Defence

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.

Competitive Communities Demonstration Act of 1994

United States · United States Congress · 27 September 1994

Competitive Communities Demonstration Act of 1994 - Amends the Public Works and Economic Development Act of 1965 (the Act) to direct the Secretary of Commerce to establish and carry out a Competitive Communities Demonstration Program under which the Secretary makes grants to eligible intermediaries to provide financial assistance to high growth businesses in distressed communities. Outlines grant application requirements and directs the Secretary to establish a panel of experts to review grant applications. Requires the panel to use specified criteria in its review and to give special consideration to applicants who: (1) operate existing revolving loan funds; (2) have applied for but failed to receive designation as empowerment zones or enterprise communities under the Internal Revenue Code; and (3) represent communities adversely affected by the closure or realignment of military installations or defense cutbacks. Provides funding from amounts appropriated under the Act. Authorizes the Secretary to guarantee loans made to private borrowers by private lending institutions, community development financial institutions, and other lenders as considered appropriate to carry out the economic adjustment purposes of the Act. Includes as eligible activities for such loans the development of land and facilities for industrial or commercial usage and the provision of working capital. Provides funding from amounts appropriated under the Act. Directs the Secretary to include in an annual report required under the Act an assessment of the competitiveness of the economic base of the Nation's distressed areas, the progress made in encouraging investment in such areas, and the success of the demonstration and guaranteed loan programs established under this Act.

Expressing the sense of the House of Representatives that aviators who meet the qualification standards of the Air Forces Escape and Evasion Society should be granted recognition for meritorious service by the Department of Defense.

United States · United States Congress · 26 September 1994

Expresses the sense of the House of Representatives that aviators who meet the qualification standards of the Air Forces Escape and Evasion Society should be granted recognition for meritorious service by the Department of Defense.

Expressing the sense of the House of Representatives relating to United States Armed Forces in Haiti.

United States · United States Congress · 23 September 1994

Expresses the sense of the House of Representatives that all U.S. armed forces should be withdrawn from Haiti not later than December 31, 1994.

To amend the Stewart B. Mckinney Homeless Assistance Act to modify the process by which unutilized and underutilized buildings and real property resulting from the closure or realignment of military installations are made available to assist the homeless.

United States · United States Congress · 22 September 1994

Amends the Stewart B. McKinney Homeless Assistance Act to modify the process by which real property from closed military bases is made available to the homeless.

Expressing the sense of the House of Representatives with respect to the situation in Haiti.

United States · United States Congress · 22 September 1994

Supports the return of Jean Bertrand Aristide as President of Haiti. Urges the Haitian military to ensure a peaceful transition. Calls for: (1) the earliest possible retirement of certain Haitian military leaders; and (2) the President of the United States to return to the United States at the earliest practicable date all U.S. armed forces (except those participating in long-term peacekeeping activities with the United Nations).

A resolution to express the sense of the Senate concerning the future commitment of U.S. military forces overseas.

United States · United States Congress · 21 September 1994

Expresses the sense of the Senate that the United States should: (1) not commit forces to combat in future conflicts unless it is vital to our national interest; (2) after determining that the introduction of combat troops is an absolute necessity, commit troops wholeheartedly and with the clear intention of winning; (3) have clearly defined political and military objectives for committing forces and know precisely how U.S. forces will accomplish such objectives; (4) continually reassess and readjust, if necessary, the relationship between U.S. objectives and the U.S. forces that have been committed; (5) commit no forces without the reasonable assurance that the American people and the Congress support the action; and (6) only commit forces to combat as a last resort.

Gun Victim Compensation Act

United States · United States Congress · 20 September 1994

Gun Victim Compensation Act - Amends the Federal criminal code to make any person who sells, delivers, or otherwise transfers a firearm to a juvenile, felon, or other disqualified individual, or a handgun to a person who the transferor knows or has reasonable cause to believe is a juvenile liable for damages caused by a discharge of the transferred firearm by the transferee. Makes exceptions, including for certain temporary transfers to a juvenile who uses a handgun in the course of employment relating to ranching or farming with the prior written consent of a parent or guardian and for the issuance of a handgun to a juvenile who is a member of the armed forces or National Guard. Authorizes an action for damages to be brought in a U.S. district court by, or on behalf of, any person who suffers damages resulting from bodily injury or death caused by a discharge of the transferred firearm by the transferee. Specifies that there shall be no liability under this Act if it is established by a preponderance of the evidence that: (1) the damages were suffered by an individual who was engaged in a criminal act against the person or property of another at the time of the injury; or (2) the injury was self-inflicted unless the plaintiff establishes that, at the time of the transfer, the transferor knew or had reasonable cause to believe that the transferee had not attained age 18 or had been adjudicated as a mental defective or committed to a mental institution. Limits actions to those brought within five years after the date of the transfer of the firearm. Requires that a prevailing plaintiff be awarded attorney's fees. Permits the award of punitive damages.

A resolution concerning the use of United States forces and military operations in Haiti.

United States · United States Congress · 20 September 1994

Expresses the sense of the Senate that the Congress should vote on or before October 15, 1994, on a measure containing specific authorization for the use of U.S. forces and military operations in Haiti.

A resolution commending the President and the special delegation to Haiti, and supporting the United States Armed Forces in Haiti.

United States · United States Congress · 20 September 1994

Declares that the Senate: (1) commends the efforts of the President in sending former President Jimmy Carter, retired General Colin Powell, and Senator Sam Nunn to Haiti to avoid the loss of American lives; (2) supports the U.S. armed forces in Haiti who are performing with excellence and patriotism; (3) supports the departure from power of the de facto authorities there and Haitian efforts to return democracy; (4) supports lifting of U.S. unilateral economic sanctions and U.N. resolutions supporting such sanctions; and (5) supports the withdrawal of U.S. armed forces as soon as possible.

A resolution to express the sense of the Senate regarding the appropriate portrayal of men and women of the Armed Forces in the upcoming National Air and Space Museum's exhibit on the Enola Gay.

United States · United States Congress · 19 September 1994

Expresses the sense of the Senate that the National Air and Space Museum's Enola Gay exhibit should reflect appropriate sensitivity toward the men and women who served in the armed forces during World War II.

Military Service Academy Honor Act

United States · United States Congress · 19 September 1994

Military Service Academy Honor Act - Directs the Secretary of Defense to establish a commission to develop recommendations for a standardized honor code for use at the military service academies and officer candidate schools (OCS) and in the Senior Reserve Officers' Training Corps (SROTC). Directs the commission to report to the Secretary and the Congress its recommendations regarding the standardization of such honor codes and whether such code should apply to the OCS and SROTC.

To express the sense of the House regarding the appropriate portrayal of men and women of the Armed Forces in the upcoming National Air and Space Museum's exhibit on the Enola Gay.

United States · United States Congress · 19 September 1994

Expresses the sense of the House of Representatives that the National Air and Space Museum's Enola Gay exhibit should reflect appropriate sensitivity toward the men and women who served in the armed forces during World War II.

Commending the President and the special delegation to Haiti, and supporting the United States Armed Forces in Haiti.

United States · United States Congress · 19 September 1994

Declares that the Congress: (1) commends the efforts of the President in sending former President Jimmy Carter, retired General Colin Powell, and Senator Sam Nunn to Haiti to avoid the loss of American lives; (2) supports U.S. armed forces carrying out their mission in Haiti; (3) supports the efforts of the President to provide for the departure from power of the de facto authorities and return to democracy; (4) affirms the commitment to national reconciliation; and (5) supports the withdrawal of U.S. armed forces as soon as possible.

National Oceanic and Atmospheric Administration Authorization Act of 1994

United States · United States Congress · 16 September 1994

TABLE OF CONTENTS: Title I: NOAA Ocean and Coastal Programs Title II: NOAA Marine Fishery Programs Title III: Administration and Other Accounts Title IV: Miscellaneous NOAA Programs Title V: Great Lakes Improvements Title VI: National Undersea Research Program National Oceanic and Atmospheric Administration Authorization Act of 1994 - Title I: NOAA Ocean and Coastal Programs - Authorizes appropriations to the Secretary of Commerce for FY 1995 and 1996 for use by the National Oceanic and Atmospheric Administration (NOAA) for the following programs and activities: (1) mapping and charting; (2) geodesy; (3) weather observation and prediction; (4) estuarine and coastal assessment; (5) deep ocean mineral and ocean energy activities; (6) marine prediction research, including research activities at the Great Lakes and the Southeast Florida and Caribbean Areas; and (7) climate and global change research activities. Title II: NOAA Marine Fishery Programs - Amends the National Oceanic and Atmospheric Administration Marine Fisheries Program Authorization Act to authorize appropriations for FY 1995 and 1996 for fisheries information collection and analysis. (Sec. 203) Authorizes appropriations for FY 1995 and 1996 for the establishment and maintenance of a scallop restoration program for Long Island Sound. (Sec. 204) Amends the Saltonstall-Kennedy Act to direct the Secretary to make grants to assist persons in carrying out research and development projects to promote the sustainable use and development of U.S. fisheries. Title III: Administration and Other Accounts - Authorizes appropriations for: (1) executive direction and administrative activities; (2) operation and maintenance of the Systems Acquisition Office; (3) central administrative support activities; (4) retired pay; and (5) marine services activities. Title IV: Miscellaneous NOAA Programs - Directs that one-sixth of the fees collected each fiscal year from the authorized sale and licensing of nautical products by NOAA be: (1) deposited into the Operations, Research, and Facilities account of NOAA; and (2) available for the acquisition and installation of Physical Ocean Real-time (PORT) Systems, the acquisition and maintenance of upgraded hydrographic survey equipment, and other National Ocean Service activities related to the modernization and improvement of maritime safety. Sets forth provisions regarding the budgetary treatment of receipts from nautical products. Directs the Secretary to deploy in Galveston Bay and the Houston Ship Channel a PORT System consisting of current, wind, tide, salinity, and water level measuring devices and necessary computer links. (Sec. 402) Expresses the sense of the Congress that NOAA should expand its efforts to develop interagency agreements to further the use of defense-related technologies, data, and other resources to support its oceanic missions. Directs the Secretary to report to the House Committee on Merchant Marine and Fisheries and the Senate Committee on Commerce, Science, and Transportation (the committees) on the feasibility of expanding the use of such technologies, data, and resources to support and enhance such missions. (Sec. 403) Requires the Secretary to report to the committees on the status of NOAA programs related to marine navigation safety. (Sec. 404) Sets forth site selection factors regarding a replacement for the National Marine Fisheries Service Lab at Tiburon, California. Authorizes appropriations for FY 1995 for architecture and engineering studies regarding such replacement. (Sec. 405) Directs the Secretary to: (1) report to the committees on Department of Commerce needs for facilities for the National Marine Sanctuary Program; (2) establish a PORT System for San Francisco Bay after conducting a hydrodynamics study of the Bay (and authorizes appropriations); and (3) convey to Massachusetts the National Marine Fisheries Service Laboratory at Gloucester, Massachusetts, under certain terms and conditions, including continued use of such property by the National Marine Fisheries Service. (Sec. 408) Provides reimbursement from the United States to NOAA after settlement of a collision damage claim involving the NOAA research vessel DISCOVERER, for use in vessel repair. (Sec. 409) Authorizes the Secretary to enter into specified contracts for FY 1995 and 1996 to implement the NOAA fleet modernization plan. Limits expenditures for repairs and maintenance under the NOAA Fleet Modernization Act. (Sec. 410) Directs the Secretary to: (1) contract with the Marine Board of the National Research Council to examine and report on the appropriate role of the NOAA Corps in supporting NOAA missions (and authorizes appropriations); (2) report to the committees on the effects of climate and global change on the Nation's major freshwater systems; (3) promote and coordinate the use of National Estuarine Research Reserves for research, monitoring, and education purposes; and (4) study and report to the committees on the effects of feeding noncaptive dolphins in the Gulf of Mexico and Southern Atlantic Ocean. (Sec. 414) Amends the boundaries of the Flower Garden Banks National Marine Sanctuary to include the Stetson Bank. (Sec. 415) Revises an Act authorizing appropriations to carry out the Marine Mammal Protection Act of 1972 to: (1) provide for the administration of the National Coastal Resources Research and Development Institute by the Oregon State System of Higher Education; (2) direct the Institute to promote U.S. economic growth and prosperity by transferring research and technology into applications to improve the economic, environmental, and social well-being of the Nation's coastal communities and the competitiveness of coastal businesses; and (3) make changes with respect to membership of the Board of Governors and the Advisory Council and provide for reports annually to the Congress and biennially to the Secretary. (Sec. 416) Expresses the sense of the Congress that NOAA should develop and promote programs that recruit minorities and women for education in the sciences and take actions to increase the direct involvement of underrepresented minorities in coastal and ocean resource stewardship programs. (Sec. 417) Repeals a provision of the National Oceanic and Atmospheric Administration Act of 1992 requiring the establishment of a NOAA Chesapeake Bay Estuarine Resources Office if the Secretary fails to obligate specified funds appropriated for oyster disease research by December 1, 1994. (Sec. 418) Authorizes the Secretary to expend specified sums to acquire, construct, install, and maintain equipment with respect to weather reporting stations in Prince William Sound, Alaska. (Sec. 419) Directs the Secretary to purchase from the private sector remotely sensed science data. (Sec. 420) Expresses the sense of the Congress that equipment and products purchased with funds made available in this Act should be American-made. Title V: Great Lakes Improvements - National Oceanic and Atmospheric Administration Great Lakes Improvements Act - Authorizes the Under Secretary of Commerce for Oceans and Atmosphere to establish and maintain within NOAA a Great Lakes Office in the Washington, D.C. area. (Sec. 503) Directs the Under Secretary to prepare and submit to the Congress an annual Great Lakes Report. (Sec. 505) Authorizes appropriations. Title VI: National Undersea Research Program - National Undersea Research Program Act of 1994 - Directs the Under Secretary to establish and maintain in NOAA a National Undersea Research Program, conducted by a National Undersea Research Centers. Establishes in NOAA the Office of Undersea Research. Sets forth provisions regarding duties of the program director and priority research areas. (Sec. 604) Directs the Under Secretary to establish an independent National Undersea Research Advisory Committee. (Sec. 605) Assigns specified regions to certain existing centers. Provides for the establishment of new centers. Allows the Under Secretary to solicit proposals for the establishment of a new Center. Provides for reviews of proposals and of the operation of each Center and the configuration of undersea regions. Directs the Under Secretary to establish a Center to conduct the Program for the Gulf of Mexico undersea region. (Sec. 606) Requires each Center Director to annually solicit individual proposals from the scientific community for research to advance the priority research areas of the Program. Sets forth provisions regarding the proposal review process, the proposed Center Program, and review of proposed Center Programs. (Sec. 607) Directs the Under Secretary to develop procedures for the submittal and joint review of proposals for research in priority research areas and to issue final rules. (Sec. 608) Authorizes the Under Secretary to make grants and enter into contracts and cooperative agreements to fund any Center program if the Under Secretary finds that the program will advance knowledge in the priority research areas. (Sec. 609) Specifies that grants and contracts under the Program shall not be subject to review by the Financial Assistance Review Board. (Sec. 610) Authorizes appropriations.

A bill to increase the amount authorized to be appropriated for assistance for highway relocation regarding the Chickamauga and Chattanooga National Military Park in Georgia, and for other purposes.

United States · United States Congress · 13 September 1994

Increases the authorization of appropriations for the National Park Service to assist Georgia in relocating a highway affecting the Chickamauga and Chattanooga National Military Park.

International Narcotics Control Corrections Act of 1994

United States · United States Congress · 13 September 1994

International Narcotics Control Corrections Act of 1994 - Amends the Foreign Assistance Act of 1961 to redefine a "major illicit drug producing country" as a country in which 1,000 hectares or more of illicit opium poppy or coca is cultivated or harvested annually or 5,000 hectares or more of illicit cannabis is cultivated or harvested annually unless the President determines that such cannabis production does not significantly affect the United States. Provides for advance notification to the appropriate congressional committees of any transfer by the Government to a foreign country, for narcotics control purposes, of property or funds seized or forfeited in connection with narcotics-related activities. Reallocates foreign assistance (currently, security assistance) withheld from countries that fail to take adequate steps to halt illicit drug production or trafficking. Extends certain international narcotics control strategy reporting requirements and annual certification procedures for FY 1993 and 1994 through FY 1995. Makes such requirements and procedures currently applicable after September 30, 1994, effective after September 30, 1995 (the beginning of FY 1996). Repeals specified international narcotics control Acts. Exempts specified narcotics control-related transfers of excess defense articles, foreign military financing, and international military education and training from a prohibition on assistance to foreign law enforcement agencies. Waives all restrictions on assistance (except for countries that are "decertified" under narcotics control certification provisions) with respect to narcotics-related assistance provided during FY 1995 if the President notifies the appropriate congressional committees in advance. Authorizes the President to furnish assistance to any country or international organization during FY 1995 for the prevention and suppression of international criminal activities. Exempts such assistance from the prohibition on assistance to foreign law enforcement agencies. Requires the President to take steps to ensure that the immediate relatives of any individual involved in drug trafficking are not permitted entry into the United States consistent with the Immigration and Nationality Act.

To make certain technical amendments relating to the State Department Basic Authorities Act of 1956, the United States Information and Educational Exchange Act of 1948, and other provisions of law.

United States · United States Congress · 13 September 1994

Makes technical corrections to the Foreign Relations Authorization Act, Fiscal Years 1994 and 1995. Amends the Foreign Service Act of 1980 to exclude certain U.S. citizens hired at posts abroad who are not family members of U.S. Government employees from coverage under Foreign Service grievance provisions. Prohibits the sale or lease of defense articles or services by the U.S. Government to any country or international organization that is known to have sent letters to U.S. firms requesting compliance with, or soliciting information regarding compliance with, the secondary or tertiary (currently, primary or secondary) Arab League boycott unless the President certifies to the appropriate congressional committees that the country or organization does not currently maintain such a policy or practice. Amends the Immigration and Nationality Act to extend the pilot visa waiver program through FY 1995. Authorizes the Secretary of State to expend a specified amount from the Department of State's Diplomatic and Consular Programs appropriation for the purchase of real property for use by the Department of State for its Miami Regional Center. Establishes principles for Voice of America broadcasts. Amend the United States Information and Educational Exchange Act of 1948 to extend a provision which authorizes the U.S. Information Agency (USIA) to transfer funds between accounts during the second fiscal year of an appropriation cycle. Requires that significant consideration be given to foreign language competence in the evaluation, assignment, and promotion of Foreign Service officers of the Department of State, Agency for International Development, and USIA. Authorizes the USIA Director to administer au pair programs through FY 1995. Permits funds derived from the sale of real property assets of Radio Free Europe/Radio Liberty in Munich, Germany, to be expended to meet one-time costs associated with the consolidation of U.S. Government broadcasting activities.

Missing Service Personnel Act of 1994

United States · United States Congress · 13 September 1994

Missing Service Personnel Act of 1994 - Requires the military commander of the unit, facility, or area to which the following persons are assigned to conduct an investigation as to their whereabouts after receiving factual information that their status is uncertain: (1) military personnel who disappear during a period of war, national emergency, or hostilities; and (2) any civilian Federal employee (including an employee of a Federal contractor) who serves with or accompanies an armed force in the field during such a period. Requires such persons to be placed in a missing status and requires notification of such status to either the officer having general court-martial authority over the person (for military personnel) or the Secretary of the military department employing such person (for civilian and contractor employees). Requires such officials to be kept informed (specifies deadlines) as to all information and inquiries concerning efforts to locate such missing personnel. Requires such officials to appoint a board to conduct an inquiry into the whereabouts and status of such persons. Provides for: (1) board composition, activities, and access to information; (2) inquiry proceedings (requiring the appointment of counsel, with specified duties, to represent the missing person); (3) a board recommendation as to the official status of a person following such an inquiry; (4) board reports to the officials involved as to board conclusions (prohibiting public availability of such reports for a one-year period); (5) report review by the official; (6) a report from such official to interested persons; and (7) an additional investigation and inquiry by an additional board upon receipt of new information within one year after the date of the first official notice of a person's disappearance. Allows interested persons (family members, dependents, next of kin) to participate at the proceedings of the board during such additional inquiry. Provides for the availability of appropriate information to board personnel conducting investigations and inquiries. Provides similar procedures for the second board with respect to meetings (open to the public, with exceptions), recommendations, reports, review by the Secretary of the military department concerned, and reports to interested persons. Requires a board to be reconvened when information becomes available that would directly lead to a determination of a person's status. Requires the Secretary concerned to appoint a board to conduct an inquiry as to the status of a missing person: (1) on or about three years after the first official notice of the disappearance of such person; and (2) not later than every three years thereafter until a total of 12 years after the first official notice. Provides for: (1) the release to a board by the Secretary concerned of all personnel file information concerning missing persons; (2) the treatment of classified information; (3) penalties for the wrongful withholding of information; (4) limited circumstances under which a board may recommend that a missing person be declared officially dead; (5) the submission by the board of appropriate information if such recommendation occurs; and (6) judicial review for interested persons of a board decision to declare a person officially dead. Provides for the appointment of a board to review the status of a person previously declared dead, with board procedures similar to those described above. Requires a person previously declared dead or in a missing status who is subsequently found alive to be paid for the full time of their absence.

To amend title 38, United States Code, to direct the Secretary of Veterans Affairs to establish a permanent, confidential database and toll-free telephone line for the collection of medical information concerning members of the Armed Forces and veterans.

United States · United States Congress · 12 September 1994

Directs the Secretary of Veterans Affairs, in order to provide information for the detection of patterns of illnesses among military personnel and veterans, to maintain a database of the medical histories, service histories, and relevant personal information of military personnel deployed for any operational mission (beginning with the one in Somalia in 1992-1993) and their spouses and children. Requires permission of the individual before inclusion of information concerning such individual in the database. Requires confidentiality of individual identities represented in the database. Directs the Secretary to maintain a toll-free telephone number to allow military personnel and veterans to report information for inclusion in the database. Allows the Secretary to make database information available to accredited institutions of higher education and other appropriate institutions for medical studies and related research. Directs the Secretary to report annually to appropriate congressional committees on the operation of the database and the toll-free telephone number.

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.

National Parks Airspace Management Act of 1994

United States · United States Congress · 25 August 1994

National Parks Airspace Management Act of 1994 - Prohibits a commercial air tour operator from flying over a National Park System (NPS) unit at less than 3,000 feet above ground level unless there is an agreement among the operator, the Administrator of the Federal Aviation Administration (FAA), and the Director of the National Park Service (Service) specifying otherwise. Requires the Administrator and the Director to jointly take appropriate actions to: (1) determine and implement the most practical and effective means of minimizing the effects of commercial air tour flights over NPS units; and (2) conduct periodic training of FAA employees and the Service on matters relating to such implementation. (Sec. 4) Requires the Administrator to initiate formal rulemaking procedures to prescribe: (1) a new subpart of the Code of Federal Regulations relating to air taxi operators and commercial operators which would specifically cover all commercial air tour operators that conduct commercial air tour flights over NPS units; and (2) a single operational rule which would govern the conduct of fixed-wing and rotorcraft flights by such operators over NPS units. Allows the Director to prescribe separate operational rules for flights by fixed-wing aircraft and by rotorcraft if they are warranted. (Sec. 6) Requires the Director to: (1) prescribe criteria to identify NPS units where air tour flights by commercial air tour aircraft are incompatible with or injurious to the purposes and values for which such units were established; and (2) identify and designate the units which meet such criteria. Prohibits commercial air tour flights over such designated NPS units. Makes exceptions for operators that conducted flights as of December 31, 1993, or that commenced conducting flights between January 1, 1994, and the date of enactment of this Act. (Sec. 7) Requires the Director and the Administrator to establish, review, and revise plans for the management of the airspace above other NPS units that are: (1) affected by commercial air tour flights to such an extent that the Director considers the units to require an airspace management plan; or (2) units over which no commercial air tour flights occurred before the enactment of this Act but over which an operator proposes to conduct such flights. Permits flights over NPS units that require management plans and over units not requiring such plans only pursuant to agreements with the Director and the Administrator. Provides for continued flights by existing operators pending development of such a plan or negotiation of such an agreement. (Sec. 8) Exempts an aircraft experiencing an in-flight emergency from the provisions of this Act. Prohibits: (1) military aircraft from conducting flights below 3,000 feet over a NPS unit unless otherwise provided in a Memorandum of Understanding between the Director and the Secretary of Defense; and (2) an aircraft or rotorcraft engaged in commercial aerial photography from conducting flights below 3,000 feet above such NPS units without receiving advance written permission from the appropriate FAA Flight Standards District Office and the NPS unit superintendent concerned. Authorizes NPS unit superintendents to collect fees for such photography. (Sec. 9) Requires each commercial air tour aircraft operator to display on each of his or her aircraft specified identification marks. Requires: (1) the Administrator to study the feasibility and advisability of requiring that aircraft and rotorcraft operating in NPS units airspace have on board in automatic flight tracking system capable of monitoring altitude and ground position; (2) the operators of such aircraft and rotorcraft to have such monitoring system installed if the Administrator determines its use to be feasible; and (3) the Director to ensure NPS personnel monitor the altitude and position of craft with such system and report violations. Requires: (1) the Administrator to ensure that boundaries of each NPS unit and the provisions of the airspace management plan, operational rule, or Special Federal Regulation, if any, with respect to such unit are accurately reflected on aeronautical charts; and (2) the Director to develop educational materials for public distribution on air tour flights over NPS units by commercial air tour operators. (Sec. 10) Establishes the National Park Overflight Advisory Council to: (1) determine the effects on the environment of NPS units of commercial tour flights over such units and the economic effects of restrictions or prohibitions on such flights; (2) develop recommendations for means of reducing the adverse effects of such flights; (3) explore financial and other incentives which could encourage manufacturers to advance the state-of-the-art in quiet aircraft and rotorcraft technology and encourage commercial air tour operators to implement such technology; and (4) provide comments and recommendations to the Director and the Administrator with respect to flight-free parks, flights over other NPS units and other matters relating to such flights. Authorizes appropriations.

A bill for the relief of Richard M. Sakakida.

United States · United States Congress · 23 August 1994

Directs the Secretary of the Army to review the military records of a named individual to determine whether the award of a medal for heroism for action in the Philippines during World War II is appropriate.

Frederick F. Y. Pang, of Hawaii, to be an Assistant Secretary of Defense, vice Chas. W. Freeman.

United States · United States Senate · 22 August 1994

A resolution expressing the sense of the Senate regarding human rights violations in Kashmir and calling for a negotiated settlement to the Kashmir conflict, including India, Pakistan and the people of Kashmir.

United States · United States Congress · 22 August 1994

Condemns the use of coercive forces by Indian military and paramilitary forces against civilians in Kashmir and denounces any acts of violence by the Kashmiri militants. Urges the Government of India to release political prisoners, open Kashmir to international human rights groups and electronic media, permit the International Red Cross to visit prisons and detention centers, and prosecute security personnel involved in wanton violence against the civilian population. Reiterates the need for the Governments of India and Pakistan and the legitimate representatives of Kashmir to enter into negotiations and peacefully resolve the conflict. Urges the Administration to work with the United Nations and the international community to facilitate a peaceful negotiation for the final settlement of the Kashmir crisis.

Displaced Defense Worker Act of 1994

United States · United States Congress · 21 August 1994

Displaced Defense Worker Act of 1994 - Requires the Secretary of Defense to deposit in the Displaced Defense Worker Trust Fund established under this Act the Secretary's portion of any cost savings achieved and returned by a Department of Defense contractor is such savings are a result of the consideration of operations in a manner that causes the elimination of jobs in the community in which the contract is being carried out. Directs the Secretary of Labor to use amounts appropriated from the Fund for: (1) job retraining assistance under the Job Training Partnership Act; and (2) job creation activities under the Public Works and Economic Development Act of 1965. Appropriates to the Fund all cost savings realized by the Secretary under this Act. Provides for Fund management. Requires an annual report from the Secretary of the Treasury to the Congress on the financial condition and operations of the Fund during the preceding fiscal year and as expected for the next five fiscal years.

Paul G. Kaminski, of Virginia, to be Under Secretary of Defense for Acquisition and Technology, vice John M. Deutch.

United States · United States Senate · 19 August 1994

Missing Service Personnel Act of 1994

United States · United States Congress · 19 August 1994

Missing Service Personnel Act of 1994 - Requires the military commander of the unit, facility, or area to which the following persons are assigned to conduct an investigation as to their whereabouts after receiving factual information that their status is uncertain: (1) military personnel who disappear during a period of war, national emergency, or hostilities; and (2) any civilian Federal employee (including an employee of a Federal contractor) who serves with or accompanies an armed force in the field during such a period. Requires such persons to be placed in a missing status and requires notification of such status to either the officer having general court-martial authority over the person (for military personnel) or the Secretary of the military department employing such person (for civilian and contractor employees). Requires such officials to be kept informed (specifies deadlines) as to all information and inquiries concerning efforts to locate such missing personnel. Requires such officials to appoint a board to conduct an inquiry into the whereabouts and status of such persons. Provides for: (1) board composition, activities, and access to information; (2) inquiry proceedings (requiring the appointment of counsel, with specified duties, to represent the missing person); (3) a board recommendation as to the official status of a person following such an inquiry; (4) board reports to the officials involved as to board conclusions (prohibiting public availability of such reports for a one-year period); (5) report review by the official; (6) a report from such official to interested persons; and (7) an additional investigation and inquiry by an additional board upon receipt of new information within one year after the date of the first official notice of a person's disappearance. Allows interested persons (family members, dependents, next of kin) to participate at the proceedings of the board during such additional inquiry. Provides for the availability of appropriate information to board personnel conducting investigations and inquiries. Provides similar procedures for the second board with respect to meetings (open to the public, with exceptions), recommendations, reports, review by the Secretary of the military department concerned, and reports to interested persons. Requires a board to be reconvened when information becomes available that would directly lead to a determination of a person's status. Requires the Secretary concerned to appoint a board to conduct an inquiry as to the status of a missing person: (1) on or about three years after the first official notice of the disappearance of such person; and (2) not later than every three years thereafter until a total of 12 years after the first official notice. Provides for: (1) the release to a board by the Secretary concerned of all personnel file information concerning missing persons; (2) the treatment of classified information; (3) penalties for the wrongful withholding of information; (4) limited circumstances under which a board may recommend that a missing person be declared officially dead; (5) the submission by the board of appropriate information if such recommendation occurs; and (6) judicial review for interested persons of a board decision to declare a person officially dead. Provides for the appointment of a board to review the status of a person previously declared dead, with board procedures similar to those described above. Requires a person previously declared dead or in a missing status who is subsequently found alive to be paid for the full time of their absence.

To amend title 10, United States Code, to require the Secretary of Defense to establish a commission to collect and investigate reports by members of the Armed Forces of illnesses incurred during or shortly following their service in combat zones during a war or contingency operation.

United States · United States Congress · 18 August 1994

Directs the Secretary of Defense to establish advisory commissions to collect and investigate reports regarding illnesses military personnel believe they incurred as a result of service in a combat zone during a war or contingency operation. Requires cooperation with such a commission by the Secretary, the Secretaries of the military departments, and the Secretary of Veterans Affairs. Requires each commission to prepare a registry of all illnesses reported in connection with the war or operation for submission to the Secretaries and the Congress.

Directing the Secretary of the Senate to make technical corrections in the enrollment of S. 2182.

United States · United States Congress · 17 August 1994

Directs the Secretary of the Senate to make technical corrections in the enrollment of S. 2182 (defense funding for FY 1995).

Animal Experimentation Right To Know Act

United States · United States Congress · 16 August 1994

Animal Experimentation Right to Know Act - Amends the Animal Welfare Act to require annual reports from research facilities concerning animal experimentation and testing to include information regarding: (1) where animals used were obtained; (2) an accurate count of all animals of all species used in experiments; and (3) the general purposes of the animal experimentation program of the facility. Directs the Secretary of Agriculture to develop a system for release to the public of information regarding where animals used for experimentation were obtained. Directs the Secretary of Defense to submit to the Congress an annual report on the animal experimentation programs of the Department of Defense, including in-depth profiles of animal research conducted at each Department facility. Requires the initiation of alternative research methods which would phase out and reduce the use of animals in Department research. Directs the Secretary to appoint an ombudsman for animal issues at each Department research facility. Requires an annual report to the Secretary of Agriculture. Directs the President to appoint a panel of biomedical and animal care experts to investigate the animal use and care programs of the Department.

Waiving points of order against the conference report to accompany the bill (S. 2182) to authorize appropriations for fiscal year 1995 for military activities of the Department of Defense, for military construction, and for defense programs of the Department of Energy, to prescribe personnel strengths for such fiscal year for the Armed Forces, and for other purposes.

United States · United States Congress · 16 August 1994

Waives points of order against the consideration of the conference report on S. 2182 (authorizing appropriations for FY 1995 for the Department of Defense and defense programs of the Department of Energy).

A bill to amend the Service Members Occupational Conversion and Training Act of 1992 to permit a period of training under the Act of more than 18 months, and for other purposes.

United States · United States Congress · 12 August 1994

Amends the Service Members Occupational Conversion and Training Act of 1992 to eliminate the 18-month limit on the period of training (but not the limit on the amount of subsidy). Provides that certain standards for wages and benefits refer to other employees and training programs in the same community during the entire program period of the eligible person. Provides that the amount of the wage subsidy payment to the employer on behalf of the eligible person may not exceed the number of hours equivalent to 18 months of training. Revises provisions relating to entry into the program of job training and the time period for disapproval of assistance.

To provide that members of the Armed Forces held as hostages in Iran after the seizure of the United States embassy in Tehran on November 4, 1979, shall be treated as having been prisoners of war during the period that they were in a captive status.

United States · United States Congress · 11 August 1994

Accords prisoner of war status, for purposes of eligibility for applicable compensation and benefits, to members of the armed forces who were hostages in Iran after the seizure of the U.S. Embassy in Tehran on November 4, 1979.

To require the specific identification of intelligence construction projects in annual budget submissions and the authorization by law of such projects.

United States · United States Congress · 11 August 1994

Prohibits any intelligence community construction project in excess of $250,000 from being undertaken in a fiscal year unless such project is specifically: (1) identified as a separate item in the President's annual budget submission to the Congress; and (2) authorized by the Congress.

Immigration Reduction Act of 1994

United States · United States Congress · 10 August 1994

TABLE OF CONTENTS: Title I: Immigrants and Refugees Title II: Border Control Title III: Interior Enforcement Title IV: Document Reform Title V: State and Local Responsibilities Title VI: Public Benefits Abuse Title VII: Strengthening Citizenship Title VIII: Immigration and Naturalization Service Immigration Reduction Act of 1994 - Title I: Immigrants and Refugees - Amends the Immigration and Nationality Act to revise immigration levels with respect to: (1) the worldwide level of backlogged family-sponsored immigrants; and (2) allocations for priority-worker immigrants. (Sec. 102) Limits the number of refugees who may be admitted to the United States for special humanitarian concerns. (Sec. 103) Authorizes the granting of asylum to aliens who will be threatened in their country based upon race, religion, nationality, or political opinion. Prohibits such persons from receiving any preference or priority or from being discriminated against in the granting or termination of asylum based on race, sex, religion, or nationality. (Sec. 104) Repeals the authority to grant temporary protected status to aliens. Prohibits an alien who is excludable or deportable from remaining in the United States or engaging in employment in the United States. (Sec. 105) Prohibits the Attorney General from paroling into the United States groups or classes of aliens. Prohibits such aliens from being authorized to work in the United States. Limits the number of such parolees. Title II: Border Control - Increases the number of full-time border patrol personnel in the Immigration and Naturalization Service (INS). Authorizes appropriations for FY 1995 through 1999. (Sec. 202) Imposes a land border and port of entry user fee on persons entering the United States. Title III: Interior Enforcement - Increases the number of full-time investigative personnel in INS. (Sec. 302) Restores the authority of immigration officers and employees to conduct searches without warrants. (Sec. 303) Authorizes the Secretary of Defense to make available to the Attorney General defense facilities suitable for the detention of aliens. (Sec. 304) Grants the United States Court of Appeals for the Federal Circuit exclusive jurisdiction over immigration cases. (Sec. 305) Imposes a penalty on aliens for unlawful presence in the United States. Authorizes the seizure of certain property of deportable aliens. (Sec. 308) Requires the Attorney General to inform an alien who is departing voluntarily of the date and time such departure must be accomplished. Title IV: Document Reform - Revises provisions concerning the examination of work eligibility documents of aliens, including social security cards and identification cards issued by INS. (Sec. 402) Requires the Secretary of Health and Human Services to modify the Social Security data base to provide for an electronic verification system of information on aliens. (Sec. 403) Directs the Secretary to establish a national electronic network linking the vital statistics records of State agencies. (Sec. 404) Requires aliens who have not lawfully immigrated to the United States to be employed to obtain a visa for nonimmigrant status that explicitly contemplates employment. Title V: State and Local Responsibilities - Makes a State or local government or agency that does not cooperate with Federal immigration authorities ineligible for any Federal funds or assistance relating to law enforcement, education, public health, transportation, or public works. (Sec. 502) Requires State law enforcement agencies to notify the appropriate INS district office of alien arrests. (Sec. 503) Requires confidentiality of immigration-related communications. (Sec. 504) Authorizes the Attorney General to deputize state law enforcement officers to assist Federal officers in the apprehension of aliens in violation of immigration laws. Title VI: Public Benefits Abuse - Prohibits the payment of: (1) direct Federal financial or social insurance benefits to illegal aliens; or (2) unemployment benefits to aliens without employment authorization. (Sec. 603) Revises the requirements for immigrant sponsors with respect to their financial responsibilities. Title VII: Strengthening Citizenship - Prohibits automatic citizenship to persons born in the United States of parents who are not citizens. (Sec. 702) Restricts the voting privilege to citizens of the United States. (Sec. 703) Increases from 50 years to 60 years the age for which elderly aliens are exempt from English language requirements for naturalization. Declares that the commission of a fraud upon the INS shall be conclusive evidence that an alien lacks good moral character for purposes of naturalization requirements. (Sec. 704) Authorizes a State to commence a civil suit against the head of a Federal agency for immigration law violations. Title VIII: Immigration and Naturalization Service - Establishes INS as an agency of the Federal government outside of the Department of Justice.

Coast Guard Authorization Act of 1994

United States · United States Congress · 9 August 1994

TABLE OF CONTENTS: Title I: Authorization Title II: Personnel Management Improvement Title III: Navigation Safety and Waterway Services Management Title IV: Miscellaneous Provisions Title V: Recreational Boating Safety Improvement Title VI: Towing Vessel Safety Title VII: Act to Prevent Pollution from Ships Amendments Coast Guard Authorization Act of 1994 - Title I: Authorization - Authorizes appropriations for the Coast Guard for: (1) operation and maintenance; (2) acquisition, construction, rebuilding, and improvement of aids to navigation, shore and offshore facilities, vessels, and aircraft; (3) research, development, test, and evaluation; (4) retirement pay and benefits; (5) alteration or removal of bridges; and (6) environmental compliance and restoration. (Sec. 102) Authorizes the Coast Guard end-of-year strength for active duty and the average military training student loads. Title II: Personnel Management Improvement - Authorizes the Commandant of the Coast Guard to make child development services available for members of the armed forces and Federal civilian employees. (Sec. 203) Authorizes homeowners' assistance to military personnel of the Coast Guard who were assigned to, or employed at, any Federal facility or installation in the vicinity of Homestead Air Force Base, Florida, during Hurricane Andrew. (Sec. 207) Allows the Commandant to obtain research on Coast Guard personnel resource and training needs and to employ special programs for recruiting women and minorities. (Sec. 208) Authorizes the Commandant to enter into contracts to carry out health care services for Coast Guard personnel and covered beneficiaries. Title III: Navigation Safety and Waterway Services Management - Amends the Dingell-Johnson Sport Fish Restoration Act to increase the amounts transferred from State fish restoration and management project appropriations for grants for recreational boating safety programs. Revises funding from the same appropriations for grants to coastal and inland States for: (1) the construction and renovation of pumpout stations and waste reception facilities; and (2) education of recreational boaters about the problems of human body waste discharges from vessels. (Sec. 301) Increases from 24 months to five years the period of validity for certificates of inspection maintained by vessels that have oil or hazardous substances on board. (Sec. 302) Authorizes eligible States to submit plans for the construction and renovation of public facilities for transient nontrailerable vessels to the Secretary of the Interior. Authorizes grants for such purposes. (Sec. 303) Repeals a provision requiring the Secretary of the department in which the Coast Guard is operating to collect and pay to the Treasury the same fees for the inspection of foreign vessels carrying passengers from the United States that a foreign country charges U.S. vessels trading to the ports of that country. (Sec. 304) Increases civil penalties for violations regarding documentation of vessels. Revises Federal provisions to make a vessel and its equipment liable to seizure by, and forfeiture to, the U.S. Government when: (1) the owner of the vessel or representative of the owner knowingly falsifies or conceals a material fact or makes a false statement or representation about the documentation when applying for documentation of the vessel; (2) a certificate of documentation is knowingly and fraudulently used for a vessel; (3) a vessel is operated after its endorsement has been denied or revoked; (4) a vessel is employed in a trade without an appropriate trade endorsement; (5) a documented vessel with only a recreational endorsement is operated other than for pleasure; or (6) a documented vessel is placed under the command of a person who is not a U.S. citizen. (Sec. 305) Amends the Outer Continental Shelf Lands Act to make persons who fail to comply with regulations issued by the Secretary of the department in which the Coast Guard is operating liable for a civil penalty. (Sec. 306) Requires uninspected commercial fishing industry vessels that operate beyond three nautical miles from the Great Lakes coastline to be equipped with alerting and locating equipment. (Sec. 308) Considers the knowing alteration of lifesaving, fire safety, or other specified equipment such that the equipment is rendered defective to be a class D felony. Title IV: Miscellaneous Provisions - Authorizes the Secretary of Transportation to convey all right, title, and interest of the United States in Thacher Island to the Town of Rockport, Massachusetts, except that the Coast Guard shall retain all right, title, and interest in any historical artifact. Conditions such conveyance on the maintenance of specified navigation functions by the United States. (Sec. 402) Directs the Secretary to convey to the Ketchikan Indian Corporation in Ketchikan, Alaska, all right, title, and interest of the United States in and to specified Coast Guard property for use by such corporation as a Native health clinic. (Sec. 403) Requires the Secretary, for purposes of alerting the Florida Avenue Bridge in Orleans Parish, Louisiana, to treat the drainage siphon that is adjacent to the bridge as an appurtenance of the bridge. (Sec. 404) Sets forth conditions under which transferring a tuna fishing vessel which is an agreement vessel documented under U.S. laws to foreign registry shall not be treated as a disposition of an agreement vessel or a failure to meet any substantial obligation under an agreement entered into between the owner or operator of the vessel and the approriate Secretary. Provides that all vessel income and expense will, after registry transfer, continue to be reported as income and taxed in the United States as if the vessels's registry had not been transferred. Title V: Recreational Boating Safety Improvement - Amends Federal boating safety law to prohibit a person from operating a recreational vessel under 26 feet in length unless each individual six years or younger wears a Coast Guard approved personal flotation device while on the vessel's deck. (Sec. 502) Sets forth a formula for the allocation of State recreational boating safety program funds based upon State adoption of prohibitions on the operation of recreational vessels while under the influence of alcohol or drugs. (Sec. 503) Directs the Secretary of Transportation to submit to specified congressional committees a plan to increase reporting of vessel accidents to State law enforcement officials. (Sec. 504) Declares that persons who operate a recreational vessel in violation of this Act may be ordered to complete an approved recreational boating safety course. Title VI: Towing Vessel Safety - Authorizes the Secretary of the department in which the Coast Guard is operating to require the use of specified navigation equipment on towing vessels. (Sec. 602) Directs individuals who apply for issuance or renewal of a towing vessel operator's license to demonstrate proficiency in the use of navigational safety equipment. (Sec. 603) Requires marine casualties to be reported as soon as practicable, but in no case later than within five days. Increases penalties for an individual in charge of a vessel for failing to report a casualty. (Sec. 604) Directs the Secretary of Transportation to report to the Congress on: (1) the adequacy and effectiveness of manning of towing vessels and progress made in implementing improvements in towing vessel operator licensing requirements; and (2) the feasibility of establishing a differential global positioning satellite navigation system and creating electronic charts for U.S. inland waterways. Title VII: Act to Prevent Pollution from Ships Amendments - Amends the Act to Prevent Pollution from Ships to authorize the Secretary of the department in which the Coast Guard is operating to issue a certificate attesting to the adequacy of garbage reception facilities at a port or terminal only if an inspection has been conducted prior to the issuance of a certificate. (Sec. 702) Makes such certificates valid for a period of five years unless there is a change of operator. Directs the Secretary to promulgate regulations that require the operators of ports or terminals subject to MARPOL Protocol (the Protocol of 1978 relating to the International Convention for the Prevention of Pollution From Ships, 1973) requirements relating to reception facilities to post placards stating that users should report facility inadequacies to the Secretary. Requires all vessels to display placards and conduct briefings that notify the crew and passengers of requirements of Annex V of the Convention. Authorizes the Secretary of the Treasury to refuse or revoke certain permits to proceed or depart of foreign vessels in violation of MARPOL requirements. Provides for a toll-free telephone number for reporting MARPOL violations. (Sec. 703) Amends the Marine Plastic Pollution Research and Control Act of 1987 to direct the Secretary of the department in which the Coast Guard is operating to report to the Congress on potential improvements of the waste management practices at port facilities. Expresses the sense of the Congress that certain shipper insurance policies should not provide for the payment of penalties under the Act to Prevent Pollution from Ships. Requires persons in charge of vessels to include information on the disposal of onboard waste in the notice of arrival to the port. Direct the Administrator of the Environmental Protection Agency to establish a Marine Debris Coordinating Committee.

International Peace Operations Support Act of 1994

United States · United States Congress · 8 August 1994

International Peace Operations Support Act of 1994 - Directs the President to submit a report to the Congress setting forth a plan and procedures for recruiting, training, and organizing into units of the armed forces a contingency force of up to 3,000 personnel, comprised of current active-duty military personnel, who volunteer additionally and specifically to serve in international peace operations and who receive added compensation for such service. Authorizes the President: (1) upon approval by the United Nations Security Council of an international peace operation and after appropriate congressional consultation, to make those units available for such operations; and (2) to terminate U.S. participation in international peace operations at any time and take actions necessary to protect U.S. forces. Requires termination of any use of the armed forces with respect to which a report was submitted or required to be submitted under the War Powers Resolution within 180 days, unless the Congress has extended by law such period. Authorizes the use of funds available to the Department of Defense to carry out this Act.

A bill to provide for a study of the health consequences for the spouses and descendants of atomic veterans of the exposure of such veterans to ionizing radiation.

United States · United States Congress · 5 August 1994

Directs the Secretary of Veterans Affairs to enter into an agreement with the Medical Follow-up Agency of the Institute of Medicine of the National Academy of Sciences under which the Agency shall carry out a study to determine the relationship between the exposure of veterans to ionizing radiation and: (1) genetic defects and illnesses in the children and grandchildren of such veterans; and (2) untoward pregnancy outcomes experienced by the spouses of such veterans, including stillbirths, miscarriages, and neonatal deaths. Requires reports in FY 1995 through 1997 from the Secretary to specified congressional committees on the study's results. Authorizes appropriations.

Health Security Act

United States · United States Congress · 3 August 1994

TABLE OF CONTENTS: Title I: Improved Access to Standardized and Affordable Health Plans Subtitle A: Rules and Definitions of General Applicability Subtitle B: Health Plan Standards Subtitle C: Benefits and Cost-Sharing Subtitle D: Access to Health Plans Subtitle E: Federal Responsibilities Subtitle F: Participating State Responsibilities Subtitle G: Miscellaneous Provisions Title II: New Benefits Subtitle A: Coverage of Outpatient Prescription Drugs in Medicare Subtitle B: Home and Community-Based Services Subtitle C: Long-Term Care Insurance Improvement and Accountability Subtitle D: Life Care Subtitle E: Study and Report Title III: Health Professions Workforce Subtitle A: Workforce Priorities Under Federal Payments Subtitle B: Academic Health Centers Subtitle C: Health Research Initiatives Subtitle D: Core Functions of Public Health Programs; National Initiatives Regarding Preventive Health Subtitle E: Health Services for Medically Underserved Populations Subtitle F: Mental Health; Substance Abuse Subtitle G: Comprehensive School Health Education; School-Related Health Services Subtitle H: Public Health Service Initiative Subtitle I: Additional Provisions Regarding Public Health Subtitle J: Occupational Safety and Health Subtitle K: Full Funding for WIC Subtitle L: Border Health Improvement Title IV: Medicare and Medicaid Subtitle A: Medicare Subtitle B: Medicaid Program Title V: Quality and Consumer Protection Subtitle A: Quality Management and Improvement Subtitle B: Administrative Simplification Subtitle C: Privacy of Health Information Subtitle D: Expanded Efforts to Combat Health Care Fraud and Abuse Affecting Federal Outlay Programs Subtitle E: Medical Liability Reform Subtitle F: Remedies and Enforcement Subtitle G: Repeal of Exemption Title VI: Individual and Employer Subsidies Subtitle A: Individual Premium and Cost-Sharing Assistance Subtitle B: Employer Subsidies Title VII: Revenue Provisions Subtitle A: Financing Provisions Subtitle B: Tax Treatment of Employer-Provided Health Care Subtitle C: Exempt Health Care Organizations Subtitle D: Tax Treatment of Long-Term Care Insurance and Services Subtitle E: Other Revenue Provisions Subtitle F: Graduate Medical Education and Academic Health Centers Trust Fund Title VIII: Other Federal Programs Subtitle A: Indian Health Services Title IX: Workers Compensation Medical Services Title X: Premium Financing Subtitle A: National Health Care Cost and Coverage Commission Subtitle B: Employer and Individual Premium Requirements and Assistance Title XI: Ensuring Health Care Reform Financing Health Security Act - Title I: Improved Access to Standardized and Affordable Health Plans: Subtitle A: Rules and Definitions of General Applicability - Directs each participating State to require that each health plan or long-term care policy issued, sold, offered for sale, or operated in the State shall be certified by the appropriate certifying authority as one of the following: (1) a certified standard health plan; (2) a certified supplemental health benefits plan; or (3) a certified long-term care policy. Applies the following principles to all standard health plans: (1) no standard health plan may discriminate on the basis of medical history, health status, preexisting medical conditions, or genetic predisposition to medical conditions; (2) a standard plan shall offer an annual open enrollment period and accept all eligible individuals for coverage, shall not impose a rider that serves to exclude coverage to an individual, and shall not impose waiting periods before coverage begins; (3) a standard health plan shall ensure that all medically necessary or appropriate services, as defined in the benefits package, are provided; and (4) health benefits coverage shall be portable from one standard health plan to another. (Sec. 1003) States that nothing in this Act shall be construed as prohibiting the following: (1) an individual from purchasing any health care services; (2) an individual from purchasing supplemental insurance to cover health care services not included within the standard benefits package; (3) an individual who is not an eligible individual from purchasing health insurance; (4) employers from providing coverage for benefits in addition to such standard benefits package; or (5) an individual from obtaining health care from any health care provider of such individual's choice. Subtitle B: Health Plan Standards - Sets forth the following standards which a standard health plan must meet: (1) insurance market reform standards; (2) delivery system reform standards; (3) standards for participation in a guaranty fund; (4) standards for the collection and reporting of data; and (5) standards for effective grievance procedures for enrollees. (Sec. 1111) Requires a standard health plan sponsor to: (1) when offering a community-rated standard health plan, offer such plan to any community-rated individual applying for coverage; and (2) when offering an experience-rated standard health plan, offer such plan to any experience-rated indivudal eligible for coverage under the plan through such individuals' experience-rated employer. Defines: (1) a standard health plan as one providing the standard benefits package under subtitle C; (2) a community-rated plan as a plan provided to community-rated individuals; (3) a community-rated individual as one who not an experience-rated individual; (4) an experience-rated plan as a health plan which is a self-insured plan of an experience-rated employer or is an insured health plan which is experience-rated, but which covers only experience-rated individuals; (5) an experience-rated employer as an employer employing more than 500 employees or a multiemployer plan that covers 500 or more employees; and (6) an experience-rated individual as one who is an employee of an experience-rated employer. Requires a community-rated standard health plan to be made available to community-rated individuals throughout the entire community-rating area. Requires a State to be divided into one or more community rating areas in which there must be a minimum of 250,000 individuals residing. Prohibits a metropolitan statistical area in a State from being incorporated into more than one community rating area. Permits a standard health plan sponsor to refuse to renew an individual's plan only for: (1) fraud or materials misrepresentation on the individuals' part; or (2) nonpayment of premiums. (Sec. 1112) Sets forth enrollment process requirements, including the requirement of an annual open enrollment period. (Sec. 1113) Includes in the definition of children, for purposes of coverage, a child who is under 25 years of age or disabled and who is unmarried. (Sec. 1114) Prohibits discrimination based on health status including medical condition, lack of evidence of insurability, or anticipated need for health care services. Prohibits imposing a waiting period before coverage begins. Permits a standard health plan to impose a limitation or exclusion of benefits relating to treatment of a condition based on a preexisting condition if: (1) the condition was diagnosed or treated during the three-month period ending on the day before the date of enrollment; (2) the limitation or exclusion extends for not more than six months; (3) the limitation or exclusion does not apply to an individual who, as of the date of birth, was covered under the plan; or (4) the limitation or exclusion does not relate to pregnancy. (Sec. 1116) Requires a plan to have uniform premiums within a community rating area. (Sec. 1117) Requires each standard health plan to participate in a standard health plan risk adjustment program and a reinsurance program. (Sec. 1118) Sets forth financial solvency requirements. (Sec. 1121) Sets forth provisions concerning: (1) antidiscrimination requirements; (2) quality assurance standards; (3) the consumer grievance process; (4) the issuance of a health security card to each individual enrolled in each standard health plan; (5) information and marketing standards; (6) patient's rights to self-determination in health care; and (7) contracts with purchasing cooperatives. (Sec. 1128) Requires each standard health plan to ensure that all health care providers reimbursed by the plan are authorized under State law to provide applicable services. Requires a plan to ensure that all nonnetwork items and services covered are reasonably available and accessible. Requires covered services to be available to all enrollees throughout the service plan area with reasonable promptness. Requires each plan to establish a program under which participating physicians shall agree to accept the plan's payment schedule as payment in full. States that nothing in this Act shall be construed to: (1) force an individual to receive health care solely through the individual's standard plan; or (2) prohibit any individual from privately contracting with any health care provider and paying for such treatment as agreed to between the individual and the provider. (Sec. 1141) States that nothing in this Act shall be construed as to prevent a standard health plan sponsor from offering and pricing supplemental health benefits plans pursuant to a State certification plan. Applies the same standards to supplemental plans as are applicable to the standard plan concerning issue, availability, enrollment, nondiscrimination, and rating limitation. Sets forth provisions concerning marketing abuses and requirements for cost-sharing plans. Subtitle C: Benefits and Cost-Sharing - Defines a standard benefits package as a benefit package that: (1) provides all the items and services under the categories of health care items and services described in section 1202; (2) provides for at least one of the three cost-sharing schedules established under section 1213 by the National Health Benefits Board; and (3) has an actuarial value that is equivalent to the actuarial value of the benefits package provided by the Blue Cross/Blue Shield Standard Option under the Federal Employees Health Benefits Program as in effect during 1994. Defines an alternative standard benefits package as a benefits package that: (1) provides all the items and services under the categories of health care items and services described in section 1202; (2) provides for the very high deductible cost-sharing schedule established under 1213 by the Board; and (3) has an actuarial value that is less than the actuarial value of the benefits package provided by the Blue Cross/Blue Shield Standard Option as in effect during 1994. (Sec. 1202) Lists the following items and services as categories of medical care to be furnished to health plan enrollees when medically necessary or appropriate: (1) hospital services, including inpatient hospital services, outpatient hospital services, and 24-hour a day hospital emergency services; (2) health professional services, including consultations that are provided in a home, office, or other ambulatory care setting, or an institutional setting and services and supplies furnished as incident to such health professional services; (3) 24-hour a day emergency services and ambulatory medical or surgical services; (4) clinical preventive services, including services for high risk populations, age-appropriate immunizations, tests, and clinician visits furnished consistent with any periodicity schedule specified by the Board; (5) mental illness and substance abuse services, including inpatient, outpatient, residential non-hospital, and intensive non-residential services, for the treatment of mental illness and substance abuse disorders; (6) voluntary comprehensive family planning services, including counseling and education, contraceptive drugs and devices, and services for pregnant women; (7) items and services provided for end of life care (hospice care); (8) home health care and home infusion drug therapy services provided as an alternative to inpatient hospital treatment, treatment in a skilled nursing facility, or treatment in a rehabilitation facility; (9) extended care services described in title XVIII (Medicare) of the Social Security Act, when provided to an inpatient of a skilled nursing facility or a rehabilitation facility and when provided as an alternative to receiving inpatient hospital services; (10) ambulance services; (11) laboratory, radiology, and diagnostic services provided upon prescription to individuals who are not inpatients of a hospital, hospice, skilled nursing facility, or rehabilitation facility; (12) outpatient prescription drugs, blood clotting factors, drugs used for home infusion therapy, biologicals, and accessories and supplies used directly with the above items; (13) outpatient occupational therapy, physical therapy, respiratory therapy, speech-language pathology services, and outpatient audiology services when used to restore or maintain functional capacity or prevent or minimize limitations on physical and cognitive functions as a result of an illness or other health condition, including attaining new functional abilities at an age-appropriate rate; (14) durable medical equipment, prosthetic devices, orthotics and prosthetics, and accessories and supplies used directly with the above equipment or devices; (15) routine eye examinations, diagnosis, and treatment for defects in vision furnished to individuals who are under 22 years of age, including eyeglasses and contact lenses furnished according to a periodicity schedule established by the Board; (16) to individuals under 22 years of age, emergency dental treatment, prevention and diagnosis of dental disease, treatment of dental disease, space maintenance procedures to prevent orthodontic complications, and interceptive orthodontic treatment to prevent severe malocclusion; (17) for individuals who are over 22 years of age, emergency dental treatment, as specified by the Board; (18) routine ear examinations and diagnosis for defects in hearing as part of a physician visit and hearing aids when recommended by a physician or audiologist; and (19) items and services required to provide patient care pursuant to the design of a qualified investigation treatment. (Sec. 1211) Establishes a National Health Benefits Board to: (1) promulgate regulations or establish guidelines as may be necessary to clarify and refine items and services under the categories of health care items and services described in section 1202; (2) establish and update periodicity schedules for the items and services in the categories of health care items and services described in section 1202; and (3) design mental illness substance and abuse services so as to achieve parity with services for other medical conditions. Authorizes the Board to establish: (1) criteria for determinations of medical necessity or appropriateness; (2) procedures for determinations of medical necessity or appropriateness; and (3) regulations or guidelines to be used in determining whether an item or service is medically necessary. Requires the Board to establish cost-sharing schedules to be provided by health plans providing a standard benefits package or an alternative standard benefits package. Authorizes the Board to develop legislative proposals for modifications to the actuarial equivalence provisions of section 1201 and the categories of items and services under section 1202. Authorizes appropriations to the Bord. (Sec. 1217) Sets forth procedures for the congressional consideration of Board proposals. Subtitle D: Access to Health Plans - Requires each employer to make available to each employee the opportunity: (1) in the case of an experience-rated employer, to enroll through the employer in one of at least three certified experience-rated standard health plans; or (2) in the case of a community-rated employer, to enroll in any community-rated plan offered through a purchasing cooperative operating in the community rating area of the employer and, at the employer's option, to enroll in one of at least three community-rated standard health plans. (Sec. 1321) Directs a State, in accordance with specified provisions, to certify health insurance purchasing cooperatives. Requires that each cooperative be chartered under State law and operated as a not-for-profit corporation. Permits a State to establish or sponsor a purchasing cooperative to serve a community rating area. Requires each purchasing cooperative to: (1) negotiate (regarding premiums and marketing fees) with and enter into agreements with standard health plans; (2) enter into agreements with community-rated employers; (3) enroll community-rated employees and community-rated individuals in standard health plans; (4) collect premiums and make payments to standard health plans on behalf of community-rated employers and community-rated individuals; (5) provide for coordination with other purchasing cooperatives; (6) provide comparative information to the public and the participating State on standard health plans offered through the purchasing opperative; (7) have the capability of accepting data from standard health plans; (8) comply with such fiduciary responsibility, financial management, and administrative requirements as the Secretary may establish; and (9) carry out other functions provided for under this title. Prohibits a cooperative from: (1) performing any activity (including review, approval, or enforcement) relating to payment rates for providers; (2) performing any activity (including certification or enforcement) relating to compliance of standard health plans with the requirements of this Act; (3) assuming insurance risk; or (4) performing other activities identified by the State as being inconsistent with the performance of its duties under this Act. (Sec. 1322) Requires a purchasing cooperative to offer all community-rated individuals and community-rated employees residing within the community rating area served by the cooperative the opportunity to enroll in any standard health plan that has entered into an agreement with the cooperative. (Sec. 1324) Directs a purchasing cooperative to charge members a uniform membership fee to cover costs. (Sec. 1331) Requires a purchasing cooperative for a community rating area to offer to enter into an agreement with each community-rated employer that employs individuals in the community rating area and that desires to join the cooperative. (Sec. 1341) Sets forth requirements applicable to the Federal Employees Health Benefits Program. (Sec. 1351) Sets forth rules relating to multiple employer welfare arrangements. Subtitle E: Federal Responsibilities - Directs the Secretary of Health and Human Services to implement all provisions of this Act, subject to stated exceptions, and report annually to the President and the Congress concerning the health care system of this Act. Authorizes appropriations. (Sec. 1411) Requires the Secretary to approve a State health care system for which a plan has been submitted, unless it does not meet applicable requirements. (Sec. 1412) Provides sanctions for participating States not in compliance, including Federal assumption of responsibilities. (Sec. 1422) Provides for Federal assumption of responsibilities in non-participating States. (Sec. 1431) Directs the Secretary to establish premium class and age class factors. (Sec. 1435) Directs the Secretary to develop a risk adjustment and reinsurance methodology. (Sec. 1441) Directs the Secretary to establish minimum capital requirements for workers, as well as additional capital requirements to reflect factors likely to affect the financial stability of a carriers. (Sec. 1461) Directs the Secretary to certify as an essential community provider any health care provider meeting the standards for certification or that is within any of the following categories of providers: (1) covered entities as defined under the Public Health Service Act, school health centers, public or nonprofit hospitals, public and private nonprofit mental health and substance abuse providers, runaway homeless youth centers or transitional living programs for homeless youth, public or nonprofit maternal and child health providers, rural health clinics, and programs of the Indian Health Service shall all be considered category one entities; and (2) Medicare dependent small rural hospitals and children's hospitals shall both be considered category two entities. (Sec. 1463) Directs the Secretary to publish standards for the certification of additional categories of health care providers and organizations as essential community providers. (Sec. 1466) Provides that for essential community providers electing to apply to a health plan, the plan shall either: (1) enter into a provider participation agreement; or (2) enter into an agreement under which the plan makes payments to the provider. (Sec. 1467) Requires the Secretary, within five years of enactment, to submit to the Congress specific recommendations, based on studies, concerning whether, and to what extent, sec. 1466 provisions should continue to apply to some or all essential community providers. Requires the recommendations to be implemented unless a congressional joint resolution disapproving such recommendations is enacted. (Sec. 1481) Sets forth the responsibilities of the Secretary of Labor. (Sec. 1491) Provides that the Office of Rural Health Policy shall be headed by an Assistant Secretary, instead of a Director. Subtitle F: Participating State Responsibilities - Sets forth provisions concerning approval of State plans and certification of standard health plans and supplemental health benefits plans. Requires the Secretary to establish a program for the accreditation, certification, and enforcement (the ACE program) of health plan standards by States. (Sec. 1502) Requires each participating State to be divided into one or more community rating areas. (Sec. 1503) Provides for: (1) open enrollment periods; (2) a risk adjustment program; (3) guaranty funds; and (4) public access sites. (Sec. 1511) Prohibits, as a general rule, any State law from applying to any services provided under a health plan that is not a fee-for-service plan. (Sec. 1512) Provides for the override of restrictive State practice laws. (Sec. 1521) Provides for the continuance of existing Federal law waivers under Medicare, Medicaid, or the Employee Retirement Income Security Act. (Sec. 1522) Sets forth provisions concerning: (1) the Hawaii Prepaid Health Care Act; (2) alternative State provider payment systems; and (3) alternative State hospital services payment systems. (Sec. 1531) Sets forth requirements for State single-payer systems. (Sec. 1541) Provides for the early implementation of comprehensive State programs. Subtitle G: Miscallenous Provisions - Permits a health professional or health facility to deny the provision of an item or service if the professional or facility objects on the basis of religious belief or moral conviction. Prohibits discrimination on the basis of race, national origin, sex, religion, language, income, age, sexual orientation, disability, health status, or anticipated need for health services. Title II: New Benefits - Subtitle A: Coverage of Outpatient Prescription Drugs in Medicare - Amends title XVIII (Medicare) of the Social Security Act to provide for: (1) Medicare coverage of certain outpatient prescription drugs and biologicals as well as home infusion drug therapy services; (2) payment rules and related requirements, such as those pertaining to deductibles, for covered outpatient prescription drugs; (3) manufacturer rebates to the Secretary under Medicare part B (Supplementary Medical Insurance) for covered outpatient prescription drugs; (4) a Prescription Drug Payment Review Commission appointed by the Director of the Congressional Office of Technology Assessment for reporting annually to the Congress on Medicare coverage of outpatient prescription drugs; and (5) the provision of covered outpatient drugs through Medicare drug benefit plans under contract with the Secretary to individuals entitled to benefits under Medicare part A (Hospital Insurance) and enrolled under Medicare part B. Authorizes appropriations. (Sec. 2007) Allows the Secretary, in providing for payments for covered outpatient drugs under Medicare contracts with HMOs and competitive medical plans, to base such payments on classes of enrollees or geographic factors that are different from those otherwise utilized for determining payment. Subtitle B: Home and Community Based Services - Entitles each State with an approved plan for home and community-based services for individuals with disabilities to specified payments. Authorizes appropriations. (Sec. 2111) Amends the Public Health Service Act to direct the Secretary to compile, evaluate, and disseminate information to assist in the replication of successful long-term health care services programs that are aimed at offering care management to hospitalized individuals in need of long-term care so that services to meet individual needs and preferences can be arranged in home and community-based settings as an alternative to long-term nursing home placement. Establishes a related grant program. Authorizes appropriations. Subtitle C: Long-Term Care Insurance Improvement and Accountability - Long-Term Care Insurance Improvement and Accountability Act - Provides for the promulgation of standards and model benefits with respect to long-term care insurance. (Sec. 2211) Prohibits the sale of a long-term care policy unless it meets specified standards. (Sec. 2212) Regulates sales practices and renewal practices for long-term care policies. (Sec. 2215) Establishes benefit standards for long-term care policies. Subtitle D: Life Care - Life Care Act - Amends the Public Health Service Act to add a new title, Title XXVII - Life Care: Public Insurance Program for Nursing Home Care. Directs the Secretary to: (1) establish a voluntary insurance program for individuals 35 yers of age and over to cover the nursing home stays of such individuals; and the nursing home stays of such individuals; and (2) establish a process for enrollment in the Life Care Program. Prohibits the coverage amount from exceeding $90,000. Provides coverage under the title for: (1) nursing care; (2) specified therapy services; (3) medical social work; (4) drugs and appliances; (5) other nursing home facility services; and (6) with respect to the first six months of covered residence in a nursing facility, such room and board costs as are not covered by beneficiary copayment. Subtitle E: Study and Report - Provides for a study on issues relating to appropriate care at the end of life. Title III: Health Professions Workforce - Subtitle A: Workforce Priorities Under Federal Payments - Establishes within the Department of Health and Human Services the National Council on Graduate Medical Education. Directs the Council to ensure that the aggregate number of individuals entering graduate medical education programs does not exceed specified limits. Directs the Council to designate the number of individuals authorized to be enrolled in each specialty. (Sec. 3031) Sets forth provisions concerning Federal formula payments to: (1) qualified entities for the costs of operating approved physician training programs; and (2) academic health centers and other eligible institutions. (Sec. 3061) Sets forth provisions concerning Federal payments to: (1) medical schools; (2) graduate nurse training programs; (3) dental schools; and (4) schools of public health. (Sec. 3081) Authorizes appropriations through FY 2000 for workforce development. Subtitle B: Academic Health Centers - Authorizes grants to: (1) eligible centers for the establishment and operation of information and referral systems to provide the services of such centers to rural health plans; and (2) community-and provider-based health plans for the purpose of providing the services of eligible centers to residents of rural or urban communities who otherwise would not have adequate access to such services. Subtitle C: Health Research Initiatives - Requires 0.25 percent of all premium-related payments made by employers, individuals, and families for coverage under this Act to be used for biomedical and behavioral research and health services research as specified. (Sec. 3221) Authorizes appropriations for a medical technology impact study. Subtitle D: Core Functions of Public Health Programs; National Initiatives Regarding Preventive Health - Authorizes appropriatons for: (1) core functions of public health programs; and (2) national initiatives regarding health promotion and disease prevention. Provides for grants to states for core functions of public health programs. Provides grants for agencies of State or local government and nonprofit organizations for national prevention initiatives. Provides for grants and authorizes appropriations for the development of rural telemedicine. Subtitle E: Health Services for Medically Underserved Populations - Authorizes appropriations for: (1) the development of community health groups and health care sites and services; and (2) the capital costs of the development of community health groups. (Sec. 3402) Authorizes approprations for grants and contracts for enabling and supplemental services. (Sec. 3471) Authorizes appropriations for the National Health Service Corps Program. (Sec. 3481) Provides for payments to hospitals with a low-income utilization rate of not less than 25 percent. Subtitle F: Mental Health; Substance Abuse - Requires each State, as a condition of participation under title I, to integrate the mental illness and substance abuse services of the State and its political subdivisions with the mental illness and substance abuse services offered by health plans pursuant to title I. Authorizes appropriations to States for grants for the development and operation of comprehensive managed mental health and substance abuse programs that are integrated with the health delivery system established under this Act. Subtitle G: Comprehensive School Health Education; School-Related Health Services - Provides for grants to State educational agencies in eligible States to integrate comprehensive school health education in schools within the State, with priority given to those communities in greatest need. Authorizes appropriations. (Sec. 3603) Establishes a Healthy Students-Healthy Schools Interagency Task Force. (Sec. 3681) Authorizes appropriations for grants to State health agencies or local community partnerships for the development and operation of school-related health services. Subtitle H: Public Health Service Initiative - Authorizes appropriations through FY 2004 for specified programs under title III, as well as programs of the Indian Health Service under title VIII. Subtitle I: Additional Provisions Regarding Public Health - Authorizes grants for the purpose of implementing and developing for trainees a curriculum that includes training in identification, treatment, and referral of victims of domestic violence and women's health needs. Subtitle J: Occupational Safety and Health - Directs the Secretary of Health and Human Services and the Secretary of Labor to work together to develop and implement a comprehensive program to expand and coordinate initiatives to prevent occupational injuries and illnesses. Establishes a National Advisory Board for Occupational Injury and Illness Prevention to provide oversight. Authorizes appropriations. Subtitle K: Full Funding for WIC - Amends provisions of the Child Nutrition Act of 1966 concerning the special supplemental food program to authorize to be: (1) appropriated such amounts as are necessary through FY 2000; and (2) made available other specified amounts through FY 2000. Subtitle L: Border Health Improvement - 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 to: (1) conduct a needs assessment; (2) develop and implement a plan to carry out actions recommended by the needs assessment; and (3) formulate recommendations to United States and Mexico concerning reimbursement for health care costs. Title IV: Medicare and Medicaid - Subtitle A: Medicare - Amends SSA title XVIII (Medicare) to allow individuals to elect to remain in certain plans. (Sec. 4002) Makes specified changes with regard to eligible organization and Medicare supplemental policy enrollment. (Sec. 4101) Revises provisions relating to Medicare part A and concerned with: (1) various specified hospital and skilled nursing facility payment adjustments for, among other things, capital-related costs for inpatient hospital services and services for low-income patients; (2) the Medicare-dependent, small rural hospital program and the rural health transition grant program; (3) payments for certain multi-campus, rehabilitation, and long-term care hospitals; (4) long-term hospital designation; and (5) indirect medical education payment termination. (Sec. 4111) Replaces the essential access community hospital (EACH) program with a limited service hospital program, prohibiting EACH designations after July 1, 1994, while permitting payment to prior designated EACHs. Authorizes appropriations. Makes part A and B amendments relating to rural primary care hospitals and medical assistance facilities. Repeals provisions for prospective payment systems (PPSs) for rural primary care services. (Sec. 4112) Requires the Secretary to study and report to the Congress with regard to subacute care. (Sec. 4201) Makes specified changes with regard to Medicare part B provisions on: (1) payment for physicians' services, adding limitations on payments relating to inpatient stays in certain hospitals and making various other changes concerning, among other things, service updates, adjustments for volume and intensity, and the performance standard factor; (2) underserved area bonus payments; (3) payments for certain outpatient hospital services and durable medical equipment; (4) eye or eye and ear hospitals; and (5) the general Medicare part B premium. (Sec. 4206) Requires the Secretary to establish: (1) demonstration projects for Medicare State-based performance standard rates of increase; and (2) bidding areas for the competitive acquisition of specified items and services. Provides for a reduction in payment amounts if such competitive acquisition fails to achieve certain savings. (Sec. 4209) Imposes across-the-board co-payments for clinical diagnostic laboratory tests. (Sec. 4212) Provides for expanded coverage for physician assistants and nurse practitioners. Bases payments for physician assistants and certain nurse practitioners on the physician fee schedule. (Sec. 4213) Prohibits nonparticipating physicians and suppliers from receiving payment for items or services provided under Medicare. (Sec. 4214) Requires the Secretary to develop a methodology for implementing a resource-based system for determining practice expense relative value units for each physician's service. (Sec. 4301) Modifies provisions relating to Medicare parts A and B and concerned with: (1) medicare as secondary payer; (2) payments for home health services; and (3) Medicare supplemental policies. (Sec. 4303) Directs the Secretary to use a competitive process to contract with centers of excellence for certain appropriate services (including cataract surgery). (Sec. 4305) Imposes co-payments for home health services. (Sec. 4306) Terminates payments for direct graduate medical education costs attributable to an approved medical residency training program. (Sec. 4307) Amends the Omnibus Budget Reconciliation Act of 1990 to permit Medicare supplemental policies in all States. Subtitle B: Medicaid Program - Amends SSA title XIX (Medicaid) to prohibit a State Medicaid plan from paying for items and services in the standard benefit package described above in title I of this Act, with certain exceptions. (Sec. 4605) Limits State Medicaid expenditures to HMOs to HMOs that are certified as a standard health plan. Revises the 75/25 rule under Medicaid HMO provisions. (Sec. 4611) Modifies national DSH payment limit provisions. Creates a Medicaid part B (Payments to Hospitals Serving Vulnerable Populations). (Sec. 4615) Makes various specified changes with regard to Medicaid long-term care provisions (including provisions on frail elderly demonstration project waivers) as well as with regard to other provisions concerning: (1) Medicaid coverage of certified nurse practitioners and clinical nurse specialist services; and (2) relief from third party liability requirements. Title V: Quality and Consumer Protection - Subtitle A: Quality Management and Improvement - Directs the Secretary of Health and Human Services to establish the National Quality Council to oversee a program of quality management and improvement designed to enhance the quality, appropriateness, and effectiveness of health care services and access to such services. Authorizes appropriations. Subtitle B: Administrative Simplification - States that the purpose of this subtitle is to improve the efficiency and effectiveness of the health care system, including Medicare and Medicaid, by encouraging the development of a health information network through the establishment of standards and requirements for the electronic transmission of certain health information. Provides for standards for data elements and information transactions. Imposes penalties for violators of the standards. Requires standards relating to the form of health security cards issued by health plans and the information needed to be encoded electronically on such cards. Establishes the Health Care Information Advisory Committee. Provides for grants for demonstration projects to promote the development and use of electronically integrated community-based clinical information systems and computerized patient medical records. Repeals provisions of the Social Security Act that established the Medicare and Medicaid Coverage Data Bank. Subtitle C: Privacy of Health Information - States that the purpose of this subtitle is to establish effective mechanisms to protect the privacy of individuals with respect to individually identifiable health care information. Permits the disclosure of health information only in accordance with provisions of this subtitle. Specifies authorized disclosures. Subtitle D: Expanded Efforts to Combat Health Care Fraud and Abuse Affecting Federal Outlay Programs - Directs the Secretary and the Attorney General to establish a joint program to: (1) coordinate Federal, State, and local law enforcement programs to control fraud and abuse affecting Federal outlay programs; (2) conduct investigations and audits relating to the delivery of and payment of health care; and (3) facilitate the enforcement of this subtitle and other statutes applicable to health care fraud and abuse. (Sec. 5302) Establishes the Federal Outlay Program Fraud and Abuse Control Account to be available for carrying out such program. (Sec. 5303) Establishes the HHS Office of Inspector General Asset Forfeiture Proceeds Fund. (Sec. 5304) Authorizes monetary rewards for information relating to a possible prosecution of a Federal health care offfense. (Sec. 5311) Imposes civil penalties for certain violations, including fraud, with respect to certified standard health or long-term care plans or long-term care services. (Sec. 5313) Excludes an individual or entity from participating in any applicable health plan if the individual or entity: (1) is excluded from participation in a public program due to conviction for health care-related crimes or patient abuse; (2) has been convicted under Federal or State law of specified felonies in connection with the delivery of a health care item or service; or (3) has been convicted of a felony relating to the unlawful manufacture, distribution, prescription, or dispensing of a controlled substance. Waives mandatory exclusion if it would significantly harm or pose a risk to public health. Bars payments under a certified standard health plan for the delivery of or payment for any item or service furnished by an excluded individual. (Sec. 5321) Amends the Federal criminal code to provide criminal penalties for fraud, theft, embezzlement, false statements, bribery, and graft in connection with health care. (Sec. 5331) Imposes civil penalties for false claims regarding certified standard health plans or long-term care insurance policies. Subtitle E: Medical Liability Reform - Requires parties to any malpractice action, before the commencement of such action, to participate in a State-based alternative dispute resolution system. Limits attorney's contingency fees. Provides for demonstration projects concerning medical malpractice liability. Authorizes appropriations for such projects. Subtitle F: Remedies and Enforcement - Establishes procedures for the review of health claims, including the review of claims, proceedings in complaint review offices, civil money penalties, the establishment of early resolution programs, mediation proceedings, enforcement of settlement agreements, due process for health care providers, judicial review, civil enforcement, private enforcement rights, consumer protections, discrimination claims, and facial constitutional challenges to invalidate this Act or any provision of this Act. Subtitle G: Repeal of Exemption - Establishes the applicability of the following Acts to the health insurance business: (1) the Sherman Act; (2) the Clayton Act; (3) the Federal Trade Commission Act; and (4) the Robinson-Patman Antidiscrimination Act. Title VI: Individual and Employer Subsidies - Subtitle A: Individual Premium and Cost-Sharing Assistance - Requires a participating State to have in effect a program for furnishing premium assistance and cost-sharing assistance in accordance with the provisions of this subtitle. Sets forth eligibility standards for such assistance. Provides for payments to States furnishing premium assistance. Subtitle B: Employer Subsidies - States that it is the purpose of this subtitle to provide subsidies to eligible employers in providing, or expanding the provision of, health care coverage for the employer's employees. Sets forth provisions concerning the eligibility for and amount of such subsidy. Declares ineligible for such a subsidy: (1) the self-employed; (2) employee leasing firms; and (3) State or local governments. Title VII: Revenue Provisions - Subtitle A: Financing Provisions - Amends the Internal Revenue Code to increase the excise taxes on cigarettes and other tobacco products. Applies such increases to tobacco products manufactured and sold in Puerto Rico. (Sec. 7103) Imposes an excise tax on the manufacture or importation of roll-your-own tobacco. (Sec. 7111) Imposes a tax: (1) on a percentage of premiums received under taxable health insurance policies; and (2) on a percentage of amounts received for health-related administrative services. Imposes on self-insured plans a monthly tax on a percentage of the accident or health coverage expenditures and direct administrative expenditures. (Sec. 7112) Imposes a 25 percent tax on community-rated high cost health plans to be paid by the issuer. Requires the Secretary of Health and Human Services to establish a reference premium for each class of enrollment for community-rated plans within a community rating area. Imposes a 25 percent tax on the excess premium equivalents of an experience-related standard health plan. (Sec. 7121) Provides for the recapture of certain health care subsidies received by high-income individuals. Transfers such amounts to the Supplemental Medical Insurance Trust Fund. (Sec. 7131) Increases the excise tax on certain hollow point and large caliber handgun ammunition. (Sec. 7132) Requires certain shareholders of S corporations and limited partners who materially participate in corporate activities to include their share of income or loss from such corporation when determining net earnings from self-employment. (Sec. 7133) Provides for extending Medicare coverage and applying the hospital insurance tax to all State and local government employees. Subtitle B: Tax Treatment of Employer-Provided Health Care - Declares that on and after January 1, 2004, gross income of an employee includes employer-provided coverage under an accident or health plan which is not permitted coverage. (Sec. 7202) Prohibits health benefits from being provided under cafeteria plans. (Sec. 7203) Increases and makes permanent the deduction for health insurance costs of self-employed individuals. (Sec. 7211) Imposes a tax on employer-provided health benefits that do not meet the requirements for permitted coverage. Subtitle C: Exempt Health Care Organizations - Sets forth qualification and disclosure requirements for tax-exempt health care organizations. (Sec. 7302) Imposes an excise tax on the beneficiary of a taxable inurement and on the management of the participating tax-exempt health care organization. (Sec. 7303) Provides for the treatment of health maintenance organizations, parent organizations, and health insurance purchasing cooperatives as tax-exempt entities. (Sec. 7304) Provides for the taxation as an insurance company other than a life insurance company of certain organizations that provide health insurance and other prepaid health care services. (Sec. 7305) Repeals the special rules for Blue Cross and Blue Shield and similar organizations. (Sec. 7306) Provides a tax exemption for certain qualified high risk insurance pools. (Sec. 7308) Provides for the tax treatment of bonds of certain nonprofit tax-exempt organizations in a manner similar to governmental bonds. Subtitle D: Tax Treatment of Long-Term Care Insurance and Services - Treats qualified long-term care services as medical care for purposes of the medical expense deduction. (Sec. 7402) Provides for the treatment of long-term care insurance as accident and health insurance. (Sec. 7403) Allows accelerated death benefits under life insurance contracts to be paid to terminally ill individuals. Subtitle E: Other Revenue Provisions - Requires the Secretary of the Treasury to submit to specified congressional committees a legislative proposal providing statutory standards for the classification of workers as employees or independent contractors. (Sec. 7502) Increases the penalty for failure to file correct information for returns involving payments for services. (Sec. 7505) Allows a tax credit for certain primary health services providers that practice in health professional shortage areas. (Sec. 7506) Increases the amount allowed to be expensed as a depreciable business asset if such asset is medical equipment. (Sec. 7521) Requires additional reserves for post-retirement medical and life insurance benefits to cover not less than ten years of the working lives of covered employees and to be maintained as separate accounts. (Sec. 7522) Allows a tax credit for the cost of personal assistance services required by certain employed individuals. Limits the amount of such credit and provides a cost-of-living adjustment. Subtitle F: Graduate Medical Education and Academic Health Centers Trust Fund - Establishes the Graduate Medical Education and Academic Health Centers Trust Fund, consisting of the Graduate Medical Education Accountand the Academic Health Centers Account. Provides funding for such trust fund through tax and assessments on insured and self-insured plans and transfers from certain social security trust funds. Title VIII: Other Federal Programs - Subtitle A: Indian Health Service - Makes qualifying Indians eligible for health and supplemental benefits under the Indian Health Service (IHS). (Sec. 8105) Authorizes an IHS program to contract with a health plan to provide health care services to non-Indians. (Sec. 8107) Makes IHS programs eligible for Medicare payments. (Sec. 8109) Directs the Secretary of Health and Human Services to: (1) establish an advisory group to access budget aspects of IHS programs; (2) conduct health service transitional studies and establish a related advisory group; (3) develop a long-term care demonstration program; (4) survey health services available to Indian veterans; and (5) develop new funding methodologies. (Sec. 8118) Authorizes appropriations. Subtitle B: Department of Veterans Affairs - Veterans Health Care Reform Act of 1994 - Allows veterans, individuals currently enrolled in a health plan under the Civilian Health and Medical Program of the Uniformed Services (CHAMPUS), and their family members to be enrolled in a Department of Veterans Affairs health plan (VA plan). Requires the Secretary of Veterans Affairs to ensure that each VA plan provides to enrolled individuals the items and services in the standard benefit package under this Act. Allows such plans to offer supplemental health benefits and cost-sharing plans consistent with this Act. Provides a limitation with regard to veterans enrolled with health plans outside the VA. Prohibits the imposition of any plan enrollment charges upon service-connected disabled veterans, 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. Allows the Secretary to establish plan charges for other veterans. Deems a VA facility to be a Medicare provider, and a VA health plan to be a Medicare HMO, for purposes of any program administered by the Secretary of Health and Human Services under Medicare (title XXVIII of the Social Security Act). Allows for the recovery of certain care and services provided under a VA plan in the case of an individual who has coverage under another plan. Establishes in the Treasury the Department of Veterans Affairs Health Plan Fund to be used for VA health plan payments and services. Preserves existing benefits for VA facilities not operating within a health plan certified under this Act. Directs the Secretary to organize health plans and operate VA facilities as, or within, health plans under this Act. Preempts conflicting State health plan standards or requirements. Directs the Secretary to designate a health plan director for each VA health plan organized and operated under this subtitle. Authorizes such directors to enter into contracts and agreements for the provision of care and services under the VA plan as well as related services (equipment, maintenance, and repair). Authorizes the Secretary to enter into resource-sharing agreements with other health care plans and providers, health industry organizations, individuals, and other Government departments and agencies. Provides certain administrative and personnel flexibility, as well as expenditure authority, for care and services under a VA plan. Establishes in the Treasury the Veterans Health Care Investment Fund. Authorizes appropriations. Provides specified credits to the Fund for FY 1995 through 1997 for operation of VA health plans. Requires a report from the Secretary to the Congress on the operation of such plans. Authorizes the Secretary to accept and use grants for health care services provided to special populations if used by the VA while operating under a VA health plan. Title IX: Workers Compensation Medical Services - Applies the provisions of subtitle B of title V of this Act to the provision of workers compensation medical services in the same manner as such provisions apply with respect to the provision of services included in the standard benefit package. Requires that, in cases where a workers compensation claim is challenged, a health plan must provide or pay for all medical care in the standard benefit package according to the applicable workers compensation for schedule, until the challenge is adjudicated. Provides for demonstration projects with respect to treatment of work-related injuries and illness. Establishes a Commission on Workers Compensation Medical Services. Title X: Premium Financing - Subtitle A: National Health Care Cost and Coverage Commission - Establishes the National health Care Cost and Coverage Commission to monitor and respond to: (1) trends in health care coverage; and (2) changes in per-capita premiums and other indicators of health care inflation. Provides for congressional consideration of Commission recommendations. Subtitle B: Employer and Indiandual Premium Requirements and Assistance - Requires, with respect to a participating State, each resident U.S. citizen or lawful alien to: (1) enroll in or be covered under a health plan; (2) pay any premium required, consistent with this Act. Excludes individuals covered under an equivalent health care program such as Medicare, Medicaid, a military or veterans health care program, CHAMPUS, the Indian Health Care Improvement Act, or an approved State single-payer system. Provides for a religious exemption. Excludes inmates. Requires employers of 25 or more and employers of less than 25 than make an election, to make health care coverage premium payments on behalf of the employer's qualifying employees. Permits other employers to elect to be treated as community-rated employers. Sets forth provisions for providing for the determination premium payments. Title XI: Ensuring Health Care Reform Financing - States that it is the purpose of this title to ensure that this Act does not result in unanticipated increases in the Federal deficit. States that any entitlement provided by this Act, including premium assistance, shall be subject to the operation of this Act. Requires the President, annually through FY 2004, to issue a health care baseline. Requires the President's budget to include a current health care baseline. Provides that if a baseline exceeds the initial (1995) baseline by more than a specified amount there is to be a proposed order that offsets the excess through a combination of: (1) reductions in premium assistance; (2) reductions in the Medicare deductible for drugs; and (3) reductions in each direct spending program of this Act by a uniform percentage. Requires the eligibility percentage for children and pregnant women to be reduced last. Sets forth provisions in the event of war or low growth. Provides for a Government Accounting Office audit and for additonal reporting requirements by the Office of Management and Budget and the National Health Care Commission.

Concerning deployment of United States Armed Forces in Haiti.

United States · United States Congress · 3 August 1994

Expresses the sense of the Congress that the President is: (1) required to obtain the prior approval of the Congress before U.S. armed forces may undertake offensive military action against the military leadership of Haiti in accordance with United Nations Security Council Resolution 940; and (2) recognized as having the inherent authority to use such forces to protect or evacuate U.S. citizens from imminent danger or for humanitarian purposes.

Health Security Act

United States · United States Congress · 2 August 1994

TABLE OF CONTENTS: Title I: Health Insurance and Delivery Systems Reform Subtitle A: Federal Standards for State Regulatory Programs Subtitle B: Coordination With Other Provisions of Law Title II: Coverage Title III: Premium and Cost-Sharing Assistance Title IV: Administrative Simplification and Privacy Title V: Malpractice and Fraud Subtitle A: Federal Tort Reform Subtitle B: Expanded Efforts to Combat Health Care Fraud and Abuse Affecting Federal Outlay Programs Title VI: Medicare, Medical Education, and Medicaid Subtitle A: Medicare Subtitle B: Medical Education Subtitle C: Home and Community-Based Services Subtitle D: Medicaid Program Title VII: Revenue Provisions Subtitle A: Financing Provisions Subtitle B: Tax Treatment of Employer-Provided Health Care Subtitle C: Deduction for Individuals Purchasing Own Health Insurance Subtitle D: Exempt Organizations Subtitle E: Tax Treatment of Long-Term Care Insurance and Services Subtitle F: Health Care Trust Funds Subtitle G: Other Revenue Provisions Subtitle H: Ensuring Health Care Financing Health Security Act - States that it is the purpose of this Act to achieve universal health insurance coverage through: (1) subsidies for the purchase of health insurance; (2) affordable standardized health insurance; (3) elimination of exclusionary practices by health insurance companies; (4) a permanent National Health Commission for recommending periodically to the Congress how to increase the number of people covered by health insurance; (5) reduction of health costs through more open competitive markets and continued advances in medical education and research; and (6) health care provided under Medicare and Medicaid and health programs of the Departments of Defense and of Veterans Affairs, and the Indian Health Service. Title I: Health Insurance and Delivery Systems Reform - Subtitle A: Federal Standards for State Regulatory Programs - Amends the Social Security Act (SSA) to add a new title XXI under which States are required to establish accreditation, certification, enforcement, and information programs for certifying all health plans and long-term care policies (except multistate self-insured health plans which will be certified by the Secretary of Labor) issued, sold, offered for sale, or operated in the State that meet certain standards incorporating specified requirements, such as those pertaining to community rating, preexisting conditions, and a patient's right to self-determination in health care services, as certified standard, nonstandard, or supplemental health plans or certified long-term care policies in order to participate in Medicaid. (Sec. 101) Requires establishment of such programs also for: (1) enforcing applicable standards for such plans and policies; (2) providing consumers in the State with comparative value information on the performance of all health plans in each community rating area established in the State; (3) designating State health plan service areas for purposes of access to essential community providers, delivery of benefits, and improved access to underserved areas; (4) providing for reinsurance, risk adjustment, and cost-sharing adjustment programs; (5) specifying an annual general enrollment period; (6) providing for a premium approval process for long-term care policies; (7) providing for the certification of workplace wellness programs; (8) enforcing employer responsibilities with regard to employee access to standard plans; (9) oversight of purchasing cooperatives; (10) supporting quality assurances for measuring access to and appropriateness of health care services provided to consumers; (11) supporting development of community health networks and plans; (12) supporting development of community health networks and plans; (13) providing coordination between health plans and automobile medical liability policies; (14) developing remedy and enforcement mechanisms (including early resolution programs) as described for dealing with complaints involving health plans, collecting any civil monetary penalties assessed by the Secretary of Health and Human Services (HHS) under such program, and for handling civil actions brought to invalidate any provision of this Act; and (15) conforming State laws and procedures to the rules regarding fraud and medical malpractice under SSA title XI. Directs the Secretary to initially determine and approve the compliance of such State programs with the Federal guidelines under this new title and periodically review such State programs to determine if they continue to comply with such guidelines. Provides funding for such programs. Sets forth requirements relating to: (1) possessions of the United States; (2) State single-payer systems; and (3) treatment of certain State laws. Directs the Secretary to: (1) develop certification criteria for workplace wellness programs; and (2) certify certain private accreditation entities. Describes the various benefit packages and the categories of items and services included in them (such as mental illness and substance abuse services as well as family planning services and services for pregnant women). Prescribes general cost-sharing under the standard benefits package. Creates in HHS a National Health Benefits Board to: (1) establish cost-sharing schedules to be provided by standard packages; and (2) define the standards to be used by a health plan in determining whether an item or service under certain categories of health care items and services is medically necessary or appropriate for an enrollee in the plan. Outlines the process for congressional consideration of any Board recommendations to modify standard benefit packages and cost-sharing assistance. Authorizes appropriations. Sets forth special provisions relating to abortion and religious beliefs, providing that nothing under this new title shall be construed to require the creation or maintenance of abortion clinics or other abortion providers within a State or any region of a State. Details general employer responsibilities pertaining to payroll deductions and other specified matters in enrolling their employees in certified standard health plans. Lists specific duties of purchasing cooperatives, which include making enrollment information available, enrolling community-rated individuals in certified standard health plans, and collecting and forwarding plan premiums to the plan, as well as specific requirements governing the organization and operation of purchasing cooperatives. Provides for access to standard health benefit plan coverage through qualified association plans. Sets forth special rules for church and multiemployer plans. Requires the Secretary to direct the Agency for Health Care Policy and Research and the Health Care Financing Administration to support and conduct research on the effects of health care reform on health care delivery systems and methods for risk adjustment. Authorizes appropriations. Requires the Secretary to award grants to States or community-based, independent, not-for-profit organizations that have submitted applications to establish demonstration projects that provide certified standard health plans with the technical assistance to implement the results of quality improvement research into medical practice. Directs the Secretary to submit an annual report to the Congress which: (1) reviews the results of the quality improvement research grants; (2) evaluates consumer information programs established by participating States; (3) tracks the evolution of national performance measures and other research; and (4) evaluates State, regional, and national trends on quality of health care. Allows the Secretary to make grants to and enter into contracts with: (1) eligible public or private non-profit consortia for the development of community health groups (i.e. certified community health plans or community health networks); and (2) community health groups for their operation. Authorizes the Secretary to make certain types of financial assistance available to a community health group or isolated rural facility applying for capital assistance. Directs the Secretary to: (1) award grants to eligible entities to establish demonstration projects to promote telemedicine and other uses of the telecommunications network in rural areas; and (2) establish the Interagency Task Force on Rural Telemedicine to, among other things, identify specific uses for telemedicine that have proven to be effective and review the policy of the Health Care Financing Administration relating to reimbursement for telemedicine services. Subtitle B: Coordination With Other Provisions of Law - Eliminates immunity from antitrust suits under provisions commonly known as the McCarran-Ferguson Act with respect to health insurance. (Sec. 112) Elevates the position of the Director of the Office of Rural Health to the position of the Assistant Secretary for Rural Health and expands that official's duties. (Sec. 113) Permits the Secretary of Labor to issue special reporting and disclosure rules for employer group health plans and make other conforming amendments to the Employee Retirement Income Security Act of 1974 (ERISA). Repeals ERISA provisions on multiple employer welfare arrangements. Title II: Coverage - Amends SSA to add a new title XXII under which is established the National Health Care Commission to monitor and respond to: (1) trends in health insurance coverage; and (2) changes in per-capita premiums and other indicators of health care inflation. Requires the Commission to report to the Congress biennially on the status of health insurance coverage in the nation and the national goal of universal coverage. Authorizes appropriations. Provides that if 95 percent of the resident population is not covered by 2002, the Commission shall submit to the Congress an implementing bill which such statutory provisions as the Commission determines are necessary or appropriate to implement recommendations developed by it to achieve that target. Title III: Premium and Cost-Sharing Assistance - Amends SSA title XIX (Medicaid) to require State Medicaid plans to provide for a State program furnishing premium and cost-sharing assistance in accordance with a new Medicaid part B (State Programs for Premium and Cost-Sharing Assistance), which includes a grant program for providing cost-sharing assistance for certain individuals with incomes above 100 percent of the poverty line. Title IV: Administrative Simplification and Privacy - Amends SSA title XI to: (1) delay employer reporting requirements under Medicare and Medicaid Coverage Data Bank provisions; (2) terminate the Bank, effective January 1, 1996; (3) provide for administration simplification in the health care system, including Medicaid and Medicare, through an information network developed according to certain specified data element standards and requirements for electronic transmission and accessing of certain health information; (4) direct the Secretary to establish standards for certifying health information network services as qualified services and for establishing the form of health security cards issued by health plans and the information to be encoded electronically on such cards; (5) provide penalties for failure to comply with data element standards and requirements and for misuse of health security cards and personal health identifiers; (6) provide billing rules for clinical laboratory services; (7) establish the Health Care Information Advisory Committee for advising the Secretary and the Congress with respect to the health information network and network operations; (8) provide for demonstration projects to promote development and use of electronically integrated community-based clinical information systems and computerized patient medical records; (9) provide for privacy of health information; and (10) authorize appropriations. Amends SSA title XVIII (Medicare) to repeal provisions requiring the identification of secondary payer situations. Title V: Malpractice and Fraud - Subtitle A: Federal Tort Reform - Amends SSA title XI to provide for Federal medical malpractice provisions preempting inconsistent State laws (with specified exceptions) for governing malpractice actions brought in State or Federal courts (except with regard to actions arising from a vaccine-related injury or death covered under the Public Health Service Act) without establishing any new basis for bringing malpractice in Federal courts. Requires: (1) States participating under new SSA title XXI to establish alternative dispute resolution procedures for settling medical malpractice claims; and (2) any such claims to have gone through and reached final resolution under such procedures in order for any medical malpractice liability action to be brought with respect to such claim in a participating State. Authorizes the Secretary to provide funds to one or more eligible participating States to establish no-fault medical liability system demonstration projects to replace the common law tort liability system for medical injuries. Authorizes appropriations. Subtitle B: Expanded Efforts to Control Health Care Fraud and Abuse Affecting Federal Outlay Programs - Amends SSA title XI to provide for additional measures for controlling health care fraud and abuse affecting Federal outlay programs, among other means by: (1) mandating a joint program by the Secretary and the Attorney General to coordinate Federal, State, and local law enforcement programs to control fraud and abuse affecting Federal outlay programs; (2) providing qualified immunity to individuals providing information to such officials on health care fraud or abuse; (3) establishing the HHS Office of Inspector General Asset Forfeiture Proceeds Fund, consisting of all proceeds from forfeitures that have been transferred to the HHS Inspector General (IG) from the Department of Justice Asset Forfeiture Fund and available to the IG for investigation expenses; (4) allowing rewards for information leading to possible prosecution for a Federal health care offense; and (5) making revisions with regard to civil monetary penalties for health care fraud and abuse, including increasing such penalties, and with regard to private rights of action and mandatory exclusion from health care program participation. (Sec. 531) Amends Federal criminal code and (Civil False Claims Act) provisions, covering health care fraud as well as theft and embezzlement, false statements, and bribery and graft in connection with health care, and false claims for payments by health plans in order to conform to the changes made above under SSA. Title VI: Medicare, Medical Education, and Medicaid - Subtitle A: Medicare - Amends SSA title XVIII to replace provisions on payments to health maintenance organizations and competitive medical plans with provisions on payments to certain certified standard health plans, modifying provisions with regard to risk-contracting. (Sec. 611) Makes various specified changes in provisions related to Medicare part A (Hospital Insurance) and concerned with: (1) inpatient hospital services updates for prospective payment system hospitals; (2) payment reductions for capital-related costs for inpatient hospital services; (3) disproportionate share payment reductions; (4) payment methodology for rehabilitation and long-term care hospitals; (5) new designations of new long-term hospitals; (6) extension of the freeze on updates to routine service cost limits for skilled nursing facilities; (7) payments for sole community hospitals with teaching programs and multihospital campuses; (8) Medicare-dependent, small rural hospitals; (9) the rural health transition grant program; (10) a new limited service hospital program replacing the essential access community hospital program; (11) rural primary care hospitals and medical assistance facilities; and (12) termination of indirect medical education payments. (Sec. 622) Directs the Secretary to study and report to the Congress on subacute care. (Sec. 631) Makes various specified changes in provisions related to Medicare part B (Supplementary Medical Insurance) and concerned with: (1) updates for physicians' services; (2) volume performance standard rates of increase; (3) limitations on payment for physicians' services relating to inpatient stays in certain hospitals; (4) underserved area bonus payments; (5) development and implementation of resource-based methodology for practice expenses; (6) demonstration projects for Medicare State-based performance standard rate of increase; (7) elimination of formula-driven overpayments for certain outpatient hospital services; (8) eye or eye and ear hospitals; (9) imposition of coinsurance on laboratory services; (10) competition acquisition for items and services and laboratory services; (11) expanded coverage for physician assistants and nurse practitioners; and (12) general part B premiums. (Sec. 651) Makes various specified changes in provisions related to Medicare parts A and B and concerned with: (1) Medicare as secondary payer; (2) physician referral exceptions; (3) Medicare supplemental policies; (4) reductions in routine cost limits for home health services; (5) termination of graduate medical education payments; and (6) extension of social health maintenance organization demonstrations. (Sec. 653) Requires the Secretary to use a competitive process to contract with centers of excellence for cataract surgery and coronary artery by-pass surgery with payment under Medicare to be made for services subject to such contracts on the basis of specified negotiated or all-inclusive rates. (Sec. 659) Requires the Prospective Payment Assessment Commission and the Physician Payment Review Commission to each study and report to the Congress on Medicare spending. (Sec. 660) Directs the Secretary to develop a process to ensure that Medicare claims are submitted first by Medicare, Medicare supplemental policies, and other policies that provide supplemental benefits under Medicare before providers can submit claims to Medicare beneficiaries. Subtitle B: Medical Education - Amends SSA title XVIII to add a new part D (Medical Education) providing Federal payments to: (1) qualified applicants of approved physician and dental training programs and graduate nurse training programs; (2) medical schools for certain costs; and (3) academic health centers and other eligible institutions. Establishes the Graduate Medical Education and Academic Health Centers and Biomedical and Behavioral Research Trust Fund Advisory Committee to study and report to the Congress on operations of the Graduate Medical Education and Academic Health Centers Trust Fund, and the Biomedical and Behavioral Research Trust Fund. Authorizes appropriations. Subtitle C: Home and Community-Based Services - Amends SSA title XIX to add new parts: (1) C (State Programs for Home and Community-Based Services for Individuals with Disabilities) under which each State with an approved plan for home and community-based services for individuals with disabilities can receive Federal payments to provide such services to such individuals; and (2) D (Payments to Hospitals Serving Vulnerable Populations). Subtitle D: Medicaid Program - (Sec. 671) Limits: (1) coverage under Medicaid of items and services covered under the standard benefits package; and (2) State expenditures to certified health plans. Provides that no certified health plan with a Medicaid contract could have more than 50 percent of its enrollment composed of SSI-Medicaid recipients. (Sec. 673) Replaces disproportionate share hospital payment provisions with provisions relating to payments to hospitals serving vulnerable populations. (Sec. 674) Sets forth Medicaid long-term care provisions, including provisions for payments for personal care services and frail elderly services. (Sec. 675) Provides for an increased resource disregard for individuals receiving certain services. (Sec. 676) Increases the number of frail elderly demonstration project waivers. Amends the Omnibus Budget Reconciliation Act of 1986 to provide for the development of waiver protocols and model certification guidelines for an organization operating a demonstration project under such a waiver. (Sec. 677) Eliminates the: (1) requirement of prior institutionalization with respect to habilitation services furnished under a waiver for home or community-based services; and (2) rule regarding availability of beds in certain institutions. (Sec. 679) Provides for Medicaid coverage of all certified nurse practitioner and clinical nurse specialist services. Title VII: Revenue Provisions - Subtitle A: Financing Provisions - Amends the Internal Revenue Code to increase the excise taxes on cigarettes and other tobacco products. Applies such increase to tobacco products manufactured and sold in Puerto Rico. Increases such taxes for a temporary period for the funding of subsidies for children and pregnant women. (Sec. 703) Imposes an excise tax on the manufacture or importation of roll-your-own tobacco. (Sec. 705) Imposes a tax: (1) on a percentage of premiums received under taxable health insurance policies; and (2) on a percentage of amounts received for health-related administrative services. Imposes on self-insured plans a monthly tax on a percentage of the accident or health coverage expenditures and direct administrative expenditures. (Sec. 706) Imposes a 25 percent tax on high cost health plans to be paid by the issuer or the plan sponsor. Makes such tax non-deductible. (Sec. 711) Provides for the recapture of certain health care subsidies received by high-income individuals. Transfers such amounts to the Supplementary Medical Insurance Trust Fund. (Sec. 715) Increases the excise tax on certain hollow point and large caliber handgun ammunition. (Sec. 716) Requires certain shareholders of S corporations and limited partners who materially participate in corporate activities to include their share of income or loss from such corporation when determining net earnings from self-employment. (Sec. 717) Provides for extending Medicare coverage and applying the hospital insurance tax to all State and local government employees. Subtitle B: Tax Treatment of Employer-Provided Health Care - Imposes a tax on employer-provided health benefits that do not meet the requirements for permitted coverage. (Sec. 722) Includes in gross income health insurance coverage provided through flexible spending arrangements. (Sec. 723) Extends the deduction for health insurance costs of self-employed individuals until December 31, 1995. Subtitle C: Deduction for Individuals Purchasing Own Health Insurance - Allows a full deduction for the costs to individuals who purchase their own health insurance. Allows such deduction against the gross income of the individual. Subtitle D: Exempt Organizations - Sets forth qualification and disclosure requirements for tax-exempt health care organizations. (Sec. 742) Imposes an excise tax on the beneficiary of a taxable insurement and on the management of the participating tax-exempt health care organization. (Sec. 743) Provides for the treatment of health maintenance organizations, parent organizations, and health insurance purchasing cooperatives as tax-exempt entities. (Sec. 744) Provides for the taxation as an insurance company other than a life insurance company of certain organizations that provide health insurance and other prepaid health care services. (Sec. 746) Provides a tax exemption for certain qualified high risk insurance pools. (Sec. 748) Provides for the tax treatment of bonds of certain nonprofit tax-exempt organizations in a manner similar to governmental bonds. Subtitle E: Tax Treatment of Long-Term Care Insurance and Services - Treats qualified long-term care services as medical care for purposes of the medical expense deduction. (Sec. 752) Provides for the treatment of long-term care insurance as accident and health insurance. (Sec. 753) Allows accelerated death benefits under life insurance contracts to be paid to terminally ill individuals. Subtitle F: Health Care Trust Funds - Establishes the following trust funds to finance health-related programs: (1) the Health Security Trust Fund; (2) the Graduate Medical Education and Academic Health Centers Trust fund; and (3) the Biomedical and Behavioral Research Trust fund. Provides funding for such Trust Funds through tax and assessments made under this Act. Subtitle G: Other Revenue Provisions - Requires the Secretary of the Treasury to submit to specified congressional committees a legislative proposal providing statutory standards for the classification of workers as employees or independent contractors. (Sec. 772) Increases the penalty for failure to file correct information for returns involving payments for services. (Sec. 775) Allows a tax credit for certain primary health services providers that practice in health professional shortage areas. (Sec. 776) Increases the amount allowed to be expensed as a depreciable business asset if such asset is medical equipment. (Sec. 781) Requires additional reserves for post-retirement medical and life insurance benefits to cover not less than ten years of the working lives of covered employees and to be maintained as separate accounts. (Sec. 783) Allows a tax credit for the cost of personal assistance services required by certain employed individuals. Limits the amount of such credit and provides a cost-of-living adjustment. (Sec. 785) Makes the limit on annual deferrals inapplicable in the case of an individual covered under an excess benefit arrangement maintained by a tax-exempt group medical practice. Subtitle H: Ensuring Health Care Financing - Sets forth provision to ensure that programs under this Act and unanticipated increases in other Federal health spending do not increase the Federal deficit.

An original bill to state the sense of the Senate on the TRICARE program of the Department of Defense and to facilitate the full implementation of the program by authorizing the reimbursement of the program for the cost of care provided under the program to certain medicare-eligible individuals.

United States · United States Congress · 1 August 1994

Expresses the sense of the Senate that: (1) the health care program of the Department of Defense (DOD) known as TRICARE reflects a commitment to cooperation between the military departments and integrates the provision of health care by mlitary medical facilities; (2) full implementation of the TRICARE program will enhance DOD readiness to provide health care in support of military operations, as well as routine military health care, and will result in improved access to health care and enhancement of DOD medical facilities; and (3) Medicare (title XVIII of the Social Security Act) reimbursement is essential if the TRICARE program is to compete effectively among nationwide providers of health care services. Provides that, in the case of a person who is a Medicare-eligible individual who receives services in a certified military medical facility, the Secretary of Health and Human Services (HHS) shall be responsible for making reimbursement payments to the certified facility providing such care. Requires the Secretary of Defense to certify to the HHS Secretary a list of all military facilities that meet or exceed Medicare requirements that apply to a public facility, as well as all DOD health plans that meet or exceed Medicare HMO requirements.

Expressing the sense of the House of Representatives that Congress, in providing funds for any fiscal year for programs to assist the homeless, should ensure that these funds are fairly apportioned for homeless veterans to help return homeless veterans to self-sufficient and productive lives.

United States · United States Congress · 1 August 1994

Expresses the sense of the House of Representatives that: (1) a more proportionate share of funds appropriated for homeless programs should be appropriated to the Secretary of Veterans Affairs for homeless veterans programs; and (2) funds appropriated for any fiscal year for homeless programs should be administered by all agencies in a proportional manner to aid homeless veterans.

A bill to extend benefits for qualified service to certain merchant mariners who served during World War II, and for other purposes.

United States · United States Congress · 29 July 1994

Extends veterans' benefits to an individual who served as a member of the U.S. merchant marine between August 16, 1945 and December 31, 1946, who, during that period, was licensed or otherwise documented by an officer or employee of the United States authorized to license or document such individual, and who was a crewmember of a vessel that at the time of service was: (1) operated by the War Shipping Administration or the Office of Defense Transportation, or an agent thereof; (2) operated in waters other than inland waters, the Great Lakes, other lakes, bays, and harbors of the United States; (3) under contract, charter to, or property of, the U.S. Government; and (4) serving the armed forces. Establishes application procedures. Requires the issuance of an honorable discharge, subject to the same standards relating to the nature and duration of service that apply to the honorable discharges issued under the GI Bill Improvement Act of 1977, to an individual who performed qualified service. Deems qualified service of an individual who receives an honorable discharge under this Act and who is not eligible under any other provision of law for benefits administered by the Secretary of Veterans Affairs to be active duty in the armed forces during a period of war for purposes of eligibility for benefits. Sets forth provisions regarding: (1) reimbursement of the Secretary for the value of benefits that the Department of Veterans Affairs provides to an individual by reason of eligibility under this Act; and (2) processing fees to correct records.

Employment Enhancement Reform Act

United States · United States Congress · 29 July 1994

TABLE OF CONTENTS: Title I: Consolidation of Federal Employment Assistance Programs Subtitle A: Block Grants to States Subtitle B: Consolidation and Repeal of Certain Federal Employment Assistance Programs Title II: Notice of Availability of Earned Income Credit Title III: Repeal of Temporary Futa Surtax Employment Enhancement Reform Act - Title I: Consolidation of Federal Employment Assistance Programs - Subtitle A: Block Grants to States - Establishes a block grant program to prepare individuals for employment by increasing their occupational and educational skills. Authorizes the Secretary of Labor to make such grants, for up to five-year periods subject to annual approval and availability of appropriations, to States to provide employment assistance to eligible individuals. Reserves funds for grants to Indian tribes and migrant and seasonal farm worker organizations. (Sec. 103) Allocates such grants to States on the basis of relative numbers of: (1) unemployed in areas of substantial unemployment; (2) excess unemployed; and (3) economically disadvantaged adults. (Sec. 104) Sets forth requirements for applications, use of grants, and conduct of State programs. Requires State programs to provide employment assistance to the following types of eligible individuals: (1) economically disadvantaged and 14 years or older; (2) certain types of dislocated workers; (3) individuals with disabilities; (4) Armed Forces members being separated under other than adverse conditions; (5) unemployed veterans; and (6) displaced homemakers. Requires States to: (1) profile and evaluate individuals to determine the employment assistance services to be provided; (2) notify individuals of other sources of supportive services; (3) provide appropriate employment assistance, within specified limits; (4) monitor rates of individuals successfully obtaining employment after separation from the program, according to specified criteria; and (5) establish one-stop-shop centers throughout the State for program information and profiling and evaluation. Authorizes certain discretionary activities under State programs. (Sec. 107) Directs the Secretary to make biennial determinations of State success in placing individuals in employment. Authorizes reduction or termination of payments when a State has not been successful, and reinstatement or increase of payments when a State implements appropriate modifications of its program. (Sec. 110) Authorizes appropriations. Subtitle B: Consolidation and Repeal of Certain Federal Employment Assistance Programs - Chapter 1: Consolidation of Programs - Amends the Stewart B. McKinney Homeless Assistance Act to eliminate community mental health services demonstration projects for homeless individuals who are chronically mentally ill. (Sec. 112) Amends the Rehabilitation Act of 1973 to add requirements for State collaborative programs of supported employment services for individuals with the most severe disabilities, special recreation activities and services, and projects with industry. Repeals other provisions for special project grants for supported employment programs, special recreational programs, projects with industry, and supported employment services for individuals with severe disabilities. Chapter 2: Repeal of Programs - Repeals Higher Education Act of 1965 provisions for special programs for students whose families are engaged in migrant and seasonal farmwork. (Sec. 122) Repeals: (1) the disabled veterans outreach program and the local veterans employment representative program under Federal law relating to veterans; and (2) the homeless veterans reintegration project under the Stewart B. McKinney Homeless Assistance Act. (Sec. 123) Repeals: (1) the Foster Grandparent and Senior Companion programs under the Domestic Volunteer Service Act; (2) employment and training program provisions under the Food Stamp Act of 1977 (but allowing college students who are parents responsible for care of a dependent child under age 6 to be eligible for the food stamp program); and (3) the older American community service employment program under the Older Americans Act of 1965. (Sec. 124) Repeals the Job Training Partnership Act, except those provisions relating to the Job Corps. Authorizes appropriations for the Job Corps. (Sec. 125) Repeals the Appalachian vocational and other educational facilities and operations program under the Appalachian Regional Development Act of 1965. (Sec. 126) Repeals certain provisions relating to rules for computing the targeted job credit under the Internal Revenue Code. (Sec. 127) Repeals the JOBS (job opportunities and basic skills training) program provisions for recipients of AFDC (aid to families with dependent children) under the Social Security Act. (Sec. 128) Repeals: (1) the Service Members Occupational Conversion and Training Act of 1992; (2) the Adult Education Act; (3) the Carl D. Perkins Vocational and Applied Technology Education Act; (4) the National Literacy Act of 1991; and (5) and the Indian Employment, Training and Related Services Demonstration Act of 1992. (Sec. 133) Repeals special programs relating to adult education for Indians, under the Indian Education Act of 1988. (Sec. 134) Repeals special Social Security Act provisions relating to Indian tribes and JOBS training programs. (Sec. 135) Repeals provisions for for the VISTA Literacy Corps under the Domestic Volunteer Service Act of 1973. (Sec. 136) Repeals: (1) the Wagner-Peyser Act (employment agencies); (2) the adult education for the homeless grants program and the job training for the homeless demonstration grants program under the Stewart B. McKinney Homeless Assistance Act; (3) the trade adjustment assistance for workers program under the Trade Act of 1974; (4) FY 1993 and 1994 authorizations of appropriations for certain grants, as well as certain technical assistance conditions, under the Homeownership and Opportunity through HOPE Act; and (5) the State legalization impact-assistance grants program under the Immigration Reform and Control Act of 1986. Subtitle C: Effective Dates - Sets forth effective dates. Title II: Notice of Availability of Earned Income Credit - Amends the Social Security Act and the Food Stamp Act of 1977 to require that notice of availability of the earned income tax credit be provided to applicants for and former recipients of AFDC, Medicaid, or food stamps. (Sec. 202) Amends the Omnibus Budget Reconciliation Act of 1990 to require printing of a notice of the availability of the earned income tax credit and the dependent care tax credit on W-4 forms for employee withholding exemptions. Title III: Repeal of Temporary FUTA Surtax - Repeals the temporary FUTA (Federal Unemployment Tax Act) surtax under the Internal Revenue Code.

A bill to amend title 38, United States Code, to extend or make permanent certain authorities and requirements under that title.

United States · United States Congress · 28 July 1994

Makes permanent: (1) the authority of the Secretary of Veterans Affairs to provide an exception from retirement in the case of registered nurses during a severe shortage in such positions; and (2) the required review by the Secretary of proposed agreements for special pay for physicians and dentists employed by the Department of Veterans Affairs when such special pay exceeds a certain amount. Extends through December 31, 1996, the authority of the Secretary to enter into enhanced-use leases of real property.

People's Protection Crime Control Act of 1994

United States · United States Congress · 28 July 1994

TABLE OF CONTENTS: Title I: Public Safety and Policing Subtitle A: Cops on the Beat Subtitle B: Safe Schools Subtitle C: Criminal Street Gangs; Crimes Against Children; Parental Accountability Subtitle D: Punishment of Serious Juvenile Offenders Title II: State Prison Construction Grants Title III: Elimination of Delays in Carrying Out Sentences Subtitle A: Post Conviction Petitions: General Habeas Corpus Reform Subtitle B: Special Procedures for Collateral Proceeding in Capital Cases Subtitle C: Funding for Litigation of Federal Habeas Corpus Petitions in Capital Cases Title IV: Two Strikes, You're Out Title V: Taking Prisoners Off the Streets Subtitle A: Expanding Prison Capacity Subtitle B: Restriction on Court Jurisdiction Subtitle C: Limitation of Prisoners' Rights Subtitle D: Prison Governance Title VI: Victims Rights Subtitle A: Generally Subtitle B: Admissibility of Evidence Subtitle C: Good Faith Exemption to the Exclusionary Rule Title VII: Protection of Women Subtitle A: Spouse Abuse and Stalking Subtitle B: Victims of Sexual Violence Subtitle C: Punishment of Sex Offenders Subtitle D: Rural Domestic Violence and Child Abuse Enforcement Title VIII: Criminal Aliens and Alien Smuggling Subtitle A: Deportation of Criminal Aliens Subtitle B: Prevention and Punishment of Alien Smuggling Title IX: Instant Check, Rural Drug Task Forces, and Enhanced Drug Penalties Subtitle A: Instant Check System for Handgun Purchases Subtitle B: Drug Trafficking in Rural Areas Subtitle C: Miscellaneous Title X: Miscellaneous Title XI: Penalties for Harassment or Obstruction of Lawful Hunting Title XII: Violent Crime Reduction Trust Fund People's Protection Crime Control Act of 1994 - Title I: Public Safety and Policing - Subtitle A: Cops on the Beat - Public Safety Partnership and Community Policing Act of 1994 - Amends the Omnibus Crime Control and Safe Streets Act of 1968 (Omnibus Act) to authorize the Attorney General to make grants to units of State and local government, and to other public and private entities, to increase police presence, expand and improve cooperative efforts between law enforcement agencies (LEAs) and members of the community to address crime and disorder problems, and otherwise enhance public safety. Permits such grants to be used for programs, projects, and other activities to rehire law enforcement officers who have been laid off as a result of State and local budget reductions and to hire new, additional career law enforcement officers and former members of the armed forces as career law enforcement officers, for deployment in community-oriented policing. Sets forth provisions regarding: (1) additional authorized grant projects involving police and community interaction; (2) preferential consideration for certain grants; (3) technical assistance; (4) matching funds; (5) fund allocation; (6) the termination of grants for hiring officers; (7) application requirements; (8) review of applications by a designated State office; (9) grant renewal; (10) limits on use of funds; (11) performance evaluation; (12) revocation or suspension of funding; and (13) access by the Attorney General and Comptroller General to documents. Authorizes appropriations. Subtitle B: Safe Schools - Amends the Controlled Substances Act (CSA) to increase penalties for drug trafficking in or near schools. (Sec. 112) Authorizes: (1) a school district to elect to qualify as a Federal safe school district by decision of a local educational agency or by referendum of the voters in a school district served by such an agency; and (2) the Attorney General to make grants to local educational agencies or LEAs of Federal safe school districts to pay for enhanced school security measures. (Sec. 113) Increases penalties for violation of the Gun-Free School Zones Act. Subtitle C: Criminal Street Gangs; Crime Against Children; Parental Accountability - Amends the Federal criminal code to prohibit: (1) committing specified "predicate gang crimes" (including murder, assault, kidnapping, arson, and retaliating against a witness, victim, or informant) with intent to promote or further the activities of a criminal street gang or for the purpose of gaining entrance to, or maintaining or increasing position in, a gang; (2) participating in, or inducing any individual to participate in, a gang; (3) employing or inducing any individual to commit a predicate gang crime with such intent; or (4) using any communication facility in causing or facilitating the commission of such a crime with such intent. Sets penalties for violations. Authorizes the Attorney General and the Secretary of the Treasury to investigate such offenses. Directs the U.S. Sentencing Commission to amend the sentencing guidelines to increase the base offense level for any felony committed for the purpose of gaining entrance into, or maintaining or increasing position in, a gang. (Sec. 122) Amends: (1) the Federal criminal code to set penalties for drive-by shootings; (2) the Omnibus Act to include among drug control and system improvement grant funding objectives law enforcement and prevention programs relating to gangs or to youth who are involved or at risk of being involved in gangs; and (3) the CSA to increase penalties for drug trafficking in or near public housing. (Sec. 125) Amends the Federal criminal code to require the parent or legal guardians of a juvenile charged with any violation of Federal law to attend all court proceedings involving the juvenile (attendance provision), with exceptions. Makes the parents or legal guardians of a juvenile who has been convicted of a criminal offense under any Federal law liable to the United States for a civil penalty of not more than $10,000, with exceptions. Authorizes the court to decline to enforce the attendance provision if it would cause undue hardship or to impose such penalty if the court determines that the parents or legal guardians exercised reasonable care, supervision, and control of the juvenile and counseled the juvenile that criminal activity is unacceptable. Sets forth provisions regarding the amount of civil penalties. Permits a parent or legal guardian ordered to pay the penalty to petition the court to perform community service or attend and successfully complete parenting classes in lieu of such penalty. (Sec. 126) Provides for imposition of the death penalty for murder during the sexual exploitation of children. (Sec. 127) Increases penalties for sex offenses against victims below age 16. (Sec. 128) Sets penalties for international trafficking in child pornography. (Sec. 129) Requires: (1) the Attorney General to establish guidelines for State legislation that prohibits the production, distribution, receipt, or possession of materials depicting a person under age 18 engaging in sexually explicit conduct and that provides for a maximum imprisonment of at least one year and for the forfeiture of assets used in, or gained from, such offenses; and (2) each State to enact and maintain legislation complying with such guidelines in order to receive assistance under provisions of the Victims of Crime Act and the Child Abuse Prevention and Treatment Act. (Sec. 130) Provides for national registration of convicted child abusers. Requires the Attorney General to establish guidelines for State registration programs. Authorizes a State to permit qualified entities to obtain from an authorized State agency a nationwide background check on a provider. (Sec. 131) Increases penalties for: (1) assaults against children; (2) using minors in drug trafficking; (3) drug distribution to minors; and (4) using a minor in the commission of a Federal offense. (Sec. 132) Amends the CSA to set penalties for physical trainers or advisers who attempt to persuade or induce a person to possess or use anabolic steroids. (Sec. 133) Directs the Sentencing Commission to: (1) amend the sentencing guidelines to increase by at least four levels the base offense level for sexual abuse offenses; and (2) review the appropriateness and adequacy of existing offense characteristics and adjustments applicable to such offenses. (Sec. 134) Provides for interstate enforcement of child support orders. (Sec. 135) Amends the Social Security Act to require that procedures by which information regarding the amount of overdue child support owed by an absent parent residing in the State be made available to any consumer reporting agency (currently, at the request of such agency). Repeals a provision authorizing the State to impose a fee for furnishing the information. (Sec. 136) Makes certain crimes involving the use of persons below age 18 predicates to an offense under the Racketeer Influenced and Corrupt Organizations Act (RICO). (Sec. 139) Makes it a Federal offense to remove a child from, or to retain a child outside, the United States to obstruct the lawful exercise of parental rights. (Sec. 140) Authorizes appropriations to carry out State court programs regarding international parental child abduction. Subtitle D: Punishment of Serious Juvenile Offenders - Makes serious juvenile drug offenses Armed Career Criminal Act predicates. (Sec. 152) Provides for the prosecution as adults of violent juvenile offenders. (Sec. 153) Requires that juveniles found guilty of certain offenses be fingerprinted and photographed, with such fingerprints and photographs sent to the Federal Bureau of Investigation (FBI), Identification Division. Directs the court to transmit to such division information concerning the adjudication. Title II: State Prison Construction Grants - Authorizes the Attorney General to provide grants to States to build, expand, or operate space in correctional facilities in order to increase prison bed capacity. (Sec. 202) Sets forth formulas for the distribution of Federal funds in FY 1995 through 1999 based on the number of violent crimes reported by the States to the FBI. Allocates 25 percent of the total amount of funds appropriated under this title in each of FY 1996 through 1999 to States which make specified changes to State laws and regulations, such as inclusion of: (1) truth in sentencing laws which require persons convicted of violent crimes to serve not less than 85 percent of the sentence imposed; (2) mandatory prison sentences for persons convicted of the most serious violent crimes; (3) pretrial detention for those whose release can be shown to pose a danger to any other person or the community; and (4) the requirement that a juvenile who was age 13 or older on the date of the commission of a violent felony be prosecuted as an adult. (Sec. 203) Authorizes appropriations, subject to specified limitations. Title III: Elimination of Delays in Carrying Out Sentences - Subtitle A: Post Conviction Petitions: General Habeas Corpus Reform - Amends the Federal judicial code to establish a one-year statute of limitations for habeas corpus actions brought by State prisoners. (Sec. 302) Vests authority to issue certificates of probable cause for appeal of habeas corpus orders exclusively in the courts of appeals. (Sec. 304) Permits the denial of a habeas corpus petition on the merits notwithstanding the failure of the applicant to exhaust State court remedies. (Sec. 305) Imposes a one-year period of limitation for filing for collateral relief by Federal prisoners. Subtitle B: Special Procedures for Collateral Proceedings in Capital Cases - Amends the Federal judicial code to set forth special habeas corpus procedures in capital cases, including provisions governing: (1) appointment of counsel; (2) stays of execution; (3) filing of a habeas corpus petition; (4) State unitary review procedures applicability; and (5) time limits for determining such a petition or a motion to correct a sentence. Subtitle C: Funding for Litigation of Federal Habeas Corpus Petitions in Capital Cases - Amends the Omnibus Act to require the Director of the Bureau of Justice Assistance to provide grants to the States to support litigation pertaining to Federal habeas corpus petitions in capital cases. Title IV: Two Strikes, You're Out - Directs the court, in the case of a conviction for a Federal violent felony, to sentence the defendant to prison for life if the defendant has previously been convicted of one or more other violent felonies (and if a death results, subjects the defendant to the death penalty). Title V: Taking Prisoners Off the Streets - Subtitle A: Expanding Prison Capacity - Amends the Davis-Bacon Act to make provisions concerning the rate of wages for laborers and mechanics inapplicable to prison construction. Subtitle B: Restriction on Court Jurisdiction - Amends the Federal judicial code to deny the district court, in any action challenging the constitutionality of conditions of confinement in any correctional institution housing persons accused or convicted of a crime or juveniles adjudicated delinquent, jurisdiction to: (1) impose a ceiling on the population of any correctional institution or to require any adjustment of the release dates of inmates; or (2) prohibit the use of tents or prefabricated structures for housing inmates. Prohibits any consent decree in any such action from providing relief greater than the minimum required to bring the conditions of confinement into substantial compliance with the Constitution. Provides for modification of orders or decrees. Subtitle C: Limitation of Prisoners' Rights - Amends the Civil Rights of Institutionalized Persons Act to prohibit an adult who is convicted of a crime and confined in any correctional facility from bringing a civil action for deprivation of rights until available plain, speedy, and effective administrative remedies are exhausted. Specifies that such exhaustion of remedies may not be required unless the Attorney General has certified, or the court has determined, that such remedies are in substantial compliance with specified minimum acceptable standards (as under current law) or are otherwise fair and effective. Applies such standard to review and certification procedures under the Act. Directs the court, on its own motion or on motion of a party, to dismiss specified actions brought by an adult convicted of a crime and confined in any correctional facility if the court is satisfied that the action: (1) fails to state a claim upon which relief can be granted; or (2) is frivolous or malicious. Repeals a provision of such Act requiring that the minimum standards provide for an advisory role for employees and inmates of a correctional facility in the formulation, implementation, and operation of the system for resolution of inmate grievances. (Sec. 515) Amends the Federal judicial code to require the court to dismiss a case in a forma pauperis proceeding if the allegation of poverty is untrue or if the action fails to state a claim upon which relief may be granted or is frivolous or malicious, even if partial filing fees have been imposed by the court. Requires a prisoner in a correctional institution to include in a filed affidavit a statement of all assets such prisoner possesses. Directs the court to ask the correctional institution for information relating to the extent of the prisoner's assets and to require full or partial payment of filing fees according to the prisoner's ability to pay. Subtitle D: Prison Governance - Amends the Federal criminal code to authorize corporal punishment for the discipline of Federal prisoners convicted of crime who commit serious infractions of prison policy or rules regarding inmate behavior. (Sec. 522) Requires the Director of the Bureau of Prisons to develop and implement a Federal prison housing plan that provides three levels of prisoner housing quality, amenities, and privileges, as incentive awards directly related to the degree of prison-related work in which each inmate voluntarily participates. Title VI: Victims Rights - Subtitle A: Generally - Amends the Federal criminal code to require the Bureau of Prisons to provide 30 days' notice before the release of a prisoner to: (1) the judge, jury, attorneys, victims, and victims' family members in the case in which the prisoner was convicted; and (2) the local authorities in the place of conviction. (Sec. 602) Directs (current law authorizes) the court, when sentencing a defendant convicted of an offense under the Federal criminal code or under specified provisions of the Federal Aviation Act of 1958, to order that the defendant make restitution to any victim of the offense. Authorizes the court to further order restitution of any person who was harmed physically, emotionally, or pecuniarily by unlawful conduct of the defendant related to the offense. Directs the court to order restitution of the full amount of the victim's losses without consideration of: (1) the economic circumstances of the offender; or (2) the victim's compensation with respect to a loss from insurance or any other source. Sets forth provisions regarding: (1) the manner of and schedule for restitution; (2) circumstances in which there is more than one offender or more than one victim; (3) the effect of compensation from insurance or other sources; (4) setoffs; (5) compliance with a restitution order as a condition of probation, parole, or other form of release; (6) enforcement of a restitution order; and (7) procedures for issuing an order of restitution. (Sec. 603) Revises Federal Rule of Criminal Procedure: (1) 24(b) to entitle each side to six peremptory challenges (currently, six for the Government and ten for the defendant or defendants jointly); and (2) 32 to provide for a victim's right of allocution in sentencing for a crime of violence or sexual abuse. (Sec. 605) Sets penalties for retaliatory killings of witnesses, victims, and informants. Subtitle B: Admissibility of Evidence - Amends the Federal Rules of Evidence (FRE) to allow evidence of similar offenses in criminal or civil sexual assault and child molestation cases. (Sec. 612) Revises FRE 412 (sex offense cases; relevance of victim's past behavior) to: (1) expand the scope of the rape shield law and to require that an order admitting evidence of a victim's past sexual behavior explain the finding of relevance and the basis of a finding that the probative value of the evidence outweighs the danger of unfair prejudice; and (2) make inadmissible evidence to show invitation or provocation by a victim in sexual abuse cases. Subtitle C: Good Faith Exemption to the Exclusionary Rule - Specifies that evidence shall not be excluded on the ground that a search or seizure was in violation of the Fourth Amendment to the Constitution if carried out in circumstances justifying an objectively reasonable belief that it was in conformity with the Fourth Amendment. Makes the fact that evidence was obtained pursuant to and within the scope of a warrant prima facie evidence of the existence of such circumstances. Specifies that evidence shall not be excluded in a proceeding in a court of the United States on the ground that it was obtained in violation of a statute, administrative rule or regulation, or rule of procedure unless exclusion is expressly authorized by statute or by rule prescribed by the Supreme Court pursuant to statutory authority. Title VII: Protection of Women - Subtitle A: Spouse Abuse and Stalking - Amends the Federal criminal code to: (1) set penalties for interstate travel to commit spouse abuse or to violate a protective order; and (2) provide for full faith and credit of protective orders among the States. Subtitle B: Victims of Sexual Violence - Establishes a civil remedy for victims of sexual violence. (Sec. 712) Authorizes the restitution of victims of sex offenses. (Sec. 713) Provides for pretrial detention in sex offense cases. Subtitle C: Punishment of Sex Offenders - Provides for imposition of the death penalty for persons engaging in sexual abuse resulting in death. (Sec. 722) Increases penalties for recidivist sex offenses. (Sec. 723) Directs the Sentencing Commission to amend the sentencing guidelines to increase the base offense level for sex offenses. (Sec. 724) Provides for testing for human immunodeficiency virus for persons charged in sex offense cases and the disclosure of the test results to the victim. Directs the Sentencing Commission to amend existing guidelines for sentences for sex offenses where the offender knew or had reason to know that he was infected with such virus, except where the offender did not engage or attempt to engage in conduct creating a risk of transmission of the virus to the victim. Subtitle D: Rural Domestic Violence and Child Abuse Enforcement - Authorizes the Attorney General to make grants to State and local governments and other public or private entities of rural States to: (1) implement, expand, and establish cooperative efforts and projects between law enforcement officers, prosecutors, victim advocacy groups, and other related parties to investigate and prosecute incidents of domestic violence and child abuse; (2) provide treatment and counseling to victims of domestic violence and child abuse; and (3) work in cooperation with the community to develop education and prevention strategies directed toward such issues. Authorizes appropriations. Title VIII: Criminal Aliens and Alien Smuggling - Subtitle A: Deportation of Criminal Aliens - Amends the Immigration and Nationality Act (INA) to permit an alien sentenced to imprisonment to be deported prior to the termination of such imprisonment if the Immigration and Naturalization Service (INS) petitions the appropriate court or other authority to release the alien into INS custody for execution of a deportation order. Prohibits the deportation until all direct appeals of the conviction have been exhausted. (Sec. 802) Authorizes the registration of aliens on criminal probation or criminal parole within the United States. (Sec. 803) Expands the definition of "aggravated felony" to include illicit trafficking in explosive materials and a crime of violence for which the term of imprisonment is at least five years. (Sec. 804) Amends the INA to authorize the Attorney General to issue a final order of deportation without an administrative hearing or administrative review for any alien who was not lawfully admitted for permanent residence, or who had permanent resident status on a conditional basis, and whom the Attorney General determines is deportable and has been convicted of an aggravated felony. Limits judicial review of such determinations. Provides that an alien convicted of an aggravated felony shall be conclusively presumed to be deportable. (Sec. 805) Grants a U.S. district court jurisdiction to enter a judicial order of deportation at the time of sentencing against an alien convicted of an aggravated felony, if such order has been requested prior to sentencing by the U.S. Attorney. (Sec. 806) Restricts defenses to exclusion and deportation for certain aliens convicted of aggravated felonies. (Sec. 807) Enhances penalties for failing to depart or for reentering after a final order of deportation. Limits collateral attacks on deportation orders. (Sec. 809) Authorizes appropriations for a criminal alien information system. Subtitle B: Prevention and Punishment of Alien Smuggling - Authorizes appropriations for Border Patrol agents and investigators. (Sec. 813) Includes alien smuggling as a predicate to an offense under RICO. (Sec. 814) Increases penalties for: (1) employers who knowingly employ smuggled aliens; and (2) bringing in and harboring certain aliens. (Sec. 816) Subjects any property which facilitates or which has been used for smuggling or harboring illegal aliens to forfeiture. (Sec. 817) Directs the Attorney General to enter into a contract which provides for compensation to a State or political subdivision with respect to the incarceration of an undocumented criminal alien who has been convicted of a felony. Specifies the method for determining compensation. Title IX: Instant Check, Rural Drug Task Forces, and Enhanced Drug Penalties - Subtitle A: Instant Check System for Handgun Purchases - Requires each State to establish and maintain an instant criminal check system for handgun purchases. Sets forth: (1) prohibitions on uses of such information; and (2) identification procedure requirements for licensed importers, manufacturers, and dealers once a State system becomes operational and specified notice requirements are met. Sets penalties for noncompliance. (Sec. 904) Requires each State to establish a system accessible by telephone that any licensee, law enforcement officer, or court may contact for criminal history information. (Sec. 905) Provides for the correction of erroneous system information as well as a private course of action after all administrative remedies are exhausted and records are not corrected. (Sec. 906) Directs the Attorney General to expedite: (1) the incorporation of the remaining State criminal history records into the Federal criminal records systems maintained by the FBI; and (2) the development of hardware and software systems to link State criminal history check systems into the National Crime Information Center. (Sec. 907) Sets forth provisions regarding: (1) access to State criminal records; and (2) funding for improvements in State records systems. (Sec. 910) Authorizes appropriations. Subtitle B: Drug Trafficking in Rural Areas - Amends the Omnibus Act to authorize appropriations and increase the base allocation for rural drug enforcement assistance. (Sec. 912) Directs the Attorney General to establish a Rural Crime and Drug Enforcement Task Force in each of the Federal judicial districts which encompass significant rural lands. Specifies that assets seized as a result of investigations initiated by such a task force shall be used primarily to enhance the operations of the task force and its participating State and local LEAs. (Sec. 913) Authorizes the Attorney General to cross-designate up to 100 law enforcement officers with jurisdiction to enforce CSA provisions on non-Federal lands and the Federal criminal code to the extent necessary to effect the purposes of this Act. Directs the Attorney General to ensure that each of the task forces are adequately staffed with investigators. (Sec. 914) Requires the Director of the Federal Law Enforcement Training Center to develop a specialized course for training law enforcement officers from rural agencies in the investigation of drug trafficking and related crimes. Authorizes appropriations and the hiring of additional Drug Enforcement Administration agents. Subtitle C: Miscellaneous - Enhances penalties for drug trafficking in prisons. (Sec. 922) Amends the CSA and the Controlled Substances Import and Export Act to reduce the amount of cocaine involved in an offense which is necessary to trigger specified penalties. Subjects a person convicted for the possession of a mixture or substance which contains cocaine (currently, cocaine base) to specified penalties. Directs the Sentencing Commission to promulgate necessary amendments to conform the sentencing guidelines to the amendments made by this section. Title X: Miscellaneous - Amends the Higher Education Act of 1965 to prohibit the award of Pell grants to any individual incarcerated in a Federal or State penal institution. (Sec. 1002) Makes a person who is incarcerated in a Federal or State penal institution ineligible for any professional or commercial license provided by any agency or authority of the United States. (Sec. 1003) Amends the Social Security Act to make certain limitations on, and requirements regarding, the payment of Old Age, Survivors, and Disability Insurance Benefits to prisoners applicable to individuals convicted of any criminal offense (currently, a felony). (Sec. 1004) Sets limitations on the use of veterans' educational assistance by prisoners. Makes such limits inapplicable with respect to any period during which a person is participating in a work-release program or is residing in a halfway house. Title XI: Penalties for Harassment or Obstruction of Lawful Hunting - Recreational Hunting Safety and Preservation Act of 1994 - Makes it unlawful to intentionally obstruct a lawful hunt on Federal lands. (Sec. 1105) Establishes: (1) civil penalties for such violations; (2) procedures for individual and Government agent complaints; and (3) permitted uses of collected penalty money. (Sec. 1106) Authorizes injunctive relief. Permits an affected individual or sportsman's organization to bring a civil action to recover actual and punitive damages and attorney's fees. (Sec. 1107) Specifies that: (1) this title is not intended to preempt a State law or local ordinance that provides for civil or criminal penalties for a person who obstructs or otherwise interferes with a lawful hunt; and (2) the bringing of an action pursuant to this title shall not prevent an independent action against a person under a State law or local ordinance. Title XII: Violent Crime Reduction Trust Fund - Directs the President, through the Office of Management and Budget (OMB), to ensure that the number of full-time equivalent positions in all Federal agencies does not exceed specified limits during FY 1994 through 1998. (Sec. 1203) Establishes within the Treasury a Violent Crime Reduction Trust Fund. Requires specified amounts saved from the reduction in Federal positions to be deposited in the Fund. (Sec. 1204) Requires the Director of OMB to reduce certain discretionary spending limits set forth in the Congressional Budget Act for FY 1994 through 1998 as specified.

Chemical Weapons Convention Implementation Act of 1994

United States · United States Congress · 28 July 1994

TABLE OF CONTENTS: Title I: National Authority Title II: Application of Convention Prohibitions to Natural and Legal Persons Title III: Declarations by Chemical Industry Title IV: Inspections Chemical Weapons Convention Implementation Act of 1994 - Title I: National Authority - Directs the President to establish the United States National Authority to serve as the focal point for liaison with the Organization for the prohibition of Chemical Weapons and other States Parties to the convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on Their Destruction opened for signature on January 13, 1993. Title II: Application of Convention Prohibitions to Natural and Legal Persons - Amends the Federal criminal code to impose criminal penalties on anyone who knowingly develops, acquires, stockpiles, transfers, uses, owns, or possesses any chemical weapon, assists any other person in doing so, or attempts to do so. Makes such provision inapplicable to the retention, ownership, or possession of any chemical weapon that is permitted by the Convention, pending the weapon's destruction, by any Federal agency. (Sec. 201) Sets forth provisions regarding seizures and forfeitures of chemical weapons. Imposes criminal penalties upon persons who knowingly use riot control agents as a method of warfare or assist another person in doing so. Subjects members of the armed forces who engage in such activity to military penalties. (Sec. 203) Makes it unlawful for any person or any U.S. national located outside the United States to produce, acquire, transfer, or use a chemical listed on Schedule 1 of the Annex on Chemicals of the Convention unless: (1) the chemicals are applied to research, medical, pharmaceutical, or protective purposes; (2) the types and quantities of chemical are strictly limited to those that can be justified for such purposes; and (3) the amount of such chemicals per person at any given time for such purposes does not exceed a limit to be determined by the United States National Authority or, in any case, one metric ton. Makes it unlawful for any person or U.S. national located outside the United States to: (1) produce, acquire, transfer, or use Schedule 1 chemicals outside the territories of the States Parties to the Convention or to transfer such chemicals to any person outside of the United States except as provided for in the Convention for transfers to persons located in other State Parties; and (2) transfer a chemical on Schedule 2 of the Annex to any person outside the territory of a State party or to receive such a chemical from any person outside a State Party. Title III: Declarations by Chemical Industry - Requires the Department of Commerce to establish recordkeeping and reporting requirements for persons who produce, process, consume, export, or import chemical substances subject to the Convention or who propose to engage in such activities. (Sec. 303) Makes it unlawful to fail to comply with recordkeeping and reporting requirements. Title IV: Inspections - Authorizes members of inspection teams of the Technical Secretariat of the Organization for the Prohibition of Chemical Weapons to inspect plants, plant sites, or other locations in the United States subject to inspection under the Convention. (Sec. 401) Sets forth additional provisions regarding notice, time frame, and scope of inspections. (Sec. 403) Makes it unlawful to fail or refuse to permit entry or inspection or to disrupt or impede an inspection. (Sec. 404) Provides for civil penalties for specified violations of this Act.

To waive the time limitation specified by law for the award of certain military decorations in order to allow the posthumous award of the congressional medal of honor to Doris Miller for actions while a member of the Navy during World War II.

United States · United States Congress · 28 July 1994

Waives certain time limitations with respect to the posthumous award of the Congressional Medal of Honor to Doris Miller for acts of heroism while serving in the Navy during World War II.