies; (2) review annually and determine whether to subject to such criteria any items not already subject; (3) study and report to the Congress on the effects of the methodology for determining payments for items of durable medical equipment (DME) on the ability of persons entitled to disability benefits to obtain such items; and (4) report to the Congress on prosthetic devices or orthotics and prosthetics that do not require individualized or custom fitting and adjustment. (Sec. 132) Places restrictions on certain telephone marketing and sales activities by DME suppliers. (Sec. 133) Specifies the circumstances under which Medicare beneficiaries are not financially liable for covered items furnished by a supplier. (Sec. 134) Requires the Secretary to: (1) determine whether the payment amounts for decubitus care equipment, transcutaneous electrical nerve stimulators, and any other items considered appropriate are inherently reasonable; and (2) adjust payments for such items if the amounts are not inherently reasonable. (Sec. 135) Requires the Administrator of the Health Care Financing Administration (HCFA) to collect and report to the Congress on data on DME supplier costs and analyze them to determine costs attributable to service and product components and the extent to which they vary by type of equipment and geographic region. Part III: Other Items and Services - Addresses payment adjustments for ambulatory surgical center services and new technology intraocular lenses. (Sec. 142) Requires the Secretary to study and report to the Congress on: (1) patient care costs for Medicare beneficiaries enrolled in clinical trials of new cancer therapies; and (2) continuation of the annual limitation on the payment amount for outpatient services of independently practicing physical and occupational therapists. (Sec. 144) Authorizes the Secretary to enter into agreements with the States for allowing them to pay the penalties applicable to individuals for late enrollment premium payments under Medicare part B. (Sec. 145) Requires mammography facilities providing covered screening or diagnostic mammograms to Medicare beneficiaries to hold a certificate (or provisional certificate) issued under the Public Health Service Act. (Sec. 146) Changes the terms "speech therapy" and "speech pathology services" to "speech-language pathology services." (Sec. 147) Makes miscellaneous and technical amendments, among other things, to: (1) apply outpatient payment limits to diagnostic services; (2) exclude the services of nurse practitioners and clinical nurse specialists from the definition of inpatient hospital services; and (3) allow individuals who have employer group health coverage to enroll in part B at any time they are enrolled in the group health plan, rather than after they leave the plan. Subtitle C: Provisions Relating to Parts A and B - Makes various specified changes with regard to Medicare as secondary payer. (Sec. 152) Modifies reporting requirements under physician ownership and self-referral prohibitions to require physicians to report investment and compensation arrangements (in addition to ownership) with respect to designated health services provided. Includes magnetic resonance imaging, computerized axial tomography scans, and ultrasound services among those subject to such prohibitions. (Sec. 153) Allows the Secretary to recognize any successor exam to the Foreign Medical Graduate Examination in the Medical Sciences for payment of direct graduate medical education. (Sec. 154) Requires the Secretary to establish and implement a method for obtaining information from newly eligible Medicare beneficiaries that may be used to determine eligibility for Medicaid payment of their out-of-pocket Medicare expenses. (Sec. 155) Amends SSA title XI to require hospitals and rural primary care hospitals to enter into an agreement with the organ procurement agency designated by the Secretary for the service area in which the facility is located, unless it has obtained a waiver, in order to participate in Medicare or Medicaid. Requires an Office of Technology Assessment study and report to the Congress with respect to such hospital agreements and organ procurement and distribution. (Sec. 156) Amends SSA title XI to: (1) repeal the requirement that peer review organizations (PROs) precertify selected surgical procedures; and (2) revise provisions on the notification of State licensing boards by PROs. (Sec. 157) Requires the Secretary to: (1) treat as a separate class Medicare beneficiaries with respect to whom there is a primary group health plan in defining classes to be used in determining the annual per capita rate of payment to an eligible health maintenance organization with a risk-sharing contract; and (2) submit a proposal to the Congress providing for revisions to the payment method. Requires the Comptroller General to report to the Congress on the proposed revisions. (Sec. 158) Requires use of the most recent hospital wage data in constructing the home health wage index for cost reporting periods beginning July 1, 1996. Extends the limits on liability under the Consolidated Omnibus Budget Reconciliation Act of 1985 for claims disallowed by a lack of medical necessity. (Sec. 159) Makes permanent the authority provided under the Deficit Reduction Act of 1984 for the Secretary to enter into agreements with fiscal intermediaries and carriers on other than a cost basis. (Sec. 160) Provides that user fees imposed under the Clinical Laboratories Improvement Act of 1967 are not subject to Medicare's general ban on user fees. Modifies the phase-in schedule under the Omnibus Budget Reconciliation Act of 1993 (OMBRA '93) for Medicare beneficiaries who receive immunosuppressive drugs following an organ transplant. Subtitle D: Provisions Relating to Medicare Supplemental Insurance Policies - Makes various technical corrections to provisions relating to Medicare supplemental policies. (Sec. 172) Provides for a six month extension of THE period for issuance of such policies. Title II: Maternal and Child Health Services Block Grant Program - Subtitle A: Child Welfare, Foster Care, Adoption - Amends SSA title IV part B (Child-Welfare Services): (1) to increase the authorization of appropriations for the maternal and child health services block grant program; and (2) to repeal provisions requiring foster care protection for additional Federal payments and require instead that the State part B plan provide for such protections. Requires: (1) State review of its policies and administrative and judicial procedures in effect for children abandoned at or shortly after birth; and (2) implementation of those policies and procedures determined necessary to enable permanent decisions to be made expeditiously regarding the placement of such children. (Sec. 202) Prohibits reallotment among other States of any funds withheld or recovered from a State due to its failure to provide the above protections. (Sec. 203) Amends SSA title XI part A to require the Secretary to promulgate regulations to determine whether programs under SSA title IV parts B and E are in substantial conformity with State plan requirements, implementing regulations, and the relevant approved State plans. (Sec. 204) Requires a State part B plan to describe specific measures taken by the State to comply with the Indian Child Welfare Act. (Sec. 205) Specifies the assurances that grant applications for child welfare traineeships must provide in order to win approval. (Sec. 206) Amends SSA title IV part E (Foster Care and Adoption Assistance) to: (1) require each foster child's case plan to be designed not only to achieve placement in the least restrictive (most family-like) setting available, but in the most appropriate setting available as well; (2) require subsequent dispositional hearings to take place not less frequently than every 12 months after the first one, rather than periodically; (3) eliminate foster care ceiling and fund transfer provisions; (4) provide for accountability in cases of children placed in foster care a substantial distance from the home of their parents, or outside the State; and (5) codify the regulations for the treatment of State claims for foster care and adoption assistance. (Sec. 208) Amends SSA title XI part A to: (1) authorize the Secretary to permit up to ten States to conduct demonstration projects which the Secretary finds likely to promote the objectives of SSA title IV parts B or E; and (2) overturn certain limitations in Suter v. Artist M. on private enforceability of State plan requirements. Subtitle B: Child Support Enforcement - Amends SSA title IV part D (Child Support and Establishment of Paternity) to require State child support enforcement agencies to report periodically the names of obligors who are at least two months delinquent in support payments as well as the amount of the delinquency to consumer reporting agencies choosing to receive such information. Repeals provisions on payment of fees by consumer reporting agencies. (Sec. 214) Requires the Secretary to enter into an agreement with the Attorney General under which the services of the Parent Locator Service shall be made available to the Office of Juvenile Justice and Delinquency Prevention, upon request, for the purpose of locating any parent or child. Subtitle C: Supplemental Security Income - Amends SSA title XVI (Supplemental Security Income) (SSI) to extend the SSI childhood definition of disability to any person under 18. Subtitle D: Aid to Families with Dependent Children - Amends SSA title XI to allow any adult member of a family or household to sign a declaration, under penalty of perjury, on behalf of other adults in the household for purposes of receiving welfare payments. Provides that in the case of a newborn child, an adult member of the family or household may sign a declaration on behalf of the child no later than the next redetermination of the eligibility of the family or household. (Sec. 232) Welfare Indicators Act of 1994 - Declares certain policies of the United States, among them: (1) reducing the rate at and the degree to which families depend on welfare and its duration; (2) strengthening families; (3) improving the education and job skills of welfare recipients and individuals at risk of welfare receipt; and (4) providing the public with generally accepted measures of welfare receipt so that it can track it over time and determine whether progress is being made in reducing family dependency on welfare. Requires the Secretary to develop indicators and predictors of welfare receipt for a report to the Congress. Creates an Advisory Board on Welfare Indicators to provide advice and recommendations to the Secretary on the development of indicators, and on the development and presentation of annual reports on welfare receipt by the Secretary. (Sec. 233) Requires the Secretary to provide for a demonstration project for a qualified program in Milwaukee, Wisconsin, operated by The New Hope Project, Inc., a private not-for-profit corporation offering low-income Milwaukee residents employment, wage supplements, health and child care, and counseling and training for job retention or advancement. (Sec. 234) Amends the Family Support Act of 1988 to delay the requirement for implementation of the Unemployed Parent program in Puerto Rico, Guam, the Virgin Islands, and American Samoa until repeal of the limitations on Federal matching payments to these jurisdictions for making Aid to Families with Dependent Children (AFDC) and other maintenance payments. (Sec. 235) Gives States the option to decide, with respect to categories of families, whether or not to use monthly reporting, retrospective budgeting, or a combination of the two. Subtitle E: Jobs Program - Amends SSA title IV part F (Job Opportunities and Basic Skills Training Program) (JOBS) to count all Indians who live on a reservation, regardless of whether they are members of the tribe, in determining the tribe's allocation of JOBS funds. (Sec. 242) Delays the submission date for the Secretary's recommendations to the Congress with regard to JOBS performance standards. Requires the Secretary to develop criteria for the performance standards, rather than the standards themselves. Subtitle F: Other Provisions - Amends the Family Support Act of 1988 to reauthorize and extend certain demonstration projects to create employment opportunities for low-income individuals. (Sec. 262) Authorizes appropriations for early childhood development projects. (Sec. 263) Reallocates to the States certain funds received by an empowerment zone or enterprise community but not used, for use under SSA title XX (Block Grants to States for Social Services).

To provide a mechanism for dedicating spending cuts in discretionary spending programs to deficit reduction.

United States · United States Congress · 7 October 1994

Requires the Director of the Office of Management and Budget to reduce discretionary spending limits for new budget authority for a fiscal year by the net aggregate amount for that fiscal year in all deficit reduction line items set forth in an appropriation bill or rescission bill. Amends the Congressional Budget Act of 1974 to establish congressional procedures for the inclusion of deficit reduction line items in such bills.

A bill to amend section 257(e) of the Balanced Budget and Emergency Defecit Control Act of 1985 to modify the treatment of losses from asset sales.

United States · United States Congress · 6 October 1994

Amends the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act) to allow the proceeds from the sale of an asset to be applied to offset the loss of any revenue or receipts resulting from such sale.

Job Training Consolidation and Reform Act

United States · United States Congress · 6 October 1994

TABLE OF CONTENTS: Title I: Federal Responsibilities Title II: State Responsibilities Title III: Local Responsibilities Title IV: Consolidation Title V: Integrated Labor Market Information System Job Training Consolidation and Reform Act - Consolidates and revises Federal job training programs to create a workforce development system. (Sec. 3) Authorizes appropriations. Title I: Federal Responsibilities - Establishes the National Workforce Development Board (the Board). (Sec. 101) Amends the Job Training Partnership Act (JTPA) to repeal the establishment of the National Commission for Employment Policy. Replaces references to such Commission with references to the Board. Requires the Board to issue a biennial National Workforce Strategic Plan (Federal Blueprint). Directs the Board also to: (1) provide congressional testimony; (2) make recommendations on measures (including tax code changes) to encourage employers and workers to invest in training and skills upgrading and employers to hire and train hard-to-serve individuals; (3) review implementation and incentive grant proposals; (4) coordinate with the National Skill Standards Board; and (5) make final recommendations in the form of a joint resolution to the President and the Congress. (Sec. 102) Requires the Board to prepare an annual report to be known as the Nation's Workforce Development Report Card (National Report Card) which shall assess the U.S. workforce development system performance and evaluate all workforce development programs that receive Federal funding. (Sec. 103) Authorizes the Secretary of Labor to make grants to applicant States to: (1) develop strategic plans for development of comprehensive statewide integrated workforce development systems; and (2) if they are leading edge States, implement such systems. Directs the Secretary to use specified information clearinghouses and other entities to: (1) collect and disseminate information to help States and localities to streamline and reform their job training systems; and (2) facilitate exchange of information and ideas among States and localities carrying out job training reform initiatives. Requires the Board to determine whether any proposed Federal job training legislation complies with data reporting, common definitions, and common funding cycles provisions under this Act. Makes it out of order for the Senate or House of Representatives to consider any bill or resolution concerning workforce development that would not comply with the national workforce development system, as determined by the Board. Requires a three-fifths affirmative vote to waive or suspend such requirement in the Senate or House. (Sec. 104) Directs the President to establish an expedited process to consider and act on requests by States for waivers of laws and regulations for specified programs for: (1) two years to facilitate provision of assistance for workforce development, for States not receiving implementation grants; or (2) the duration of the implementation grant, for States receiving such grants. (Sec. 105) Establishes a quality assurance system. Directs the Secretaries of Labor, of Education, and of Health and Human Services to jointly develop common terms and definitions and a placement accountability system and adjust existing program performance standards. Directs the Board to recommend a system of performance standards in its joint resolution to the Congress that includes standard outcome measures relating to employment, job retention, earnings, and nonemployment outcome measures (such as learning and competency gains). Requires each workforce development program that receives Federal funds to collect, and report to the Governor and State Council, specified information relating to each participant's: (1) quarterly employment status and earnings for one year after no longer receiving program assistance; (2) economic and demographic characteristics; (3) services received and spending for them; (4) program outcomes; and (5) other data that may be added as the Board develops other standard definitions. Requires that program monitoring under these provisions supplant existing monitoring and reporting requirements for program participants. Directs each Federal department and agency with responsibility for a workforce development program to report to the Board on its progress in adopting common terms and definitions for program participants, service activities, and outcomes by program operators and grant recipients. Requires each workforce development program receiving Federal funds to use the common terms and definitions. Directs the Board to make recommendations to: (1) the Secretaries and heads of other agencies operating workforce development programs, on common definitions for other terms; and (2) the Congress, on legislative action if any of the proposed common definitions require amendment to existing laws. Establishes a placement accountability system for all federally funded workforce development programs. Requires each such program to: (1) monitor its own performance by measuring quarterly employment status and earnings of each participant for one year after he or she no longer receives program assistance; and (2) provide required information on participants, to be matched by information from the State agency for labor market information which shall be reimbursed by the requesting program with Federal funds. Directs the State agency to submit the results of the matching to the State Council. Requires the Governor to ensure submission of matched data to the State Council, the Board, the Secretary (of Labor), and other Federal entities. Requires that such program quality assurance information be made available to the State Council, local workforce development boards in the State, and consumers of labor market information. Requires all federally funded workforce development programs to be funded on a consistent funding cycle basis. Directs the Board to make recommendations to the Congress on the appropriate funding cycle. Title II: State Responsibilities - Requires each State desiring to participate in development of an integrated and accountable workforce development system to: (1) establish a State Workforce Development Council (State Council); or (2) have an existing entity similar to a State Council that includes representatives of employers and workers. Directs each State Council to: (1) serve as principal advisory board to the Governor for all programs in the State's integrated workforce development system; and (2) assume the functions and responsibilities of councils and commissions required under Federal law that are part of such system. (Sec. 204) Directs the State Council to assist the Governor in: (1) preparing a biennial State Workforce Development Policy Blueprint and an annual State Workforce Development Report Card; and (2) certifying each local workforce development board, as well as recommending criteria to judge such local boards' effectiveness. (Sec. 205) Requires the State Council to develop a quality assurance system to complement and expand upon the one established under title I, in order to provide customers of job training services with consumer reprts on the supply, demand, price, and quality of job training services in each unified service delivery area in the State. Directs each State to select tools and measures appropriate to its needs, including: (1) collecting and organizing service provider performance data; and (2) conducting surveys to ascertain customer satisfaction. Directs the State Council, with the local workforce development boards, to establish mechanisms for collecting and disseminating the quality assurance information to individuals seeking employment, employers, Federal, State, and local policymakers, and training and education providers. Requires each public and private education, training, and career development service provider receiving Federal funds under a program in a State integrated system to collect and provide the quality assurance information. (Sec. 206) Sets forth State Council authorities, including funding and operating special projects for research or improvement of system performance. (Sec. 207) Directs State Councils to make recommendations to Governors for establishment of unified service delivery areas (SDAs). Requires States receiving implementation grants to establish unified SDAs to provide community-wide workforce development assistance in one-stop career centers. Requires consideration of existing labor market areas, local governments, and SDAs under JTPA, as well as distance traveled by individuals to receive services. Allows merger of existing SDAs. Prohibits approval of a total number of such unified SDAs greater than that of the existing SDAs in the State. (Sec. 208) Requires each State to use a portion of its development grant to design a unified financial and management information system. Directs each State receiving an implementation grant to require all programs in the integrated system to use such unified financial and management information system. Sets forth requirements for such systems. (Sec. 209) Requires each State, from its development or implementation grant, to develop a strategy to enhance capacity of institutions, organizations, and staff involved in State and local workforce development activities by providing certain types of services. (Sec. 210) Provides that the Governor of each State implementing an integrated workforce development system: (1) may adjust existing performance standards for programs in such system, using criteria including specified factors; and (2) shall, within parameters established by the Board, prescribe adjustments to such performance criteria for unified SDAs based on specified factors. Requires such developed performance criteria to be used in lieu of similar criteria for programs receiving Federal funding included in the State's integrated system, to the extent determined by the State Council subject to Board approval. Title III: Local Responsibilities - Requires the local elected officials of each unified SDA, in each State receiving an implementation grant (except any with a single unified SDA with contiguous borders), to establish a workforce development board (local board) to administer the workforce development provided by all programs in the integrated workforce development system in such area. (Sec. 302) Requires each local board to report to the State Council a biennial workforce development board policy blueprint. (Sec. 303) Requires each local board to submit to the State Council an annual unified SDA report card. (Sec. 304) Requires each local board receiving funds under an implementation grant to develop and implement a network of one-stop career centers in its unified SDA to provide jobseekers, workers, and businesses universal access to a comprehensive array of quality employment, education, and training services. Requires selection of a method for such establishment consistent with specified criteria. Makes eligible for selection as a one-stop career center each entity within the unified SDA that performs specified brokerage services for individuals and employers. Prohibits any entity that performs one-stop career center functions from making an education and training referral to itself, but allows waivers of this prohibition under certain conditions. Allows each one-stop career center to charge fees for certain brokerage services to employers, subject to local board approval. Requires each such center to: (1) adopt core data elements and common definitions; and (2) enter into an operating agreement with the local board. (Sec. 305) Directs each local board to submit annual progress reports to the State Council. (Sec. 306) Requires each local board to identify capacity building actions to be taken for the workforce development system in its unified SDA. Directs the State Council to make funds available to each local board for capacity building building activities from implementation grant funds and other funds within the State's integrated workforce development budget. Lists types of capacity building activities. (Sec. 307) Establishes a program of incentive grants for incumbent worker training, consisting of competitive matching grants to local boards to respond to the training needs of front-line workers in their communities. Sets forth provisions for applications, selection of grantees by the Secretary according to certain criteria, authorized uses of funds, and Federal and local matching shares of funding. Title IV: Consolidation - Provides for consolidation of the system of federally funded employment training services available to jobseekers, workers, and businesses. (Sec. 401) Expresses the sense of the Congress that: (1) any budget savings realized through elimination or consolidation or sunsetting of such programs should be reinvested in the national job training (or workforce development) system; and (2) elimination or merging of programs should be done without reducing the Federal commitment or level of effort to improve education, employment, and earnings of all workers, particularly hard-to-serve individuals, including those with limited-English proficiency and others with special needs. (Sec. 402) Directs the Board to study and report to the President and the Congress on how best to integrate specified programs for in-school-and out-of-school youth under various Federal laws with those under the School-to-Work Opportunities Act of 1994. (Sec. 403) Directs the board to advise on consolidation of workforce development progrms through: (1) recommendations to the President and the Congress for the elimination of Federal workforce development programs, or programs whose functions should be subsumed under other Federal programs; (2) a report and recommendations for proposed reforms to specified congressional committees based on its analysis of the experience of leading edge States and the progress toward establishing an integrated workforce development system; and (3) a draft of a joint resolution to the Congress with provisions to develop a streamlined, integrated, federally supported workforce development system, from listed programs and any other appropriate Federal program (including recommendations for standard program measures and a description of how the new system will maintain services to hard-to-serve populations). (Sec. 404) Requires any State receiving an implementation grant to include specified programs under various Federal laws (mandatory integrated programs) in its reformed delivery system. Allows any such State to include specified additional programs (optional integrated programs) under various Federal laws in its reformed delivery system. (Sec. 405) Repeals the provisons of various Federal laws for the listed mandatory integrated programs. Title V: Integrated Labor Market Information System - Directs the Secretary to oversee and ensure development, maintenance, and continued improvement of: (1) a nationwide integrated system of labor market information that will serve specified functions, include certain information, use common standards, and make certain data and information available to the Board and to consumers in automated delivery systems; and (2) certain mechanisms and programs for dissemination, technical assistance, and research. (Sec. 502) Directs the Board to plan, review, and evaluate the national integrated labor market information system. (Sec. 503) Requires the Secretary to: (1) manage the investment in an integrated labor market information on system in a specified manner; and (2) submit an annual plan for improving such system to the Board for review and recommendations, and to the President and the Congress. (Sec. 504) Directs each Governor and State Council to designate one State agency to be responsible for: (1) managing and overseeing a statewide integrated labor market information system; and (2) developing an annual State unified labor market information budget. Conditions Federal financial assistance under this title on the Governor or State Council carrying out other specified functions with respect to labor market information. Provides that the State agency is not limited by this Act from conducting additional data collection, analysis, and dissemination activities with funds derived from sources other than this Act.

Bipartisan Health Care Reform Act of 1994

United States · United States Congress · 6 October 1994

TABLE OF CONTENTS: Title I: Assuring Availability and Continuity of Health Coverage Subtitle A: Insurance Reforms Subtitle B: Benefits Subtitle C: Employer Responsibilities Subtitle D: Standards and Certification; Enforcement; Preemption Subtitle E: Multiple Employer Health Benefits Protection and Related Provisions Subtitle F: Definitions; General Provisions Title II: Removal of Financial Barriers to Access Subtitle A: Tax Deductibility for Individuals and Self- Employed Subtitle B: Premiums and Cost-Sharing Subsidy Program for Low-Income Individuals Title III: Medicaid Reforms Subtitle A: Treatment of Acute Care Benefits for AFDC and Non-cash Beneficiaries Subtitle B: Flexibility in Expenditures for Supplemental Benefits for AFDC and Non-cash Beneficiaries Subtitle C: Increased State Flexibility in Contracting for Coordinated Care Subtitle D: Additional Medicaid Reforms Title IV: Access Improvements Subtitle A: Expanding Access in Underserved Areas Subtitle B: Improved Access in Rural Areas Subtitle C: Academic Health Centers Subtitle D: United States-Mexico Border Health Commission Title V: Health Care Quality Enhancement Subtitle A: Quality Assurance Subtitle B: Primary Care Provider Education Title VI: Market Incentives to Containing Costs Subtitle A: Facilitating Establishment of Health Plan Purchasing Organization (HPPOs) Subtitle B: Preemption of State Benefit Mandates and Anti-Managed Care Laws Subtitle C: Malpractice Reform Subtitle D: Administrative Simplification Subtitle E: Fair Health Information Practices Subtitle F: Antitrust Subtitle G: Fraud and Abuse Subtitle H: Billing for Laboratory Services Title VII: Medicare Subtitle A: Increased Beneficiary Choice; Improved Program Efficiency Subtitle B: Savings Title VIII: Incentives to Purchase Long-Term Care Insurance Subtitle A: Establishment of Federal Standards for Long-term Care Insurance Subtitle B: Tax Treatment of Long-term Care Insurance Title IX: Department of Veterans Affairs Title X: Miscellaneous Savings Provisions Subtitle A: Automobile Insurance Coordination Subtitle B: Prefunding Government Health Benefits Contributions Bipartisan Health Care Reform Act of 1994 - Title I: Assuring Availability and Continuity of Health Coverage - Subtitle A: Insurance Reform - Part 1: Guaranteed Access to Health Coverage - Requires carriers that offer health insurance coverage in the individual-small group market in a fair rating area to make available qualified standard coverage and high-deductible coverage to qualifying individuals or small employers. (Sec. 1001) Exempts federally qualified health maintenance organizations (HMOs) and HMOs or managed care organizations recognized by State laws from the requirement to provide high-deductible coverage. Prohibits the offer of high-deductible coverage unless the carrier also makes standard coverage available with identical benefits and the individual or employee demonstrates that they have available assets equal to at least the deductible amount under the high-deductible coverage. Requires carriers to provide for coverage of benefits for items and services furnished throughout the fair rating area. Prohibits carriers from limiting coverage to portions of interstate metropolitan statistical areas (MSAs), requiring them to provide coverage throughout the entire MSA. Requires coverage offers to include a family coverage option. Prohibits carriers from requiring employers under group health plans to impose waiting periods for health coverage or require conditions on health coverage based on an individual's: (1) health status; (2) claims experience; (3) receipt of health care; (4) medical history; (5) receipt of public subsidies; or (6) lack of evidence of insurability. (Sec. 1002) Requires carriers to accept every small employer and qualifying individual that applies for enrollment during the required enrollment period. Provides that in the case of coverage offered by carriers or under group health plans that provide benefits through a managed care arrangement, the carriers or plans: (1) need not establish health care facilities throughout the fair rating area if the facilities are located in a manner that does not discriminate on the basis of health status of individuals residing in proximity to such facilities; and (2) may deny coverage under certain conditions. Permits carriers to deny coverage if they do not have the necessary financial reserves. (Sec. 1003) Prohibits carriers from denying, cancelling, or refusing to renew health coverage except on the basis of nonpayment of premiums or fraud or because they are not providing a particular coverage option in the market. Sets limitations on market exit and re-entry by carriers. Establishes similar conditions for cancellation or denial by multiemployer plans and multiple employer health plans. (Sec. 1004) Prohibits carriers or group health plans from excluding coverage with respect to services provided for preexisting conditions, except as provided by this Act. Provides for exclusion periods of up to six months subject to certain conditions. Makes exclusions inapplicable to pregnancy, newborns, adopted children, and certain individuals enrolled or enrolling during an open enrollment period. (Sec. 1005) Sets forth provisions regarding enrollment periods. Part 2: Provision of Benefits - Establishes: (1) standards for managed care arrangements and requirements and utilization review programs; and (2) requirements for arrangements with essential community providers. (Sec. 1014) Provides for the establishment of medical savings accounts. Makes the account beneficiary the owner of the account and includes distributions not used for qualified medical expenses in the beneficiary's gross income. Sets forth uses and limitations for such accounts. Excludes: (1) employer contributions to any medical savings account of an eligible employee from gross income (to the extent such contributions do not exceed the excess of premiums for standard coverage over the premiums for high-deductible coverage); and (2) health benefit payments made by employers from employment taxes. Part 3: Fair Rating Practices - Provides that the premium rate established by carriers for health insurance coverage in the individual-small group market may not vary except by the following: (1) age; (2) geographic area; (3) family class; (4) benefit design of coverage and by type of coverage option; and (5) permitted expense category. (Sec. 1022) Directs carriers and group health plans to accept and apply premium certificates issued under State premium assistance programs under title XXI of the Social Security Act (as established by this Act). (Sec. 1023) Requires the Secretary of Health and Human Services to request the National Association of Insurance Commissioners (NAIC) to develop a model risk adjustment system under which premiums applicable to coverage in the individual-small group market and coverage under small employer pooling arrangements and multiple employer welfare arrangements that are fully insured would be adjusted to take into account factors to predict the future need and efficient use of services by covered individuals in the market. Incorporates such model into a rule that specifies risk adjustment mechanisms. Requires each State to develop systems that conform with the Federal model. Part 4: Consumer Protections - Requires carriers and group health plans to provide information relating to their performance in providing coverage to specified individuals, including prospective enrollees. (Sec. 1032) Prohibits carriers from varying the commission or other remuneration to a person based on the claims experience or health status of individuals enrolled by or through such person. Subtitle B: Benefits - Sets forth provisions regarding standard coverage, preventive benefits to be covered without any deductible or cost-sharing, and high-deductible coverage. (Sec. 1105) Sets forth conditions under which supplemental benefits may be provided. (Sec. 1106) Requires carriers and group health plans to provide for an option under which children under 26 (without regard to whether they are students or disabled) will be treated as family members. Authorizes additional premiums for such option. (Sec. 1107) Includes coverage provided by Christian Science practitioners or in a Christian Science sanitorium within benefits under standard coverage. Subtitle C: Employer Responsibilities - Requires employers to make available to qualifying employees coverage under a group health plan that meets specified requirements, including: (1) an annual offering of coverage; (2) a choice of coverage and family coverage options; (3) an annual enrollment period; and (4) payroll withholding of premiums. (Sec. 1201) Provides that an employer is not required, subject to provisions regarding an equal contribution rule, to make any contribution to the cost of health coverage. Makes requirements regarding choice of coverage inapplicable if a group health plan is in effect as of July 1, 1994, and the employer makes contributions on behalf of employees under a collective bargaining agreement or similar contract. Excludes from this subtitle's requirements certain new and small employers. (Sec. 1202) Imposes an excise tax for failures of employers to comply with this subtitle. Subtitle D: Standards and Certification; Enforcement; Preemption; General Provisions - Directs the Secretary to request the NAIC to develop model regulations that specify standards with respect to this subtitle for carriers and health insurance coverage. (Sec. 1304) Imposes a tax on carriers that fail to comply with Parts 1 through 4 of Subtitle A and Subtitle B of this title unless a State has in effect a regulatory mechanism that provides sanctions. (Sec. 1305) Prohibits a single employer plan from offering health coverage other than through a carrier unless the plan has at least 100 eligible employees. Subtitle E: Multiple Employer Health Benefits Protections and Related Provisions - Part 1: Multiple Employer Health Benefits Protections - Amends the Employee Retirement Income Security Act of 1974 (ERISA) to establish certification standards under title I (Protection of Employee Benefit Rights) for multiple employer welfare arrangements (MEWAs) providing health benefits. (Sec. 1401) Treats as employee welfare benefits plans, and exempts from certain restrictions on preemption, a MEWA which provides benefits consisting solely of specified medical care, which is not fully insured, and which applies for and receives a specified certification. Requires certain disclosures to participating employers. Requires certified MEWAs which are not fully insured to maintain excess-stop loss coverage and specified types of reserves. Sets forth corrective actions which such MEWAs' operating committees must take: (1) to avoid depletion of reserves; or (2) in connection with termination of the MEWA. Provides for review of actions by the Secretary of Labor with respect to denials of applications for, or suspensions or revocations of, such certifications. Requires, in cases where coverage is provided under a multiple employer health plan and more than ten percent of the participating employers are small employers, that the arrangement is maintained in the form of a small employer pooling arrangement. Sets forth requirements for such arrangements. (Sec. 1402) Revises ERISA with respect to: (1) a specified exemption from preemption; (2) treatment of single employer arrangements; and (3) treatment of certain collectively bargained arrangements. (Sec. 1405) Sets forth ERISA requirements relating to employee leasing health care arrangements (ELHAs). Provides for treatment of ELHAs as MEWAs, with certain exceptions. Sets forth special rules under which an ELHA may receive a MEWA certification. (Sec. 1408) Allows delegation to a State of some or all of the Secretary's enforcement authority with respect to MEWAs with certifications. Directs the Secretary to provide enforcement and technical assistance to the States with respect to MEWAs. Part 2: Simplifying Filing of Reports for Employers Covered under Multiple Employer Welfare Arrangements Providing Fully Insured Coverage Consisting of Medical Care - Directs the Secretary to prescribe an alternative method for the filing of a single annual report for all participating employers under MEWAs under which all coverage consists of medical care and is fully insured. Subtitle F: Definitions; General Provisions - Part 1: Definitions - Sets forth specified definitions. (Sec. 1905) Makes this title effective for plan years beginning on or after 1997 with respect to group health plans and as of January 1, 1997, with respect to carriers (for coverage other than under a group health plan). Part 2: Report and Recommendations on Health Coverage and Access - Provides that it is an objective of this Act to assure by 2002 that: (1) all eligible individuals in the United States have access to health coverage; and (2) at least 95 percent of such individuals have such coverage. (Sec. 1912) Requires the Secretary of Health and Human Services to report to the Congress on the extent to which eligible individuals have, or have access to, health care coverage. Title II: Removal Of Financial Barriers To Access - Subtitle A: Tax Deductibility for Individuals and Self-Employed - Amends the Internal Revenue Code to: (1) increase on a graduated basis the tax deduction for health insurance costs of self-employed individuals; (2) make the deduction permanent; (3) allow a tax deduction, regardless of whether the taxpayer itemizes other deductions, for health insurance costs of non-self-employed individuals not eligible to participate in any subsidized employer health plan; and (4) subject to taxation certain health benefits provided through cafeteria plans and flexible spending arrangements. Subtitle B: Premium and Cost-Sharing Subsidy Program for Low-Income Individuals - States that the amendments made by this subtitle and title III below provide for a transition from the current Medicaid system to a new system of acute care low-income assistance. (Sec. 2101) Amends the Social Security Act (SSA) to add a new title XXI providing for the establishment of new State programs under which, as a requirement for State participation in Medicaid, certain low-income eligible individuals who are not Medicare beneficiaries, SSI recipients, prison inmates, or unlawful aliens will be eligible for premium and cost-sharing assistance for use in obtaining qualifying coverage of the standard and preventive health benefits discussed above under title I of this Act. Sets forth specific requirements for such programs, allowing waivers in the case of any demonstration project which in the judgment of the Secretary of Health and Human Services is likely to assist in promoting the objectives of new SSA title XXI. Creates in the Treasury the Health Care Assurance Trust Fund to contain the savings resulting from this Act and other specified amounts for use in paying States operating subsidy and supplemental acute care benefits programs. Establishes a mechanism for financing such programs that is designed to be deficit neutral. Prohibits the use of funds appropriated to carry out new SSA title XXI to provide premium or cost-sharing assistance or supplemental acute care benefits under part B added below in connection with any abortion, except in cases where an abortion is necessary to save the life of the mother or where the pregnancy results from rape or incest. Title III: Medicaid Reforms - Subtitle A: Treatment of Acute Care Benefits for AFDC and Non-Cash Beneficiaries - Amends SSA title XIX (Medicaid) to: (1) establish Medicaid rules for benefits for acute medical services for AFDC recipients and non-cash Medicaid beneficiaries; (2) provide for the division of acute medical service benefits into core benefits and supplemental acute care benefits; (3) limit the amount of Federal financial participation for benefits for acute medical services for AFDC recipient and non-cash Medicaid beneficiaries; (4) condition Federal financial participation on State maintenance-of-effort; and (5) provide for the continuation of State Medicaid eligibility categories. Subtitle B: Flexibility in Expenditures for Supplemental Benefits for AFDC and Non-Cash Beneficiaries - Amends new SSA title XXI to require each State to establish a State supplemental acute care benefits program. Subtitle C: Increased State Flexibility in Contracting for Coordinated Care - Amends SSA title XIX to modify Federal requirements to allow States more flexibility in contracting for coordinated care services. Subtitle D: Additional Medicaid Reforms - Amends SSA title XIX to make various specified changes providing for: (1) a reduction in the amount of payment adjustments for disproportionate share hospitals; (2) elimination of the medically needy program for individuals not in an institution; and (3) elimination of the Medicaid pediatric immunization program, and establishment of alternative delivery programs. Title IV: Access Improvements - Subtitle A: Expanding Access in Underserved Areas - Amends SSA title XI to provide for community health authorities demonstration projects for providing access to cost-effective preventive and primary care and related services for various areas and populations, including low-income residents of medically underserved areas or for medically underserved populations. Amends the Public Health Service Act to authorize the Secretary to make grants to migrant and community health centers for the development of health service networks for serving high impact areas, medically underserved areas, or medically underserved populations within the area they serve. Subtitle B: Improved Access in Rural Areas - Part 1: Grants to Encourage Community Rural Health Networks - Directs the Secretary of Health and Human Services to make grants to an eligible State for the development of plans to increase access to health care services for residents of areas in the State designated as chronically underserved areas. Provides for technical assistance for entities establishing or enhancing a community rural health network in an underserved rural area. Provides financial assistance to entities to provide for the development and implementation of community rural health networks. Authorizes appropriations. Part 2: Incentives for Health Professionals to Practice in Rural Areas - Subpart A: National Health Service Corps Program - Amends the Internal Revenue Code to exclude National Health Service Corps Loan Repayments from gross income. (Sec. 4113) Increases the authorization of appropriations for the National Health Service Corps Scholarship and Loan Repayment Programs. Subpart B: Incentives Under Other Programs - Amends title XVIII (Medicare) of the Social Security Act to provide incentives under such Act to physicians in former shortage areas. Directs the Secretary to develop and publish a model law for adoption by States to increase the access of individuals residing in underserved rural areas to health care services by expanding the services which non-physician health care professionals may provide in such areas. Part 3: Assistance for Institutional Providers - Subpart A: Community and Migrant Health Centers - Extends and increases the authorizations of appropriations for migrant health centers and community health centers. Subpart B: Emergency Medical Systems - Revises title XII (Trauma Care) of the Public Health Service Act. Renames such title Emergency Medical and Trauma Care Services. Directs the Secretary to establish the Office of Emergency Medical and Trauma Care Services. Requires the Secretary to: (1) conduct and support research and demonstration projects; (2) foster development of appropriate modern systems of services; (3) assist States; and (4) coordinate and sponsor related activities. Requires that activities meet the unique needs of underserved inner-city and rural areas. (Sec. 4141) Authorizes grants to States to improve the availability and quality of emergency medical services through the operation of State offices of emergency medical services. Authorizes appropriations for emergency medical services. (Sec. 4142) Directs the Secretary to make grants to assist States in the creation or enhancement of air medical transport systems that provide victims of medical emergencies in rural areas with access to treatments for injuries resulting from such emergencies. Authorizes appropriations. Subpart C: Assistance to Rural Providers Under Medicare - Amends title XVIII (Medicare) of the Social Security Act to: (1) increase by two the number of States eligible to participate in the essential access community hospital program; and (2) make other revisions concerning such program, including permitting the participation of hospitals in urban areas and the participation of hospitals in States adjoining participating States. Extends, by three years, the deadline for the development of prospective payment systems for both inpatient and outpatient rural primary care hospital services. (Sec. 4152) Defines a rural emergency access care hospital and rural emergency access care hospital services for purposes of title XVIII. Provides for the coverage of such services under part B (Supplementary Medical Insurance) of title XVIII. Subpart D: Demonstration Projects to Encourage Primary Care and Rural-Based Graduate Medical Education - Directs the Secretary to establish and conduct a demonstration project to increase the number and percentage of medical students entering primary care practice. Authorizes appropriations. Part 4: Hospital Affiliated Primary Care Center - Requires the Secretary to make grants and provide technical assistance to community hospitals for the development and operation of primary care services in medically underserved areas. Provides for a plan to allow primary care centers to retain income earned from operation under certain conditions. Authorizes appropriations. Subtitle C: Academic Health Centers - Directs the Secretary to study and report to the Congress on: (1) the feasibility and desirability of making payments to facilities that are not hospitals for the costs of graduate medical education attributable to residents trained at such facilities; and (2) determining the funding needs of health professions schools. Subtitle D: United States-Mexico Border Health Commission - Authorizes the President to conclude an agreement with Mexico to establish a binational commission to be known as the United States-Mexico Border Health Commission. (Sec. 4302) Declares that it should be the duty of the Commission to: (1) conduct a needs assessment in the U.S.-Mexican border area to identify and resolve health problems that affect the general population of the area; and (2) formulate recommendations for a fair method by which the government of one country could reimburse a public or private entity in the other country for the cost of a health care service furnished to a citizen of the first country who is unable to pay for the service. States that the Commission should establish at least two regional border offices in selected locations. Title V: Health Care Quality Enhancement - Subtitle A: Quality Assurance - Directs the Secretary to establish a Health Quality Advisory Council to develop an initial set of quality measures to be used to assess the quality of carriers, group health plans, and multiple employer welfare arrangements. Provides for auditing of such entities to determine compliance with certain quality measure and reporting requirements. Subtitle B: Primary Care Provider Education - Amends the Public Health Service Act to extend through FY 1999 authorized funding for training for certain health service providers. Title VI: Market Incentives to Containing Costs - Subtitle A: Facilitating Establishment of Health Plan Purchasing Organization (HPPOs) - Part 1: Health Plan Purchasing Organizations - Authorizes the establishment of health plan purchasing organizations (HPPOs) in accordance with this part. (Sec. 6002) Requires HPPOs to enter into agreements with carriers that desire to make health coverage available through HPPOs. (Sec. 6004) Requires HPPOs to offer enrollment for coverage for carriers. Authorizes HPPOs to impose administrative fees for enrollment. (Sec. 6006) Requires States to: (1) review the access of residents who are not employees of large employers or Medicare beneficiaries to obtain standard health insurance coverage through an HPPO; and (2) take actions to ensure that public or private entities provide access to residents who are unable to obtain such coverage. Part 2: Encouragement of Multiple Employer Arrangements Providing Basic Health Benefits - Amends the Internal Revenue Code to eliminate the commonality of interest or geographic location requirement for tax exempt trust status for certified multiple employer health plans, fully-insured multiple employer welfare arrangements, and other specified plans described by ERISA. Part 3: Tax Exemption for High Risk Pools - Provides tax-exempt status to corporations or similar legal entities created by States or political subdivisions to establish risk pools to provide health insurance coverage to persons unable to obtain such insurance because of health conditions. Subtitle B: Preemption of State Benefit Mandates and Anti-Managed Care Laws - Preempts State laws that: (1) mandate health insurance benefits; (2) restrict managed care arrangements and utilization review programs; and (3) prohibit two or more employers from obtaining coverage that is fully-insured under multiple employer health plans. (Sec. 6105) Prohibits States from enforcing standards for health insurance coverage that differ from those established under title I of this Act. (Sec. 6106) Directs the Comptroller General to study and report to the Congress on the benefits and cost effectiveness of the use of managed care in the delivery of health care services. Subtitle C: Malpractice Reform - Part 1: Uniform Standards for Malpractice Claims - Makes this part applicable to any medical malpractice liability action brought in a Federal or State court and to any medical malpractice claim subject to an alternative dispute resolution (ADR) system that is initiated on or after January 1, 1996. (Sec. 6202) Prohibits a medical malpractice liability action from being brought in any State court during a calendar year unless the relevant claim has been initially resolved (i.e., a decision has been reached on whether the defendant is liable to the plaintiff for damages and on the amount of damages) under a certified ADR system or an alternative Federal system. Prohibits a medical malpractice liability action from being brought in Federal court based on diversity of citizenship during a calendar year unless the relevant claim has been initially resolved under such a system in the State whose law applies. Directs the Attorney General to establish an ADR process for tort claims consisting of medical malpractice liability claims brought against the United States. Prohibits a medical malpractice liability action based on such a claim from being brought in any Federal court unless the claim has been initially resolved under such process. Sets forth procedures for filing actions. (Sec. 6203) Authorizes States to develop specialty clinical practice guidelines to be certified by the Secretary. (Sec. 6204) Limits to $250,000 the amount of noneconomic damages that may be awarded to a claimant and family members in a medical malpractice liability action. (Sec. 6206) Sets forth provisions regarding: (1) limits on attorney fees and other costs; and (2) statutes of limitations. (Sec. 6208) Specifies that in the case of a medical malpractice claim relating to services provided during labor or the delivery of a baby, if the health care professional or provider did not previously treat the claimant for the pregnancy, the trier of fact may not find that the defendant committed malpractice nor assess damages unless the malpractice is proven by clear and convincing evidence. (Sec. 6210) Provides that this part preempts State law, except for State law that imposes greater restrictions than those provided in this part. Part 2: Requirements for State Alternative Dispute Resolution Systems (ADR) - Lists requirements for State ADR systems, including that such a system: (1) applies to all medical malpractice liability claims under the jurisdiction of the courts of that State; (2) requires that a written opinion resolving the dispute be issued within six months after each party against whom the claim is filed has received notice of the claim; (3) is approved by the State or local governments; (4) provides for the transmittal to the State agency responsible for monitoring or disciplining health care professionals and providers of any findings of malpractice; and (5) provides for the regular transmittal of information on disputes resolved under the system to the Administrator for Health Care Policy and Research in a manner that protects the identity of the parties involved. (Sec. 6222) Directs the Secretary to certify State ADR systems that meet such requirements on an annual basis. Requires the Secretary to establish an alternative Federal ADR system for the resolution of medical malpractice liability claims in States that do not have in effect a certified ADR system. (Sec. 6223) Directs the Secretary to submit to the Congress a report describing and evaluating State ADR systems and the alternative Federal system. Part 3: Definitions - Sets forth definitions for this subtitle. Subtitle D: Administrative Simplification - Part 1: Standards for Data Elements and Transactions - Directs the Secretary to adopt standards for: (1) the electronic transmission of health information data; and (2) information transactions. Part 2: Requirements with Respect to Certain Transactions and Information - Lists transactions to be considered as standard transactions with respect to plan sponsors and HPPOs. (Sec. 6322) Requires certified health information security organizations to make available to Federal or State agencies, pursuant to a cost-type contract, any non-identifiable health information that is held by the service, consists of data elements that are subject to a standard under part 1, and is requested by such an agency to fulfill a requirement under this Act. (Sec. 6323) Directs the Secretary to establish a procedure under which a plan sponsor or health provider that does not have the ability to transmit standard data elements and does not have access to a certified health information network may comply with this part. Part 3: Miscellaneous Provisions - Requires the Secretary to establish standards and a certification procedure for health information network services. (Sec. 6333) Provides that this subtitle supersedes State law. Prohibits the enforcement of any State law that requires medical or health plan records to be maintained or transmitted in written rather than electronic form, except as provided by the Secretary. (Sec. 6334) Authorizes the Secretary to make grants for demonstration projects to promote the development and use of electronically integrated community-based clinical information systems and computerized patient medical records. Part 4: Assistance to the Secretary - Establishes the Health Care Information Advisory Committee to: (1) provide assistance to the Secretary in complying with the requirements imposed on the Secretary under this subtitle and subtitle E; (2) be responsible for advising the Secretary and the Congress on the status of the health information network; and (3) make recommendations to correct any problems that may occur in the network's implementation and operations and to refine and improve the network. Subtitle E: Fair Health Information Practices - Part 1: Duties of Health Information Trustees - Sets forth rights of individuals with respect to inspection of protected health information maintained by a health information trustee (specified entities, including health care providers, health benefit plan sponsors, and public health authorities). Makes exceptions to inspection rights if: (1) the information relates to mental health treatment notes or persons other than the protected individual; (2) the inspection could be expected to threaten an individual's life or personal safety; (3) the information could lead to the identification of a confidential source; (4) the information is used solely for administrative purposes or is duplicative; or (5) the information is compiled principally in anticipation of a legal proceeding. (Sec. 6402) Sets forth conditions under which a trustee must correct or amend information at the request of a protected individual. (Sec. 6404) Provides for: (1) recordkeeping with respect to health information disclosures; and (2) safeguards to ensure confidentiality and protection of information. Part 2: Use and Disclosure of Protected Health Information - Permits a health information trustee to use protected health information only for a purpose that is compatible with and related to the purpose for which the information was collected or received or for which the trustee is authorized to disclose under this subtitle. (Sec. 6411) Limits the use or disclosure of protected health information by a health information trustee to the minimum amount of information necessary. (Sec. 6412) Authorizes a health information trustee to disclose protected health information pursuant to an authorization executed by the individual who is the subject of the information if specified requirements are met. (Sec. 6413) Authorizes the disclosure of protected health information, subject to specified restrictions: (1) in connection with treatment and payment; or (2) for use in an action against or investigation of an individual relating to receipt of or payment for health care. (Sec. 6414) Sets forth provisions regarding the disclosure of protected health information to next of kin and others. (Sec. 6415) Establishes requirements with respect to the reporting of protected health information: (1) to a public health authority; (2) for a health research project; (3) in emergency circumstances; (4) for judicial and administrative purposes; (5) to a law enforcement agency; (6) pursuant to subpoena or warrant; and (7) to a health information service organization. Part 3: Access Procedures and Challenge Rights - Sets forth access procedures and challenge rights with respect to attempts to obtain protected health information. Part 4: Miscellaneous Provisions - Provides that if a protected individual pays a health information trustee for health care by presenting a debit, credit, or other payment card or by other electronic means, the trustee may only disclose protected health information as is necessary for the processing of the payment transaction. (Sec. 6442) Sets forth conditions under which protected health information may be released to persons outside the United States. (Sec. 6443) Directs the Secretary to establish standards with respect to the creation, transmission, receipt, and maintenance, in electronic and magnetic form, of documents required or authorized under this subtitle. (Sec. 6444) Sets forth duties of affiliated persons to whom health information trustees are authorized to provide protected health information. (Sec. 6445) Sets forth the rights of persons acting as agents or attorneys of protected individuals or on behalf of minors. Part 5: Enforcement - Authorizes persons whose rights under this subtitle have been knowingly or negligently violated to maintain civil actions. Sets forth penalty provisions. (Sec. 6453) Directs the Secretary to develop alternative dispute resolution methods for use by individuals, health information trustees, and others in resolving claims made in civil actions. (Sec. 6454) Amends the Federal criminal code to provide penalties for offenses related to protected health information. Part 6: Amendments to Title 5, United States Code - Requires Federal agencies that are health information trustees to promulgate rules to exempt systems of records within such agencies, to the extent that such systems contain protected health information, from certain provisions regarding access and other requirements with respect to an individual's records. Part 7: Regulations, Research, and Education; Effective Dates; Applicability; and Relationship to Other Laws - Directs the Secretary to prescribe regulations to carry out this subtitle. (Sec. 6471) Authorizes the Secretary to sponsor: (1) research relating to the privacy and security of protected health information; (2) the development of consent forms governing the disclosure of such information; and (3) the development of technology to implement standards regarding such information. Directs the Secretary to establish education and awareness programs to: (1) foster security practices by health information trustees; (2) train personnel of health information trustees respecting their duties with respect to such information; and (3) inform individuals and employers who purchase health care respecting their rights with respect to such information. (Sec. 6474) Prohibits States from enforcing any law that is inconsistent with certain requirements of this subtitle or imposes additional requirements with respect to health information trustees. Subtitle F: Antitrust - Directs the Attorney General to: (1) provide for the development of guidelines on the application of antitrust laws to the activities of health plans; and (2) establish a review process under which a health plan may request the Department of Justice's opinion on the plan's conformity with the Federal antitrust laws. (Sec. 6502) Requires the Attorney General to issue a certificate of public advantage to each eligible health care collaborative activity that complies with this section's requirements. Provides that such activity shall not be liable under the antitrust laws for conduct described in the certificate if such conduct occurs while the certificate is in effect. Directs the Attorney General to issue such a certificate if: (1) the benefits that are likely to result from the activity outweigh the reduction in competition that is likely to result; and (2) such reduction is necessary to obtain such benefits. Sets forth activity eligibility requirements. (Sec. 6503) Directs the Attorney General to report annually to the Congress as part of the annual budget oversight proceedings concerning the Antitrust Division of the Department of Justice. Requires the report to enable the Congress to determine how enforcement of antitrust laws is affecting the formation of efficient, cost-saving joint ventures and if the certificate of public advantage procedure has resulted in undesirable reduction in competition in the health care marketplace. Subtitle G: Fraud and Abuse - Directs the Attorney General to establish a program to: (1) coordinate Federal, State, and local law enforcement programs to control fraud and abuse with respect to the delivery of and payment for health care in the United States; (2) conduct investigations, audits, evaluations, and inspections relating to the delivery of and payment for health care in the United States; and (3) facilitate the enforcement of certain SSA title XI mandatory exclusion and other provisions applicable to health care fraud and abuse. Requires the Attorney General in carrying out such program to provide for coordination with law enforcement agencies, State Medicaid Fraud Control Units, State licensing agencies, as well as with third party insurers. (Sec. 6602) Authorizes additional appropriations for the Attorney General to investigate allegations of health care fraud and otherwise carry out the program established above. (Sec. 6603) Creates in the Treasury the Anti-Fraud and Abuse Trust Fund consisting of Federal health anti-fraud and abuse penalties for use in: (1) carrying out the program above; (2) supporting educational activities to prevent the occurrence of violations of anti-fraud and abuse laws; and (3) repaying beneficiaries for cost- sharing. (Sec. 6611) Amends SSA title XI to revise current sanctions for health care fraud and abuse, among other changes, providing for: (1) mandatory exclusion from participation in Medicare and State health care programs of any individuals convicted of a felony relating to fraud or the unlawful manufacture, distribution, prescription, or dispensing of a controlled substance; and (2) establishment of a minimum period of exclusion for certain individuals and entities subject to permissive exclusion from Medicare and State health care programs. (Sec. 6615) Amends SSA title XVIII to modify the limitations on physician self-referral. (Sec. 6616) Directs the Comptroller General to study and report to the Congress on the costs incurred by eligible organizations with risk-sharing contracts of complying with the requirement of entering into a written agreement with an entity providing peer review services with respect to services provided by the organization. (Sec. 6621) Amends the Federal criminal code to provide for: (1) penalties for health care fraud, including making it a felony; (2) rewards for information leading to prosecution relating to health care fraud; and (3) broadened application of mail fraud statute provisions. (Sec. 6631) Amends SSA titles XI and XVIII to authorize the issuance of advisory opinions by the Secretary according to specified guidelines. (Sec. 6641) Requires each State to establish and maintain a State agency to act as a Health Care Fraud and Abuse Control Unit for: (1) investigating and prosecuting violations under any Federally-funded or mandated health care program relating to fraud under State laws; (2) reviewing complaints of abuse or neglect involving patients of facilities receiving Federal payments and, where appropriate, investigate and prosecute such complaints; and (3) providing for the collection, or referral for collection, of overpayments made under any such program and found by the Unit. Subtitle H: Billing for Laboratory Services - Amends the Public Health Service Act to make it unlawful for any person who furnishes ancillary health services to present a bill or demand for payment to any person other than the patient receiving such services, with specified exceptions. Exempts ancillary health services for which payment may be made under Medicare. (Sec. 6701) Defines "ancillary health services" as clinical laboratory services, diagnostic x-rays and other diagnostic tests, durable medical equipment, and physical therapy services. Sets forth conditions under which a person who furnishes ancillary health services may present a bill or demand for payment to specified entities other than the patient. Imposes civil penalties for repeated and knowing demands for payment in violation of this subtitle. Provides for other sanctions for such violations, including the suspension of laboratory certifications and exclusion from participation in Medicare programs. Title VII: Medicare - Subtitle A: Increased Beneficiary Choice; Improved Program Efficiency - Amends SSA title XVIII to revise provisions for payments to health maintenance organizations (HMOs) to: (1) provide for the use of metropolitan statistical areas to determine adjusted average per capita cost; (2) require the Secretary to develop additional specified model packages of health benefits providing coverage for catastrophic illness, prescription drugs, and preventive services which an HMO may provide at its option; and (3) make various specified changes in HMO membership requirements, including changes in associated waiver provisions, and enrollment periods. (Sec. 7002) Amends the Omnibus Budget Reconciliation Act of 1990 to permit Medicare supplemental policies in all States. Modifies Medicare supplemental policy provisions. (Sec. 7003) Includes notice of available HMOs and carriers offering Medicare supplemental policies in the annual notice of Medicare benefits mailed to Medicare beneficiaries. (Sec. 7004) Directs the Secretary to: (1) develop and submit to the Congress a proposal for legislation which provides for the voluntary enrollment of Medicare beneficiaries in private health insurance plans; (2) provide for a monthly payment to a qualified private health insurance plan on behalf of enrolled Medicare beneficiaries who choose to enroll in such a plan (with the enrollee paying any difference between the monthly premium charged under the plan and the amount paid for under Medicare for the enrollee's class, while maintaining budget-neutrality); and (3) take such steps as may be necessary to consolidate the administration of Medicare parts A (Hospital Insurance) and B (Supplementary Medical Insurance). (Sec. 7003) Includes notice of an individual's rights under State law with regard to the formulation of advance directives in the annual notice of Medicare benefits mailed to Medicare beneficiaries. Subtitle B: Savings - Amends Medicare provisions relating to Medicare part A to provide for reductions in: (1) the update for payments for inpatient hospital services; and (2) payments for capital-related costs for inpatient hospital services. (Sec. 7111) Amends Medicare part B provisions on payment for physicians' services to provide for: (1) use of cumulative performance standards; (2) treatment of default update; (3) use of real GDP to adjust for volume and intensity; (4) repeal of restriction on maximum reduction under conversion factor update adjustment provisions; and (5) reduction in the conversion factor for the physician fee schedule for 1995. (Sec. 7112) Provides for the imposition of coinsurance on laboratory services. (Sec. 7113) Amends the Internal Revenue Code to provide for an increase in the Medicare part B premiums for high-income individuals. (Sec. 7114) Amends Medicare to provide for: (1) the extension of the 25 percent part B premium; (2) a reduction in hospital outpatient services and home health services through the establishment of a prospective payment system; and (3) various specified changes with regard to Medicare as secondary payer. Title VIII: Incentives to Purchase Long-Term Care Insurance - Subtitle A: Establishment of Federal Standards for Long-Term Care Insurance - Amends SSA to provide for model standards incorporating specified requirements for sales practices, benefits, and other matters that long-term care insurance policies must meet. Establishes civil monetary penalties for violations. Requires the National Association of Insurance Commissioners to issue guidelines for endorsements of long-term care insurance policies, or that permit such policies to be offered for sale through the organization or association. Subtitle B: Tax Treatment of Long-Term Care Insurance - Amends the Internal Revenue Code to provide for the treatment of long-term care insurance contracts as accident or health insurance contracts generally, with qualified long-term services treated as medical care, among other changes with regard to long-term care insurance. Subtitle C: Studies - Requires the Comptroller General to conduct a study on the feasibility of: (1) encouraging health care providers to donate their services to homebound patients; and (2) providing heads of households who care for elderly family members in their homes with a tax credit. (Sec. 8203) Directs the Secretary to conduct a study and report to the Congress on: (1) case management of current long-term care benefits; and (2) subacute care. Title IX: Department of Veterans Affairs - Authorizes each veteran residing in the United States, certain surviving spouses and children of such veterans (also living in the United States) who are not otherwise eligible for medical care under the Civilian Health and Medical Program of the Uniformed Services (CHAMPUS), and family members thereof to be enrolled with a Department of Veterans Affairs (VA) health care plan. Requires the payment of appropriate premiums, deductibles, copayments, or coinsurance with respect to such family members. Continues the eligibility of family members after the death of the veteran originally enrolled. Directs the Secretary of Veterans Affairs (Secretary, for purposes of this title) to establish enrollment ceilings to limit the number of eligible individuals enrolling for such coverage. Requires conformity of such plans with health plan requirements set forth in this Act and inclusion of all the items and services in the standard coverage under this Act. Directs the Secretary to continue to provide to veterans authorized VA care and services which are not included in the standard coverage provided under this Act. Provides for the continuation in the VA of specialized disabled veteran treatment and rehabilitative needs and facilities and requires a report on such continuation from the Secretary to specified congressional committees. Allows such plans to offer supplemental health benefits and cost-sharing policies consistent with this Act. Provides a limitation with regard to veterans who elect not to enroll to obtain such coverage. Prohibits the imposition of a cost-share charge of any kind upon a veteran for the treatment of a service-connected disability that requires specialized treatment by the VA. Prohibits funds appropriated to carry out this title from being used to provide abortions except when necessary to save the life of the mother or when the pregnancy is the result of rape or incest. Prohibits the imposition of cost-sharing charges of any kind upon veterans who are disabled to a degree of ten percent or more, veterans released from service due to a service-connected disability, veterans receiving disability compensation from the VA, former prisoners of war, veterans of the Mexican border period or World War I, and veterans unable to defray the costs of such care. Directs the Secretary to establish rates for premiums and other applicable charges with respect to all other enrollees. Empowers the Secretary to recover from third parties the cost of providing such care and services if such care and services would have been required to be provided by such third party. Establishes in the Treasury the Department of Veterans Affairs Health Coverage Fund to be used for VA health plan payments and services. Preserves existing health care benefits for facilities not offering qualified health coverage under this Act. Authorizes the Secretary to organize VA health plans and facilities as plans and facilities offering qualified health coverage under this Act. Requires any health insurance program provided for Federal employees to include as an option enrollment to obtain VA coverage. Requires the Secretary to take appropriate steps to ensure the financial solvency and stability of the VA coverage and of the contractors and subcontractors providing services as part of such coverage. Preempts certain State action with respect to standards and requirements of such coverage. Requires VA health care facilities to serve as providers to individuals residing in a State that operates as a single payer system, with appropriate reimbursement. Authorizes the head official offering VA health coverage or the director of a VA health care facility to enter into agreements with health care plans, insurers, health care providers, and other entities to furnish or obtain any health-care resource. Provides certain other administrative and personnel flexibility to the Secretary in providing or obtaining such services. Directs the Secretary of the Treasury to: (1) credit to a special fund specified amounts for FY 1995 and 1996 to be used for providing VA health coverage under this Act; and (2) report to the Congress on the operation of the VA health care system with respect to national health care reform as set forth under this Act. Authorizes the Secretary to apply for and accept grants and other forms of assistance to meet the needs of special populations. (Sec. 9003) Makes veterans enrolled with a VA plan under this title eligible for nursing home care, outpatient care, and care provided to obviate the need for hospital admission. (Sec. 9004) Makes any herbicide-exposed veteran eligible for hospital and nursing home care for any disease for which the National Academy of Sciences has determined: (1) that there is a positive association between disease occurrence and herbicide exposure; (2) that there is evidence suggesting such an association, though the evidence is limited; or (3) that available studies are insufficient to permit a conclusion about the presence or absence of such an association. Limits the authorized length of such care for eligible veterans. (Sec. 9005) Extends the authority to provide priority outpatient health care to veterans for exposure to environmental hazards until October 1, 1998, for any disability which becomes manifest before October 1, 1996. (Sec. 9006) Directs the Secretary to report to the Congress on the desirability and feasibility of waiving any requirement for cost-sharing under a VA health plan in the case of medical care provided to a family member of a Persian Gulf War veteran for any disease or disability which may be related to such service. (Sec. 9007) Directs the Secretary, during FY 1995 through 1997, to carry out and report to specified congressional committees on a study of the effect of telemedicine on the delivery of VA health care services. (Sec. 9008) Directs the Secretary of Health and Human Services to develop and submit to the Congress a proposal for legislation which provides for obtaining VA health coverage for Medicare beneficiaries who are veterans. (Sec. 9009) Directs the Secretary to carry out a pilot program to reduce waiting times for patients seeking health-care services in VA outpatient clinics and the traveling distance to such clinics by providing for operation of approximately 20 new outpatient clinics around two VA medical centers. Authorizes appropriations for FY 1998 through 2004. Title X: Miscellaneous Savings Provisions - Subtitle A: Automobile Insurance Coordination - Requires individuals enrolled in a health plan to receive automobile insurance medical services exclusively through the health plan. Makes such services subject to all quality, cost containment, and anti-fraud and abuse provisions that apply generally to medical services provided by or through health plans. (Sec. 10002) Permits an individual and an automobile insurance carrier to agree that treatment for bodily injury sustained in an automobile accident shall be provided by other than the health plan through which such individual is enrolled. Authorizes States to require such carriers to make direct payment to health care providers for automobile insurance medical services that are covered by Medicare or Medicaid and an automobile insurance contract that provides for direct payment of medical services regardless of fault. (Sec. 10003) Requires carriers liable for payment for automobile insurance medical services to make payment to health plans to the extent of obligations under the contract. Grants federally funded health care plans first priority to receive payment pursuant to any obligation under an automobile insurance policy covering such medical services. (Sec. 10004) Directs States to establish systems for prompt payment for automobile insurance medical services by such carriers to health plans, including mechanisms for resolution of disputes. Requires sanctions to be prescribed for failures to comply with this subtitle's requirements. (Sec. 10005) Requires the Secretary of Health and Human Services to provide for allotments to States for administrative expenses in carrying out this subtitle. Subtitle B: Prefunding Government Health Benefits Contributions - Directs each Federal agency within the executive branch whose receipts and disbursements are not generally included in the totals of the Government budget submitted by the President, effective FY 1994 (or February 1, 1995, in the case of the agency with the greatest number of employees), to prepay the Government contributions which will be required in connection with providing health-benefits coverage for annuitants of such agency.

Employee Partnership Reward Act of 1994

United States · United States Congress · 6 October 1994

TABLE OF CONTENTS: Title I: Refundable Income Tax Credit for Nondeferred Distributions from Performance-Based Reward Plans Title II: Establishment of Program to Promote Performance-Based Reward Plans and Employee Decisionmaking Participation Programs Employee Partnership Reward Act of 1994 - Title I: Refundable Income Tax Credit for Nondeferred Distributions from Performance-Based Reward Plans - Amends the Internal Revenue Code to allow eligible employees a refundable income tax credit for nondeferred distributions from performance-based reward plans. Allows employers an additional deduction for performance-based rewards. Directs the Secretary of the Treasury to study and report to the Congress on the effect of such credit in stimulating productivity and full employment. Directs the Secretary of Labor and the Director of the Federal Mediation and Conciliation Service each to: (1) collect statistics on the extent of performance-based reward plans in the United States; and (2) prepare studies describing the nature and terms of these plans. Requires the Director of the Office of Management and Budget to publish annual estimates of annual tax expenditures for deferred profit-sharing plans and employee stock ownership plans. Title II: Establishment of Program to Promote Performance-Based Reward Plans and Employee Decisionmaking Participation Programs - Directs the Administrator of the Small Business Administration to establish and carry out an Employee Partnership Pilot Program. Directs the Administrator to make five-year program grants to up to five eligible entities to promote implementation of performance-based reward plans and employee decisionmaking participation programs. Requires a matching non-Federal share.

Living Wage, Jobs For All Act

United States · United States Congress · 6 October 1994

A Living Wage, Jobs for All Act - Declares that the Congress affirms the basic economic rights and responsibilities under the 1944 "Economic Bill of Rights", while updating and extending it to include that: (1) every adult American able and willing to earn a living through paid work has the right to a free choice among opportunities for useful and productive part- or full-time paid employment at decent real wages or for self-employment; and (2) every adult American unable to work for pay or find employment has the right to an adequate standard of living that rises with increases in the wealth and productivity of the society. (Sec. 2) Makes it the responsibility of each Federal agency and commission, including the Board of Governors of the Federal Reserve System, to perform so as to help establish and maintain conditions under which all adult Americans may freely exercise the economic rights specified in 1944 and in this Act. Prohibits Federal agencies or commissions from directly or indirectly promoting recession, stagnation, or unemployment as a means of reducing wages and salaries or inflation. (Sec. 3) Directs the President to establish a program to implement such basic economic rights and responsibilities. Sets forth policies and projects to be included under such program. Includes such program in the annual submission of budget. (Sec. 4) Authorizes the Secretary of Labor to provide grants and other incentives to States and local governments to encourage short- and long-term public works and public services planning in urban, suburban, and rural areas, in order to implement such basic economic rights and responsibilities. Requires applications for such assistance to include strategic and tactical plans. (Sec. 5) Makes it the policy of the Federal government to cooperate with other nations' governments and the United Nations to help develop an international community based on rising living standards, particularly for those people with the lowest levels of income, wealth, access to public facilities, free trade union organization, and political power. Directs the President, through appropriate Federal agencies, to review all Federal law and regulations that interfere with implementation of such policy, taking specified factors into consideration. Makes U.S. contributions to the International Monetary Fund and the International Bank for Reconstruction and Development contingent upon development and implementation of policies and procedures that will: (1) raise the standard of living in countries receiving assistance from such Fund or Bank, rather than impose austerity; and (2) contribute to such countries' economic viability, credit worthiness, and ability to import goods and services from the United States. Directs the President to: (1) instruct the U.S. representative to the United Nations to propose a series of international and regional conferences on alternative methods of planning for the reduction of involuntary unemployment; and (2) promote, through the Secretary of Labor, the convening in the United States or elsewhere of international and regional conferences on coping with unemployment and underemployment and moving toward fuller employment in the world. Directs the Secretary of Labor, in promoting such conferences, to provide financial and technical assistance to organized labor and cooperative, community, nonprofit, and voluntary organizations, giving priority to widespread communication on controlling facility closings and capital flight by large businesses and on facilitating transnational labor organizations and collective bargaining. (Sec. 6) Directs the President, in the next annual message to the Congress, to propose establishment of a Conversion Planning Fund. Requires such Fund to promote and activate short- and long-term plans for coping with declines in civilian or military activities by developing policies, programs, and projects to expand economic activities in sectors where additional or improved goods or services are needed. Directs the Secretary of Defense to transfer one percent of amounts appropriated for military activities of the Department of Defense to the Fund. Authorizes appropriations, in addition to such transferred funds, as necessary for the Fund. (Sec. 7) Directs the President to establish an annual schedule for implementing this Act, including specified recommendations for restructuring Federal budget priorities and promoting educational activities within each State on locally-based overall planning. Amends the Employment Act of 1946 to: (1) include such implementation schedule in the annual Presidential economic report; and (2) provide for Joint Economic Committee oversight of actions taken or proposed to be taken under this Act. Sets forth requirements that specified types of impact analyses and other information be contained in: (1) all budgetary data for specific programs, whether in budget messages and resolutions or in legislative authorizations and appropriations; and (2) all Presidential budget messages to the Congress. (Sec. 8) Authorizes appropriations.

To amend the Omnibus Budget Reconciliation Act of 1993 to permit the prompt sharing of timber sale receipts of the Forest Service and the Bureau of Land Management.

United States · United States Congress · 4 October 1994

Amends the Omnibus Budget Reconciliation Act of 1993 with respect to the sharing of timber sale receipts of the Forest Service and the Bureau of Land Management.

Capital Budget Commission Act of 1994

United States · United States Congress · 3 October 1994

Capital Budget Commission Act of 1994 - Establishes the Capital Budget Commission to study and report to the Congress on capital budgeting, including an evaluation of what should be included in a capital budget for the Federal Government. Requires the Commission to: (1) focus on growth-sustaining investments; and (2) establish a process encouraging long-term investment. Authorizes appropriations.

Federal Mandates Relief for State and Local Government Act of 1994

United States · United States Congress · 29 September 1994

TABLE OF CONTENTS: Title I: Legislative Accountability and Reform Title II: Regulatory Accountability and Reform Title III: Judicial Review Title IV: Baseline Study Title V: Limitation on Implementation of Federal Mandates; Review and Monitoring of Unfunded Federal Mandates and Implementation of Act Title VI: Private Sector Costs Federal Mandates Relief for State and Local Government Act of 1994 - Title I: Legislative Accountability and Reform - Provides that when an authorization committee of the House of Representatives or the Senate reports a public bill or joint resolution including any Federal mandate, the committee shall identify such mandate to the Director of the Congressional Budget Office (CBO) and issue a report along with the legislation containing, among other things, statements of: (1) the expected direct costs to States and local and tribal governments required to comply with the mandate; (2) the Federal sources available for assisting such entities to meet direct mandate costs, as well as the amount, if any, of new or increased appropriations provided by the legislation; and (3) the possible benefits anticipated from the mandate and whether or not preemptions of State, local, or tribal law will occur because of such mandate, along with the reasons for enacting such preemptions. Requires that, as early as practicable in each new Congress, any congressional committee which anticipates considering proposed legislation establishing, amending, or reauthorizing any Federal program likely to have a significant budgetary impact on State, local, or tribal governments request the CBO Director to study such proposed legislation to develop information that may be useful in analyzing the costs of any Federal mandates, especially unfunded Federal mandates, that may be included in it. Requires the Director to prepare and submit to the appropriate committee estimates for each public bill or joint resolution reported by an authorization committee of the costs of all mandates in the particular legislation. Authorizes appropriations to CBO to carry out this Act. Sets forth guidelines for congressional consideration of measures reported by authorization committees, making it out of order, for example, to consider legislation containing a Federal mandate which does not contain funding for it, subject to waiver under certain conditions. Amends the Rules of the House of Representatives with regard to voting for measures containing mandates, adding requirements for a seven-day layover for certain measures. Title II: Regulatory Accountability and Reform - Requires each agency to assess the effects of Federal regulations on States, and local and tribal governments, including the specific availability of resources to carry out any mandates in those regulations, and seek to minimize those burdens that uniquely or significantly affect such governmental entities, consistent with achieving statutory and regulatory objectives. Requires each agency to: (1) develop an effective process to permit elected officials and other representatives of such governments to provide meaningful and timely input in the development of regulatory proposals containing significant Federal mandates; and (2) develop a plan for providing appropriate notice to, seeking views from, and advising small governments on compliance with any regulatory requirements that might significantly or uniquely affect them before establishing such requirements. Authorizes appropriations. Requires agencies to prepare certain cost-benefit and other statements before promulgating any final rule that includes any Federal mandates upon States or local or tribal governments that may result in expenditures by them in excess of a certain amount in any one year, and before promulgation of any general notice of proposed rulemaking likely to result in promulgation of any such rule. Requires the OMB Director to: (1) collect from agencies the statements prepared under this subtitle and provide copies to the CBO Director promptly after promulgation of the general notice of proposed rulemaking or of the final rule for which the statement was prepared; and (2) establish certain pilot programs to test approaches for reducing reporting and compliance burdens on small governments. Title III: Judicial Review - Disallows judicial review of any action or noncompliance committed under this Act. Title IV: Baseline Study - Requires the Director of the Bureau of the Census to study certain issues involved in calculating the total costs and benefits to State, local, and tribal governments of compliance with Federal law. Authorizes appropriations. Title V: Limitation on Implementation of Federal Mandates; Review and Monitoring of Unfunded Federal Mandates and Implementation of Ac t - Federal Mandate and Community Assistance Reform Act - Requires the Advisory Commission on Intergovernmental Relations to: (1) investigate and review on a regular basis the role of unfunded Federal mandates in intergovernmental relations and their impact on local, State, and Federal Government objectives and responsibilities; (2) study and make certain recommendations to the President and the Congress regarding, among other things, flexibility for State and local government compliance with specific unfunded Federal mandates for which terms of compliance are unnecessarily rigid or complex; and (3) monitor and evaluate the implementation of this Act. Authorizes appropriations. Title VI: Private Sector Costs - Private Sector Legislative Analysis Act of 1994 - Requires that, at the beginning of each Congress, the majority leader of the Senate and the Speaker of the House prepare for the CBO Director a list of major legislative proposals that they believe are likely to have a significant economic impact and be considered for enactment. Requires that House and Senate leadership review for modification each proposal in such list before adjournment of the first session of each Congress. Requires the Director, upon receiving such a list, to initiate a study of each of the major proposals, topics, and areas of interest in the list for purposes of studying and estimating its economic impact, comparing congressional committee and Federal agency estimates of the impacts of such proposals, topics, or areas. Provides for guidelines for congressional consideration of any bill or joint resolution that is included on such a list.

Uruguay Round Agreements Act

United States · United States Congress · 27 September 1994

TABLE OF CONTENTS: Title I: Approval of, and General Provisions Relating to, the Uruguay Round Agreements Subtitle A: Approval of Agreements and Related Provisions Subtitle B: Tariff Modifications Subtitle C: Uruguay Round Implementation and Dispute Settlement Subtitle D: Related Provisions Title II: Antidumping and Countervailing Duty Provisions Subtitle A: General Provisions Subtitle B: Subsidies Provisions Subtitle C: Effective Date Title III: Additional Implementation of Agreements Subtitle A: Safeguards Subtitle B: Foreign Trade Barriers and Unfair Trade Practices Subtitle C: Unfair Practices in Import Trade Subtitle D: Textiles Subtitle E: Government Procurement Subtitle F: Technical Barriers to Trade Title IV: Agriculture-Related Provisions Subtitle A: Agriculture Subtitle B: Sanitary and Phytosanitary Measures Subtitle C: Standards Subtitle D: General Effective Date Title V: Intellectual Property Subtitle A: Copyright Provisions Subtitle B: Trademark Provisions Subtitle C: Patent Provisions Title VI: Related Provisions Subtitle A: Expiring Provisions Subtitle B: Certain Customs Provisions Subtitle C: Conforming Amendments Title VII: Revenue Provisions Subtitle A: Withholding Tax Provisions Subtitle B: Provisions Relating to Estimated Taxes and Payments and Deposits of Taxes Subtitle C: Earned Income Tax Credit Subtitle D: Provisions Relating to Retirement Benefits Subtitle E: Other Provisions Subtitle F: Pension Plan Funding and Premiums Title VIII: Pioneer Preferences Uruguay Round Agreements Act - Title I: Approval of, and General Provisions Relating to, the Uruguay Round Agreements - Subtitle A: Approval of Agreements and Related Provisions - Declares that the Congress approves: (1) the Uruguay Round Agreements entered into on April 15, 1994, pursuant to the Uruguay Round of multilateral trade negotiations under the General Agreement on Tariffs and Trade (GATT); and (2) a statement of administrative action proposed to implement such agreements that was submitted to the Congress on September 27, 1994. Authorizes appropriations. (Sec. 102) Prohibits any provision of the Uruguay Round Agreements that is inconsistent with any U.S. law from having any effect. Sets forth provisions governing the Agreements and their effect on State laws and private remedies. Subtitle B: Tariff Modifications - Grants the President, in addition to his other powers to enter into trade agreements regarding trade barriers, the authority to proclaim other modifications of any duty, staged rate reduction, or additional duties as may be necessary to carry out Schedule XX (United States annexed to the Marrakesh Protocol to GATT). (Sec. 112) Amends the Customs and Trade Act of 1990 to declare that the duty on foreign repairs made to U.S.-flag vessels shall not apply to the cost of equipment or spare parts for repairs made to certain U.S.-flag LASH (Lighter Aboard Ship) barges or cargo vessels that enter the United States on or after the date the World Trade Organization (WTO) Agreement enters into force. Amends the Tariff Act of 1930 to declare that such duty shall not apply to the cost of spare parts necessarily installed on such vessels before they first enter the United States, but only if a duty is paid under the Harmonized Tariff Schedule of the United States upon first entry into the United States on each spare part purchased in, or imported from, a foreign country. (Sec. 113) Directs the Secretary of the Treasury (Secretary) to liquidate or reliquidate and refund any duties that were paid on: (1) certain agglomerated stone tiles entered into the United States on or after January 1, 1989, and before October 1, 1990; and (2) clomiphene citrate entered into the United States after December 31, 1988, and before January 1, 1993. (Sec. 114) Amends the Harmonized Tariff Schedule of the United States to grant duty-free treatment to: (1) unimproved wool and other wool not finer than 46s; (2) octadecyl isocyanate; and (3) 5-chloro-2-(2,4- dichlorophenoxy)phenol. (Sec. 115) Sets forth consultation and layover requirements for actions proclaimed by the President. Subtitle C: Uruguay Round Implementation and Dispute Settlement - Sets forth provisions governing: (1) implementation of the Uruguay Round Agreements; (2) WTO dispute settlement panels; (3) review of WTO operations; (4) increased transparency of the costs and benefits of trade policy actions; and (5) access to the WTO dispute settlement process. (Sec. 128) Amends the Trade Act of 1974 to revise the composition of the Advisory Committee for Trade Policy and Negotiations to include representatives from nongovernmental environmental and conservation organizations. Subtitle D: Related Provisions - Directs the President to seek the establishment in the GATT 1947 (General Agreement on Tariffs and Trade, dated October 30, 1947) and in the WTO of a working party to examine internationally recognized worker rights as they relate to the articles, objectives, and related instruments of such agreement and organization. (Sec. 133) Expresses the sense of the Congress that the United States Trade Representative (USTR) should oppose the admission for membership into the WTO of any country that supports the boycotting of another country. (Sec. 134) Urges the President to develop a comprehensive trade and development policy for African countries. (Sec. 135) Declares that the principal U.S. negotiating objective in the extended negotiations on financial services to be conducted under the auspices of the WTO is to seek to secure commitments from developed and developing countries to reduce or eliminate barriers to the supply of financial services as the condition for the United States: (1) offering commitments to provide national treatment and market access in each of the financial services subsectors; and (2) making such commitments on a most-favored-nation basis. Declares that the principal U.S. negotiating objective in the extended negotiations on basic telecommunications services is to obtain the opening on a nondiscriminatory basis of foreign markets for basic telecommunications services through facilities-based competition or through the resale of services on existing networks. Declares the principal U.S. negotiating objectives in the extended negotiations on trade in civil aircraft are, among other things, to obtain: (1) competitive opportunities for U.S. exports in foreign markets equivalent to those afforded to foreign products in the United States; (2) the reduction or elimination of tariff and nontariff barriers, including through expanded membership in the Agreement on Trade in Civil Aircraft and in the US-EC bilateral agreement for large civil aircraft; and (3) increased transparency with respect to foreign subsidy programs in the civil aircraft sector, maintaining vigorous and effective disciplines on subsidies practices under the Agreement on Subsidies and Countervailing Measures (Subsidies Agreement). (Sec. 136) Amends the Internal Revenue Code to repeal the tax on imported perfumes that contain distilled spirits. Grants a drawback (refund) of tax paid on distilled spirits used in the manufacture of imported perfumes. (Sec. 137) Requires unliquidated imported nonrubber footwear from Brazil which is subject to Treasury Decision 74-233, dated September 9, 1974, and which was entered, or withdrawn from warehouse for consumption, on or before October 28, 1981, to be assessed countervailing duties at rates equal to the amount of the cash deposit of the estimated countervailing duties required on such footwear at the time of entry or withdrawal from warehouse for consumption. Title II: Antidumping and Countervailing Duty Provisions - Subtitle A: General Provisions - Amends the Tariff Act of 1930 to require the administering authority, upon receipt of a petition filed requesting a countervailing duty or antidumping duty proceeding, to: (1) notify the exporting country named in the petition by delivering a public version of the petition; and (2) with respect to a countervailing duty proceeding, provide any exporting country named in the petition that is a Subsidies Agreement country an opportunity for consultations. (Sec. 212) Revises provisions regarding countervailing duty and antidumping duty petition determinations with respect to: (1) whether the petition has been filed by or on behalf of an industry; (2) extension of time for filing a petition; (3) polling to determine industry support; (4) comments by interested parties; and (5) termination of a petition where imports of the subject merchandise have been determined negligible. Reduces from 85 days to 65 days after a countervailing duty investigation is initiated the deadline by which the administering authority must determine, based on available information, whether a subsidy is being provided with respect to merchandise which is the subject of such investigation. Reduces the time period on other countervailing duty and antidumping duty determinations. (Sec. 213) Requires the administering authority, whenever making a preliminary or final antidumping duty determination with respect to imported merchandise, to disregard any weighted average dumping margin that is de minimis (less than two percent ad valorem or the equivalent specific rate for such merchandise). (Sec. 214) Requires the International Trade Commission (ITC), whenever there is an affirmative countervailing or antidumping duty finding, to include in its final determination a finding as to whether the subject imports are likely to seriously undermine the remedial affect of the countervailing or antidumping duty order. Revises provisions regarding critical circumstances determinations in antidumping and countervailing duty proceedings to require the administering authority to base its determinations on: (1) available information; and (2) in antidumping duty cases, whether there is a history of dumping and material injury by reason of dumped imports in the United States and elsewhere of the subject merchandise. (Sec. 216) Requires the administering authority with respect to countervailing and antidumping duty cases to provide exporters who would have been subject to agreements to eliminate the injurious effect of, or subsidies provided on, their exports, the reasons for not accepting such agreements and an opportunity for them to submit comments. (Sec. 217) Authorizes the administering authority and the ITC to use records compiled in a previously filed and withdrawn countervailing or antidumping duty petition in any subsequent investigation initiated pursuant to any new petitions filed within three months after such withdrawal. (Sec. 218) Sets forth special rules for: (1) countervailing and antidumping duty investigations with respect to agreements to eliminate the injurious effect of, or subsidies provided on, exports that are sold in a regional industry (domestic producers within a region who are treated as a separate industry); and (2) assessment of countervailing or antidumping duties on specific exporters in affirmative regional industry determinations. (Sec. 219) Requires the administering authority, whenever an affirmative antidumping determination is made, to make a preliminary and final determination of: (1) the estimated weighted average dumping margin for each exporter individually investigated; and (2) the estimated all-others rate for all exporters not individually investigated. Requires the administering authority to order the posting of bond for the subject merchandise based on the estimates above. (Sec. 220) Sets forth provisions with respect to: (1) the periodic review of countervailing or antidumping duty orders or notice of suspension of a countervailing or antidumping duty investigation; (2) determinations of antidumping or countervailing duties; (3) revocation of countervailing or antidumping duty orders; (4) termination of suspended countervailing or antidumping duty investigations; (5) administering authority determinations of whether revocation of an order, or termination of a suspended investigation, would likely lead to continuation or recurrence of material injury to an industry, or a countervailable subsidy, or of dumping; (6) revised factors to be considered in threat of injury determinations; (7) negligible imports; (8) cumulation for determining material injury and threat of material injury to an industry; (9) consideration of post-petition information in countervailing or antidumping duty investigations; (10) determination of the normal value of subject merchandise; (11) opportunity for industrial users and consumers of subject merchandise to comment; (12) publication of countervailing or antidumping duty determinations; (13) conduct of countervailing or antidumping duty investigations and the administrative review of such investigations; and (14) antidumping duty petitions by WTO member countries. Subtitle B: Subsidies Provisions - Part 1: Countervailable Subsidies - Defines the term "countervailable subsidy" as a financial contribution, any form of income or price support, or any direct or indirect payment by the government of a country or any public entity within a country's territory to a person or a funding mechanism to provide a financial contribution to a person, thereby conferring a benefit. Part 2: Repeal of Section 303 and Conforming Amendments - Repeals a provision of the Tariff Act of 1930 concerning countervailing duties. (Sec. 262) Authorizes the imposition of a countervailing duty (equal to the amount of the net countervailable subsidy) on subject imported merchandise if: (1) the administering authority determines that a foreign country provides a countervailable subsidy with respect to such merchandise; and (2) in the case of merchandise imported from a Subsidies Agreement country, the ITC determines that a U.S. industry is materially injured or is threatened with material injury, or the establishment of a U.S. industry is materially retarded by reasons of such imported merchandise. (Sec. 263) Sets forth provisions regarding: (1) de minimis countervailable subsidies; (2) determination of countervailable, all-others, and country-wide subsidy rates; and (3) the definition of "developing and least-developed countries". Part 3: Section 303 Injury Investigations - Requires the ITC, upon a request from an interested party for an injury investigation with respect to a countervailing duty order which applies to merchandise that is a product of a Subsidies Agreement country, to initiate an investigation to determine whether a U.S. industry is likely to be materially injured by such merchandise if such order is revoked. Part 4: Enforcement of United States Rights Under the Subsidies Agreement - Requires the administering authority to provide information to the public upon request, and, to the extent feasible, assistance and advice to interested parties concerning remedies and procedures under the Subsidies Agreement. Requires the administering authority to notify the USTR with respect to its determination that a class or kind of merchandise is benefiting from a subsidy prohibited under the Agreement. Sets forth provisions requiring the withdrawal of such subsidy or the imposition of countermeasures. Subtitle C: Effective Date - Sets forth effective dates. Title III: Additional Implementation of Agreements - Subtitle A: Safeguards - Amends the Trade Act of 1974 regarding: (1) confidentiality of business information furnished to the ITC with respect to petitions requesting import relief from injury caused by import competition; (2) disclosure of such information under protective order; (3) time limits with respect to ITC import injury determinations in critical circumstances cases and import relief provided by the President; (4) productivity as a factor in ITC import relief determinations; and (5) limits with respect to the duration of import relief actions. Subtitle B: Foreign Trade Barriers and Unfair Trade Practices - Requires a certain USTR report on foreign trade barriers to include a section on foreign anticompetitive practices that adversely affect the export of U.S. goods or services. (Sec. 313) Requires the USTR to take into account the history of intellectual property practices of a foreign country and the history of U.S. efforts to achieve adequate intellectual property protection in identifying priority foreign countries. (Sec. 314) Revises the definition of an unreasonable foreign act, policy, or practice to include the denial of nondiscriminatory market access opportunities for U.S. persons that rely upon intellectual property protection. Requires the USTR to include in a certain report identifying U.S. trade liberalization priorities a review of U.S. trade expansion priorities. Revises factors to be included in such report. Requires the USTR to negotiate an agreement with foreign priority countries that eliminates the unreasonable trade practice or, if elimination is not feasible, that provides compensatory benefits. Sets forth U.S. objectives with respect to the protection of intellectual property rights. Subtitle C: Unfair Practices in Import Trade - Amends the Tariff Act of 1930 to set forth provisions with respect to: (1) the conclusion of ITC unfair trade practices determinations; (2) entry under bond of merchandise suspected of being manufactured as a result of an unfair trade practice; (3) cease and desist orders with respect to such merchandise; (4) access to confidential information submitted to the ITC in its investigation; (5) stays of actions pending before the ITC; and (6) jurisdiction of counterclaims filed in unfair trade practices cases. Subtitle D: Textiles - Requires the Secretary of Commerce to publish in the Federal Register a list of products to be integrated as set out in the Agreement on Textiles and Clothing. (Sec. 333) Requires the Secretary to publish in the Federal Register a list of manufacturers or exporters located outside the United States who fraudulently imported textile or apparel merchandise into the United States in violation of U.S. customs laws. Requires the President to publish a list of countries who have transshipped textile or apparel products or have engaged in activities designed to evade U.S. quotas on such products. (Sec. 334) Requires the Secretary to prescribe rules implementing specified principles for determining the origin of textiles and apparel products. Subtitle E: Government Procurement - Amends the Trade Agreements Act of 1979 to extend from one year to 18 months following the initiation of dispute settlement procedures with respect to the Agreement on Government Procurement the period of time during which the President shall not take action to limit Government procurement for a participant if specified conditions are met. Extends the time period of dispute resolution procedures before certain sanctions are imposed on a signatory country for not complying with such procedures. (Sec. 342) Repeals the mandate for a study of the economic effects of the waiver of Buy American requirements in the procurement of products in labor surplus areas prior to certain trade renegotiations. (Sec. 343) Revises such Act with respect to reciprocal competitive procurement practices and the authority to bar the procurement of U.S. products from non-designated countries. Subtitle F: Technical Barriers to Trade - Declares that nothing under the Trade Agreements Act of 1979 regarding customs duties and technical barriers to trade may be construed to: (1) prohibit a Federal agency from engaging in standards-related activities, including activities related to safety, the protection of human, animal, or plant life or health, the environment, or consumers; or (2) limit a Federal agency's authority to determine the level of safety it considers appropriate in such areas. Title IV: Agriculture-Related Provisions - Subtitle A: Agriculture - Part 1: Market Access - Amends the Agricultural Adjustment Act, as reenacted by the Agricultural Marketing Agreement Act of 1937, to prohibit any quantitative limitation or fee from being imposed under such Act with respect to any product of a WTO member. (Sec. 402) Repeals specified sections of the Trade Agreements Act of 1979 regarding import restrictions on cheese and chocolate crumbs. Amends the Trade Agreements Act of 1979 to eliminate provisions authorizing the President to prohibit the entry of quota cheese. (Sec. 403) Repeals the Meat Import Act of 1979. (Sec. 404) Requires the President, in implementing the tariff-rate quotas set out in Schedule XX, to take necessary action to ensure that agricultural imports do not disrupt the orderly marketing of commodities in the United States. Sets forth provisions with respect to the application of tariff-rate quotas to imported agricultural products. (Sec. 405) Requires the President to publish in the Federal Register: (1) a list of special safeguard agricultural goods; and (2) a trigger level and price for such goods. Requires a duty to be imposed on such imports of such goods. Part II: Exports - Export Enhancement Program Amendments of 1994 - Amends the Agricultural Trade Act of 1978 to require the Commodity Credit Corporation (CCC) to carry out an export enhancement program to encourage the commercial sale of U.S. agricultural commodities in world markets at competitive prices. Extends funding levels for such program through FY 2001. (Sec. 411) Amends the Food Security Act of 1985 to extend the authority of the dairy export incentive program through FY 2001. Authorizes the Secretary of Agriculture to sell dairy products for export consistent with U.S. obligations under the Uruguay Round Agreements, if their sale will not interfere with the usual marketings of the United States nor disrupt world prices of agricultural commodities and patterns of commercial trade. Expresses the sense of the Congress that: (1) the President should consult other donor nations to consider appropriate levels of food aid commitments to meet the legitimate needs of developing countries; and (2) the United States should increase its contribution of bone fide food assistance to developing countries consistent with the Agreement on Agriculture. Part III: Other Provisions - Increases the maximum tariff rate the President may impose on imported tobacco. (Sec. 422) Amends the Agricultural Adjustment Act of 1938 to require producers, purchasers, and exporters of 1994 through 1998 price supported crops of tobacco to remit to the CCC a certain nonrefundable marketing assessment. Amends the Tariff Act of 1930 to provide a drawback (refund) on any tobacco that is subject to the over-quota rate of duty established under a tariff-rate quota. (Sec. 423) Authorizes the President to proclaim a reduction or elimination of any duty with respect to cigar binder and filler tobacco, wrapper tobacco, or oriental tobacco. (Sec. 424) Requires the President to report to the Congress on the extent to which Canada is complying with the Uruguay Round Agreements with respect to dairy and poultry products and with its related obligations under the North American Free Trade Agreement (NAFTA). (Sec. 425) Secretary of Agriculture to study and report to the Congress on the effects of the Uruguay Round Agreements on the Federal milk marketing order system. (Sec. 426) Requires the CCC to use certain funds for export promotion. foreign market development, export credit financing, and promotion of the development, commercialization, and marketing of products resulting from alternative uses of agricultural commodities. Subtitle B: Sanitary and Phytosanitary Measures - Amends the Trade Agreements Act of 1979 to require the standards information center of the Department of Commerce, among other things, to make available to the public documents and information regarding: (1) general application of sanitary or phytosanitary measures by Federal and State agencies; and (2) participation of Federal and State governments and nongovernmental bodies in international and regional standardizing bodies and conformity assessment systems, and in bilateral and multilateral arrangements regarding standards-related measures. (Sec. 431) Amends Federal law to exclude Mexico from certain requirements requiring pest inspection of Mexican railroad cars that enter the United States. Amends the Federal Plant Pest Act and the Plant Quarantine Act to repeal the current requirement of permits for the importation or interstate movement of plant pests and nursery stock. Allows such importation or movement (in the mails or otherwise) only in accordance with regulations promulgated by the Secretary of Agriculture to prevent the dissemination into the United States, or interstate, of such pests, plant diseases, or insect pests. Amends the Honeybee Act to repeal the statutory prohibition but authorize the Secretary of Agriculture to prohibit the importation of honeybees and honeybee semen into or through the United States in order to prevent the spread of diseases and parasites harmful to honeybees, the introduction of genetically undesirable honeybee germ plasm, or the introduction and spread of undesirable honeybee species or subspecies and honeybee semen. Amends the Federal Noxious Weed Act of 1974 to revise the prohibition on the importation or interstate movement of noxious weeds. Amends Federal law to repeal the statutory prohibition but authorize the Secretary of Agriculture by regulation to prohibit or restrict the importation of cattle, sheep, or other ruminants, or swine that are diseased or infected with any disease, or that have been exposed to an infection, into or through the United States in order to prevent the dissemination of disease into the United States. Changes from mandatory to discretionary the Secretary of Agriculture's authority to: (1) cause the inspection of imported animals for contagious diseases or infection; and (2) establish an international animal quarantine station. Revises the Federal Meat Inspection Act with respect to a certification by the Secretary of Agriculture that foreign plants that export meat carcasses or meat products have complied with inspection requirements. (Sec. 432) Amends the Trade Agreements Act of 1979 to require the President to designate an agency to be responsible for informing the public of the sanitary and phytosanitary standard-setting activities of each international standard-setting organization. Prohibits an agency from making a determination that a foreign sanitary or phytosanitary measure is equivalent to a U.S. sanitary or phytosanitary measure unless it determines that such foreign measure provides at least the same level of sanitary or phytosanitary protection as the U.S. measure. Subtitle C: Standards - Amends the Federal Seed Act to repeal certain seed staining requirements. Requires the Secretary of Agriculture to publish, with the reasons for it, any determination that foreign seed of alfalfa or red clover is not adapted for general agricultural use in the United States. Subtitle D: General Effective Date - Sets forth the effective date of this title. Title V: Intellectual Property - Subtitle A: Copyright Provisions - Amends the Computer Software Rental Amendments Act of 1990 to repeal the termination date of a prohibition on unauthorized commercial rental or leasing of computer programs. (Sec. 512) Amends Federal copyright law to apply existing remedies for copyright infringement where a person, without the consent of a performer: (1) fixes the sound or images of a live musical performance in a copy or phonorecord or reproduces phonorecords or copies of such a performance from an unauthorized fixation; (2) communicates to the public the sounds or images of such a performance; or (3) distributes, sells, rents, or traffics (or offers to engage in such activities) any copy or phonorecord fixed without such consent. (Sec. 513) Amends the Federal criminal code to impose criminal penalties for activities described in Section 512 that are pursued for commercial advantage or private financial gain. (Sec. 514) Replaces provisions regarding copyright in certain motion pictures with those concerning copyright in restored works. Declares that copyright subsists in restored works and vests automatically on the date of restoration. Provides that any work in which copyright is restored shall subsist for the remainder of the term of copyright that the work would have otherwise been granted in the United States if the work never entered the public domain in the United States. Provides that any work in which the copyright was ever owned or administered by the Alien Property Custodian and in which the restored copyright would be owned by a government or instrumentality thereof is not a restored work. Declares that a restored work vests initially in the author or initial rightholder of the work as determined by the law of the source country of the work. Authorizes any person owning copyright or an exclusive right in a restored work to file a notice of intent with the Copyright Office to enforce that copyright or right against reliance parties or serve such notice directly. Defines a "reliance party" as any person who: (1) engages in acts, before the source country becomes an eligible country (a country that is a World Trade Organization (WTO) member country, adheres to the Bern Convention, or is subject to a presidential proclamation of protection), which would have violated exclusive rights in copyrighted works if the restored work had been subject to copyright protection and continues to engage in such acts after the source country becomes an eligible country; (2) makes or acquires copies or phonorecords of the work before the source country becomes an eligible country; or (3) as the result of the sale or other disposition of a derivative work or significant assets of a person described in (1) or (2), is a successor, assignee, or licensee of such a person. Sets forth remedies for infringement of copyrights in restored works. Permits the President, whenever a foreign nation extends to U.S. authors restored copyright protection on substantially the same basis as provided under this Act, to extend restored protection by proclamation to any work: (1) of which one or more of the authors is a national, domiciliary, or sovereign authority of such nation; or (2) which was first published in such nation. Subtitle B: Trademark Provisions - Amends the Trademark Act of 1946 to consider nonuse of a mark for three (currently, two) consecutive years to be prima facie evidence of abandonment. (Sec. 522) Makes trademarks regarding geographic indications, when first used in connection with wines or spirits one year after the WTO Agreement's enactment date, nonregistrable if the geographic indication is a place other than the origin of the goods. Subtitle C: Patent Provisions - Amends Federal patent law to extend U.S. intellectual property protections to inventions that are made in other countries by persons who are domiciled in a North American Free Trade Agreement (NAFTA) country or WTO member country and who are serving in any other country in connection with operations by or on behalf of the United States, a NAFTA country, or a WTO member country. (Sec. 532) Revises Federal patent law to establish a 20-year patent term from the date of filing. Provides that, if the issuance of an original patent is delayed because of a proceeding regarding situations where a patent application would interfere with a pending application or with an unexpired patent, the term of the patent shall be extended for the period of delay up to five years. Provides the same extension for delays due to appellate review by the Board of Patent Appeals or a Federal court. Requires the term of a patent that is in force or results from an application filed within six months after this Act's enactment date to be the greater of the 20-year term or 17 years from grant, subject to any terminal disclaimers. Sets forth provisions with respect to the filing of a provisional application for a patent. Specifies that a provisional application shall not be entitled to the right of priority of any other application or the benefit of an earlier filing date in the United States. Directs the Commissioner of the Patent and Trademark Office to charge a $150 filing fee on each provisional application for an original patent. (Sec. 533) Deems offering to sell or import a patented invention into the United States to be patent infringement. Title VI: Related Provisions - Subtitle A: Expiring Provisions - Amends the Trade Act of 1974 to extend, through July 31, 1995, duty-free treatment of the products of beneficiary developing countries under the Generalized System of Preferences. (Sec. 601) Requires certain articles that enter the United States after September 30, 1994, and before the enactment of this Act, to be liquidated or reliquidated as free of duty and a refund to be paid with respect to such entries. (Sec. 602) Amends the Harmonized Tariff Schedule of the United States to extend, through January 1, 2007, the requirement that the Secretaries of Commerce and of the Interior: (1) verify the wages paid by each producer to permanent residents of the U.S. insular possessions during the preceding year; and (2) issue to each producer a production incentive certificate for the applicable amount. Extends the authority of the production incentive certificate, number PIC-EV-89. Subtitle B: Certain Customs Provisions - Amends the Consolidated Omnibus Budget Reconciliation Act of 1985 to revise provisions concerning the reimbursement of certain customs user fees. (Sec. 612) Increases the customs user fees for certain imported merchandise. Subtitle C: Conforming Amendments - Amends Federal trade laws to make conforming amendments. Title VII: Revenue Provisions - Subtitle A: Withholding Tax Provisions - Amends the Internal Revenue Code (IRC) to require tax withholding on payments made to a member of an Indian tribe from profits from gaming activity. (Sec. 702) Provides for voluntary withholding on specified Federal payments and on unemployment compensation. Subtitle B: Provisions Relating to Estimated Taxes and Payments and Deposits of Taxes - Requires amounts included in gross income for foreign shareholders and controlled foreign corporations to be taken into account in computing annualized income installments. (Sec. 712) Specifies time requirements for the deposit of certain excise taxes. (Sec. 713) Reduces the rate of interest to be paid on certain corporate overpayments. Subtitle C: Earned Income Tax Credit - Makes military personnel stationed outside the United States eligible for the earned income credit. (Sec. 722) Makes certain nonresident aliens ineligible for such tax credit. (Sec. 723) Disregards the income of inmates at penal institutions in determining such tax credit. Subtitle D: Provisions Relating to Retirement Benefits - Extends the authority to transfer excess pension assets to retiree health benefit accounts. (Sec. 733) Increases the percentage of social security benefits paid to nonresidents that must be included in gross income. Subtitle E: Other Provisions - Provides for partnership distributions of marketable securities. (Sec. 742) Requires taxpayer identification numbers at birth. (Sec. 743) Extends the authority of the Internal Revenue Service to impose certain user fees. (Sec. 744) Removes the reduction of the understatement penalty for corporations for items attributable to tax shelters. Subtitle F: Pension Plan Funding and Premiums - Retirement Protection Act of 1994 - Amends requirements for pension plan funding, including: (1) minimum funding, revising additional funding requirements for single-employer plans; (2) limitation on changes in current liability assumptions; (3) anticipation of bargained benefit increases; (4) modification of the quarterly contribution requirement; and (5) exceptions to the excise tax on nondeductible contributions. (Sec. 761) Makes similar amendments to the Employee Retirement Income Security Act of 1974 (ERISA) for pension plan funding. (Sec. 766) Prohibits benefit increases or other changes which increase plan liabilities where a plan sponsor is in bankruptcy. (Sec. 767) Amends IRC and ERISA with respect to: (1) single sum distributions; and (2) adjustments to the lien for missed minimum funding contributions. (Sec. 771) Amends title IV (Plan Termination Insurance) of ERISA to revise requirements relating to reportable events. (Sec. 772) Requires that specified additional information be furnished to the Pension Benefit Guaranty Corporation (PBGC). (Sec. 773) Revises provisions for enforcement of minimum funding requirements. (Sec. 774) Phases out the variable rate premium cap. (Sec. 775) Requires the plan administrator of a plan subject to a specified additional premium to notify plan participants and beneficiaries of the plan's funding status and the limits on the PBGC's guaranty should the plan terminate while underfunded. (Sec. 776) Adds provisions relating to missing participants. (Sec. 777) Revises provisions relating to modification of the maximum guarantee for disability benefits. (Sec. 781) Sets forth effective dates for this Act. Title VIII: Pioneer Preferences - Amends the Communications Act of 1934 to prohibit the Federal Communications Commission (FCC) from awarding licenses pursuant to preferential treatment accorded by the FCC to persons who make significant contributions to the development of a new telecommunications service or technology, except in accordance with this title. (Sec. 801) Requires the FCC to recover for the public a portion of the value of the public spectrum resource made available to such persons by requiring them, as a condition for receipt of licenses, to agree to pay a specified sum. Provides for such payments to be made in a lump sum or in guaranteed installment payments, with or without royalty payments, over a period of up to five years. Directs the FCC to prescribe regulations specifying the procedures and criteria by which it will evaluate applications for such preferential treatment in licensing. Requires such regulations to: (1) specify the procedures and criteria by which the significance of such contributions will be determined; (2) include procedures to prevent unjust enrichment by ensuring that the value of the contribution justifies any reduction in amounts paid for licenses; and (3) be inapplicable to applications that have been accepted for filing before September 1, 1994. Sets forth requirements with respect to treatment of broadband licenses awarded pursuant to preferential treatment accorded in the Third Report and Order in General Docket 90-314, including that the FCC: (1) not reconsider the award of such specified preferences and not delay the granting of licenses based on such awards; (2) not alter the bandwidth or service areas designated for such licenses in such Report and Order; (3) use the broadband licenses in the personal communications services for blocks A and B for the 20 largest markets (ranked by population) in which no applicant has obtained preferential treatment; (4) permit installment payments over a period of five years subject to specified conditions; and (5) recover an amount equal to $400 million for such licenses. Terminates the FCC's authority to provide preferential treatment as described by this title on September 30, 1998. Applies this title to any licenses issued on or after August 1, 1994, pursuant to preferential treatment procedures.

Uruguay Round Agreements Act

United States · United States Congress · 27 September 1994

TABLE OF CONTENTS: Title I: Approval of, and General Provisions Relating to, the Uruguay Round Agreements Subtitle A: Approval of Agreements and Related Provisions Subtitle B: Tariff Modifications Subtitle C: Uruguay Round Implementation and Dispute Settlement Subtitle D: Related Provisions Title II: Antidumping and Countervailing Duty Provisions Subtitle A: General Provisions Subtitle B: Subsidies Provisions Subtitle C: Effective Date Title III: Additional Implementation of Agreements Subtitle A: Safeguards Subtitle B: Foreign Trade Barriers and Unfair Trade Practices Subtitle C: Unfair Practices in Import Trade Subtitle D: Textiles Subtitle E: Government Procurement Subtitle F: Technical Barriers to Trade Title IV: Agriculture-Related Provisions Subtitle A: Agriculture Subtitle B: Sanitary and Phytosanitary Measures Subtitle C: Standards Subtitle D: General Effective Date Title V: Intellectual Property Subtitle A: Copyright Provisions Subtitle B: Trademark Provisions Subtitle C: Patent Provisions Title VI: Related Provisions Subtitle A: Expiring Provisions Subtitle B: Certain Customs Provisions Subtitle C: Conforming Amendments Title VII: Revenue Provisions Subtitle A: Withholding Tax Provisions Subtitle B: Provisions Relating to Estimated Taxes and Payments and Deposits of Taxes Subtitle C: Earned Income Tax Credit Subtitle D: Provisions Relating to Retirement Benefits Subtitle E: Other Provisions Subtitle F: Pension Plan Funding and Premiums Title VIII: Pioneer Preferences Uruguay Round Agreements Act - Title I: Approval of, and General Provisions Relating to, the Uruguay Round Agreements - Subtitle A: Approval of Agreements and Related Provisions - Declares that the Congress approves: (1) the Uruguay Round Agreements entered into on April 15, 1994, pursuant to the Uruguay Round of multilateral trade negotiations under the General Agreement on Tariffs and Trade (GATT); and (2) a statement of administrative action proposed to implement such agreements that was submitted to the Congress on September 27, 1994. Authorizes appropriations. (Sec. 102) Prohibits any provision of the Uruguay Round Agreements that is inconsistent with any U.S. law from having any effect. Sets forth provisions governing the Agreements and their effect on State laws and private remedies. Subtitle B: Tariff Modifications - Grants the President, in addition to his other powers to enter into trade agreements regarding trade barriers, the authority to proclaim other modifications of any duty, staged rate reduction, or additional duties as may be necessary to carry out Schedule XX (United States annexed to the Marrakesh Protocol to GATT). (Sec. 112) Amends the Customs and Trade Act of 1990 to declare that the duty on foreign repairs made to U.S.-flag vessels shall not apply to the cost of equipment or spare parts for repairs made to certain U.S.-flag LASH (Lighter Aboard Ship) barges or cargo vessels that enter the United States on or after the date the World Trade Organization (WTO) Agreement enters into force. Amends the Tariff Act of 1930 to declare that such duty shall not apply to the cost of spare parts necessarily installed on such vessels before they first enter the United States, but only if a duty is paid under the Harmonized Tariff Schedule of the United States upon first entry into the United States on each spare part purchased in, or imported from, a foreign country. (Sec. 113) Directs the Secretary of the Treasury (Secretary) to liquidate or reliquidate and refund any duties that were paid on: (1) certain agglomerated stone tiles entered into the United States on or after January 1, 1989, and before October 1, 1990; and (2) clomiphene citrate entered into the United States after December 31, 1988, and before January 1, 1993. (Sec. 114) Amends the Harmonized Tariff Schedule of the United States to grant duty-free treatment to: (1) unimproved wool and other wool not finer than 46s; (2) octadecyl isocyanate; and (3) 5-chloro-2-(2,4- dichlorophenoxy)phenol. (Sec. 115) Sets forth consultation and layover requirements for actions proclaimed by the President. Subtitle C: Uruguay Round Implementation and Dispute Settlement - Sets forth provisions governing: (1) implementation of the Uruguay Round Agreements; (2) WTO dispute settlement panels; (3) review of WTO operations; (4) increased transparency of the costs and benefits of trade policy actions; and (5) access to the WTO dispute settlement process. (Sec. 128) Amends the Trade Act of 1974 to revise the composition of the Advisory Committee for Trade Policy and Negotiations to include representatives from nongovernmental environmental and conservation organizations. Subtitle D: Related Provisions - Directs the President to seek the establishment in the GATT 1947 (General Agreement on Tariffs and Trade, dated October 30, 1947) and in the WTO of a working party to examine internationally recognized worker rights as they relate to the articles, objectives, and related instruments of such agreement and organization. (Sec. 133) Expresses the sense of the Congress that the United States Trade Representative (USTR) should oppose the admission for membership into the WTO of any country that supports the boycotting of another country. (Sec. 134) Urges the President to develop a comprehensive trade and development policy for African countries. (Sec. 135) Declares that the principal U.S. negotiating objective in the extended negotiations on financial services to be conducted under the auspices of the WTO is to seek to secure commitments from developed and developing countries to reduce or eliminate barriers to the supply of financial services as the condition for the United States: (1) offering commitments to provide national treatment and market access in each of the financial services subsectors; and (2) making such commitments on a most-favored-nation basis. Declares that the principal U.S. negotiating objective in the extended negotiations on basic telecommunications services is to obtain the opening on a nondiscriminatory basis of foreign markets for basic telecommunications services through facilities-based competition or through the resale of services on existing networks. Declares the principal U.S. negotiating objectives in the extended negotiations on trade in civil aircraft are, among other things, to obtain: (1) competitive opportunities for U.S. exports in foreign markets equivalent to those afforded to foreign products in the United States; (2) the reduction or elimination of tariff and nontariff barriers, including through expanded membership in the Agreement on Trade in Civil Aircraft and in the US-EC bilateral agreement for large civil aircraft; and (3) increased transparency with respect to foreign subsidy programs in the civil aircraft sector, maintaining vigorous and effective disciplines on subsidies practices under the Agreement on Subsidies and Countervailing Measures (Subsidies Agreement). (Sec. 136) Amends the Internal Revenue Code to repeal the tax on imported perfumes that contain distilled spirits. Grants a drawback (refund) of tax paid on distilled spirits used in the manufacture of imported perfumes. (Sec. 137) Requires unliquidated imported nonrubber footwear from Brazil which is subject to Treasury Decision 74-233, dated September 9, 1974, and which was entered, or withdrawn from warehouse for consumption, on or before October 28, 1981, to be assessed countervailing duties at rates equal to the amount of the cash deposit of the estimated countervailing duties required on such footwear at the time of entry or withdrawal from warehouse for consumption. Title II: Antidumping and Countervailing Duty Provisions - Subtitle A: General Provisions - Amends the Tariff Act of 1930 to require the administering authority, upon receipt of a petition filed requesting a countervailing duty or antidumping duty proceeding, to: (1) notify the exporting country named in the petition by delivering a public version of the petition; and (2) with respect to a countervailing duty proceeding, provide any exporting country named in the petition that is a Subsidies Agreement country an opportunity for consultations. (Sec. 212) Revises provisions regarding countervailing duty and antidumping duty petition determinations with respect to: (1) whether the petition has been filed by or on behalf of an industry; (2) extension of time for filing a petition; (3) polling to determine industry support; (4) comments by interested parties; and (5) termination of a petition where imports of the subject merchandise have been determined negligible. Reduces from 85 days to 65 days after a countervailing duty investigation is initiated the deadline by which the administering authority must determine, based on available information, whether a subsidy is being provided with respect to merchandise which is the subject of such investigation. Reduces the time period on other countervailing duty and antidumping duty determinations. (Sec. 213) Requires the administering authority, whenever making a preliminary or final antidumping duty determination with respect to imported merchandise, to disregard any weighted average dumping margin that is de minimis (less than two percent ad valorem or the equivalent specific rate for such merchandise). (Sec. 214) Requires the International Trade Commission (ITC), whenever there is an affirmative countervailing or antidumping duty finding, to include in its final determination a finding as to whether the subject imports are likely to seriously undermine the remedial affect of the countervailing or antidumping duty order. Revises provisions regarding critical circumstances determinations in antidumping and countervailing duty proceedings to require the administering authority to base its determinations on: (1) available information; and (2) in antidumping duty cases, whether there is a history of dumping and material injury by reason of dumped imports in the United States and elsewhere of the subject merchandise. (Sec. 216) Requires the administering authority with respect to countervailing and antidumping duty cases to provide exporters who would have been subject to agreements to eliminate the injurious effect of, or subsidies provided on, their exports, the reasons for not accepting such agreements and an opportunity for them to submit comments. (Sec. 217) Authorizes the administering authority and the ITC to use records compiled in a previously filed and withdrawn countervailing or antidumping duty petition in any subsequent investigation initiated pursuant to any new petitions filed within three months after such withdrawal. (Sec. 218) Sets forth special rules for: (1) countervailing and antidumping duty investigations with respect to agreements to eliminate the injurious effect of, or subsidies provided on, exports that are sold in a regional industry (domestic producers within a region who are treated as a separate industry); and (2) assessment of countervailing or antidumping duties on specific exporters in affirmative regional industry determinations. (Sec. 219) Requires the administering authority, whenever an affirmative antidumping determination is made, to make a preliminary and final determination of: (1) the estimated weighted average dumping margin for each exporter individually investigated; and (2) the estimated all-others rate for all exporters not individually investigated. Requires the administering authority to order the posting of bond for the subject merchandise based on the estimates above. (Sec. 220) Sets forth provisions with respect to: (1) the periodic review of countervailing or antidumping duty orders or notice of suspension of a countervailing or antidumping duty investigation; (2) determinations of antidumping or countervailing duties; (3) revocation of countervailing or antidumping duty orders; (4) termination of suspended countervailing or antidumping duty investigations; (5) administering authority determinations of whether revocation of an order, or termination of a suspended investigation, would likely lead to continuation or recurrence of material injury to an industry, or a countervailable subsidy, or of dumping; (6) revised factors to be considered in threat of injury determinations; (7) negligible imports; (8) cumulation for determining material injury and threat of material injury to an industry; (9) consideration of post-petition information in countervailing or antidumping duty investigations; (10) determination of the normal value of subject merchandise; (11) opportunity for industrial users and consumers of subject merchandise to comment; (12) publication of countervailing or antidumping duty determinations; (13) conduct of countervailing or antidumping duty investigations and the administrative review of such investigations; and (14) antidumping duty petitions by WTO member countries. Subtitle B: Subsidies Provisions - Part 1: Countervailable Subsidies - Defines the term "countervailable subsidy" as a financial contribution, any form of income or price support, or any direct or indirect payment by the government of a country or any public entity within a country's territory to a person or a funding mechanism to provide a financial contribution to a person, thereby conferring a benefit. Part 2: Repeal of Section 303 and Conforming Amendments - Repeals a provision of the Tariff Act of 1930 concerning countervailing duties. (Sec. 262) Authorizes the imposition of a countervailing duty (equal to the amount of the net countervailable subsidy) on subject imported merchandise if: (1) the administering authority determines that a foreign country provides a countervailable subsidy with respect to such merchandise; and (2) in the case of merchandise imported from a Subsidies Agreement country, the ITC determines that a U.S. industry is materially injured or is threatened with material injury, or the establishment of a U.S. industry is materially retarded by reasons of such imported merchandise. (Sec. 263) Sets forth provisions regarding: (1) de minimis countervailable subsidies; (2) determination of countervailable, all-others, and country-wide subsidy rates; and (3) the definition of "developing and least-developed countries". Part 3: Section 303 Injury Investigations - Requires the ITC, upon a request from an interested party for an injury investigation with respect to a countervailing duty order which applies to merchandise that is a product of a Subsidies Agreement country, to initiate an investigation to determine whether a U.S. industry is likely to be materially injured by such merchandise if such order is revoked. Part 4: Enforcement of United States Rights Under the Subsidies Agreement - Requires the administering authority to provide information to the public upon request, and, to the extent feasible, assistance and advice to interested parties concerning remedies and procedures under the Subsidies Agreement. Requires the administering authority to notify the USTR with respect to its determination that a class or kind of merchandise is benefiting from a subsidy prohibited under the Agreement. Sets forth provisions requiring the withdrawal of such subsidy or the imposition of countermeasures. Subtitle C: Effective Date - Sets forth effective dates. Title III: Additional Implementation of Agreements - Subtitle A: Safeguards - Amends the Trade Act of 1974 regarding: (1) confidentiality of business information furnished to the ITC with respect to petitions requesting import relief from injury caused by import competition; (2) disclosure of such information under protective order; (3) time limits with respect to ITC import injury determinations in critical circumstances cases and import relief provided by the President; (4) productivity as a factor in ITC import relief determinations; and (5) limits with respect to the duration of import relief actions. Subtitle B: Foreign Trade Barriers and Unfair Trade Practices - Requires a certain USTR report on foreign trade barriers to include a section on foreign anticompetitive practices that adversely affect the export of U.S. goods or services. (Sec. 313) Requires the USTR to take into account the history of intellectual property practices of a foreign country and the history of U.S. efforts to achieve adequate intellectual property protection in identifying priority foreign countries. (Sec. 314) Revises the definition of an unreasonable foreign act, policy, or practice to include the denial of nondiscriminatory market access opportunities for U.S. persons that rely upon intellectual property protection. Requires the USTR to include in a certain report identifying U.S. trade liberalization priorities a review of U.S. trade expansion priorities. Revises factors to be included in such report. Requires the USTR to negotiate an agreement with foreign priority countries that eliminates the unreasonable trade practice or, if elimination is not feasible, that provides compensatory benefits. Sets forth U.S. objectives with respect to the protection of intellectual property rights. Subtitle C: Unfair Practices in Import Trade - Amends the Tariff Act of 1930 to set forth provisions with respect to: (1) the conclusion of ITC unfair trade practices determinations; (2) entry under bond of merchandise suspected of being manufactured as a result of an unfair trade practice; (3) cease and desist orders with respect to such merchandise; (4) access to confidential information submitted to the ITC in its investigation; (5) stays of actions pending before the ITC; and (6) jurisdiction of counterclaims filed in unfair trade practices cases. Subtitle D: Textiles - Requires the Secretary of Commerce to publish in the Federal Register a list of products to be integrated as set out in the Agreement on Textiles and Clothing. (Sec. 333) Requires the Secretary to publish in the Federal Register a list of manufacturers or exporters located outside the United States who fraudulently imported textile or apparel merchandise into the United States in violation of U.S. customs laws. Requires the President to publish a list of countries who have transshipped textile or apparel products or have engaged in activities designed to evade U.S. quotas on such products. (Sec. 334) Requires the Secretary to prescribe rules implementing specified principles for determining the origin of textiles and apparel products. Subtitle E: Government Procurement - Amends the Trade Agreements Act of 1979 to extend from one year to 18 months following the initiation of dispute settlement procedures with respect to the Agreement on Government Procurement the period of time during which the President shall not take action to limit Government procurement for a participant if specified conditions are met. Extends the time period of dispute resolution procedures before certain sanctions are imposed on a signatory country for not complying with such procedures. (Sec. 342) Repeals the mandate for a study of the economic effects of the waiver of Buy American requirements in the procurement of products in labor surplus areas prior to certain trade renegotiations. (Sec. 343) Revises such Act with respect to reciprocal competitive procurement practices and the authority to bar the procurement of U.S. products from non-designated countries. Subtitle F: Technical Barriers to Trade - Declares that nothing under the Trade Agreements Act of 1979 regarding customs duties and technical barriers to trade may be construed to: (1) prohibit a Federal agency from engaging in standards-related activities, including activities related to safety, the protection of human, animal, or plant life or health, the environment, or consumers; or (2) limit a Federal agency's authority to determine the level of safety it considers appropriate in such areas. Title IV: Agriculture-Related Provisions - Subtitle A: Agriculture - Part 1: Market Access - Amends the Agricultural Adjustment Act, as reenacted by the Agricultural Marketing Agreement Act of 1937, to prohibit any quantitative limitation or fee from being imposed under such Act with respect to any product of a WTO member. (Sec. 402) Repeals specified sections of the Trade Agreements Act of 1979 regarding import restrictions on cheese and chocolate crumbs. Amends the Trade Agreements Act of 1979 to eliminate provisions authorizing the President to prohibit the entry of quota cheese. (Sec. 403) Repeals the Meat Import Act of 1979. (Sec. 404) Requires the President, in implementing the tariff-rate quotas set out in Schedule XX, to take necessary action to ensure that agricultural imports do not disrupt the orderly marketing of commodities in the United States. Sets forth provisions with respect to the application of tariff-rate quotas to imported agricultural products. (Sec. 405) Requires the President to publish in the Federal Register: (1) a list of special safeguard agricultural goods; and (2) a trigger level and price for such goods. Requires a duty to be imposed on such imports of such goods. Part II: Exports - Export Enhancement Program Amendments of 1994 - Amends the Agricultural Trade Act of 1978 to require the Commodity Credit Corporation (CCC) to carry out an export enhancement program to encourage the commercial sale of U.S. agricultural commodities in world markets at competitive prices. Extends funding levels for such program through FY 2001. (Sec. 411) Amends the Food Security Act of 1985 to extend the authority of the dairy export incentive program through FY 2001. Authorizes the Secretary of Agriculture to sell dairy products for export consistent with U.S. obligations under the Uruguay Round Agreements, if their sale will not interfere with the usual marketings of the United States nor disrupt world prices of agricultural commodities and patterns of commercial trade. Expresses the sense of the Congress that: (1) the President should consult other donor nations to consider appropriate levels of food aid commitments to meet the legitimate needs of developing countries; and (2) the United States should increase its contribution of bone fide food assistance to developing countries consistent with the Agreement on Agriculture. Part III: Other Provisions - Increases the maximum tariff rate the President may impose on imported tobacco. (Sec. 422) Amends the Agricultural Adjustment Act of 1938 to require producers, purchasers, and exporters of 1994 through 1998 price supported crops of tobacco to remit to the CCC a certain nonrefundable marketing assessment. Amends the Tariff Act of 1930 to provide a drawback (refund) on any tobacco that is subject to the over-quota rate of duty established under a tariff-rate quota. (Sec. 423) Authorizes the President to proclaim a reduction or elimination of any duty with respect to cigar binder and filler tobacco, wrapper tobacco, or oriental tobacco. (Sec. 424) Requires the President to report to the Congress on the extent to which Canada is complying with the Uruguay Round Agreements with respect to dairy and poultry products and with its related obligations under the North American Free Trade Agreement (NAFTA). (Sec. 425) Secretary of Agriculture to study and report to the Congress on the effects of the Uruguay Round Agreements on the Federal milk marketing order system. (Sec. 426) Requires the CCC to use certain funds for export promotion. foreign market development, export credit financing, and promotion of the development, commercialization, and marketing of products resulting from alternative uses of agricultural commodities. Subtitle B: Sanitary and Phytosanitary Measures - Amends the Trade Agreements Act of 1979 to require the standards information center of the Department of Commerce, among other things, to make available to the public documents and information regarding: (1) general application of sanitary or phytosanitary measures by Federal and State agencies; and (2) participation of Federal and State governments and nongovernmental bodies in international and regional standardizing bodies and conformity assessment systems, and in bilateral and multilateral arrangements regarding standards-related measures. (Sec. 431) Amends Federal law to exclude Mexico from certain requirements requiring pest inspection of Mexican railroad cars that enter the United States. Amends the Federal Plant Pest Act and the Plant Quarantine Act to repeal the current requirement of permits for the importation or interstate movement of plant pests and nursery stock. Allows such importation or movement (in the mails or otherwise) only in accordance with regulations promulgated by the Secretary of Agriculture to prevent the dissemination into the United States, or interstate, of such pests, plant diseases, or insect pests. Amends the Honeybee Act to repeal the statutory prohibition but authorize the Secretary of Agriculture to prohibit the importation of honeybees and honeybee semen into or through the United States in order to prevent the spread of diseases and parasites harmful to honeybees, the introduction of genetically undesirable honeybee germ plasm, or the introduction and spread of undesirable honeybee species or subspecies and honeybee semen. Amends the Federal Noxious Weed Act of 1974 to revise the prohibition on the importation or interstate movement of noxious weeds. Amends Federal law to repeal the statutory prohibition but authorize the Secretary of Agriculture by regulation to prohibit or restrict the importation of cattle, sheep, or other ruminants, or swine that are diseased or infected with any disease, or that have been exposed to an infection, into or through the United States in order to prevent the dissemination of disease into the United States. Changes from mandatory to discretionary the Secretary of Agriculture's authority to: (1) cause the inspection of imported animals for contagious diseases or infection; and (2) establish an international animal quarantine station. Revises the Federal Meat Inspection Act with respect to a certification by the Secretary of Agriculture that foreign plants that export meat carcasses or meat products have complied with inspection requirements. (Sec. 432) Amends the Trade Agreements Act of 1979 to require the President to designate an agency to be responsible for informing the public of the sanitary and phytosanitary standard-setting activities of each international standard-setting organization. Prohibits an agency from making a determination that a foreign sanitary or phytosanitary measure is equivalent to a U.S. sanitary or phytosanitary measure unless it determines that such foreign measure provides at least the same level of sanitary or phytosanitary protection as the U.S. measure. Subtitle C: Standards - Amends the Federal Seed Act to repeal certain seed staining requirements. Requires the Secretary of Agriculture to publish, with the reasons for it, any determination that foreign seed of alfalfa or red clover is not adapted for general agricultural use in the United States. Subtitle D: General Effective Date - Sets forth the effective date of this title. Title V: Intellectual Property - Subtitle A: Copyright Provisions - Amends the Computer Software Rental Amendments Act of 1990 to repeal the termination date of a prohibition on unauthorized commercial rental or leasing of computer programs. (Sec. 512) Amends Federal copyright law to apply existing remedies for copyright infringement where a person, without the consent of a performer: (1) fixes the sound or images of a live musical performance in a copy or phonorecord or reproduces phonorecords or copies of such a performance from an unauthorized fixation; (2) communicates to the public the sounds or images of such a performance; or (3) distributes, sells, rents, or traffics (or offers to engage in such activities) any copy or phonorecord fixed without such consent. (Sec. 513) Amends the Federal criminal code to impose criminal penalties for activities described in Section 512 that are pursued for commercial advantage or private financial gain. (Sec. 514) Replaces provisions regarding copyright in certain motion pictures with those concerning copyright in restored works. Declares that copyright subsists in restored works and vests automatically on the date of restoration. Provides that any work in which copyright is restored shall subsist for the remainder of the term of copyright that the work would have otherwise been granted in the United States if the work never entered the public domain in the United States. Provides that any work in which the copyright was ever owned or administered by the Alien Property Custodian and in which the restored copyright would be owned by a government or instrumentality thereof is not a restored work. Declares that a restored work vests initially in the author or initial rightholder of the work as determined by the law of the source country of the work. Authorizes any person owning copyright or an exclusive right in a restored work to file a notice of intent with the Copyright Office to enforce that copyright or right against reliance parties or serve such notice directly. Defines a "reliance party" as any person who: (1) engages in acts, before the source country becomes an eligible country (a country that is a World Trade Organization (WTO) member country, adheres to the Bern Convention, or is subject to a presidential proclamation of protection), which would have violated exclusive rights in copyrighted works if the restored work had been subject to copyright protection and continues to engage in such acts after the source country becomes an eligible country; (2) makes or acquires copies or phonorecords of the work before the source country becomes an eligible country; or (3) as the result of the sale or other disposition of a derivative work or significant assets of a person described in (1) or (2), is a successor, assignee, or licensee of such a person. Sets forth remedies for infringement of copyrights in restored works. Permits the President, whenever a foreign nation extends to U.S. authors restored copyright protection on substantially the same basis as provided under this Act, to extend restored protection by proclamation to any work: (1) of which one or more of the authors is a national, domiciliary, or sovereign authority of such nation; or (2) which was first published in such nation. Subtitle B: Trademark Provisions - Amends the Trademark Act of 1946 to consider nonuse of a mark for three (currently, two) consecutive years to be prima facie evidence of abandonment. (Sec. 522) Makes trademarks regarding geographic indications, when first used in connection with wines or spirits one year after the WTO Agreement's enactment date, nonregistrable if the geographic indication is a place other than the origin of the goods. Subtitle C: Patent Provisions - Amends Federal patent law to extend U.S. intellectual property protections to inventions that are made in other countries by persons who are domiciled in a North American Free Trade Agreement (NAFTA) country or WTO member country and who are serving in any other country in connection with operations by or on behalf of the United States, a NAFTA country, or a WTO member country. (Sec. 532) Revises Federal patent law to establish a 20-year patent term from the date of filing. Provides that, if the issuance of an original patent is delayed because of a proceeding regarding situations where a patent application would interfere with a pending application or with an unexpired patent, the term of the patent shall be extended for the period of delay up to five years. Provides the same extension for delays due to appellate review by the Board of Patent Appeals or a Federal court. Requires the term of a patent that is in force or results from an application filed within six months after this Act's enactment date to be the greater of the 20-year term or 17 years from grant, subject to any terminal disclaimers. Sets forth provisions with respect to the filing of a provisional application for a patent. Specifies that a provisional application shall not be entitled to the right of priority of any other application or the benefit of an earlier filing date in the United States. Directs the Commissioner of the Patent and Trademark Office to charge a $150 filing fee on each provisional application for an original patent. (Sec. 533) Deems offering to sell or import a patented invention into the United States to be patent infringement. Title VI: Related Provisions - Subtitle A: Expiring Provisions - Amends the Trade Act of 1974 to extend, through July 31, 1995, duty-free treatment of the products of beneficiary developing countries under the Generalized System of Preferences. (Sec. 601) Requires certain articles that enter the United States after September 30, 1994, and before the enactment of this Act, to be liquidated or reliquidated as free of duty and a refund to be paid with respect to such entries. (Sec. 602) Amends the Harmonized Tariff Schedule of the United States to extend, through January 1, 2007, the requirement that the Secretaries of Commerce and of the Interior: (1) verify the wages paid by each producer to permanent residents of the U.S. insular possessions during the preceding year; and (2) issue to each producer a production incentive certificate for the applicable amount. Extends the authority of the production incentive certificate, number PIC-EV-89. Subtitle B: Certain Customs Provisions - Amends the Consolidated Omnibus Budget Reconciliation Act of 1985 to revise provisions concerning the reimbursement of certain customs user fees. (Sec. 612) Increases the customs user fees for certain imported merchandise. Subtitle C: Conforming Amendments - Amends Federal trade laws to make conforming amendments. Title VII: Revenue Provisions - Subtitle A: Withholding Tax Provisions - Amends the Internal Revenue Code (IRC) to require tax withholding on payments made to a member of an Indian tribe from profits from gaming activity. (Sec. 702) Provides for voluntary withholding on specified Federal payments and on unemployment compensation. Subtitle B: Provisions Relating to Estimated Taxes and Payments and Deposits of Taxes - Requires amounts included in gross income for foreign shareholders and controlled foreign corporations to be taken into account in computing annualized income installments. (Sec. 712) Specifies time requirements for the deposit of certain excise taxes. (Sec. 713) Reduces the rate of interest to be paid on certain corporate overpayments. Subtitle C: Earned Income Tax Credit - Makes military personnel stationed outside the United States eligible for the earned income credit. (Sec. 722) Makes certain nonresident aliens ineligible for such tax credit. (Sec. 723) Disregards the income of inmates at penal institutions in determining such tax credit. Subtitle D: Provisions Relating to Retirement Benefits - Extends the authority to transfer excess pension assets to retiree health benefit accounts. (Sec. 733) Increases the percentage of social security benefits paid to nonresidents that must be included in gross income. Subtitle E: Other Provisions - Provides for partnership distributions of marketable securities. (Sec. 742) Requires taxpayer identification numbers at birth. (Sec. 743) Extends the authority of the Internal Revenue Service to impose certain user fees. (Sec. 744) Removes the reduction of the understatement penalty for corporations for items attributable to tax shelters. Subtitle F: Pension Plan Funding and Premiums - Retirement Protection Act of 1994 - Amends requirements for pension plan funding, including: (1) minimum funding, revising additional funding requirements for single-employer plans; (2) limitation on changes in current liability assumptions; (3) anticipation of bargained benefit increases; (4) modification of the quarterly contribution requirement; and (5) exceptions to the excise tax on nondeductible contributions. (Sec. 761) Makes similar amendments to the Employee Retirement Income Security Act of 1974 (ERISA) for pension plan funding. (Sec. 766) Prohibits benefit increases or other changes which increase plan liabilities where a plan sponsor is in bankruptcy. (Sec. 767) Amends IRC and ERISA with respect to: (1) single sum distributions; and (2) adjustments to the lien for missed minimum funding contributions. (Sec. 771) Amends title IV (Plan Termination Insurance) of ERISA to revise requirements relating to reportable events. (Sec. 772) Requires that specified additional information be furnished to the Pension Benefit Guaranty Corporation (PBGC). (Sec. 773) Revises provisions for enforcement of minimum funding requirements. (Sec. 774) Phases out the variable rate premium cap. (Sec. 775) Requires the plan administrator of a plan subject to a specified additional premium to notify plan participants and beneficiaries of the plan's funding status and the limits on the PBGC's guaranty should the plan terminate while underfunded. (Sec. 776) Adds provisions relating to missing participants. (Sec. 777) Revises provisions relating to modification of the maximum guarantee for disability benefits. (Sec. 781) Sets forth effective dates for this Act. Title VIII: Pioneer Preferences - Amends the Communications Act of 1934 to prohibit the Federal Communications Commission (FCC) from awarding licenses pursuant to preferential treatment accorded by the FCC to persons who make significant contributions to the development of a new telecommunications service or technology, except in accordance with this title. (Sec. 801) Requires the FCC to recover for the public a portion of the value of the public spectrum resource made available to such persons by requiring them, as a condition for receipt of licenses, to agree to pay a specified sum. Provides for such payments to be made in a lump sum or in guaranteed installment payments, with or without royalty payments, over a period of up to five years. Directs the FCC to prescribe regulations specifying the procedures and criteria by which it will evaluate applications for such preferential treatment in licensing. Requires such regulations to: (1) specify the procedures and criteria by which the significance of such contributions will be determined; (2) include procedures to prevent unjust enrichment by ensuring that the value of the contribution justifies any reduction in amounts paid for licenses; and (3) be inapplicable to applications that have been accepted for filing before September 1, 1994. Sets forth requirements with respect to treatment of broadband licenses awarded pursuant to preferential treatment accorded in the Third Report and Order in General Docket 90-314, including that the FCC: (1) not reconsider the award of such specified preferences and not delay the granting of licenses based on such awards; (2) not alter the bandwidth or service areas designated for such licenses in such Report and Order; (3) use the broadband licenses in the personal communications services for blocks A and B for the 20 largest markets (ranked by population) in which no applicant has obtained preferential treatment; (4) permit installment payments over a period of five years subject to specified conditions; and (5) recover an amount equal to $400 million for such licenses. Terminates the FCC's authority to provide preferential treatment as described by this title on September 30, 1998. Applies this title to any licenses issued on or after August 1, 1994, pursuant to preferential treatment procedures.

Incorporation of the CFSP in the EC budget

European Union · European Parliament · 26 September 1994

A bill to extend for an additional two years the period during which medicare select policies may be issued.

United States · United States Congress · 26 September 1994

Amends the Omnibus Budget Reconciliation Act of 1990 to extend from three years to five years the period during which Medicare select policies may be issued.

Common Cents Budget Reform Act of 1994

United States · United States Congress · 23 September 1994

TABLE OF CONTENTS: Title I: Reform of Baseline Budget Title II: Changes in Discretionary Spending Limits Title III: Expedited Rescissions and Targeted Tax Benefits Title IV: Treatment of Emergency Spending Common Cents Budget Reform Act of 1994 - Title I: Elimination of Baseline Budgeting - Baseline Budgeting Reform Act of 1994 - Amends the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings) with respect to the baseline to remove requirements for inflation adjustments, except for purposes of adjusting discretionary spending limits. Removes the requirement that adjustments made for expiring housing contracts be sequential and cumulative. Requires the President's budget to include: (1) estimated expenditures and appropriations for the current year; (2) new budget authority in budget outlay comparisons; and (3) a certain comparison of levels of estimated expenditures and proposed appropriations that includes the proposed increase or decrease in spending in percentage terms. Amends the Congressional Budget Act of 1974 to make conforming changes to the development of the concurrent resolution on the budget. Amends the Congressional Budget Act of 1974 to require the Congressional Budget Office to include in reports to budget committees certain current year comparisons and a table on sources of spending growth under current law in total mandatory spending for the budget year and the ensuing four fiscal years. Requires the Director of the Congressional Budget Office to report annually to the Congress on all programs and activities with permanent or indefinite spending authority or those programs for which budget authority is not provided for in advance by appropriation Acts. Title II: Changes in Discretionary Spending Limits - Guaranteed Spending Cut Act of 1994 - Reduces discretionary spending limits for new budget authority for any fiscal year by the amount in the Deficit Reduction Account. Requires each appropriation or rescission bill to contain a Deficit Reduction Account containing amounts resulting from reduced spending. Title III: Expedited Rescissions and Targeted Tax Benefits - Modified Line Item Veto/Expedited Rescission Act of 1994 - Amends the Congressional Budget and Impoundment Control Act of 1974 to provide for the expedited consideration of proposed rescissions of budget authority or repeals of targeted tax benefits. Title IV: Treatment of Emergency Spending - Emergency Appropriations Integrity Act of 1994 - Limits emergency appropriations and legislation to the matter of emergency. Allows such a statute to contain rescissions of budget authority or provisions that reduce spending. Makes it out of order in the House of Representatives or the Senate to consider any bill or joint resolution containing an emergency designation, if the legislation provides an appropriation for any other item or matter.

Nevada Forest Protection Act

United States · United States Congress · 23 September 1994

Nevada Forest Protection Act - Directs the Secretaries of Agriculture and the Interior to: (1) identify and clear of forest fuels high-fire-risk Federal forest lands in Nevada; and (2) submit to the Congress a fire prevention plan and budget. Authorizes appropriations.

projet de loi de finances pour 1995

France · Senate · 22 September 1994

To extend for an additional two years the period during which medicare select policies may be issued.

United States · United States Congress · 22 September 1994

Amends the Omnibus Budget Reconciliation Act of 1990 to extend from three years to five years the period during which Medicare select policies may be issued.

Alice M. Rivlin, of the District of Columbia, to be Director of the Office of Management and Budget, vice Leon E. Panetta.

United States · United States Senate · 19 September 1994

1995 budget - Section III

European Union · European Parliament · 14 September 1994

ECSC 1995 operating budget and adjustment of borrowing and lending policy in view of expiry of Treaty (23 July 2002)

European Union · European Parliament · 14 September 1994

1995 budget - other sections

European Union · European Parliament · 14 September 1994

Roosevelt Lake Recreation Area Fee Act

United States · United States Congress · 13 September 1994

Roosevelt Lake Recreation Area Fee Act - Authorizes the Secretary of Agriculture to establish and collect recreation use fees and to sell recreation use passes at designated recreation sites within the Roosevelt Lake Recreation Area in the Tonto National Forest, Arizona. Prohibits the Secretary from: (1) collecting such fees for the use or provision in the Area of drinking water, wayside exhibits, toilet facilities, general purpose roads, overlook sites, or general information; or (2) imposing or collecting a fee from Federal, State, or local officers or employees authorized by the Secretary to perform administrative duties at recreation sites in the Area. Entitles holders of valid Golden Age Passports or Golden Access Passports to use a recreation site within the Area for half the applicable recreation use fee. Provides that such fees shall be in lieu of any recreation use fee. Provides that such fees shall be lieu of any recreation use fees for such sites under the Land and Water Conservation Fund Act of 1965 or the Omnibus Budget Reconciliation Act of 1993. (Sec. 6) Terminates the authority of the Secretary to establish and collect fees or to sell such passes at the end of the seven-year period beginning on the enactment of this Act. Requires the Secretary to report to specified congressional committees regarding modifying or extending the authority to sell recreation use fees and passes. (Sec. 7) Requires the funds received from recreation use fees and passes sold to be deposited in a special account in the Treasury. Permits Fund amounts to be used for: (1) operation, maintenance, and management of recreation sites within the Area; (2) interpretation and management of the Area's resources; and (3) administrative costs associated with such activities.

Bipartisan Health Care Reform Commission Act of 1994

United States · United States Congress · 13 September 1994

Bipartisan Health Care Reform Commission Act of 1994 - Establishes an independent Bipartisan Health Care Reform Commission to: (1) conduct an analysis of the health care systems of the States, as well as proposed or enacted reforms of such systems, and of the problems relating to Federal programs and policies relating to health care; (2) analyze private sector health systems; and (3) make recommendations on reforms that the Congress should consider in response to the findings of the analyses. Directs the Commission to: (1) hold at least five public hearings; and (2) report to the Congress on the state of health care in the United States. Sets forth provisions regarding procedures for congressional consideration of any recommendations of the Commission and review of any bill proposed by the Commission or an appropriate committee by the Director of the Congressional Budget Office.

Providing that the House should not consider health care legislation in violation of section 252 of the Balanced Budget and Emergency Deficit Control Act of 1985 or any health care legislation that amends or supercedes that section.

United States · United States Congress · 13 September 1994

Declares that no health care legislation should be considered by the House of Representatives that would cause a sequestration under the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings), or that would amend or supercede a sequestration.

REPORT FROM THE COMMISSION ON GUARANTEES COVERED BY THE GENERAL BUDGET- SITUATION AT 31 DECEMBER 1993

European Union · European Commission · 8 September 1994

A bill to amend title 38, United States Code, to establish in the Department of Veterans Affairs an Office for Women Veterans and an Office for Minority Veterans, and for other purposes.

United States · United States Congress · 25 August 1994

Establishes in the Department of Veterans Affairs an Office for Minority Veterans, headed by a Director who shall be appointed by the Secretary of Veterans Affairs. Outlines Director duties with respect to advising, making recommendations, promoting, and disseminating information with respect to the implementation of policies and programs affecting veterans who are minority group members (Asian American, Black, Hispanic, Native American, or Pacific-Islander American). Requires the Secretary to include in budget documents submitted to the Congress each year information with respect to the Office's budget. Directs the Secretary to establish the Advisory Committee on Minority Veterans. Requires the Committee to report biennially to the Secretary, who shall report to the Congress, on Department programs and activities that pertain to minority veterans. Directs the Secretary to designate an appropriate official at each Department regional and medical facility to serve as minority affairs officer. Establishes in the Department an Office for Women Veterans, headed by a Director appointed by the Secretary. Outlines Director duties with respect to advising, making recommendations, promoting, and disseminating information with respect to the adoption of policies and programs affecting women veterans. Requires the Secretary to include in budget documents submitted to the Congress each year information with respect to the Office's budget. Requires the inclusion on the Advisory Committee on Women Veterans of members representing women veterans who do and who do not have experience in a military theater of operations.

Emergency Spending Control Act of 1994

United States · United States Congress · 24 August 1994

Emergency Spending Control Act of 1994 - Amends the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act) to limit emergency appropriations and legislation to the matter of emergency. Allows such a statute to contain rescissions of budget authority. Makes it out of order in the House of Representatives or the Senate to consider any bill or joint resolution containing an emergency designation if the legislation provides an appropriation for any other item or matter.

Judicial Amendments Act of 1994

United States · United States Congress · 18 August 1994

Judicial Amendments Act of 1994 - Amends the Federal judicial code to make moneys in the Judiciary Automation Fund available to the Director of the Administrative Office of the United States Courts for: (1) the procurement of automatic data processing equipment (equipment) for program activities included in the courts of appeals, district courts, and other judicial services account of the judicial branch; and (2) support personnel in the courts and in the Administrative Office. Authorizes all agencies of the judiciary to make deposits into the Fund. Requires the Director to develop and annually revise a long range plan for meeting the equipment needs of the activities funded, including an annual estimate of certain fees that may be collected under the Judiciary Appropriations Act, 1991. Provides for the deposit into the Fund of such fees. Requires the Director's annual report to the Congress on the operation of the Fund to include: (1) the specific actions taken and progress made to improve the plan developed, the long range automation plan, and the strategic business plan; and (2) a comparison of planned and actual Fund expenditures and accomplishments and reasons for any delays in scheduled systems development or budget overruns. Authorizes the Director to transfer amounts up to $1 million from the Fund into the account to which the Funds were originally appropriated, with amounts in excess of that sum in any fiscal year permitted to be transferred only by following specified reprogramming procedures. Requires the Director to: (1) develop an overall strategic business plan which would identify the judiciary's missions, goals, and objectives, and a long range automation plan based on the strategic business plan and user needs assessments; (2) establish effective Administrative Office oversight of court automation efforts; (3) expedited efforts to complete the development and implementation of life cycle management standards; (4) utilize the standards in developing the next generation of case management and financial systems; and (5) assess the current utilization and future user requirements of the data communications network. Amends: (1) the Judicial Improvements and Access to Justice Act to authorize appropriations for court arbitration; and (2) the Civil Justice Reform Act of 1990 to extend civil justice expense and delay reduction pilot programs.