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Bill· HRH.R. 4561 (103rd)referred
United States · United States Congress · 9 June 1994
Access to Community Health Care Act of 1994 - Amends the Public Health Service Act to require community health centers (CHC's) to provide: (1) outreach workers to help determine eligibility for Federal, State, and local health programs; and (2) enabling services that promote access to necessary health and other human and social services. (Sec. 2) Permits CHC's to provide their services at schools and other appropriate places. Authorizes the Secretary of Health and Human Services to make grants to CHC's, or to Federally qualified health centers, to support the development and operation of a community health service network (a consortium of health care providers) or plan. Allows the Secretary to waive certain grant requirements for good cause. Prohibits approval of a grant application unless the network or plan will at a minimum assure significant community involvement, including a board of directors at least one-third of whom are registered patients or representatives of all entities providing health services. Requires a network or plan, also, to establish a patient advisory council. Authorizes appropriations. Specifies funding preferences. (Sec. 3) Authorizes the Secretary to make loans and guarantee payment of principal and interest to Federal and non-Federal lenders for loans to grantees for facility acquisition or modernization, major equipment purchases, and other specified purposes. Establishes a loan and loan guarantee fund. Authorizes appropriations. (Sec. 4) Requires migrant health centers (MHC's) to provide: (1) outreach workers to help determine eligibility for Federal, State, and local health programs; and (2) enabling services that promote access to necessary health and other human and social services. Declares that any grant to an MHC may include building acquisition or modernization and new building construction. Declares that health services include supplemental health services and enabling services. Authorizes appropriations. (Sec. 5) Authorizes additional appropriations for the National Health Service Corps. (Sec. 6) Requires preference in the award of grants or contracts to CHC's, MHC's, certified Federally qualified health centers, and certain nurse training program applicants. Provides for Federal payment of direct and indirect costs of graduate medical education (GME) to hospitals incurring any of the costs for training programs at a Federally qualified health center if the hospitals reimburse the center for any costs it incurs. (Sec. 7) Amends title XI of the Social Security Act (SSA) with respect to demonstration projects to deny the Secretary authority to waive compliance of State plans with certain Medicaid requirements for provision of, payment for, and allowance of freedom of choice to select the provider of care and services at rural health clinics and Federally qualified health centers. Amends SSA title XIX (Medicaid) to provide for payments to rural health clinics and Federally qualified health centers operating in the same geographic area as certain health maintenance organizations (HMO's). (Sec. 8) Amends SSA title XI to exempt from criminal penalties for acts involving Medicare or State health care programs certain patient referral activities conducted as specified collaborative efforts that benefit medically underserved persons.
Bill· HRH.R. 4553 (103rd)referred
United States · United States Congress · 9 June 1994
Fusion Energy Research Authorization Act of 1994 - Directs the Secretary of Energy to implement a Fusion Energy Research Program to demonstrate the technical and economic feasibility of producing safe, environmentally sound, and affordable energy from fusion. Prescribes program goals and elements. Directs the Secretary to contract with the National Academy of Sciences to review various magnetic fusion technologies and alternative fusion concepts with respect to their commercial viability. Instructs the Secretary to: (1) submit a comparisons study to the Congress regarding the siting of the International Thermonuclear Experimental Reactor (ITER); (2) seek to reach an agreement with international partners to select a host country for ITER; (3) initiate a process to identify candidate sites for ITER within the United States; and (4) provide within a certain time period a detailed estimate to the Congress of final ITER project costs. Directs the Secretary to submit reports to the Congress on: (1) a parallel design effort on the Tokamak Physics Experiment; (2) the Fusion Energy Research Program; and (3) resource sharing with the Secretary of Defense to enhance the civilian energy applications of the Defense Inertial Confinement Fusion Program. Repeals the five-year fusion energy program established under the Energy Policy Act of 1992. Directs the Secretary to form a new University Radiation Science and Technology Program comprised of: (1) the Nuclear Engineering Research and Education Program; (2) the University Research Reactor Program; and (3) the University Reactor Fuel Assistance Program. Directs the Secretary to establish a fee collection program for certain ITER purposes and the Tokamak Physics Experiment. Authorizes appropriations for: (1) the Alternative Fusion Research Program; (2) the Tokamak Physics Experiment; and (3) the University Radiation Science and Technology Program. Sets limitations upon funding for ITER construction and for magnetic fusion facilities.
Bill· SS. 2166 (103rd)referred
United States · United States Congress · 8 June 1994
Authorizes and directs the Secretary of Defense to transfer on a nonreimbursable basis any excess industrial property to any nonprofit educational institution or training school when such entity's proposed use of such property will contribute materially to the national defense. Deems property loaned to such entities before September 30, 1993, to be surplus property, unless the Secretary determines such property is needed by the Department of Defense. Authorizes the Administrator of General Services to convey the property to such entities upon certification that such property use is consistent with the purpose for which it was loaned.
Bill· HRH.R. 4541 (103rd)referred
United States · United States Congress · 8 June 1994
African Conflict Resolution Act - Authorizes the President to provide assistance to: (1) strengthen the conflict resolution capabilities of the Organization of African Unity and subregional organizations established by countries in Subsaharan Africa; (2) provide for demobilizations of armed forces in Subsaharan African countries and for the retraining for civilian occupations of demobilized military personnel; and (3) nongovernmental organizations engaged in mediation and reconciliation efforts in Africa. Earmarks funds for such purposes from foreign assistance funds allocated for Subsaharan Africa. Authorizes the President to establish a program to provide education and training in conflict resolution and peacekeeping for civilian and military personnel of countries in Subsaharan Africa. Makes foreign assistance funds for military education and training available for such program.
Bill· HRH.R. 4550 (103rd)open
United States · United States Congress · 8 June 1994
TABLE OF CONTENTS: Title I: Tax and Insurance Provisions Subtitle A: Tax Treatment of Health Care Expenses Subtitle B: Insurance Provisions Subtitle C: Employer Provisions Subtitle D: Federal Preemption Subtitle E: Report Title II: Medicare and Medicaid Reforms Subtitle A: Medicare Subtitle B: Medicaid Title III: Health Care Liability Reform Title IV: Administrative Cost Savings Subtitle A: Standardization of Claims Processing Subtitle B: Electronic Medical Data Standards Subtitle C: Development and Distribution of Comparative Value Information Subtitle D: Preemption of State Quill Pen Laws Title V: Anti-Fraud Subtitle A: Criminal Prosecution of Health Care Fraud Subtitle B: Coordination of Health Care Anti-Fraud and Abuse Activities Title VI: Antitrust Provisions Title VII: Long-Term Care Title VIII: Welfare Restrictions for Aliens Title IX: Increase in Assistance to Community and Migrant Health Centers from Residual Savings Consumer Choice Health Security Act of 1994 - Title I: Tax and Insurance Provisions - Subtitle A: Tax Treatment of Health Care Expenses - Amends the Internal Revenue Code to allow a tax credit for health care expenses based upon percentages of qualified health insurance premiums and adjusted gross income. Provides for employers to make advance payments of such credit. (Sec. 102) Allows individuals a tax credit for a percentage of contributions made to a medical care savings account established for the benefit of an eligible individual. Exempts such accounts from taxation. Establishes an excise tax for excess contributions to medical care savings accounts and makes such accounts subject to the tax on prohibited transactions. (Sec. 103) Terminates the medical expense deduction, the deduction for health insurance costs of self-employed individuals, and the exclusion for employer-provided health insurance. Subtitle B: Insurance Provisions - Part I: Federally Qualified Health Insurance Plans - Sets forth requirements for federally qualified health insurance plans, including coverage for acute medical care, cost-sharing, premium rating practices, and guaranteed issuance and renewability. Part II: Certification of Federally Qualified Health Insurance Plans - Requires States to meet standards for regulatory programs for the certification of federally qualified health insurance plans. Subtitle C: Employer Provisions - Requires employers to: (1) withhold health insurance premiums from employee wages and remit such premiums to the employee's chosen insurer; and (2) notify each employee of their right to claim an advance refundable tax credit for such premiums. (Sec. 122) Provides for the conversion of existing insurance plans to required coverage under this Act. (Sec. 125) Establishes the Benefits Cash Out Commission to propose a procedure under which individuals may cash out Federal health benefits. Provides for congressional consideration of such proposal prior to its implementation. (Sec. 126) Imposes excise taxes on employers and health insurance carriers for noncompliance with this Act. Subtitle D: Federal Preemption - Preempts specified State laws concerning health insurance. Subtitle E: Report - Requires the Secretary of Health and Human Services to report to the Congress five years after the enactment of this Act on certain aspects of health insurance coverage. Title II: Medicare and Medicaid Reforms - Subtitle A: Medicare - Directs the Secretary to study and report to the Congress on the feasibility of permitting future Medicare beneficiaries to elect, upon attaining Medicare eligibility, to retain private health insurance coverage and receive, in lieu of Medicare benefits, certificates for use in purchasing private health insurance coverage. (Sec. 202) Amends title XVIII (Medicare) of the Social Security Act (SSA) to eliminate Medicare hospital disproportionate share adjustment payments. (Sec. 203) Revises the formula to reduce the adjustment for indirect medical education. (Sec. 204) Declares that the amount payable for post-hospital extended care services furnished an individual during any spell of illness shall be reduced by a copayment equal to 20 percent of the average of all per day costs for such services. (Sec. 205) Changes payment updates for all payment rates under the hospital insurance program from a fiscal year to a calendar year basis. (Sec. 206) Revises the existing schedule to accelerate the transition to prospective rates for facility costs in hospital outpatient departments. Subtitle B: Medicaid - Amends SSA title XIX (Medicaid) to specify a cap on Federal payments for acute medical services furnished under the Medicaid program. (Sec. 212) Directs the Secretary to establish a process under which a State with an approved plan may apply for waivers of SSA requirements in order to establish innovative and cost effective programs for furnishing acute medical services to eligible Medicaid recipients. (Sec. 213) Terminates disproportionate share payments. (Sec. 214) Directs the Secretary to make grants to States for programs under which individuals with incomes below 150 percent of the income official poverty line are provided health insurance coverage, acute medical services, preventive care, and disease prevention services. Title III: Health Care Liability Reform - Health Care Liability Reform Act of 1994 - Applies this subtitle to any health care malpractice action filed in any Federal or State court and any such claim resolved through arbitration. (Sec. 303) Limits to $100,000 what any person may be required to pay in a single payment in damages for expenses to be incurred in the future, but allows for periodic payments. States that the total amount of damages received by an individual shall be reduced by any other compensatory payments received under certain Federal, State, or private programs. Sets a statute of limitations for medical malpractice liability claims of two years after an alleged injury should reasonably have been discovered, but in no event more than four years after the alleged injury occurred (or in the case of a minor under age six, no later than the tenth birthday). Sets forth limitations on attorney's fees. (Sec. 304) Prohibits the application of strict liability to any manufacturer or seller of a health care product approved by the Food and Drug Administration (FDA) for any injury alleged to have resulted from: (1) a defect in product design; or (2) a failure to warn or instruct regarding a risk posed by the product that was neither known nor reasonably knowable at the time the product left the manufacturer's or seller's control. States that a manufacturer or seller of a health care product that is to be prescribed by, or used at the direction of, a health care professional shall not be liable (except in specified circumstances) for harm allegedly caused by a failure to warn or instruct the ultimate product user or recipient (unless the FDA specifically requires a warning or instruction to the ultimate user or recipient), if the manufacturer or seller provided adequate warning or instruction to the user's or recipient's health care professional. (Sec. 305) Limits to $250,000 the total amount of noneconomic damages awardable to a plaintiff and family for losses resulting from the injury which is the subject of a medical malpractice liability action. Declares that the liability of each defendant in such an action shall be several only and not joint, and limited to the defendant's percentage of responsibility. Allows punitive damages only if clear and convincing evidence establishes that the claimant suffered harm as the result of conduct by the defendant exhibiting conscious, flagrant indifference to the health of persons who might be harmed by the product. Prohibits the award of punitive damages against a manufacturer or seller (except in specified circumstances) for harm caused by an FDA-approved health care product. Title IV: Administrative Cost Savings - Subtitle A: Standardization of Claims Processing - Directs the HHS Secretary to adopt (taking into account the recommendations of specified taskforces) standards relating to: (1) data elements for use in paper and electronic claims processing; (2) uniform claims forms; and (3) uniform electronic transmission of the data elements. Sets forth requirements for application of such standards, and their periodic review and revision. Subtitle B: Electronic Medical Data Standards - Directs the HHS Secretary to promulgate electronic medical data standards meeting specified criteria for hospitals and other providers. Sets a deadline for each hospital with a Medicare participation agreement to meet such standards. (Sec. 413) Authorizes the heads of appropriate Federal agencies, as of January 1, 2000, to require health care providers to present and transmit data elements electronically according to such standards. (Sec. 415) Directs the HHS Secretary to establish an advisory commission to monitor and advise about the standards established under this subtitle and operational concerns about their implementation. Authorizes appropriations. Subtitle C: Development and Distribution of Comparative Value Information - Requires States to develop and implement a health care value information program meeting certain criteria according to a specified schedule. Authorizes the HHS Secretary to make grants to States to enable them to develop such programs. (Sec. 422) Directs the HHS Secretary to take necessary action to implement a comparable information program in any State that fails to develop and implement one. (Sec. 423) Requires the head of each Federal agency responsible for provision of health insurance or of health care services to individuals to develop promptly health care comparative value information. Subtitle D: Preemption of State Quill Pen Laws - Preempts any State law that requires medical or health insurance records (including billing information) to be maintained in written rather than electronic form. Title V: Anti-Fraud - Subtitle A: Criminal Prosecution of Health Care Fraud - Amends the Federal criminal code to impose penalties upon a health care provider that knowingly engages in any scheme or artifice to defraud a person in connection with the provision of health care. (Sec. 502) Authorizes the Attorney General to pay a reward of up to $10,000 to a person who furnishes information unknown to the Government relating to a possible prosecution for health care fraud, with exceptions. Subtitle B: Coordination of Health Care Anti-Fraud and Abuse Activities - Amends the Social Security Act to provide for: (1) the application of Federal health anti-fraud and abuse sanctions to all fraud and abuse against any health insurance plan; and (2) treble damages for making or causing to be made false statements or representations involving Medicare or State health care programs, for illegal remuneration, and for false statements or representations with respect to the condition or operation of health care institutions. Directs the Secretary of Health and Human Services, in consultation with State and local health care officials, to: (1) identify opportunities for the satisfaction of community service obligations that a court may impose upon the conviction of a criminal offense involving Medicare or State health care programs; and (2) make information concerning such opportunities available to Federal and State law enforcement officers and State and local health care officials. Title VI: Antitrust Provisions - Exempts from the antitrust laws specified "safe harbor" activities related to the provision of health care services. Sets forth provisions regarding the award of attorney fees and costs of suit to the prevailing party in an action based on a claim involving activity found to be exempt. (Sec. 602) Lists as safe harbors specified: (1) activities relating to health care services of combinations of health care providers with market share below a specified threshold; (2) activities of medical self-regulatory entities relating to standard setting or enforcement activities not conducted for purposes of financial gain; (3) participation of a health care provider in a written survey of the prices of services, reimbursement levels, or the compensation and benefits of employees and personnel; (4) activities relating to health care joint ventures for high technology and costly equipment and services; (5) activities relating to hospital mergers; (6) joint purchasing arrangements; and (7) negotiations. (Sec. 603) Directs the Attorney General to publish a notice in the Federal Register soliciting proposals for additional safe harbors and to review and report to the Congress on proposed safe harbors. Sets forth criteria in establishing safe harbors, including: (1) the extent to which a competitive or collaborative activity will accomplish an increase in health care access and quality, the establishment of cost efficiencies, and increased ability of health care facilities to provide services in medically underserved areas or to underserved populations; and (2) whether designation as a safe harbor will result in specified desirable outcomes. (Sec. 604) Directs the Attorney General to issue certificates of review for providers of health care services and to assist persons in applying for such certificates. Sets forth provisions regarding applications for, revocation of, and review of determinations regarding such certificates. Limits the disclosure of information. (Sec. 605) Sets forth provisions regarding notifications providing for a reduction in certain penalties under the antitrust laws for health care cooperative ventures. (Sec. 606) Directs the Attorney General to: (1) review the safe harbors and certificates of review periodically; and (2) promulgate such rules, regulations, and guidelines as necessary to carry out provisions of this title. Title VII: Long-Term Care - Amends the Internal Revenue Code to exclude from gross income certain amounts withdrawn from individual retirement accounts and certain employer cash or deferred arrangements to pay long-term care premiums. (Sec. 702) Provides for the nonrecognition of gain or loss on the exchange of any life insurance contract or an endowment or annuity contract for a long- term care insurance contract. (Sec. 703) Provides for the exclusion as a death benefit of any amount paid or advanced to an individual under a life insurance contract because such individual is terminally ill, or chronically ill and has been permanently confined to a qualified facility. Title VIII: Welfare Restrictions for Aliens - Makes aliens (with exceptions for refugees, aged, and current residents) ineligible for specified public welfare assistance (except for emergency medical assistance). Amends the Social Security Act to require State Aid to Families with Dependent Children (AFDC) agencies to provide information on illegal aliens to the Immigration and Naturalization Service. Title IX: Increase in Assistance to Community and Migrant Health Centers From Residual Savings - Directs the HHS Secretary to provide for a program of grants to migrant and community health centers to promote primary health care services for underserved individuals. Authorizes appropriations. (Sec. 901) Requires the Secretary to study and report to Congress on the impact of such grants on access to health care, birth outcomes, and the use of emergency room services.
Bill· HRH.R. 4546 (103rd)referred
United States · United States Congress · 8 June 1994
Family Investment and Self-Sufficiency Act of 1994 - Amends part A (Aid to Families with Dependent Children) (AFDC) of title IV of the Social Security Act to permit a State agency to disregard: (1) the earned income of AFDC recipients; and (2) the child support payments received by them. Amends the Internal Revenue Code relating to refunding credits to allow as a credit against tax a specified percentage of any cash paid by or on behalf of a low-income individual to a qualified asset account for the individual's benefit. Exempts such accounts from taxation. Increases the amount of income that a State agency shall disregard with respect to the stepparent of an AFDC child recipient. Repeals the mandate that State AFDC plans provide aid to dependent children of unemployed parents in accordance with specified requirements. Denies AFDC benefits for applicants who have abandoned a child. Grants a State AFDC plan the option to: (1) deny benefits for additional children and for children who have not received required immunizations; (2) disregard certain income and resources designated for education, training, employability, or self-employment; and (3) increase to $3,000 the disregard limitation on the value of an AFDC family's automobile. Modifies the treatment of student earnings under the AFDC program.
Bill· SS. 2164 (103rd)referred
United States · United States Congress · 7 June 1994
Junior Duck Stamp Conservation and Design Program Act of 1994 - Authorizes the Secretary of the Interior to carry out the Junior Duck Stamp Conservation and Design Program. Permits the Secretary, as part of the Program, to conduct an annual competition to: (1) solicit the submission by elementary and secondary school students of designs relating to migratory bird conservation; and (2) select winning designs for use for licensing and marketing. Authorizes the Secretary to license and market winning designs and stamps bearing such designs, to be known as Junior Duck Stamps. Makes licensing and marketing proceeds available solely for awards and scholarships to individuals who submit designs, awards to further education activities related to the conservation education goals of the Program, and expenses for licensing and marketing. Authorizes appropriations.
Bill· HRH.R. 4510 (103rd)open
United States · United States Congress · 26 May 1994
Insurance Tax Fairness Act of 1994 - Amends the Internal Revenue Code to revise the method for determining the limitation on the deduction of policyholder dividends by mutual life insurance companies. Exempts small life insurance companies from the required capitalization of certain policy acquisition expenses. Expresses the sense of the Congress that revenues resulting from this Act be dedicated to the funding of programs benefiting the nutrition, early education, housing, and family support of the Nation's children.
Bill· SS. 2153 (103rd)open
United States · United States Congress · 25 May 1994
TABLE OF CONTENTS: Title I: Subtitle A: Short title; Table of Contents Subtitle B: Federally Qualified Health Insurance Plan Subtitle C: Certification of Federally Qualified Health Insurance Plans Title II: Paperwork Reduction and Administrative Simplification Title III: Health Care Liability Reform Subtitle A: General Provisions Subtitle B: Medical Malpractice and Product Liability Reform Subtitle C: Requirements for State Alternative Dispute Resolution Systems (ADR) Title IV: Antitrust Provisions Title V: Anti-Fraud and Abuse Control Program Subtitle A: All-Payer Fraud and Abuse Control Program Subtitle B: Revisions to Current Sanctions for Fraud and Abuse Subtitle C: Administrative and Miscellaneous Provisions Subtitle D: Amendments to Criminal Law Title VI: Expanding Access in Rural Areas Title VII: Tax Provisions Title VIII: Revenue Provisions Advancement of Health Care Reform Act of 1994 - Amends COBRA provisions of the Internal Revenue Code with respect to continuation coverage requirements to permit the options of: (1) identical coverage; (2) coverage with an annual $1,000 deductible; and (3) coverage with an annual $3,000 deductible. Permits penalty-free withdrawals from qualified retirement plans for such coverage. Subtitle B: Federally Qualified Health Insurance Plan - Establishes standards for the certification of a health insurance plan as a federally qualified health insurance plan. Requires a federally qualified plan to, among other requirements: (1) cover medically necessary acute care, including, physician services, inpatient, outpatient, and emergency hospital services and appropriate alternatives to hospitalization, and inpatient and outpatient prescription drugs; (2) have specified limits on deductibles and coinsurance payments; (3) vary premium rates only in the basis of age, sex, and geography, except that discounts may be offered to individuals who participate in specified programs which promote healthy behavior, prevent the onset of illness, or provide for the early detection of illness; (4) provide guaranteed issue at standard rates to all applicants and not exclude from coverage, on the basis of a preexisting medical condition, an individual who has been continuously insured for the preceeding year or, in the care of a break in coverage, not exclude an indivdual from coverage for more than one year; and (5) not exclude a policyholder from coverage, except for nonpayment of premiums or fraud or misrepresentation by the policyholder. Subtitle C: Certification of Federally Qualified Health Insurance Plans - Requires each State to establish a regulatory program with specified requirements, including: (1) procedures certifying that the requirements of subtitle B have been met by a health insurance plan applying as a federally qualified health insurance plan; (2) meeting solvency standards; (3) reporting requirements under which carriers report to the Internal Revenue Service regarding the acquisition and termination by individuals of coverage under federally qualified health insurance plans; and (4) requirements for the passback of claims and premiums with respect to an individual who has been continuously treated for a treatment and who moves to a new plan; and requirements concerning market practices, risk adjustment or reinsurance, and nonbinding standards for premiums rating practices and guaranteed renewability of coverage. Title II: Paperwork Reduction and Administrative Simplification - Preempts State quill pen laws. (Sec. 202) Provides for the confidentiality of electronic health care information. (Sec. 203) Directs the Secretary to establish national goals for the health care industry concerning the: (1) standardization for the electronic receipt and transmission of health plan information; (2) use of uniform health claims forms and identification numbers; (3) priority of insurers when benefits are payable under two or more health plans; and (4) availability of information among health plans when benefits are payable under two more plans. Requires the Secretary to promulgate requirements if the industry does not meet the goals. Provides for monetary penalties on any health plan that does not meets the Secretary's requirements. Title III: Health Care Liability Reform - Subtitle A: General Provisions - Makes the provisions of this title applicable to any medical malpractice liability claim or action in any Federal or State court, except for a vaccine-related claim or action or to the extent that title XXI of the Public Health Service Act applies. Subtitle B: Medical Malpractice and Product Liability Reform - Requires the initial resolution of a medical malpractice liability action through the alternative dispute resolution process. Limits the total amount of damages that may be awarded for noneconomic losses resulting from a medical malpractice or health care product liability claim to $250,000, unless there is a finding of special circumstances. Prohibits punitive or exemplary damages, unless malicious, wanton, willful, or excessively reckless behavior was involved. Prohibits punitive or exemplary damages against the manufacturer of a medical product. Directs that any punitive or exemplary damages awarded must be paid to the State for use in carrying out quality assurance activities. Provides for the periodic payment of damages exceeding $100,000. Sets forth provisions: (1) limiting attorney's fees; (2) permitting a defendant to be held severally but not jointly liable; (3) setting the statute of limitations; (4) requiring each State to develop a set of specialty clinical practice guidelines which; if used to establish a rebuttable presumption, may only be overcome by the presentation of clear and convincing evidence; (5) which permit a finding of negligence only if the defendants conduct was not reasonable; and (6) making special provision for certain obstetric services. Subtitle C: Requirements for State Alternative Dispute Resolution Systems (ADR) - Establishes the basic requirements for a State's ADR and provides for the certification of such systems. Sets forth reporting requirements concerning the evaluation of such systems. Title IV: Antitrust Provisions - Exempts from the antitrust laws specified "safe harbor" activities related to the provision of health care services. Sets forth provision regarding the award of attorney fees and costs of suit to the prevailing party in an action based on a claim involving activity found to be exempt. (Sec. 402) Lists as safe harbors specified: (1) activities relating to health care services of combinations of health care providers with market share below a specified threshold; (2) activities of medical self-regulatory entities relating to standard setting or enforcement activities not conducted for purposes of financial gain; (3) participation of a health care provider in a written survey of the prices of services, reimbursement levels, or the compensation and benefits of employees and personnel; (4) activities relating to health care joint ventures for high technology and costly equipment and services; (5) activities relating to hospital mergers; (6) joint purchasing arrangements; and (7) negotiations. (Sec. 403) Directs the Attorney General to publish a notice in the Federal Register soliciting proposals for additional safe harbors and to review and report to the Congress on proposed safe harbors. Sets forth criteria in establishing safe harbors, including: (1) the extent to which a competitive or collaborative activity will accomplish an increase in health care access and quality, the establishment of cost efficiencies, and increased ability of health care facilities to provide services in medically underserved areas or to underserved populations; and (2) whether designation as a safe harbor will result in specified desirable outcomes. (Sec. 404) Directs the Attorney General to issue certificates of review for providers of health care services and to assist persons in applying for such certificates. Sets forth provisions regarding, applications for, revocation of, and review of determinations regarding such certificates. Limits the disclosure of information. (Sec. 405) Sets forth provisions regarding notifications providing for a reduction in certain penalties under the antitrust laws for health care cooperative ventures. (Sec. 406) Directs the Attorney General to: (1) periodically review the safe harbors and certificates of review; and (2) promulgate such rules, regulations, and guidelines as necessary to carry out provisions of this title. (Sec. 408) Establishes within the Department of Health and Human Services an Office of Health Care Competition Policy. Title V: Anti-Fraud And Abuse Control Program - Subtitle A: All-Payer Fraud and Abuse Control Program - Requires the Secretary to establish in the Office of the Inspector General of the Department of Health and Human Services a program to control fraud and abuse under the universal health care plan. Establishes the Anti-Fraud and Abuse Trust Fund. (Sec. 502) Amends title XI of the Social Security Act (SSA) to provide for the application of the penalties for Medicare and Medicaid fraud to all health care programs. (Sec. 503) Requires the Secretary to establish a program through which Medicare-eligible individuals may report instances of suspected fraud under Medicare. Subtitle B: Revisions to Current Sanctions for Fraud and Abuse - Revises current SSA title XI sanctions for fraud and abuse involving Medicare and State health care programs, providing for: (1) program exclusion for individuals convicted of a felony relating to fraud or the unlawful manufacture or dispensing of a controlled substance; (2) new offenses under civil monetary penalty provisions, such as the offering of inducements to program-eligible individuals; (3) establishment of a minimum period of exclusion for practitioners and persons who fail to meet statutory obligations; (4) intermediate sanctions on eligible health maintenance organizations for program violations; and (5) procedures for imposing such sanctions. Subtitle C: Administrative and Miscellaneous Provisions - Directs the Secretary to establish a national health care fraud and abuse data collection program for the reporting by each government agency and health care plan of final adverse actions against health care providers, suppliers, and practitioners. Requires program information to be made available to the public for a reasonable fee. (Sec. 522) Amends SSA title XI to require the Secretary to publish in the Federal Register a listing of all final adverse actions taken during the quarter. Subtitle D: Amendments to Criminal Law - Amends the Federal criminal code to set penalties for knowingly executing a scheme or artifice to: (1) defraud any health care plan in connection with the delivery of, or payment for, health care benefits, items, or services (benefits); or (2) obtain, by means of false or fraudulent pretenses, representations, or promises, money or property owned by, or under the custody or control of, any health care plan or person in connection with the delivery of, or payment for, health care benefits. (Sec. 532) Directs the court, upon a finding that a Federal health care offense is of a type that poses a serious threat to the health of any individual, or has a significant detrimental impact on the health care system, to order a person convicted of that offense to forfeit property that was used in the commission of the offense or that constitutes or was derived from proceeds traceable to the offense that is of a value proportionate to the seriousness of the offense. (Sec. 533) Authorizes the Attorney General to commence a civil action in Federal court to enjoin a violation constituting a Federal health care offense. (Sec. 534) Makes commission of a Federal health care offense a predicate to a violation of the Racketeer Influenced and Corrupt Organizations (RICO) statute. Subtitle E: Amendments to Civil False Claims Act - Makes provisions of the Civil False Claims Act applicable to the use of false records or statements made to a health care plan. Includes within the definition of "claim" for purposes of such Act any request or demand for money or property which is made or presented to a health care plan. Title VI: Expanding Access In Rural Areas - Rural Health Innovation Demonstration Act of 1993 - Amends the Public Health Service Act to authorize competitive grants: (1) to develop networks among rural and urban health care providers to preserve and share health care resources and enhance the quality and availability of health care in rural areas; (2) to develop and administer cooperatives in rural areas that will establish an effective case management and reimbursement system designed to support the economic viability of essential public or private health services, facilities, health care systems, and health care resources; and (3) to develop and implement a plan for mental health outreach programs in rural areas. (Sec. 605) Authorizes grants to enable rural communities to provide stipends to encourage health professional trainees to practice in such areas. Reauthorizes area health education center programs. Title VII: Tax Provisions - Amends the Internal Revenue Code to prohibit a business expense deduction for an employer's expenses for a group health plan or contributions to an employee's medical savings account, unless the plan is a federally qualified health plan. Extends permanently and increases to 100 percent the health insurance tax deduction for self-employed individuals. Title VIII: Revenue Provisions - Amends the Congressional Budget Act of 1974, with respect to FY 1995 through 1998, to provide for a discretionary spending limit reduction of four-tenths of one percent in the discretionary category of the amounts set forth in H. Con. Res. 64.
Law· HRH.R. 4497 (103rd)enacted
United States · United States Congress · 25 May 1994
Authorizes the President to present, on behalf of the Congress, to the Lubavitcher rebbe, Rabbi Menachem Mendel Schneerson, a gold medal in recognition of his outstanding and enduring contributions toward world education, morality, and acts of charity. States that no appropriations are authorized to implement this Act. Declares that the medals struck pursuant to this Act are national medals.
Bill· HRH.R. 4494 (103rd)referred
United States · United States Congress · 25 May 1994
Child Security Act of 1994 - Prescribes guidelines for an entitlement program under which the Secretary of Health and Human Services (the Secretary) shall pay monthly child support assurance benefits to eligible individuals. (Sec. 3) Directs the Secretary to establish a national registry of child support orders issued or modified by any State court or State administrative process. Grants the Secretary of the Treasury access to such registry. (Sec. 4) Amends the Internal Revenue Code to prescribe guidelines for the mandatory: (1) inclusion of child support obligations on each employee's tax withholding certificate; (2) withholding of such obligations from employee wages; and (3) payment of a child support obligation with the taxpayer's income tax return. Establishes the Office of the Child Advocate in the Department of Health and Human Services (HHS). (Sec. 5) Prescribes guidelines for: (1) distribution by HHS of child support payments collected by the IRS; and (2) the State's role in collection and distribution of child support. (Sec. 7) Instructs the Secretary to establish the National Child Support Guideline Commission to develop recommendations for uniform national child support guidelines. (Sec. 8) Amends the Social Security Act to: (1) require that a State plan for child and spousal support provide that the State have in effect a law providing for the uniform termination of child support obligations; (2) prescribe guidelines for the reallocation of staffing resources by the Secretary; (3) increase the Federal financial participation in a State plan for child and spousal support; (4) set a minimum State AFDC standard of need; (5) expand from 19 to 21 years of age AFDC coverage for needy students; and (6) require that a State plan for medical assistance provide for an operative child support and AFDC program. (Sec. 11) Instructs the Secretary to authorize five States to conduct five-year demonstration projects under which States are to give priority in the provision of Federal job training, education, and child care services to parents unable to support their children financially.
Bill· HRH.R. 4477 (103rd)open
United States · United States Congress · 24 May 1994
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.
Bill· SS. 2144 (103rd)open
United States · United States Congress · 23 May 1994
Support for Families with Children with Disabilities Act of 1994 - Amends the Individuals with Disabilities Education Act to add a new part I, Family Support, which may be cited as the Families of Children with Disabilities Support Act of 1994. Directs the Secretary of Education to make three-year grants to States for systems change and advocacy activities for statewide systems of support for families with children with disabilities. Sets forth priorities and application requirements. Requires States desiring such assistance to designate lead entities and establish State Family Support Policy Councils. Includes among authorized activities training and technical assistance, interagency coordination, local or regional councils, outreach, advocacy services, policy studies, hearings and forums, public awareness and education, needs assessment, program data, and pilot demonstration projects. Requires State strategic plans, progress criteria, and reports. Requires panels of experts to evaluate grant applications. Directs the Secretary to make grants to or contracts with appropriate public or private agencies and organizations, including institutions of higher education, for: (1) providing technical assistance and information on statewide systems of family support; and (2) conducting a national evaluation of the program of grants to States. Directs the Secretary to: (1) review Federal programs with respect to their impact on such family support, consistent with specified policies; and (2) make grants or contracts for projects of national significance for developing national and State policies and practices for family-centered and family-directed systems of support for families of children with disabilities. Authorizes appropriations.
Bill· HRH.R. 4473 (103rd)referred
United States · United States Congress · 23 May 1994
TABLE OF CONTENTS: Title I: Work Requirements for Welfare Recipients Title II: Promotion of Marriage and Social Responsibility Subtitle A: Welfare Benefits Subtitle B: Grants for Assistance to Children Born Out-of-Wedlock Subtitle C: Removal of Barriers to Interethnic Adoption Subtitle D: Tax Credit for Certain Low-Income Families Title III: Child Support Enforcement Title IV: Specific Reforms in Welfare Spending Title V: State Options and Miscellaneous Provisions Title VI: Capping the Aggregate Growth of Welfare Spending Real Welfare Reform Act of 1994 - Title I: Work Requirements for Welfare Recipients - Amends Part A (Aid to Families with Dependent Children) (AFDC) of title IV of the Social Security Act (SSA) to require each State, as a condition of participation in the AFDC program, to establish a workfare and dependency reduction program meeting specified requirements. (Sec. 101) Sets forth program participation requirements for parents in the AFDC unemployed parent program and certain noncustodial parents, including a specified mix of weekly community work service and job search activities or benefits to wages program participation. Specifies participation requirements for each adult AFDC recipient in a single-adult family. Requires States to establish: (1) a community work service program under which a participating individual shall work for a public or nonprofit private sector organization; and (2) a benefits to wages program under which an individual shall work for a qualified private employer whom the Secretary of Health and Human Services (HHS) shall pay a wage subsidy on behalf of such individual equal to the amount of AFDC allotment and the cash value of food stamp benefits the individual would otherwise receive. Sets forth penalties (including allotment reductions and eligibility denials) for individuals, including noncustodial parents, who fail to meet participation requirements. Prohibits participating organizations or entities from replacing any employed workers with participating AFDC individuals. Specifies payments to States for welfare and dependency reduction programs. Requires State plans to require custodial parents under 19 years old who have not successfully completed a high-school education to participate in an educational activity, either a high-school diploma or equivalency degree program or other training or work activities. Amends the Internal Revenue Code to provide for advance payments of the earned income tax credit to employees in a benefits to wages program. (Sec. 102) Amends the Food Stamp Act of 1977 to deny food stamp eligibility to any able-bodied individual belonging to a household otherwise eligible for food stamps if that individual has not performed at least 32 hours of work on behalf of a State, or local government, through a program established by that government, during the preceding month. (Sec. 103) Specifies job search requirements for AFDC applicants and recipients with children over five years old. Title II: Promotion of Marriage and Social Responsibility - Subtitle A: Welfare Benefits - Declares the sense of the Congress that: (1) marriage is the foundation of a successful society; and (2) in view of specified negative consequences of out-of-wedlock birth on the child, the mother, and society, the reduction of such births is an important government interest. (Sec. 201) Amends SSA title IV Part A (AFDC) and the Food Stamp Act of 1977 to require State plans and State food stamp agencies, respectively, with specified exceptions, to deny AFDC payments for a child born to any unmarried individual under 26 (or later age, if the State so determines). Allows such payments if the child is legally adopted or if the child's custodian marries an individual who assumes lawful paternity or permanent legal guardianship and financial responsibility for the child. Amends the United States Housing Act of 1937 to require public housing contracts to provide for denial of housing and rental assistance in the same circumstances. (Sec. 202) Amends SSA title IV Part A (AFDC) and the Food Stamp Act of 1977 to require similar denial of benefits with respect to any additional children born while the custodial parent was receiving assistance. (Sec. 203) Amends SSA title IV Part A (AFDC) to require reductions in AFDC payments to a family where a child has been born for whom paternity has not been established. Provides for such payments, notwithstanding such denial policy, for a child of up to four months old if some identifying information on the putative father is provided. Subtitle B: Grants for Assistance to Children Born Out-Of-Wedlock - Amends SSA title IV Part A (AFDC) to provide for grants to States for programs to discourage out-of-wedlock births and to care for children born out-of-wedlock. Allows the use of such funds to: (1) establish or expand out-of-wedlock pregnancy reduction programs; (2) promote adoption; (3) establish and operate orphanages; and (4) establish and operate closely supervised residential group homes for unwed mothers. (Sec. 211) Prohibits payments to: (1) parents of out-of-wedlock children; or (2) such children if parent and child live in any conventional residential or community setting, including a relative's household or a household headed by the custodial parent. Subtitle C: Removal of Barriers to Interethnic Adoption - Prohibits any agency or entity involved in adoption or foster care placements and receiving Federal assistance from: (1) categorically denying any person the opportunity to become an adoptive or a foster parent on the basis of the race, color, or national origin of such person or of the child involved; or (2) delaying or denying the placement of a child for adoption or into foster care, or otherwise discriminate in making a placement decision, on such basis with respect to the adoptive or foster parent or child. Permits an agency to consider the race, color, or national origin of a child as a factor in making a placement decision if such factor is relevant to the child's best interests and is considered in conjuction with other factors. Grants any aggrieved individual the right to seek relief in the U.S. district court. Subtitle D: Tax Credit for Certain Low-Income Families - Amends the Internal Revenue Code to allow an additional earned income tax credit for a married individual who: (1) has lived together with his or her spouse at all times during the marriage during the taxable year; and (2) has earned at least $8,500 in income for such year. Title III: Child Support Enforcement - Directs the Secretary of the Treasury to establish a system for the reporting of information relating to child support obligations of employees, including mandatory reporting of such information on W-4 forms. (Sec. 302) Amends SSA title IV Part A (AFDC) to require State agencies to: (1) maintain child support order registries; (2) make all pertinent State records accessible to any agency of any other State through the Interstate Locate Network; (3) give custodial parents access to State parent locator services to aid in establishment and enforcement of child support obligations against noncustodial parents; and (4) give noncustodial parents access to such services to aid in establishment of visitation rights. (Sec. 303) Provides for expansion of the Parent Locator Service. Directs the HHS Secretary to establish an Interstate Locate Network linking the Parent Locator Service and all State databases. Requires regulations governing information sharing among States, within States, and between the States and the Parent Locator Service. (Sec. 304) Amends SSA title IV Part A (AFDC) to require States to have laws requiring employers to withhold child support pursuant to uniform income withholding orders. (Sec. 305) Requires the responsible unit within HHS to develop: (1) a uniform abstract of a child support order containing specified terms for use by all State courts; and (2) procedures providing for voluntary establishment or acknowledgement of paternity. (Sec. 306) Waives the application and genetic testing fees for any individual receiving child support collection or paternity determination services who has been denied AFDC, food stamp, and housing assistance under this Act. Title IV: Specific Reforms in Welfare Spending - Amends the National School Lunch Act to reduce the income eligibility guidelines for reduced price lunches from 185 to 130 percent of the applicable family-size nonfarm income levels. (Sec. 402) Repeals the Mickey Leland Childhood Hunger Relief Act. Applies the Food Stamp Act of 1977 as if the Mickey Leland Childhood Hunger Relief Act had not been enacted. (Sec. 403) Amends the Revenue Reconciliation Act of 1993 to repeal the mandates and authorities for empowerment zones and enterprise communities. (Sec. 404) Amends SSA title IV Part A (AFDC) to reduce by 25 percent monthly benefits to AFDC families who also receive public housing benefits. (Sec. 405) Reduces the authorization of appropriations for social services block grants for each fiscal year after FY 1994. (Sec. 406) Limits specified welfare benefits, currently available to aliens, to U.S. citizens only. Declares that it is the policy of the Congress that States and local educational agencies should not be required to provide a free public elementary or secondary education to any individual who is not a U.S. citizen, a lawful resident alien, or an alien permanently residing in the United States under color of law. Requires a State or local educational agency to notify the Attorney General whenever it learns of a public school child who does not belong to any such category. Requires immediate deportation proceedings against such child. (Sec. 407) Amends SSA title XVI (Supplemental Security Income (SSI) for the Aged, Blind, and Disabled) to direct the HHS Secretary to issue vouchers in lieu of cash benefits to each eligible child under 18 to cover the cost of certain medical expenses. (Sec. 408) Requires an eligibility review during the year after the 18th birthday of any individual receiving disability benefits. (Sec. 409) Requires a specified reduction of the authorization of appropriations for low-income home energy assistance for any fiscal year. Title V: State Options and Miscellaneous Provisions - Amends SSA title IV Part A (AFDC), the Food Stamp Act of 1977, and the United States Housing Act of 1937 to allow States the option to: (1) place a time limit on AFDC, food stamp, and housing assistance to any individual; and (2) apply that time limit to any household moving to a State from another State with such a time limit. (Sec. 502) Amends SSA title IV Part A (AFDC) to give a State the option to treat interstate immigrants under the AFDC benefit rules of their former State. (Sec. 503) Directs the Secretary of Labor, in cooperation with the States, to conduct ongoing evaluations of Federal and State job training programs. Authorizes appropriations. (Sec. 504) Amends specified parts of the Social Security Act, the Food Stamp Act of 1977, and the United States Housing Act of 1937 to require safeguards and information exchange among law enforcement agencies to ensure that fugitive felons and probation and parole violators do not receive Medicaid, AFDC benefits, food stamps, SSI, or housing assistance. Requires public housing agencies to furnish Federal, State or local law enforcement agencies, upon request, the current address of any assistance recipient identified as a fugitive felon or probation or parole violator. Title VI: Capping the Aggregate Growth of Welfare Spending - Specifies FY 1995 through 1996 and subsequent fiscal year caps on Federal spending on certain welfare programs. (Sec. 602) Directs the HHS Secretary to make welfare block grants to the States for aid to low-income households. Prohibits the use of such funds for abortions or for any counseling related to abortion. Sets forth general work, job search, and training requirements for aid recipients, as well as certain participation requirements for States. Denies cash or direct food assistance to young unwed parents as under title II of this Act, or to noncitizens, fugitive felons, or probation or parole violators. (Sec. 603) Terminates funding and State obligations under specified cash, medical, housing, energy, education, jobs and training, social services, and low-income community aid welfare programs as of the end of FY 1994. (Sec. 604) Dedicates to deficit reduction all Federal savings under the spending cap mandated by this title. Requires the adjustment of the present discretionary spending caps for the net increase in discretionary spending that results from the creation of the welfare block grant as a replacement for current welfare entitlement programs. (Sec. 605) Sets forth special rules, upon termination of the AFDC program, with respect to grants for assistance to children born out-of-wedlock. (Sec. 606) Amends SSA title XIX (Medicaid) with respect to Medicaid eligibility criteria after enactment of this Act. Authorizes States to request a waiver to simplify such criteria. Requires the HHS Secretary to review and approve such requests only if Federal Medicaid expenditures will not be increased as a result.
Bill· HRH.R. 4469 (103rd)open
United States · United States Congress · 20 May 1994
TABLE OF CONTENTS: Title I: Establishment of State Multicare Programs; Tax Changes Subtitle A: Establishment of State Multicare Programs Subtitle B: Federal Contribution Toward Multicare Plan Premiums; Tax Law Changes Title II: Requirements for Multicare Plans Subtitle A: General Requirements Subtitle B: Multiple Employer Health Benefits Protections Subtitle C: Repeal of COBRA Continuation Requirements Title III: States Without State Multicare Programs; Federal Health Care Programs; National Reinsurance Pool Subtitle A: Multicare Plans in States Without State Multicare Programs Subtitle B: Federal Health Care Programs Subtitle C: National Reinsurance Mechanism Title IV: Medical Malpractice Liability Reform Subtitle A: Medical Malpractice Liability Reform Subtitle B: Other Requirements and Programs Title V: Administrative Cost Savings Subtitle A: Standardization of Claims Processing Subtitle B: Electronic Medical Data Standards Title VI: Removing Restrictions on Managed Care Title VII: Modification of the Operation of the Antitrust Laws to Hospitals Multiple Choice Health Care Act of 1994 - Multicare Act of 1994 - Title I: Establishment of State Multicare Programs; Tax Changes - Subtitle A: Establishment of State Multicare Programs - Directs the Secretary of Health and Human Services (HHS) to provide grants to each State to establish a State multicare program for the offering of competing multicare plans in the State. (Sec. 101) Requires supplemental increases in grant amounts to States in proportion to a reduction in Federal payments for Medicaid acute care services and programs under title IV (Aid and Services to Needy Families with Children and for Child-Welfare Services) and title XVI (Supplemental Security Income for the Aged, Blind, and Disabled) of the Social Security Act, the Food Stamp Act, and other Federal welfare law. Restricts use of such supplemental increases to: (1) financing the State reinsurance mechanism; or (2) providing additional subsidies for poor and near poor individuals. (Sec. 102) Requires each State multicare program to provide a mechanism for certifying, according to specified criteria, at least two competing open enrollment multicare plans in all areas of the State. (Sec. 103) Requires each State multicare program to provide a mechanism for open season enrollment of State residents (with certain exceptions) in multicare plans. Authorizes a State to require: (1) each eligible individual in the State to be enrolled in such a plan; and (2) such a plan to be a multicare plan operated directly by the program. Prohibits a State from denying approval of a plan as a multicare plan because it does not have open enrollment and limits enrollment to individuals associated with an employer or association. Requires each State multicare program to provide for distribution to eligible individuals of comparative value information. (Sec. 104) Requires: (1) the HHS Secretary to develop a national list of services a multicare plan may cover, and publish treatment practice guidelines; and (2) each State multicare program to establish a State-specific list of covered health care services, which may or may not include services on the national list. Authorizes a State multicare program to decrease, for catastrophic protection, the amount of the cost-sharing limit otherwise permitted for multicare plans. (Sec. 105) Requires each State multicare program to establish procedures to ensure continuity of coverage for eligible individuals residing in each State. (Sec. 106) Requires each State multicare program to: (1) provide for a contribution, determined according to specified formulae, toward the premium cost of the enrollment of each eligible non-exempt individual enrolled in a multicare plan; and (2) include a mechanism for providing additional financial assistance to poor and near poor individuals to help them purchase multicare coverage. (Sec. 108) Requires each State multicare program to include a reinsurance mechanism, governed by a commission appointed by the State chief executive and meeting specified criteria, for high risk individuals enrolled or enrolling in plans offered in the State. Specifies options for such a mechanism, including additional payments from the common fund to plans for individuals whose costs exceed a particular threshold. (Sec. 109) Requires each State multicare program to establish procedures for consumer education and assistance, especially for individuals eligible for State health care subsidies. (Sec. 110) Requires each State multicare program to assure plan compliance with consumer rights under title II of this Act. (Sec. 111) Requires each State multicare program to provide for assurances that any State income tax laws treat employer payments for health care premiums and employee or dependent expenses as wage payments. (Sec. 112) Requires each State multicare program to provide for distribution on State and local levels of information on the average prices of common health care services. Subtitle B: Federal Contribution Toward Multicare Plan Premiums; Tax Law Changes - Sets forth formulae for determination of an annual Federal contribution toward multicare plan premiums. (Sec. 122) Amends the Internal Revenue Code to terminate: (1) the exclusion from gross income of employer-provided health care coverage; and (2) the deductions for medical care and for the health insurance costs of the self-employed. Title II: Requirements for Multicare Plans - Subtitle A: General Requirements - Sets forth general multicare plan requirements for enrollment and continuity of coverage, covered services, premiums and cost-sharing, catastrophic protection, participation in a reinsurance system, data collection, medical malpractice reform and administrative cost savings, and specified consumer rights. Subtitle B: Multiple Employer Health Benefits Protections - Amends the Employee Retirement Income Security Act of 1974 (ERISA) to provide a limited exemption under preemption rules for multiple employer plans providing health benefits subject to certain Federal standards. Relieves such exempted multiple employer plans providing medical care benefits of certain restrictions on preemption of State law. Treats such plans as employee welfare benefits plans. Sets forth exemption procedures, eligibility requirements (including rules for franchise networks), and additional requirements applicable to such exempted plan arrangements (including notice, reporting, filing, and actuarial requirements). Requires certain disclosures by such arrangements to participating employers. Requires such arrangements to maintain certain reserves. Sets forth procedures for corrective actions, expiration, suspension, or revocation of exemption, and review of actions by the Secretary of Labor. (Sec. 212) Revises ERISA provisions relating to scope of preemption rules, treatment of single employer arrangements, and treatment of certain collectively bargained arrangements. (Sec. 215) Treats employee leasing health care arrangements as multiple employer welfare arrangements, except for those employee leasing arrangements which are multiple employer health plans. Sets forth special rules for employee leasing health care arrangements which are multiple employer welfare arrangements. (Sec. 218) Provides for Federal-State cooperation in responsibility for multiple employer welfare arrangements. Allows delegation of enforcement authority to States, authorizing the Secretary to maintain concurrent authority. Directs the Secretary to provide certain enforcement assistance and ensure that only one State will be recognized as the primary domicile State which authority has been delegated pursuant to an agreement with respect to any particular multiple employer welfare arrangement. Subtitle C: Repeal of COBRA Continuation Requirements -Amends ERISA, the Internal Revenue Code, and the Public Health Service Act (with respect to certain State and local employees) to repeal COBRA (Consolidated Omnibus Budget Reconciliation Act) continuation coverage requirements for employee-related group health plans. Makes such repeals applicable to health plans offered in a State by an employer as of the first date that a State multicare program is in effect in that State. Title III: States Without State Multicare Programs; Federal Health Care Programs; National Reinsurance Pool - Subtitle A: Multicare Plans in States Without State Multicare Programs - Authorizes the HHS Secretary, in the case of a State without an approved State multicare program, to provide for: (1) operation through the Department of HHS of such a program in the State; and (2) the approval and offering of multistate plans in the State. Subtitle B: Federal Health Care Programs - Authorizes the HHS Secretary to negotiate an agreement (containing specified terms) with a State multicare program to provide Medicare-eligible persons with access to multicare plans. (Sec. 322) Entitles Federal employees eligible for the Federal Employees Health Benefit Program (FEHBP), instead of enrolling in the FEHBP, to elect to have the Federal Government contribution toward the FEHBP applied toward enrollment under a multicare plan. Allows the HHS Secretary to approve as a multicare plan a FEHBP plan which participates in a multicare reinsurance mechanism and meets the other requirements for an approved multicare plan. (Sec. 323) Requires the HHS Secretary to report to the Congress his or her recommendations on how (and the extent to which) the Civilian Health and Medical Program of the Uniformed Services (CHAMPUS), the health care programs of the Department of Veterans Affairs, and the Indian Health Service may be integrated with the multicare program established under this Act. (Sec. 324) Specifies consumer rights for individuals in Federal health care programs. Subtitle C: National Reinsurance Mechanism - Directs the HHS Secretary to establish a national reinsurance mechanism, governed by a commission appointed by the Secretary, for use by self-insured closed multicare plans operating in three or more States that have not elected to participate in State reinsurance mechanisms. Allows such plans a one-time election between the national reinsurance mechanism and a State mechanism. Title IV: Medical Malpractice Liability Reform - Subtitle A: Medical Malpractice Liability Reform - Applies this title to any medical malpractice liability claim or action brought in any State or Federal court, except a claim or action: (1) arising from a vaccine- related injury or death already covered by the Public Health Service Act; or (2) in which the plaintiff's sole allegation is of an injury arising from the use of a medical product. Preempts State law to the extent it differs from this subtitle. Declares that nothing in this subtitle shall be construed as establishing any Federal question jurisdiction over medical malpractice liability actions. (Sec. 411) Sets a statue of limitations for medical malpractice liability claims of two years after an alleged injury should reasonably have been discovered, but in no event more than four years after the alleged injury occurred (or in the case of a minor, no later than the tenth birthday). (Sec. 412) Declares that no medical malpractice liability action may be brought in any State court unless the underlying claim has been initially resolved under an alternative dispute resolution (ADR) system certified by the HHS Secretary. Limits the scope of judicial review of such an ADR decision. Mandates application of Federal ADR in malpractice claims against the United States. Requires Federal agencies to report regularly to the Administrator for Health Care Policy and Research (Administrator) on issues in controversy consisting of medical malpractice claims resolved under agency ADR proceedings. Requires pre-trial settlement conferences on any medical malpractice liability actions which reach court. (Sec. 415) Limits to $250,000 the total amount of noneconomic damages awardable to a plaintiff and family for losses resulting from the injury which is the subject of a medical malpractice liability action. Limits punitive damages to twice the total compensatory damages. Requires periodic payments of any award of more than $100,000 in damages for expenses in the future, unless the court determines that periodic payments are not in the plaintiff's best interests. Sets forth specified mandatory offsets to damages for any payments made under Federal, State, or private programs. Limits attorney's contingency fees, but allows award of such fees and other specified costs to the prevailing party. (Sec. 417) Declares that: (1) the liability of each defendant in such an action shall be several only and not joint, and limited to the defendant's percentage of responsibility; and (2) a defendant may not be found to have acted negligently unless his or her conduct was not reasonable. Makes it an affirmative defense to any allegation of negligence that the defendant followed the appropriate practice guideline sanctioned by the HHS Secretary. (Sec. 420) Declares that, in the case of a medical malpractice liability action relating to obstetric services, if the defendant health care professional did not previously treat the plaintiff for the pregnancy, the trier of fact may not find that the defendant committed malpractice and may not assess damages against him or her unless the malpractice is proven by clear and convincing evidence. States that a health care professional shall be considered to have previously treated an individual for a pregnancy if the professional: (1) is a member of a group practice whose members previously treated the individual for the pregnancy; or (2) is providing services during labor or the delivery of the baby pursuant to an agreement with another professional. (Sec. 421) Specifies the extent to which this subtitle preempts State law. (Sec. 431) Sets forth basic requirements for a State's ADR system. Requires the HHS Secretary to certify a State system if it meets such requirements. (Sec. 433) Requires the HHS Secretary to report to Congress on the State ADR systems operated according to this subtitle. Subtitle B: Other Requirements and Programs - Amends title XI (General Provisions and Peer Review) of the Social Security Act to authorize appropriations for sanctioning practice guidelines for purposes of an affirmative defense in medical malpractice liability actions. Directs the HHS Secretary to: (1) develop a standard reporting form for State ADR systems to use in transmitting information to the Administrator; and (2) study and report to Congress on the effect of the use of medical practice guidelines on the incidence of and the costs associated with medical malpractice. (Sec. 442) Declares that a State agency responsible for the conduct of disciplinary actions for a type of health care practitioner may enter into agreements (meeting specified requirements) to permit State or county professional societies of such type of practitioner: (1) to participate in practitioner licensing; and (2) to review any health care malpractice claim or allegation, or other information concerning the practice patterns of any such practitioner. Title V: Administrative Cost Savings - Subtitle A: Standardization of Claims Processing - Directs the HHS Secretary to adopt (taking into account the recommendations of specified task forces) standards relating to: (1) data elements for use in paper and electronic claims processing; (2) uniform claims forms; and (3) uniform electronic transmission of the data elements. Sets forth requirements for application of such standards, and their periodic review and revision. Subtitle B: Electronic Medical Data Standards - Directs the HHS Secretary to promulgate electronic medical data standards meeting specified criteria for hospitals and other providers. Sets a deadline for each hospital with a Medicare participation agreement to meet such standards. (Sec. 513) Authorizes the heads of appropriate Federal agencies, as of January 1, 2000, to require health care providers to present and transmit data elements electronically according to such standards. (Sec. 515) Directs the HHS Secretary to establish an advisory commission to monitor and advise about the standards established under this subtitle and operational concerns about their implementation. Authorizes appropriations. Title VI: Removing Restrictions on Managed Care - Preempts provisions of State law restricting: (1) reimbursement rates or selective contracting; (2) differential financial incentives; and (3) utilization review methods. (Sec. 601) Directs the Comptroller General to study and report to Congress on the benefits and cost effectiveness of the use of managed care in the delivery of health services. Title VII: Modification of the Operation of the Antitrust Laws to Hospitals - Declares that it shall not be unlawful under the antitrust laws for two or more hospitals to engage in conduct solely for the purpose of negotiating a proposed agreement to share expensive medical services or high technology equipment. (Sec. 702) Requires the HHS Secretary to issue waivers to exempt from the operation of the antitrust laws conduct engaged in by hospitals to carry out any such agreements which meet specified criteria.
Bill· HRH.R. 4468 (103rd)referred
United States · United States Congress · 20 May 1994
Amends the Higher Education Act of 1965 to revise a restriction on the participation of proprietary institutions of higher education in student financial aid programs, by treating funds received by an institution from proceeds of loans made to students or parents as funds of such students or parents for purposes of the requirement that at least 15 percent of a proprietary institution's revenues come from sources not derived from Federal student aid programs.
Bill· HRH.R. 4464 (103rd)referred
United States · United States Congress · 20 May 1994
National Community Service Commemorative Coin Act - Directs the Secretary of the Treasury to issue one-dollar silver coins to commemorate students who volunteer to perform community service. Mandates that all surcharges received from such coin sales be paid to the National Community Service Trust to fund innovative community service programs at American universities, including the service, research, and teaching activities of the faculty and students involved in such programs.
Bill· SS. 2137 (103rd)open
United States · United States Congress · 19 May 1994
Montana National Forest Management Act of 1994 - Designates certain national forest lands in Montana as wilderness areas. Retains existing water rights in such areas. Directs that, prior to the revision of Land and Resource Management Plans for national forest lands in Montana that were completed prior to this Act's enactment, decisions to allocate roadless areas to wilderness or nonwilderness categories and environmental analyses related to such allocations shall not be subject to judicial review. Provides that, except for decisions allocating lands to wilderness and nonwilderness categories, nothing in this Act shall preclude judicial review of: (1) Department of Agriculture decisions implementing such Plans or decisions made concerning the management of national forest lands subsequent to allocations to wilderness and nonwilderness categories; and (2) Forest Service regional guides and other departmental policies of general applicability. Deems certain reviews by the Department of Agriculture of national forest lands in Montana to be an adequate consideration of the suitability of such lands for inclusion in the national wilderness preservation system. Requires certain lands which were not designated as wilderness, special management, national recreation, or wilderness study areas by this Act to be managed for multiple use. Prohibits the Department of Agriculture from conducting any further statewide roadless area review and evaluation of national forest system lands in Montana for purposes of determining suitability for inclusion in the national wilderness preservation system. Designates specified national forest system lands in Montana as national education, recreation, scenic, wildlife, and wilderness study areas. Withdraws the Badger-Two Medicine Area from all forms of entry, appropriation, and disposal under mining and public land laws and from disposition under geothermal and mineral leasing laws. Requires the Secretary of Agriculture to manage such area as to protect its wilderness qualities. Provides that nothing shall preclude the gathering of timber by the Blackfeet Tribe in exercise of valid treaty rights. Requires the Secretary to review such area in accordance with the Wilderness Act of 1964. Provides that the Bitter Creek and Axolotl Lakes Wilderness Study Areas have been sufficiently studied for wilderness designations. Authorizes appropriations.
Bill· SS. 2134 (103rd)referred
United States · United States Congress · 19 May 1994
TABLE OF CONTENTS: Title I: Work Requirements for Welfare Recipients Title II: Promotion of Marriage and Social Responsibility Subtitle A: Welfare Benefits Subtitle B: Grants for Assistance to Children Born Out-of-Wedlock Subtitle C: Tax Credit for Certain Low-Income Families Subtitle D: Expansion of Abstinence Education Title III: Child Support Enforcement Title IV: Specific Reforms in Welfare Spending Title V: State Options and Miscellaneous Provisions Title VI: Capping the Aggregate Growth of Welfare Spending Welfare Reform Act of 1994 - Title I: Work Requirements for Welfare Recipients - Amends Part A (Aid to Families with Dependent Children) (AFDC) of title IV of the Social Security Act (SSA) to require each State, as a condition of participation in the AFDC program, to establish a workfare and dependency reduction program meeting specified requirements. (Sec. 101) Sets forth program participation requirements for parents in the AFDC unemployed parent program and certain noncustodial parents, including a specified mix of weekly community work service and job search activities or benefits to wages program participation. Specifies participation requirements for each adult AFDC recipient in a single-adult family. Requires States to establish: (1) a community work service program under which a participating individual shall work for a public or nonprofit private sector organization; and (2) a benefits to wages program under which an individual shall work for a qualified private employer whom the Secretary of Health and Human Services (HHS) shall pay a wage subsidy on behalf of such individual equal to the amount of AFDC allotment and the cash value of food stamp benefits the individual would otherwise receive. Sets forth penalties (including allotment reductions and eligibility denials) for individuals, including noncustodial parents, who fail to meet participation requirements. Prohibits participating organizations or entities from replacing any employed workers with participating AFDC individuals. Specifies payments to States for welfare and dependency reduction programs. Requires State plans to require custodial parents under 19 years old who have not successfully completed a high-school education to participate in an educational activity, either a high-school diploma or equivalency degree program or other training or work activities. Amends the Internal Revenue Code to provide for advance payments of the earned income tax credit to employees in a benefits to wages program. (Sec. 102) Amends the Food Stamp Act of 1977 to deny food stamp eligibility to any able-bodied individual belonging to a household otherwise eligible for food stamps if that individual has not performed at least 32 hours of work on behalf of a State or local government, through a program established by that government, during the preceding month. (Sec. 103) Specifies job search requirements for AFDC applicants and recipients with children over five years old. Title II: Promotion of Marriage and Social Responsibility - Subtitle A: Welfare Benefits - Declares the sense of the Congress that: (1) marriage is the foundation of a successful society; and (2) in view of specified negative consequences of out-of-wedlock birth on the child, the mother, and society, the reduction of such births is an important government interest. (Sec. 201) Amends SSA title IV Part A (AFDC) and the Food Stamp Act of 1977 to require State plans and State food stamp agencies, respectively, with specified exceptions, to deny AFDC payments for a child born to any unmarried individual under 26 (or later age, if the State so determines). Allows such payments if the child is legally adopted or if the child's custodian marries an individual who assumes lawful paternity or permanent legal guardianship and financial responsibility for the child. Amends the United States Housing Act of 1937 to require public housing contracts to provide for denial of housing and rental assistance in the same circumstances. (Sec. 202) Amends SSA title IV Part A (AFDC) and the Food Stamp Act of 1977 to require similar denial of benefits with respect to any additional children born while the custodial parent was receiving assistance. (Sec. 203) Amends SSA title IV Part A (AFDC) to require reductions in AFDC payments to a family where a child has been born for whom paternity has not been established. Provides for such payments, notwithstanding such denial policy, for a child of up to four months old if some identifying information on the putative father is provided. Subtitle B: Grants for Assistance to Children Born Out-Of-Wedlock - Amends SSA title IV Part A (AFDC) to provide for grants to States for programs to discourage out-of-wedlock births and to care for children born out-of-wedlock. Allows the use of such funds to: (1) establish or expand out-of-wedlock pregnancy reduction programs; (2) promote adoption; (3) establish and operate orphanages; and (4) establish and operate closely supervised residential group homes for unwed mothers. (Sec. 211) Prohibits payments to: (1) parents of out-of-wedlock children; or (2) such children if parent and child live in any conventional residential or community setting, including a relative's household or a household headed by the custodial parent. Subtitle C: Tax Credit for Certain Low-Income Families - Amends the Internal Revenue Code to allow an additional earned income tax credit for a married individual who: (1) has lived together with his or her spouse at all times during the marriage during the taxable year; and (2) has earned at least $8,500 in income for such year. Subtitle D: Expansion of Abstinence Education - Directs the HHS Secretary to make grants to States and public and private entities to establish educational programs beginning in the sixth grade or later that emphasize the social, psychological, and health gains to be derived from abstaining from sexual activity while unmarried. Authorizes appropriations. Title III: Child Support Enforcement - Directs the Secretary of the Treasury to establish a system for the reporting of information relating to child support obligations of employees, including mandatory reporting of such information on W-4 forms. (Sec. 302) Amends SSA title IV Part A (AFDC) to require State agencies to: (1) maintain child support order registries; (2) make all pertinent State records accessible to any agency of any other State through the Interstate Locate Network; (3) give custodial parents access to State parent locator services to aid in establishment and enforcement of child support obligations against noncustodial parents; and (4) give noncustodial parents access to such services to aid in establishment of visitation rights. (Sec. 303) Provides for expansion of the Parent Locator Service. Directs the HHS Secretary to establish an Interstate Locate Network linking the Parent Locator Service and all State databases. Requires regulations governing information sharing among States, within States, and between the States and the Parent Locator Service. (Sec. 304) Amends SSA title IV Part A (AFDC) to require States to have laws requiring employers to withhold child support pursuant to uniform income withholding orders. (Sec. 305) Requires the responsible unit within HHS to develop: (1) a uniform abstract of a child support order containing specified terms for use by all State courts; and (2) procedures providing for voluntary establishment or acknowledgement of paternity. (Sec. 306) Waives the application and genetic testing fees for any individual receiving child support collection or paternity determination services who has been denied AFDC, food stamp, and housing assistance under this Act. Title IV: Specific Reforms in Welfare Spending - Amends the National School Lunch Act to reduce the income eligibility guidelines for reduced price lunches from 185 to 130 percent of the applicable family-size nonfarm income levels. (Sec. 402) Repeals the Mickey Leland Childhood Hunger Relief Act. Applies the Food Stamp Act of 1977 as if the Mickey Leland Childhood Hunger Relief Act had not been enacted. (Sec. 403) Amends the Revenue Reconciliation Act of 1993 to repeal the mandates and authorities for empowerment zones and enterprise communities. (Sec. 404) Amends SSA title IV Part A (AFDC) to reduce by 25 percent monthly benefits to AFDC families who also receive public housing benefits. (Sec. 405) Repeals the Davis-Bacon Act (which requires Federal contractors and subcontractors to pay prevailing wages). (Sec. 406) Reduces the authorization of appropriations for social services block grants for each fiscal year after FY 1994. (Sec. 407) Limits specified welfare benefits, currently available to aliens, to U.S. citizens only. Declares that it is the policy of the Congress that States and local educational agencies should not be required to provide a free public elementary or secondary education to any individual who is not a U.S. citizen, a lawful resident alien, or an alien permanently residing in the United States under color of law. Requires a State or local educational agency to notify the Attorney General whenever it learns of a public school child who does not belong to any such category. Requires immediate deportation proceedings against such child. (Sec. 408) Amends SSA title XVI (Supplemental Security Income (SSI) for the Aged, Blind, and Disabled) to direct the HHS Secretary to issue vouchers in lieu of cash benefits to each eligible child under 18 to cover the cost of certain medical expenses. (Sec. 409) Requires an eligibility review during the year after the 18th birthday of any individual receiving disability benefits. (Sec. 410) Requires a specified reduction of the authorization of appropriations for low-income home energy assistance for any fiscal year. Title V: State Options and Miscellaneous Provisions - Amends SSA title IV Part A (AFDC), the Food Stamp Act of 1977, and the United States Housing Act of 1937 to allow States the option to: (1) place a time limit on AFDC, food stamp, and housing assistance to any individual; and (2) apply that time limit to any household moving to a State from another State with such a time limit. (Sec. 502) Amends SSA title IV Part A (AFDC) to give a State the option to treat interstate immigrants under the AFDC benefit rules of their former State. (Sec. 503) Directs the Secretary of Labor, in cooperation with the States, to conduct ongoing evaluations of Federal and State job training programs. Authorizes appropriations. (Sec. 504) Amends specified parts of the Social Security Act, the Food Stamp Act of 1977, and the United States Housing Act of 1937 to require safeguards and information exchange among law enforcement agencies to ensure that fugitive felons and probation and parole violators do not receive Medicaid, AFDC benefits, food stamps, SSI, or housing assistance. Requires public housing agencies to furnish Federal, State or local law enforcement agencies, upon request, the current address of any assistance recipient identified as a fugitive felon or probation or parole violator. Title VI: Capping the Aggregate Growth of Welfare Spending - Specifies FY 1995 through 1996 and subsequent fiscal year caps on Federal spending on certain welfare programs. (Sec. 602) Directs the HHS Secretary to make welfare block grants to the States for aid to low-income households. Prohibits the use of such funds for abortions or for any counseling related to abortion. Sets forth general work, job search, and training requirements for aid recipients, as well as certain participation requirements for States. Denies cash or direct food assistance to young unwed parents as under title II of this Act, or to noncitizens, fugitive felons, or probation or parole violators. (Sec. 603) Terminates funding and State obligations under specified cash, medical, housing, energy, education, jobs and training, social services, and low-income community aid welfare programs as of the end of FY 1994. (Sec. 604) Dedicates to deficit reduction all Federal savings under the spending cap mandated by this title. Requires the adjustment of the present discretionary spending caps for the net increase in discretionary spending that results from the creation of the welfare block grant as a replacement for current welfare entitlement programs. (Sec. 605) Sets forth special rules, upon termination of the AFDC program, with respect to grants for assistance to children born out-of-wedlock. (Sec. 606) Amends SSA title XIX (Medicaid) with respect to Medicaid eligibility criteria after enactment of this Act. Authorizes States to request a waiver to simplify such criteria. Requires the HHS Secretary to review and approve such requests only if Federal Medicaid expenditures will not be increased as a result.
Bill· SS. 2133 (103rd)referred
United States · United States Congress · 19 May 1994
Science Start Grant Program Act of 1994 - Authorizes the Science Start Grants program of grants to organizations to support model programs of instruction of Head Start personnel in introducing science activities to children enrolled in Head Start programs. Sets forth grant award priorities. Requires grant recipients to report model program results to the Eisenhower National Clearinghouse for Mathematics and Science Education for dissemination. Authorizes appropriations. Requires a biennial evaluation and report to the Congress.
Bill· HRH.R. 4461 (103rd)referred
United States · United States Congress · 19 May 1994
Workforce Diversity Partnership Act of 1994 - Establishes a workforce diversity grant program. Authorizes the Secretary of Labor to make such grants for various research, education, and training activities relating to workforce and cultural diversity. Makes eligible for such grants partnerships of an institution of higher education with one or more of the following organizations: (1) a for-profit or nonprofit corporation, business, or partnership; (2) a labor organization; or (3) an organization with demonstrated interest or expertise in workforce diversity issues. Sets forth requirements for applications, uses of funds, selection criteria, peer review panels, Federal and non-Federal shares, and reports. Authorizes appropriations.
Record· NominationPN1379 (103rd)open
United States · United States Senate · 12 May 1994
Bill· SS. 2109 (103rd)open
United States · United States Congress · 12 May 1994
Access to Community Health Care Act of 1994 - Amends the Public Health Service Act to allow community health centers to provide: (1) services at schools and other appropriate locations; and (2) specified enabling and outreach services. (Sec. 2) Authorizes the Secretary of Health and Human Services to make grants (including planning and development grants) to one or more community health centers receiving medically underserved population grants, or to one or more federally qualified health centers, to support development of a community health service network or plan. Requires such a network or plan to be governed by individuals a majority of whom are registered network or plan patients, or representatives of entities providing health services under grants, or a combination of such individuals. Authorizes the Secretary to make grants for planning, developing, and operating health networks and plans that will provide or enhance the provision and accessibility of specified services to medically underserved populations and health professional shortage areas in the network or plan's service area. Requires a network or plan, as a condition of grant approval, to assure significant community involvement, including: (1) a board of governors one-third of whom are registered patients or representatives of entities providing health services under grants, or a combination of both; or (2) a patient advisory board. Authorizes appropriations. (Sec. 3) Authorizes the Secretary to make and guarantee loans to grant-receiving entities for: (1) acquisition, modernization, expansion, conversion, or construction of facilities with respect to medically underserved populations; (2) major equipment purchases; (3) establishment of reserves required for furnishing services on a prepaid basis; and (4) other necessary capital costs. Sets forth preferences and priorities in the making of such loans and loan guarantees. Establishes a Loan and Loan Guarantee Fund (Fund) in the Treasury. Authorizes appropriations. Amends the Internal Revenue Code to preserve tax-exempt status for any State or local bonds guaranteed by the Fund. (Sec. 4) Allows migrant health centers to provide: (1) services at schools and other appropriate locations; and (2) specified enabling and outreach services. Authorizes a homeless health services grant to include the acquisition, modernization, or expansion of existing buildings, or construction of new buildings. Authorizes appropriations for migrant and homeless health centers. (Sec. 5) Authorizes additional appropriations for the National Health Service Corps. (Sec. 6) Sets forth preferences for certain health professions program and nurse training program applicants. Revises specified requirements with respect to payment for direct and indirect costs of graduate medical education. (Sec. 7) Amends title XI (General Provisions and Peer Review) of the Social Security Act (SSA) with respect to specified safeguards (including freedom of choice of care and services provider) for rural health clinics and federally qualified health centers in Medicaid demonstrations. (Sec. 8) Amends SSA title XI to exempt from specified criminal penalties for acts involving Medicare and State health programs any remuneration paid by or to a Federal grant recipient or subrecipient in connection with an arrangement for goods or services procurement, if certain requirements are met. Requires, among other things, that such an arrangement will: (1) result in the savings of Federal grant funds or increased revenues to the recipient or subrecipient that will be used to increase the availability of or improve services to a medically underserved population; and (2) not result in private inurement to any current employees or members of the Board of Directors of the recipient or subrecipient, or to agents involved in recommending or negotiating the arrangement. Exempts from such criminal penalties any arrangement failing to meet such requirements which is approved by the Secretary because it will produce substantial benefit to a medically underserved population that outweighs any failure to meet those requirements.
Bill· HRH.R. 4414 (103rd)referred
United States · United States Congress · 12 May 1994
TABLE OF CONTENTS: Title I: Time-Limited Transitional Assistance Title II: Make Work Pay Subtitle A: Health Care Subtitle B: Earned Income Tax Credit Subtitle C: Child Care Subtitle D: AFDC Work Disregards Subtitle E: AFDC Asset Limitations Title III: The Work First Program Subtitle A: AFDC Subtitle B: Targeted Jobs Tax Credit Title IV: Family Responsibility and Improved Child Support Enforcement Subtitle A: Enhancement of Ability to Identify and Locate Noncustodial Parents Subtitle B: Paternity Establishment Subtitle C: Improvement of Child Support Order Establishment Process Subtitle D: Child Support Enforcement Title V: Teen Pregnancy and Family Stability Subtitle A: Federal Role Subtitle B: State Role Title VI: Program Simplification Subtitle A: Increased State Flexibility Subtitle B: Coordination of AFDC and Food Stamp Programs Subtitle C: Fraud Reduction Title VII: Financing Subtitle A: Ineligibility of certain Aliens for certain Social Services Subtitle B: Other Provisions Relating to Aliens Subtitle C: Limitation on Emergency Assistance Expenditures Subtitle D: Family Day Care Homes Program Improvements Subtitle E: Collection of Certain State and Local Taxes on Out-of-State Sales Title VIII: Effective Date Independence for Families Act of 1994 - Title I: Time-Limited Transitional Assistance - Amends part A (Aid to Families with Dependent Children) (AFDC) of title IV of the Social Security Act (SSA) to: (1) require States opting below to have work first programs to make ineligible for AFDC any family with a member who has participated in such work program for two years; (2) condition eligibility for AFDC on participation in job search activities except during unsubsidized full-time private sector employment; (3) provide transitional child care for families cut off AFDC after two years; and (4) direct the Secretary of Health and Human Service (Secretary) to establish a database of work first and community service programs participants for use by States opting to have work first programs. Title II: Make Work Pay - Amends SSA titles XIX (Medicaid) and IV part A (AFDC), as well as the Internal Revenue Code (IRC) and other specified Federal law, to make various specified changes with regard to, among others, extended Medicaid enrollment for former AFDC recipients, increased AFDC earned income disregards, limited AFDC income and resource disregards of savings for education, first time home or automobile purchase, microenterprise initiatives, increased child care funding and transitional benefits for two parent families, and refundable tax credits for dependent care and other expenses connected with gaining employment in order to enable AFDC recipients to become self-sufficient. (Sec. 229) Expresses the sense of the Congress that: (1) the Child Care Development and Block Grant Act should be reauthorized to allow States greater flexibility to use their funds to strengthen child care; and (2) States should institute a child care voucher system to enable families on AFDC to purchase child care services, create Consumer Information Centers for providing information on eligible child care providers, and loosen their regulations to allow for reimbursement of certain provider costs. Title III: The Work First Program - Amends SSA title IV to: (1) replace the current Job Opportunities and Basic Skills Training Program under part F with a new Work First Program that allows participating States to establish work programs similar to those operated by Riverside County, California and the State of Oregon; (2) add a new part G (Community Service Program); (3) include a work supplementation component under each such program that provides for subsidized private sector or State or local government jobs; (4) give States the option of having such programs; and (5) require States exercising such option to provide participants with the necessary case management services to ensure integrated benefits and services provided under such programs. (Sec. 311) Amends IRC to provide for an increase in the minimum period of employment required to receive a targeted jobs tax credit. Title IV: Family Responsibility And Improved Child Support Enforcement - Amends SSA title IV parts A and D (Child Support and Establishment of Paternity) to make specified changes with regard to AFDC recipient cooperation in establishing paternity of illegitimate children, locate services for enforcing child support orders, parenting services for new fathers, and distribution of child support proceeds. (Sec. 411) Expresses the sense of the Congress that: (1) certain actions pursuant to a child support order, such as the denial of visitation rights, should be treated as irrelevant in actions brought to enforce other provisions of the order; (2) the Secretary should investigate accessing certain Federal data banks not linked to the Parent Locator Service; (3) the national network established under this title for handling locate requests should be used to access State records only through the agency administering the State part D plan; (4) social services should be provided in hospitals to women whose pregnancy results from rape or incest; and (5) States should implement methods for verifying locate information and develop programs like the State of Wisconsin's program for noncustodial parents unable to meet support obligations. (Sec. 421) Establishes the National Child Support Guidelines Commission to: (1) study and develop a national child support guideline if one proves advisable; and (2) submit a report on the study's results to the President and the Congress. (Sec. 431) Requires the Secretary of the Treasury to establish a system for enabling child support information to be obtained at the workplace via W-4 form reporting by employees. Amends IRC to require employers to: (1) deduct and withhold child support obligations from employee wages; (2) pay withholdings to the appropriate payee; and (3) include withheld obligations on the employee's W-2 form. Makes various other specified changes to SSA title IV part D involving: (1) State procedures for comparing information in the national registry of child support orders (NR) established under this title with information obtained above from W-4 form reporting, and for imposing monetary penalties on employees who fail to report support obligations; (2) development of uniform withholding orders; (3) garnishment of certain Federal benefits and seizure of lottery winnings and other payouts to satisfy support arrearages; (4) State reporting of support obligations to credit bureaus; and (5) liability of grandparents for financial support of children of their minor children. Title V: Teen Pregnancy and Family Stability - Amends SSA title IV part A (AFDC) with respect to Federal and State roles in reducing teenage pregnancy and promoting family stability; by: (1) requiring States to deny AFDC for additional children (except those born as a result of rape or incest) of AFDC families unless the State plan explicitly provides for such additional children; and (2) providing for unmarried minors who are pregnant or who have children to live under adult supervision in order to receive AFDC. (Sec. 503) Directs the Secretary of Education to establish a task force to reduce teenage pregnancy. (Sec. 511) Expresses the sense of the Congress that: (1) children should be educated about the risks of early parenthood; (2) reproductive family planning and education should be made available to potential parents; and (3) States should use SSA title XX (Block Grants to States for Social Services) funds to provide comprehensive services to high-risk youth and work with schools for early identification and referral of such children. Title VI: Program Simplification - Amends SSA titles IV part A and XI, as well as the Food Stamp Act of 1977, to give States increased flexibility in providing AFDC benefits (including restoring those wrongfully terminated) through, among other means, use of electronic benefit transfers, quicker action on waiver requests, and coordination with food stamp rules. (Sec. 631) Expresses the support of the Congress for certain efforts by the Social Security Administration to reduce fraud and abuse in the Supplemental Security Income (SSI) Program under SSA title XVI. (Sec. 632) Requires the Secretary to study and report to the Congress on the feasibility of issuing a single counterfeit-resistant ID card to replace the current social security card and any health security card issued under health reform legislation. Title VII: Financing - Amends the SSA, the IRC, and the Food Stamp Act of 1977 to make certain aliens ineligible for AFDC, SSI, Medicaid, food stamps, and the earned income tax credit. (Sec. 711) Sets forth special rules concerning aliens and general public assistance. (Sec. 714) Authorizes appropriations for financial assistance to States for assistance to resident aliens. Specifies the annual allocation of such Federal financial assistance for each State and the District of Columbia through FY 1988. (Sec. 721) Amends SSA title IV part A (AFDC) to revise: (1) the definition of "emergency assistance to needy families with children"; and (2) the limitation on State expenditures for such assistance. (Sec. 731) Amends the National School Lunch Act to: (1) modify family and group day care home reimbursement provisions under the child and adult care food program; and (2) provide grants to States for making grants to family and day care homes. Tax Fairness for Main Street Business Act of 1994 - States that the Congress: (1) recognizes that some States will be adversely affected by provisions of this Act which deny immigrants certain public assistance; (2) pledges to help those States offset the potential cost shift; and (3) encourages States, in authorizing them below to require out-of-State companies to collect sales taxes on certain purchases, to use increased revenues resulting from such collections to offset such cost shift and design assistance programs addressing special needs of immigrants. (Sec. 744) Authorizes a State or local jurisdiction to require certain out-of-State businesses to collect sales taxes on tangible personal property sold to residents of the State or local jurisdiction. (Sec. 745) Provides an in-lieu fee rate where local taxes are not uniform. (Sec. 746) Prohibits a State from requiring out-of-State businesses to file reporting returns more than once every calendar quarter. (Sec. 749) Requires a State to establish toll-free information services to provide such businesses with necessary forms and instructions. Title VIII: Effective Date - Sets forth the effective date of this Act.
Bill· HRH.R. 4407 (103rd)referred
United States · United States Congress · 12 May 1994
TABLE OF CONTENTS: Title I: Federal Responsibilities Subtitle A: Federal Workforce Preparation and Development Council Subtitle B: National Commission for Employment Policy Subtitle C: Federal Waiver Authority for Provisions of Workforce Preparation and Development Programs Subtitle D: Implementation Grants and Technical Assistance Title II: State Responsibilities Subtitle A: State Human Resource Investment Council Subtitle B: Unified Single State Plan Subtitle C: Unified Service Areas Subtitle D: Local Workforce Development Boards Subtitle E: Community Job Resource Centers Title III: Consolidation of Federal Workforce Preparation and Development Programs Subtitle A: Adult Education and Literacy State Block Grant Programs Subtitle B: Vocational and Technical Education State Block Grant Program Subtitle C: State Vocational Rehabilitation Block Grant Program Subtitle D: Adult Employment and Training System Subtitle E: Youth Employment and Training Block Grant Program Subtitle F: Native Americans' Employment, Training, and Education Block Grant Program Subtitle G: Migrant and Seasonal Farmworkers Employment, Training, and Education Block Grant Program Title IV: Miscellaneous Provisions Title V: Effective Dates and Transition Consolidated and Reformed Education, Employment, and Retraining Systems Act (CAREERS Act) - Establishes a comprehensive workforce preparation and development (WPD) system. Title I: Federal Responsibilities - Subtitle A: Federal Workforce Preparation and Development Council - Establishes the Federal Workforce Preparation and Development Council, consisting of the Secretaries of Labor, Education, Health and Human Services, and Commerce, the Director of the Office of Management and the Budget, and any other Federal agency heads the President may designate. Requires the Federal Council to develop a strategic WPD plan for the United States and report to the President and the Congress. Subtitle B: National Commission for Employment Policy - Amends the Job Training Partnership Act to establish a National Commission for Employment Policy. Directs the Commission to study existing WPD programs and develop recommendations on reforms necessary for a comprehensive WPD system for the President, the Congress, and the Federal Council. Subtitle C: Federal Waiver Authority for Provisions of Workforce Preparation and Development Programs - Authorizes the Federal Council to waive provisions of law or regulations relating to State planning and reporting, performance standards, or other provisions with respect to WPD programs under unified State plans. Sets forth provisions for waiver applications, review, approval or disapproval, and revocation. Subtitle D: Implementation Grants and Technical Assistance - Authorizes the Federal Council to provide grants and technical assistance to States that have an approved application to carry out the single State plan. Requires a State to provide at least 70 percent of such a grant to the Local Boards. Authorizes appropriations. Title II: State Responsibilities - Subtitle A: State Human Resource Investment Council - Requires any participant State to establish a State human resource investment council to assist the Governor in developing a coordinated State strategy for WPD programs, including school-to-work transition and lifelong learning programs. Subtitle B: Unified Single State Plan - Requires any participant State to: (1) establish a unified single State plan to coordinate services under WPD programs; and (2) report annually to the Federal Council on progress in achieving plan goals. Expresses the sense of the Congress that States and unified service areas should use cost-effective methods for collecting data for post-program follow-up of participants of WPD programs. Subtitle C: Unified Service Areas - Requires any participant State to ensure establishment of unified service areas throughout the State to provide community-wide WPD services. Subtitle D: Local Workforce Development Boards - Requires any participant State to ensure establishment of a Local Workforce Development Board in each unified service area. Requires a participant Local Board, in partnership with local governments, to submit an annual unified local plan to the State Council for approval. Subtitle E: Community Job Resource Centers - Requires any participant State to ensure that each Local Board designates or establishes a network of community job resource centers in its unified service area, to be composed of specified entities. Title III: Consolidation of Federal Workforce Preparation and Development Programs - Subtitle A: Adult Education and Literacy State Block Grant Programs - Amends the Adult Education Act (AEA) to authorize appropriations for FY 1995 and 1996 for: (1) the State Block Grant program authorized under the State Adult Education and Literacy Program, with a limited portion for certain additional State activities; and (2) national activities, including the National Institute for Literacy. (Sec. 302) Allows a portion of such block grants to States to also be used for the following additional programs: correctional education, State literacy resource centers, workplace literacy, English literacy, and training of literacy teachers and volunteers. (Sec. 303) Revises four-year State plan provisions to require description of steps to be taken in continuing programs for correctional education, State literacy resource centers, workforce literacy, and the homeless. Focuses on use and training of adult and elderly volunteers. (Sec. 304) Repeals specified AEA provisions, including: (1) a reservation of funds for national activities; (2) mandatory reserved funds for programs for corrections education and education of other institutionalized individuals; (3) mandatory reserved funds for special experimental demonstration projects and teacher training; (4) grants for State literacy resource centers; (5) grants for adult literacy volunteer training from certain reserved funds; and (6) workplace literacy and English literacy grants. (Sec. 306) Repeals provisions of the: (1) National Literacy Act relating to literacy for incarcerated individuals; (2) Domestic Volunteer Service Act of 1973 relating to the Vista Literacy Corps; and (3) Stewart B. McKinney Homeless Assistance Act relating to literacy initiatives for adult homeless individuals. Subtitle B: Vocational and Technical Education State Block Grant Program - Amends the Carl D. Perkins Vocational and Applied Technology Education Act to authorize appropriations for FY 1995 and 1996 for: (1) the State Block Grant program, with certain amounts for territories and for employment and training block grant programs for Native Americans under the Job Training Partnership Act (JTPA); and (2) national activities, with a certain amount for the National Council on Vocational Education. (Sec. 312) Revises provisions for State allotments and within-State allocation. Repeals provisions relating to State administration and for authorization of appropriations for State councils on vocational education. (Sec. 313) Requires State plans to describe the extent to which the State Vocational Education Block Grant provides for programs for single parents, displaced homemakers, single pregnant women, sex equity, and tech prep. Adds to authorized activities under State programs: business-labor-education partnerships, corrections education, and support for consumer and homemaking education. Includes under authorized activities for other State-administered programs: comprehensive career guidance and counseling and consumer and homemaking education. (Sec. 314) Revises provisions for mandatory use of funds for programs for single parents, displaced homemakers, and single pregnant women, and for sex equity. Repeals provisions for programs for criminal offenders. (Sec. 315) Eliminates a special rule for minimal allocation. Establishes a tech-prep education program. Directs State Boards to award grants for four-year tech-prep education programs to consortia of specified secondary and higher education entities. (Sec. 316) Repeals provisions for various Special Programs. (Sec. 317) Revises provisions for demonstration programs to authorize the Secretary of Education to make demonstration grants to improve vocational education programs. (Currently requires such grants to be made for specific types of programs.) Repeals provisions for Bilingual Vocational Training. Subtitle C: State Vocational Rehabilitation Block Grant Program - Amends the Rehabilitation Act of 1973 (RA) to consolidate certain employment-related programs, including supported employment for individuals with most severe disabilities, special recreation activities and services, and projects with industry. Reserves certain RA funds for Native American employment and training block grant programs under JTPA. Subtitle D: Adult Employment and Training System - Allows a State or eligible unified service area to combine funds received under one or more programs described in this subtitle or the Wagner-Peyser Act to develop and implement an integrated adult employment and training system. Requires a single application and State plan to combine such funds. Allows an eligible unified service area to combine such funds, with State approval and consistent with the State plan approved by the Secretary of Labor, if it has adopted a one-stop delivery system. Chapter 1: Disadvantaged Adult Employment and Training Block Grant Program - Amends the Job Training Partnership Act (JTPA) to revise allocation and allotment provisions, including State reservations of funds, limitations, and State activities. (Sec. 342) Requires each service delivery area to ensure equitable provision of training and placement opportunities for older individuals in private sector jobs. (Sec 343) Renames JTPA title II part A as the Disadvantaged Adult Employment and Training Block Grant Program. Authorizes appropriations. Repeals: (1) incentive grants for certain JTPA title II programs that exceed performance standards; and (2) certain program design provisions for services for older individuals. Repeals specified provisions for job training for the homeless under the Stewart B. McKinney Homeless Assistance Act (except homeless veterans' reintegration projects). Chapter 2: Dislocated Worker Employment and Training Block Grant Program - Amends JTPA title III dislocated worker provisions to include skills upgrading under authorized retraining services. (Sec. 352) Requires that special consideration for eligibility for needs-related payments be given to workers dislocated due to Federal policies, including trade policy, in particular the North American Free-Trade Agreement, or reductions of defense spending or closures of military facilities. (Sec. 353) Authorizes appropriations for the JTPA title III Dislocated Worker Employment and Training Block Grant Program for FY 1995 and thereafter. Repeals JTPA provisions relating to programs for: (1) defense conversion adjustment; (2) defense diversification; and (3) clean air employment transition assistance. Repeals the program of adjustment assistance for workers under the Trade Act of 1974. Renames JTPA title III as the Dislocated Worker Employment and Training Block Grant Program. (Sec. 354) Makes funds from such aforementioned repealed programs under JTPA and the Trade Act of 1974 available for JTPA title III. Chapter 3: Veterans' Employment and Training Block Grant Program - Renames and revises JTPA title IV part C veterans' employment programs provisions as the Veterans' Employment and Training Block Grant Program. (Sec. 362) Makes available for such JTPA program any unobligated or unexpended funds under the Service Members Occupational Conversion and Training Act of 1992 and specified provisions of Federal laws relating to: (1) disabled veterans outreach; (2) local veterans employment representatives; (3) homeless veterans' reintegration projects; (4) veterans' vocational rehabilitation; and (5) job counseling, training and placement service for veterans. (Sec. 363) Directs the Secretary of Labor, through the Assistant Secretary of Veterans Employment and Training and in cooperation with the Secretary of Defense, to provide for orderly implementation of the Veterans' Employment and Training Block Grant Program under JTPA. (Sec. 364) Repeals, after a transition period, the Service Members Occupational Conversion and Training Act of 1992 and specified provisions of Federal law relating to: (1) veterans' employment and training opportunities and employment assistance; (2) disabled veterans outreach, local veterans employment representatives, and their performance; and (3) homeless veterans' reintegration projects. (Sec. 365) Authorizes appropriations. Chapter 4: Job Opportunities and Basic Skills Act - Amends the Social Security Act to transfer authority over the Job Opportunities and Basic Skills (JOBS) program to the Secretary of Labor. Directs the Secretary to develop performance standards for such program and issue regulations to coordinate administration of such program at Federal, State, and local levels with JTPA programs. Subtitle E: Youth Employment and Training Block Grant Program - Amends JTPA title II part C youth training program provisions to provide for a comprehensive range of integrated education, training, employment and social services to disadvantaged and at risk disadvantaged youth not currently served, or underserved, by existing Federal education and training programs particularly in areas of high poverty or crime. (Sec. 373) Sets age 14 through 21 as part of eligibility criteria. (Sec. 374) Includes under authorized services specified outreach and recruitment efforts. Requires use of strategies and practices based on comprehensive and integrated service delivery, innovative approaches to serving hardest-to-serve youths, and programs with community support that make use of various resources and entities. Allows a portion of youth training funds to be used for specified summer youth employment and training activities. (Sec. 375) Adds to JTPA youth training program linkages the School-to-Work Opportunities Act of 1994. (Sec. 376) Renames JTPA title II part C youth training programs provisions as the Disadvantaged Youth Employment and Training Block Grant Program. Authorizes appropriations. Repeals JTPA title II part B summer youth employment and training program and title IV part H Youth Fair Chance program. Subtitle F: Native Americans' Employment, Training, and Education Block Grant Program - Amends JTPA title IV part A Native American programs to include tribally controlled postsecondary vocational institutions among program providers. (Sec. 383) Adds to comprehensive plan requirements, including strategic overviews and coordination with similar programs. (Sec 384) Directs the Native American Employment and Training Council to advise the Secretaries of Education and of the Interior, as well as the Secretary of Labor, and to recommend ways of consolidating other Native American employment and training programs into the JTPA program. (Sec 385) Makes available for the JTPA Native American Block Grant program unobligated or unexpended funds under the specified Act and portions of Acts which are repealed in the following section. (Sec. 386) Repeals the Indian Employment, Training, and Related Services Act of 1992 and specified provisions under the Indian Education Act, the Social Security Act, the Carl D. Perkins Vocational and Applied Technology Education Act, and the Rehabilitation Act of 1973. (Sec. 387) Renames the JTPA program as the Native American Block Grant program. Authorizes appropriations. Subtitle G: Migrant and Seasonal Farmworkers Employment, Training, and Education Block Grant Program - Amends JTPA title IV part A migrant and seasonal farmworker programs to require their being designed to help such farmworkers complete a secondary education and begin and successfully complete the first year of postsecondary education. (Sec. 392) Makes available for the JTPA farmworker block grant program unobligated or unexpended funds under the specified provisions repealed under other Acts in the following section. (Sec. 393) Repeals: (1) special programs for students whose families are engaged in migrant and seasonal farmwork, under the Higher Education Act of 1965; and (2) the adult migrant farmworker and immigrant education program, under the Adult Education Act. (Sec. 394) Renames the JTPA program as the Migrant and Seasonal Farmworker Block Grant program. Authorizes appropriations. Title IV: Miscellaneous Provisions - Amends JTPA to revise and rename State education coordination and grants provisions as State workforce preparation and development coordination and innovation grants. Requires program coordination and linkages with specified other JTPA programs and with the Elementary and Secondary Education Act of 1965, Carl D. Perkins Vocational and Applied Technology Act, Individuals with Disabilities Education Act, Adult Education Act, JOBS program, Goals 2000: Educate America Act, School-to-Work Opportunities Act of 1994, and National and Community Service Act of 1990. (Sec. 402) Amends the Wagner-Peyser Act to require the local employment service office to participate in the operation of the community job resource centers established under this Act based on the plan developed by the Local Board. Allows such offices to apply to be designated as such centers. Repeals specified provisions under the Food Stamp Act of 1977, Immigration Reform and Control Act of 1986, Domestic Volunteer Service Act of 1973, Internal Revenue Code, Higher Education Act of 1965, and Appalachian Regional Development Act of 1965. Title V: Effective Dates and Transition - Sets forth effective dates and transition provisions.
Bill· HRH.R. 4385 (103rd)open
United States · United States Congress · 11 May 1994
TABLE OF CONTENTS: Title I: National Highway System Designation and Other Provisions Title II: Technical Corrections to ISTEA and Related Laws National Highway System Designation Act of 1994 - Title I: National Highway System Designation and Other Provisions - Designates the National Highway System (NHS) as submitted by the Secretary of Transportation. Authorizes the Secretary to submit for approval to specified congressional committees proposed modifications to the NHS. Specifies that a modification may only take effect if a law has been enacted approving such modification. Requires the Secretary to submit proposed modifications, including a list and description of additions to the NHS consisting of: (1) connections to major ports, airports, international border crossings, public transportation and transit facilities, interstate bus terminals, rail, and other intermodal transportation facilities; and (2) any Congressional High Priority Corridor established by the Intermodal Surface Transportation Efficiency Act of 1991 (ISTEA) which was not identified on the designated NHS, subject to the completion of feasibility studies. Directs the Secretary to submit to the Congress a proposal for a comprehensive National Transportation System using the NHS as the backbone for establishing such System. (Sec. 102) Freezes funding allocations under the Congestion Mitigation and Air Quality Improvement Program at the FY 1994 levels for the remaining three years of ISTEA. Authorizes a State to obligate funds apportioned to it for such programs only for specified transportation projects or programs determined by the Secretary to be likely to contribute to the attainment of a national ambient air quality standard (as under current law) or maintenance, subject to specified requirements. (Sec. 103) Directs the Secretary to establish a program to require States to conduct an analysis of the life-cycle costs of, and carry out a value engineering analysis for, all projects on the NHS. Requires all Federal aid contracts to contain provisions that require the contractor to guarantee and warrant his or her obligations under the contract. (Sec. 104) Requires that: (1) contracts or subcontracts for engineering and design services be performed and audited in compliance with cost principles contained in Federal acquisition regulations; and (2) the recipients of Federal funds accept indirect cost rates established in accordance with such regulations for one year applicable accounting periods by a Government agency or independent certified public accountant if such rates are not currently under dispute. Makes such provisions inapplicable if a State adopts by statute an alternative process intended to promote engineering and design quality and ensure maximum competition by professional companies of all sizes providing engineering and design services. (Sec. 105) Directs the Secretary to carry out education, research, development, and technology transfer activities to promote the safe operation and maintenance of commercial motor vehicles in interstate commerce, by making grants to and entering cooperative agreements with: (1) a not-for-profit membership organization that has been engaged exclusively in truck-related research and education since 1985; and (2) not-for-profit organizations engaged in commercial motor vehicle safety research. (Sec. 106) Repeals a provision of the Federal-Aid-Highway Act of 1956 prohibiting the amount of certain costs from including the portion of the project between High Street and Causeway Street (thus making such section of the Boston Central Artery eligible for Interstate Construction funds). (Sec. 107) Revises ISTEA provisions regarding the Wisconsin substitute project to provide that, upon approval of a substitute project or projects (project): (1) the costs of construction of the eligible transitway project for which such project is substituted shall not be eligible for specified authorized funds under the Federal-Aid Highway Act of 1956; and (2) a sum equal to the amount that would have been apportioned to the State of Wisconsin on October 1, 1994, under Federal highway provisions if the Secretary had not approved such project shall be available to the Secretary from the Highway Trust Fund (HTF) to incur obligations for the Federal share of the costs of such substitute project. Amends the Federal-Aid Highway Act of 1956 to reduce the interstate construction authorization by a specified amount made available under ISTEA for the FY ending September 30, 1996. (Sec. 108) Amends ISTEA to require that: (1) technology transfer activities and training programs with respect to the use of recycled paving material be initiated without delay and include all eligible uses of recycled rubber, alternative applications, and other materials, focusing on achieving the best performance results for all eligible uses; and (2) each State annually certify its progress in its waste tire abatement program. Sets forth provisions regarding: (1) placing apportionments withheld from a State by the Secretary in escrow pending satisfaction of minimum utilization requirements; (2) a sunset provision for availability of such apportionments; and (3) exemption from certain requirements where a State has implemented a documented waste tire abatement program that will result in the elimination of tire stockpiles by 1997. Authorizes a State for any year to meet up to half of the minimum utilization requirement by using an equivalent amount of recycled rubber for alternative applications, other than making asphalt pavement, if the State certifies that such alternative application does not present a threat to safety, human health, or the environment and it is demonstrated that such applications provide equal or enhanced engineering benefits. Directs the Secretary to issue guidelines regarding compliance with alternative applications. (Sec. 109) Directs the Secretary to: (1) annually review, and provide to State and local governments, information and recommendations concerning safety practices that can enhance safety at highway construction sites; and (2) develop within the program a process for assuring that for each project there will be a person trained and certified with responsibility and authority for assuring that the provisions of the traffic control plan and other safety aspects of the work zone are effectively administered. (Sec. 110) Authorizes the Secretary to carry out specified construction and reconstruction projects in Minnesota and Pennsylvania. Authorizes specified sums to be appropriated out of the HTF for FY 1995 for such projects. Sets forth provisions regarding the Federal share of project costs, delegation of responsibility for construction to States, and advance construction. (Sec. 111) Rescinds specified unobligated balances on September 30, 1994. (Sec. 112) Authorizes the Secretary to carry out, and authorizes sums to be appropriated for FY 1995 through 1997 for, 268 specified listed projects in various States. Sets forth provisions regarding allocation percentages for HTF funds, an appropriations cap, the Federal share of costs, delegation of construction responsibility to the States, and advance construction. (Sec. 113) Directs the Secretary to conduct a research study to develop and evaluate radio and microwave technology for furtherance of safety in commercial and other motor vehicles, including development of equipment directed toward warning drivers of highway obstructions or limited visibility conditions caused by snow, rain, fog, or dust. (Sec. 114) Authorizes appropriations for the Secretary to enter into an agreement to make a line of credit available to the public entity or entities with the statutory authority to construct public toll roads in Orange County, California, subject to specified limitations. (Sec. 115) Makes specified funds available for costs of a project to reduce rail-highway conflicts on M-59 near Pontiac, Michigan, and a project on Bristol Road near Flint, Michigan, and to improve and upgrade Maple Road at Bishop Airport, Michigan. (Sec. 116) Directs the Secretary to: (1) require, as a matter of the highest priority, completion of all remaining studies associated with a project authorized by the Surface Transportation and Uniform Relocation Assistance Act of 1987, to construct the New River Parkway, West Virginia; and (2) make grants to the Secretary of the Interior for the planning, design, and construction of a visitors center and related facilities to facilities visitor understanding and enjoyment of resources accessible by such parkway. Makes specified sums available for such purposes. (Sec. 117) Revises the National Recreational Trails Program. Makes a State eligible to receive moneys under the program only if the State agrees to provide 20 percent of program costs in the sixth year of the program. Prohibits the use of more than three percent of the expenditures annually from the National Recreational Trails Trust Fund to pay to the Secretary certain administrative costs, including the cost of contracting for services with other land management agencies, except with respect to the cost of conducting a one-time national survey. Permits a State to apply to the Secretary for an exemption from requirements for distribution of Federal Trails Program funds between motorized and non-motorized uses. Authorizes appropriations. (Sec. 118) Directs the Secretary to make grants to the State of West Virginia for the purpose of erecting signs or other information devices along public roads relating to the coal heritage of southern West Virginia. (Sec. 119) Amends the Federal Transit Act to provide that transit operators providing service in urbanized areas with populations under 200,000 shall not be subject to a limitation on their formula apportionment which may be used for operating assistance. (Sec. 120) Revises provisions regarding amounts that States must expend on intercity bus transportation. Permits the purchase of accessibility devices. Requires the Secretary to make to operators of intercity bus transportation systems specified capital grants to support such systems, including the purchase of accessibility devices. Specifies that the Federal grant for the project shall be 80 percent of the net project cost, but 90 percent for accessibility devices. (Sec. 121) Repeals previous authorizations for the Long Beach Metro Link Fixed Rail Project and the Honolulu Rapid Transit Project. (Sec. 122) Converts previous ISTEA transit authorizations to lump-sum, no-year authorizations. Authorizes funding for various listed projects around the country under ISTEA and the Federal Transit Act. Title II: Technical Corrections to ISTEA and Related Laws - Amends title 23 of the United States Code and ISTEA to revise and make technical corrections to provisions regarding: (1) changing the name of the Interstate and Defense Highway System to the Dwight D. Eisenhower System of Interstate and Defense Highways; (2) Federal aid-highway systems; (3) State highway apportionments; (4) rights-of-way; (5) the Federal share of costs for transportation planning; (6) waiver of axle weight limitations for certain vehicles using the Dwight D. Eisenhower System of Interstate and Defense Highways and certain State highways; (7) toll roads and rail-highway crossings; (8) metropolitan planning organizations; (9) the discretionary highway bridge replacement and rehabilitation program; (10) penalties for non-use of safety belts and motorcycle helmets; (11) national maximum speed limit requirements with respect to highway fund apportionments; (12) a national minimum drinking age; (13) revocation of drivers' licenses of individuals convicted of drug offenses; (14) the Federal lands highway program; (15) bicycle transportation and pedestrian walkways; (16) State highway research and planning; (17) the international highway transportation outreach program; (18) highway safety programs; (19) State alcohol-impaired driving countermeasures; (20) certain high cost bridge, congestion relief, high priority corridor, rural access, urban access and mobility, innovative, and intermodal projects; (21) the disadvantaged business enterprise program; (22) freeway service patrols; and (23) the Pan American highway. (Sec. 263) Amends the Federal Transit Act with respect to various Federal transit programs, including: (1) metropolitan planning; (2) transit security systems; (3) contracting for engineering and design services; (4) planning and research programs; and (5) an increased Federal share of costs for transportation construction projects in States with large areas of Indian and public domain lands and national forests. (Sec. 282) Authorizes the Secretary to enter into cooperative agreements and contracts with non-Federal entities for operational tests relating to intelligent vehicle-highway systems.
Bill· HRH.R. 4384 (103rd)referred
United States · United States Congress · 11 May 1994
Educational Quality Index Act of 1994 - Amends the Higher Education Act of 1965 to substitute evaluations of educational quality for cohort default rates in eligibility determinations for proprietary institutions of higher education under the Federal student loan insurance program of the Federal Family Education Loan Program (guaranteed student loans). Revises program integrity reviews provisions to include such educational quality index for proprietary institutions.
Bill· HRH.R. 4395 (103rd)referred
United States · United States Congress · 11 May 1994
Amends the Individuals with Disabilities Education Act to make inapplicable with respect to disciplinary proceedings for possession of firearms the requirement regarding the continued educational placement of children with disabilities in public schools during the pendency of certain proceedings.
Bill· HJRESH.J.Res. 366 (103rd)referred
United States · United States Congress · 11 May 1994
Designates October 16 through 22, 1994, as National Character Counts Week.
Bill· SS. 2093 (103rd)open
United States · United States Congress · 10 May 1994
TABLE OF CONTENTS: Title I: Water Program Funding Title II: Toxic Pollution Prevention and Control Title III: Nonpoint Pollution Control and Watershed Planning Title IV: Municipal Pollution Control Title V: Permit Program and Enforcement Title VI: Program Management Title VII: Wetlands Title VIII: Coastal Protection Title IX: Innovative Technology Title X: Interstate Water Quality Programs Water Pollution Prevention and Control Act of 1994 - Title I: Water Program Funding - Amends the Federal Water Pollution Control Act to expand the list of projects for which State water pollution control revolving fund monies are available. (Sec. 101) Authorizes States to: (1) reduce amounts required for matching contributions to capitalization grants for water pollution control revolving funds by an amount equal to the amount of technical assistance provided to publicly owned treatment works or subsurface sewage disposal systems that serve 10,000 or fewer individuals; and (2) forgive an amount of loan principal for disadvantaged communities with respect to loans for water pollution control activities. Revises the allotment formula for revolving funds and extends the authorization of appropriations for such funds through FY 2000. Increases amounts authorized to be appropriated for FY 1996 through 2000 subject to certain on-budget deficit estimates. Reserves funds for a grant to implement a plan for the elimination of discharges to Onondaga Lake, New York. (Sec. 102) Extends the authorization of appropriations for specified pollution control programs through FY 2000. Title II: Toxic Pollution Prevention and Control - Adds to the list of requirements for effluent limitation guidelines that the Administrator: (1) in determining the best practicable control technology and best measures available, give highest priority to source reduction measures; (2) identify control measures to limit the release of pollutants associated with wastewater to other environmental media; and (3) prohibit specific control measures that are likely to have a significant adverse effect on any environmental medium. (Sec. 201) Revises provisions concerning pretreatment standards to require the Administrator to promulgate pretreatment standards for the introduction of pollutants (currently, pollutants which are not susceptible to treatment or would interfere with the operation of the treatment works) into publicly owned treatment works. (Sec. 202) Directs the Administrator to publish a water quality criteria plan every five years. Requires the initial plan to contain at least eight sediment quality criteria. Directs the Administrator to: (1) require pesticide registrants to provide information sufficient to publish criteria unless the pesticide will not enter water in more than de minimis amounts; and (2) ensure that information necessary to publish criteria for chemical substances that are the subject of a premanufacture notice pursuant to the Toxic Substances Control Act is submitted unless certain conditions are met. Requires the Administrator to publish guidance concerning contaminant levels in finfish and shellfish for use by States in the issuance of finfish and shellfish consumption advisories to protect recreational and subsistence fishers. Prohibits sediment quality criteria published under this Act from being: (1) used as a standard for determining appropriate cleanup levels or for whether cleanup should be undertaken; or (2) deemed an applicable requirement for remediation unless the Administrator determines criteria appropriate for such use. Requires States to report triennially to the Administrator on the designated uses of waters. Deems all waters for which a use has not been designated to be designated as fishable and swimmable, unless a State establishes an alternative use. Directs States to adopt pollutant specific standards for any pollutant for which criteria are published if the discharge of such pollutant could interfere with designated water uses. Requires States to implement antidegradation policies. Directs States to implement programs to protect outstanding national resource waters. Requires permitting authorities to conduct antidegradation reviews for a water prior to issuing a permit to a point source authorizing any new or expanded discharge of a pollutant. (Sec. 203) Directs the Administrator to review and revise the list of toxic pollutants subject to this Act at least every five years. Authorizes persons to petition the Administrator to establish effluent standards. Requires the Administrator to offer to enter into arrangements with the National Academy of Sciences to study the effects of pollution found in navigable waters on the development of aquatic life, wildlife, or humans. Directs the Administrator to: (1) publish a list of substances anticipated to cause significant and widespread adverse effects on the development of aquatic life, wildlife, or humans; (2) publish a comprehensive strategy to control, prevent, and remediate water pollution or sediment contamination associated with listed substances; and (3) report to specified congressional committees on an estimate of the costs and benefits of each action proposed under the strategy. (Sec. 204) Authorizes the Administrator to impose pretreatment requirements on industrial users that introduce pollutants into publicly owned treatment works. Prohibits the introduction of hazardous wastes into publicly owned treatment works unless certain conditions are met. Directs the Administrator to publish guidance for: (1) toxic reduction action plans (one of the conditions to be met if introducing hazardous wastes) to be implemented by certain commercial users that are not subject to categorical pretreatment standards and that introduce toxic pollutants or hazardous wastes into treatment works; and (2) technical assistance to small communities to assist in minimizing the introduction of toxic pollutants and hazardous wastes from commercial sources into treatment works. Requires the Administrator to promulgate regulations revising the definition and applicability of certain local limits under Federal regulations as may be necessary to protect health and the environment with respect to hazardous wastes discharged to publicly owned treatment works. Requires revised limits to address all points from which hazardous wastes may be released from a treatment works to the environment. Directs the Administrator to study and report to the Congress on actual discharges of hazardous wastes to treatment works to determine quantities, the sources of the discharges, the releases from various release points, and resulting threats to health and the environment. Authorizes appropriations. Authorizes a publicly owned treatment works to apply to the Administrator for the designation of the treatment works as a publicly owned industrial treatment works. Provides for approval of the application if: (1) greater than 75 percent of the wastewater received is from one or more industrial sources; (2) the works was specifically designed to treat pollutants associated with such sources; (3) the works consistently complies with applicable effluent limitations that are as stringent as those that would apply if the works were an industrial facility; (4) sludge from the works meets requirements for beneficial reuse; and (5) the works has imposed controls on all pollutants received from such sources as necessary to protect health and the environment. (Sec. 205) Amends the Pollution Prevention Act of 1990 to require facilities that are subject to toxic chemical release reporting requirements under the Emergency Planning and Community Right-To-Know Act of 1986 and whose reports total releases and transfers of toxic chemicals in excess of 200,000 pounds annually to prepare pollution prevention plans. Deems small businesses to be in compliance with such requirement if they retain a pollution prevention opportunities assessment manual and checklist. Requires facilities to include pollution prevention progress reports with each annual filing of toxic chemical release reports. Directs the Administrator to: (1) establish an integrated pollution prevention information network; (2) develop industry-specific pollution prevention opportunities assessment manuals and checklists for industrial categories with respect to which the lack of information is an impediment to pollution prevention by small businesses; and (3) establish a program to promote local voluntary programs to prevent pollution and promote energy conservation. (Sec. 206) Requires the Administrator to establish an integrated| permit pilot program at up to ten demonstration sites that: (1) combines all applicable Federal environmental requirements (with exceptions) into a single integrated permit; and (2) provides the sites the opportunity to demonstrate innovative and alternative methods of compliance with such requirements. Permits the Administrator, with the consent of the State in which a demonstration site is located, to temporarily waive Federal environmental statutory and regulatory requirements (with exceptions, including limitations of emissions) for such sites. Authorizes the Administrator to provide technical assistance grants to applicant organizations and local communities in the vicinity of demonstration sites. Requires demonstration projects to terminate within ten years of this Act's enactment. Authorizes appropriations. Title III: Nonpoint Pollution Control and Watershed Planning - Requires States to conduct and report to the Administrator on programs to monitor the quality of navigable waters and aquatic sediment. (Sec. 301) Establishes the Intergovernmental Task Force on Monitoring Water Quality to coordinate Federal and State water and sediment quality monitoring programs. (Sec. 302) Revises provisions concerning State assessments of nonpoint source pollution. Requires States to submit to the Administrator every five years a list of navigable waters that cannot, without additional action to control nonpoint source pollution, be anticipated to attain or maintain: (1) water and sediment quality standards; and (2) in the case of a parameter with respect to which no water or sediment quality standard is in effect, water and sediment quality that supports the designated use. Authorizes States to include within such list other waters that are: (1) threatened with impairment; (2) outstanding national resource waters; or (3) groundwater threatened with nonpoint source pollution. Requires States to delineate land areas of the watersheds of listed waters. Revises requirements for State nonpoint source management programs. Requires such programs to be submitted for approval every five years. Authorizes States to select alternative management practices that are not identified in the national program guidance if such practices are as effective in controlling nonpoint source pollution. Permits alternative requirements with respect to specific sources with the Administrator's approval and subject to other conditions. Considers approved coastal nonpoint pollution control programs to meet the requirements for such programs. Requires the Administrator to implement programs for States that fail to do so. Directs the Administrator to publish guidance for nonpoint source management programs, taking into account certain regional variations and land and water management practices. Authorizes the Administrator to list new sources in the guidance if they are likely to contribute to pollution preventing the attainment of water or sediment quality standards. Authorizes sources located in watershed areas of listed waters to implement site-specific water quality plans in lieu of management measures outlined in the national guidance. Provides that certain existing plans implemented under conservation compliance and agricultural water protection programs under the Food Security Act of 1985 satisfy site-specific plan requirements subject to certain conditions. Requires the Administrator to establish a formula for the allocation of sums based on certain factors related to nonpoint source pollution. Sets forth limitations on funding. Withholds up to 50 percent of funds from States that fail to implement nonpoint source programs. Authorizes (current law requires) the Administrator to make grants to States for groundwater protection activities that will advance nonpoint source pollution control. Extends the authorization to carry out nonpoint source programs through FY 2000. Authorizes the Administrator to make grants: (1) for certain education and outreach activities regarding nonpoint pollution source control; and (2) to the CleanMarina Program to support the reduction of pollution from marina facilities and recreational boating activities. Authorizes appropriations. Provides for the implementation of nonpoint source water pollution control measures on Federal lands and for the prevention of water pollution resulting from highway construction. Directs the Administrator to review and approve each plan for the construction of an animal waste management facility. Authorizes the Administrator to provide technical assistance and education concerning the design of such facilities. Requires the Administrator to publish guidelines for the design, operation, and management of publicly owned subsurface sewage organizations. (Sec. 303) Authorizes State Governors to designate waters and associated land areas as watershed management units. Makes certain watershed planning activities eligible for assistance. Authorizes State Governors to submit watershed management plans to the Administrator for approval. Makes approved plan activities eligible for Federal assistance. Provides for extensions of discharge permits in watershed planning units, subject to certain conditions. Title IV: Municipal Pollution Control - Requires permits issued for discharges from combined storm and sanitary sewers to conform with combined sewer overflow control policy under Federal regulations published by the Administrator in January 1993. (Sec. 401) Authorizes the issuance of permits for compliance with a long-term control plan for a term of up to 15 years. (Sec. 402) Applies permit requirements to stormwater discharges associated with commercial activity. Exempts sources of discharges composed entirely of stormwater from municipal storm sewer systems, with certain exceptions, from permit requirements (currently, such exemption is only available prior to October 1, 1994). Provides that permits issued for discharges from municipal storm sewers composed entirely of stormwater shall not require compliance with numeric effluent limitations and water quality standards shall not be applied as effluent limitations. Authorizes the Administrator to issue a consolidated permit for discharges from a storm sewer system owned by a municipality and the stormwater discharges from industrial or commercial sources owned by the same municipality. Requires the Administrator to establish permit requirements for stormwater discharges from commercial and light industrial sources. Directs the Administrator to list each municipal storm sewer system the discharge from which is the sole or principal cause for the failure of receiving waters affected by the discharge to achieve a designated use or other water quality standard. Requires such systems to obtain discharge permits. Requires a revised list at least every five years. Authorizes the Administrator to exempt certain commercial and light industrial stormwater discharges from permit requirements. (Sec. 403) Requires EPA to be the primary coordinator for all Federal policies related to municipal, commercial, residential, and industrial water conservation. Authorizes the Secretary of the Army, acting through the Army Corps of Engineers, to provide technical assistance and take specified actions to encourage water conservation. Directs the Secretary to establish a national clearinghouse on water conservation. Authorizes appropriations. Title V: Permit Program and Enforcement - Requires fees for discharge permits to be used for point source elements of the water quality program and sewage sludge use and disposal and pretreatment programs. Establishes a Federal Water Pollution Control Permit Fund. (Sec. 502) Requires a permit applicant, in the case of a new discharge resulting from facility construction, to apply for a permit prior to the commencement of construction. Modifies permit application requirements. (Sec. 503) Revises enforcement and penalty provisions. Title VI: Program Management - Requires the Administrator to conduct research with respect to the harmful effects on the health and habitat of fish, shellfish, and wildlife caused by water pollutants. (Sec. 601) Authorizes appropriations for research programs. (Sec. 603) Establishes employee protection provisions to apply to cases where employees refuse to perform duties that would constitute violations of the Clean Water Act. (Sec. 606) Increases the amount required to be reserved for assistance to Indian tribes for the construction of treatment works and nonpoint source pollution control programs. Permits State revolving funds to be used for assistance to Indian tribes. Requires the Administrator to issue permits for discharges to navigable waters on Federal Indian reservations unless the Indian tribe has been delegated permit issuance authority. (Sec. 607) Requires the Administrator to establish a national water quality education program as well as specified volunteer awards programs related to water pollution control. (Sec. 608) Directs the Administrator to establish: (1) an Arid West Water Quality Research Project; and (2) an Arid West Water Quality Research Board. Requires the project to: (1) be located at the EPA monitoring laboratory in Las Vegas, Nevada; (2) develop data for water quality criteria documents for species and environments appropriate for ephemeral and effluent-dependent streams; and (3) conduct additional research. Authorizes appropriations. Requires the Administrator to convene a working group to: (1) recommend revisions to methodology used to develop water quality criteria to include criteria appropriate for ephemeral and effluent-dependent streams; and (2) make recommendations for additional scientific research and other information needed for the development of water quality criteria that can be adapted by States to reflect special regional and site-specific characteristics, especially with respect to the arid West. Direct the Administrator to: (1) revise such methodology in accordance with the recommendations; and (2) publish at least two criteria documents addressing such streams. Requires the Administrator to promote the environmentally beneficial use of reclaimed water and the development of appropriate water quality criteria and standards for ephemeral and effluent-dependent streams: (1) that have a limited ability to maintain traditional water resources; and (2) with respect to which the discharge of reclaimed water to otherwise arid or semiarid environments can also support limited aquatic and riparian habitat that would otherwise not exist. Authorizes States to establish an alternative use for ephemeral and effluent-dependent streams if such streams cannot attain current designated uses because of natural, ephemeral, intermittent, or low flow conditions or water levels. Permits revised or new interim water quality criteria for such streams. (Sec. 610) Directs the Secretary of the Army, acting through the Army Corps of Engineers, to establish a grant program to provide assistance to States and political subdivisions for the construction of environmental education facilities. Requires facilities to be used to enhance public awareness of the importance of aquatic, marine, and other natural resources and to serve as a clearinghouse. Authorizes appropriations. (Sec. 611) Requires certain water pollution control plans prepared by States, localities, and other nonfederal entities pursuant to the Clean Water Act to evaluate the acquisition of lands or interests as a means of meeting the goals of such plans. Permits the use of funding under the Clean Water Act for such acquisitions if: (1) the lands or interests are acquired from willing sellers and held in perpetuity in public ownership; and (2) the plan finds the acquisition to be effective and appropriate. Makes acquired lands available for public recreational purposes to the extent possible considering the environmental sensitivity and suitability of the lands. (Sec. 612) Directs the Administrator to establish: (1) an Environmental Financial Advisory Board to provide expert advice on issues affecting the costs and financing of environmental activities at the Federal, State, and local levels; and (2) Environmental Finance Centers in each of the ten Federal regions. Authorizes the Centers to: (1) provide training of State and local officials; (2) publish materials relating to financing of environmental infrastructure; (3) conduct conferences and advisory panels on specific environmental finance issues; (4) establish information services; (5) generate case studies and reports; (6) develop surveys of financial issues and needs of State and local governments; (7) identify financial programs and alternative financing mechanisms for training purposes; (8) hold public meetings; and (9) collaborate and exchange information. Authorizes appropriations. (Sec. 613) Directs the Administrator to: (1) conduct a comprehensive research program concerning U.S. lakes; and (2) appoint a Lake Research Advisory Committee. Requires States to designate the use of each publicly-owned lake consistent with the following uses: (1) public drinking water supply; (2) swimming and related body contact recreation; and (3) resource protection. Directs the Administrator to publish: (1) water quality criteria for freshwater lakes; and (2) guidance to assist States in the adoption of lake water quality standards for contaminants for which criteria documents have been published. Extends the authorization of appropriations for the clean lakes program through FY 2000. Revises requirements for lake water quality demonstration programs. Adds to the priority list for such programs China Lake, Maine, Flathead Lake, Montana, and Candlewood Lake, Connecticut. Requires the Administrator to report to the Congress on phosphates in detergent products. Directs the Administrator to implement a national education program on lake quality and protection. Provides for a Lake Watch Program and a Lake Watch Award. Amends the Nonindigenous Aquatic Nuisance Prevention and Control Act of 1990 to require the Aquatic Nuisance Species Task Force to undertake a program to prevent the dissemination of Eurasian Milfoil (Myriophyllum Spicatum), a type of aquatic weed. Amends the Federal criminal code to prohibit the importation of such species into the United States. (Sec. 614) Applies certain Federal wage standards to contract employees working on projects (currently, treatment works) financed under the Clean Water Act. (Sec. 615) Requires the Administrator to consult with any Federal agency having jurisdiction over food processing activities prior to the promulgation of any requirements for an effluent guideline, new source performance standard, pretreatment standard, process change, or use restriction which will affect food processing activities to ensure that the guideline, standard, change, or restriction will not adversely affect food safety or the integrity and wholesomeness of a food product. (Sec. 616) Revises provisions concerning training grants and contracts to require the Administrator to implement a national program to train individuals in the operation of municipal and industrial wastewater treatment works and other water pollution control facilities. Provides for grants to institutions of higher education and State agencies to support such programs. Requires chief operators of publicly owned treatment works that have discharge permits and such additional personnel as may be designated by a State to be certified as proficient. Directs the Administrator to issue certification guidelines. Authorizes appropriations for training and scholarship programs. Title VII: Wetlands - Prohibits the Administrator and the Secretary of the Army from taking private property for public |use without just compensation. (Sec. 702) Prohibits the issuance of revisions to or clarifications of the guidelines for identifying and delineating wetlands under the Clean Water Act until the National Academy of Sciences has completed a specified wetlands study. Provides for the continued use of the 1987 Corps of Engineers wetlands delineation manual until such guidelines are issued. Requires wetlands located on agricultural and associated nonagricultural lands to be delineated by the Secretary of Agriculture in accordance with a specified January 1994 memorandum. Directs the Secretary to delineate wetlands on rangelands using the 1987 manual. Authorizes the Administrator to issue guidelines to identify and delineate wetlands. Earmarks funding for: (1) wetlands delineation training programs; and (2) assistance to private landowners who lack financial capacity to identify or delineate wetlands in order to apply for dredge or fill permits or avoid impacts to wetlands. Provides for a public information program on Federal regulations, permitting requirements, and wetlands delineation. (Sec. 704) Sets forth permit decision deadlines and administrative appeal procedures, including procedures for landowners to appeal regulatory jurisdiction determinations. (Sec. 705) Authorizes the issuance of general permits on a State, regional, or nationwide basis for any category of activities involving discharges of dredge or fill material if the activities are similar in nature and will cause only minimal adverse environmental effects when performed separately and cumulatively. (Sec. 706) Exempts prior converted croplands and certain waters and activities from regulation under dredged and fill permit provisions. (Sec. 707) Provides for the establishment of mitigation banks (wetlands restoration projects that provide compensation credits to offset foreseeable wetlands losses from future discharges of dredged or fill material into navigable waters if compensatory mitigation is not practicable). (Sec. 710) Authorizes funding to States for wetlands conservation and watershed management planning. Requires the Administrator to carry out a wetlands and watershed management research program. Establishes a committee to coordinate Federal, State, and local government wetlands policies. Provides for the development of a National Cooperative Wetlands Restoration Strategy. Requires the Secretary of the Army and the Administrator to establish a wetlands restoration pilot program. (Sec. 711) Authorizes the Administrator to make grants to States to administer wetlands programs. Authorizes appropriations. Title VIII: Coastal Protection - Extends the authorization of appropriations for the national estuary program through FY 2000. Revises requirements for estuary management conferences and conservation plans and provisions regarding research and grants. Adds Charlotte Harbor, Florida, to the list of estuaries to be given priority consideration. (Sec. 802) Directs the Administrator to revise water quality for pathogens. Requires the Administrator to revise the aquatic life criteria for each pollutant with respect to which such criteria for freshwater have been published and revise such criteria to address aquatic life in marine waters. Directs each State with coastal recreation waters to adopt water quality standards for pathogens. Requires the Administrator to establish numeric water quality standards for marine waters that: (1) are not located within the jurisdiction of a State; and (2) are located within 200 miles seaward of the landward boundary of the territorial seas. (Sec. 803) Directs the Administrator to: (1) establish a national program to provide information, education, and technical assistance to owners of land bordering marine water; (2) establish the Ocean Watch Program to encourage nonprofit citizens groups to engage in activities to assess and protect marine and ocean waters; and (3) provide an annual Ocean Watch Award. (Sec. 804) Make it unlawful to discharge sewage: (1) into certain designated waters; and (2) that has not been treated by a marine sanitation device. Makes the construction of marine pumpout stations provided for in plans approved under the Clean Vessel Act of 1992 eligible for State revolving fund assistance. Makes it unlawful for the owner or operator of a marina that has a docking or mooring capacity for more than 500 vessels: (1) beginning on January 1, 2000, to fail to provide pumpout stations and waste reception facilities for marine sanitation devices unless a plan developed under the Clean Vessel Act of 1992 expressly waives such requirement; and (2) to fail to comply with a plan pursuant to such Act. Requires the Secretary of the department in which the Coast Guard is operating to carry out an information and education program to encourage compliance with marine sanitation device requirements and foster understanding concerning water quality and pollution prevention. Authorizes appropriations. (Sec. 805) Revises provisions concerning the issuance of permits with respect to ocean discharges. Prohibits permits for such discharges if: (1) a discharge may cause or contribute to the violation of water and sediment quality standards; or (2) discharge alternatives were not adequately evaluated. Directs the Administrator to: (1) biennially list marine waters that do not and are not likely to support the protection and propagation of fish, shellfish, and wildlife and allow for recreational activities in and on the waters; and (2) take actions to prevent the further degradation of water and sediment quality of a priority marine water. (Sec. 806) Authorizes the Secretary of the Army to provide financial assistance to local governments for the construction of facilities for the control of overflows from combined storm and sanitary sewers to marine waters. Authorizes appropriations. (Sec. 807) Directs the Administrator to publish regulations specifying methods to be used by States to monitor coastal recreation waters, during periods of use by the public, for compliance with standards. Requires notification of local governments and the public of water quality standards violations. Directs the Administrator to: (1) issue guidance on uniform assessment and monitoring procedures for floatable materials in coastal recreation waters; and (2) specify the conditions under which the presence of floatable materials constitutes a threat to public health and safety. Authorizes grants to States for carrying out such requirements. Authorizes appropriations. Provides for a research program to develop better indicators for detecting harmful bacteria and viruses in coastal recreation waters. Title IX: Innovative Technology - Requires the Administrator to establish a program to demonstrate practices, methods, technologies, or processes that may be effective in the prevention and control of sources of water pollution or aquatic habitat degradation or loss. Authorizes grants for such projects. Permits the Administrator, as part of such program, to: (1) enter into cooperative agreements with State permitting authorities and the managers of Federal facilities for the demonstration of innovative and alternative approaches for the prevention and control of point and nonpoint sources of water pollution at properties owned by the Federal Government; and (2) select proposals for funding agreements for projects to demonstrate comprehensive and innovative technologies for the prevention, control, or remediation of acid, metal-contaminated, or other mine water pollution that results from active, inactive, or abandoned hard rock mining operations. (Sec. 901) Authorizes appropriations. (Sec. 902) Authorizes the Administrator, with State consent, to temporarily waive permit limitations for certain point sources for purposes of encouraging the development and testing of certain innovative production or pollution prevention processes, pollution control technologies, or recycling methods. Limits waivers to 90 days and provides for extensions. (Sec. 903) Provides for limited waivers from national categorical pretreatment standards under certain conditions for facilities that apply innovative production or pollution prevention processes, pollution control technologies, or recycling methods. Limits waivers to 90 days and provides for extensions. (Sec. 904) Directs the Administrator to establish a program to verify, evaluate, and disseminate: (1) performance and cost information on technologies, processes, techniques, and management measures appropriate for controlling water pollution; and (2) information on the properties and toxicity of substitute chemicals. Requires the Administrator to establish and update a list of technologies and alternative chemicals verified under the program. Authorizes appropriations. (Sec. 905) Authorizes States to submit programs to assist small business sources of water pollution to the Administrator for approval. Requires the Administrator to establish a small business source assistance program within EPA. Title X: Interstate Water Quality Programs - Establishes a Gulf of Mexico Program to: (1) protect the coastal and marine waters and natural habitats of the Gulf; (2) protect human health and the food supply; and (3) ensure the recreational use of the Gulf in ways consistent with the economic well being of the region. (Sec. 1001) Establishes a Gulf of Mexico Commission to make recommendations to the President on Program goals. Provides for a Management and Restoration Plan for the Gulf. Requires the Commission to report to the Congress on the environmental quality of the Gulf and impact of Gulf environmental problems on economic conditions. Authorizes grants to Gulf States to further the implementation of the Plan. Authorizes appropriations. (Sec. 1002) Directs the Administrator to develop a Great Lakes testing manual that implements the national guidance for the disposal of sediment material into U.S. waters. Requires the Administrator to report to the Congress on the general condition of Confined Disposal Facilities (CDFs) located in the Great Lakes basin and to identify each facility that is causing or is at risk of causing an exceedance of water or sediment quality standards or interfering with protection of designated uses. Directs the Administrator to publish a ranking of at least 15 priority harbors within the Great Lakes system for development of long-term sediment management strategies for harbor maintenance. Makes it unlawful, with respect to such harbors, to discharge sediment dredged from the harbors at any location in the open waters of the Great Lakes or any CDF or to establish, expand, or modify any CDF that receives sediment from the harbors unless specified conditions are met. Requires the Administrator and the Secretary of the Army to jointly issue guidelines for the development of sediment management strategies for such harbors. Provides for sediment management working groups for each site subject to routine navigational dredging. Requires all dredging and disposal operations to be consistent with such strategies. Directs the Secretary to: (1) develop tributary sediment models for each major river system that deposits sediment into a Great Lakes federally authorized commercial harbor, channel harbor, channel maintenance project site, or area of concern; (2) develop an analytical method to project the effectiveness of sediment source reduction approaches; and (3) use such method to conduct sediment load reduction analyses to estimate the effectiveness of such approaches. Authorizes appropriations. Directs the Great Lakes National Program Office to conduct demonstration projects of promising technologies to remedy contaminated sediments. Replaces provisions concerning the Great Lakes Research Office to establish a Great Lakes Research Council. Revises provisions regarding Lakewide Management Plans to require the Administrator to publish the final plans for: (1) Lake Michigan and Lake Superior by January 1, 1995; and (2) Lake Erie, Lake Huron, and Lake Ontario by January 1, 1998. Raises the ceiling on, and extends the authorization of, appropriations for a health research report regarding the Great Lakes. Directs the Administrator to seek the cooperation of Canada in developing a binational program to restore and protect water and sediment quality within the watershed area of Lake Superior. Extends the authorization of appropriations for the Great Lakes program through FY 2000. (Sec. 1003) Directs the Administrator of the Environmental Protection Agency to: (1) continue the Chesapeake Bay Program; and (2) maintain a Chesapeake Bay Program Office. Establishes a Chesapeake Bay Federal Agencies Committee to coordinate Federal activities relating to the restoration of the Bay. Requires Federal agencies to report to the President on activities planned and undertaken, and resources provided, to meet responsibilities under the Program. Directs Federal agencies that own or operate facilities within the Bay watershed to assess the facilities to ensure compliance with the Program and include a plan for addressing such impacts in the report to the President. Requires the Administrator to establish a habitat restoration program in the Chesapeake Bay watershed. Authorizes technical and financial assistance to public and nonprofit agencies to carry out such program. Directs the Administrator to develop a basinwide toxic reduction strategy, as well as research and monitoring to improve understanding of intermedia transfers of toxic pollutants and the ultimate fate of the pollutants within the Bay ecosystem. Authorizes financial assistance for specified activities. Extends the authorization of appropriations for the Program through FY 2000. (Sec. 1004) Requires the Administrator to continue the Clark Fork-Pend Oreille Watershed Program and to establish a Tri-State Implementation Council to implement the management plan developed for the Program. Authorizes appropriations. (Sec. 1005) Establishes a Gulf of Maine Council on the Marine Environment. Authorizes grants to the Council and to the St. Croix International Waterway Commission. Authorizes appropriations. (Sec. 1006) Directs the Administrator to establish a Mississippi River Program within EPA to carry out specified activities to protect and restore the Mississippi River. Establishes the Mississippi River Program Office. Requires the Administrator and the Director of the U.S. Fish and Wildlife Service to report on the environmental quality and and ecosystem health of the Mississippi River and the impact on economic viability, human health, and ecological health of plants and animals. Directs the Administrator to design a strategy for developing a monitoring program to assess the environmental quality of such ecosystem. Requires the Governors of the Mississippi River States, the Secretary of the Interior, and the Administrator to form a Mississippi River States Council to: (1) assist in collecting assessment and monitoring data; (2) ratify a Management, Protection, and Restoration Plan and (3) facilitate coordination on issues related to restoration of environmental quality. Authorizes grants for the development and implementation of the Plan. Authorizes appropriations. (Sec. 1007) Extends the authorization for, and raises the ceiling on, appropriations to implement the Long Island Sound program. Designates the Connecticut River and the watershed of such river in Vermont, New Hampshire, Massachusetts, and Connecticut as a multistate watershed. Requires the New England Interstate Water Pollution Commission to coordinate State and interstate management efforts. Authorizes appropriations. (Sec. 1008) Directs the Administrator to make grants to maintain the Narragansett Bay Project and to implement a comprehensive conservation and management plan. Authorizes grants to carry out the Project. Authorizes appropriations. (Sec. 1009) Requires the Administrator to establish an Executive Council of the San Francisco Bay-Delta Estuary Restoration Program to coordinate the Comprehensive Conservation and Management Plan. Authorizes appropriations. (Sec. 1010) Extends the authorization of appropriations for the Lake Champlain program.
Bill· SS. 2097 (103rd)referred
United States · United States Congress · 10 May 1994
Environmental Export Promotion Act of 1994 - Amends the Export Enhancement Act of 1988 to direct the Secretary of Commerce to establish the Environmental Technologies Trade Advisory Committee to advise and guide the Environmental Trade Promotion Working Group in the development and administration of programs to expand U.S. exports of environmental technologies, goods, and services. Requires the Working Group to assess annually which foreign countries have markets with the greatest potential for such exports, and select five of them as priority countries for the application of U.S. Government export promotion resources. Requires the Working Group to create annual plans for each priority country, detailing ways to increase U.S. environmental exports to such country. Directs the Secretary to assign a specialist in environmental technologies to the office of the United States and Foreign Commercial Service in each of the five priority countries, and authorize similar assignments in any countries that are promising markets for such exports. Specifies the duties of such specialists. Requires the Secretary to establish: (1) a mechanism to give environmental technology and international environmental marketplace training to Commercial Service Officers assigned to one-stop shops and to district offices in districts with large numbers of environmental businesses; and (2) ensure that such officers receive appropriate training under such mechanism. Directs the Trade Promotion Coordinating Committee (TPCC) to establish not less than one international regional environmental initiative to coordinate Federal activities to build environmental partnerships between the United States and the geographic region outside the United States for which such an initiative is established. Specifies TPCC activities in carrying out such initiative. Directs the Working Group to maintain an environmental technologies project advocacy calendar, updated quarterly, identifying and providing information on significant project opportunities for U.S. environmental businesses in foreign markets and trade promotion events. Authorizes the Secretary to provide matching funds for the establishment in the United States of regional environmental business and technology cooperation centers that will draw upon the expertise of the private sector, institutions of higher education, and existing Federal programs to provide export promotion assistance related to environmental technologies, goods, and services.
Bill· HRH.R. 4377 (103rd)referred
United States · United States Congress · 10 May 1994
TABLE OF CONTENTS: Title I: Tax Incentives Regarding Rural Health Care Title II: Public Health Service Programs Regarding Rural Health Care Subtitle A: National Health Service Corps Subtitle B: Other Programs Regarding Rural Health Care Title III: Provisions Relating to the Medicare Program Title IV: Treatment of Student Loans for Health Professionals Rural Health Professional Shortage Act of 1994 - Title I: Tax Incentives Regarding Rural Health Care - Amends the Internal Revenue Code to exclude from gross income any payment made on behalf of a taxpayer by the National Health Service Corps Loan Repayment Program. Permits a deduction for medical education loan interest incurred by health professionals serving in medically underserved rural areas. Provides a credit for a qualified primary health services provider providing primary health services full time to individuals residing in a rural health professional shortage area and who: (1) is not receiving a National Health Service Corps Scholarship or a loan repayment under the National Health Service Corps Loan Repayment Program; (2) is not fulfilling service obligations under such Programs; and (3) has not defaulted on such obligations. Provides for an increase in the amount which may be expensed as depreciable business assets in the case of rural health care property. Title II: Public Health Service Programs Regarding Rural Health Care - Amends the Public Health Service Act to add additional criteria for use in determining health professional shortage areas by including in the criteria the number of individuals paying for health services through Medicare or Medicaid and the number of individuals who have no health insurance, as well as the number of physicians who will accept Medicare and Medicaid patients. (Sec. 202) Requires that at least five percent of appropriations for the National Health Service Corps be used for special loans for former Corps members to enter private practice in health professional shortage areas. (Sec. 211) Provides increased funding for the Scholarship Program and the Loan Repayment Program. (Sec. 212) Directs the Secretary of Health and Human Services to give priority in making scholarships to individuals from rural backgrounds who are likely, after their service, to serve in a rural health professional shortage area. (Sec. 221) Establishes in the Treasury the Rural Primary Health Care Funds for the purpose of making loans to assist individuals with the costs of attending professions schools if the individuals agree to provide primary health services in an underserved rural area. Authorizes appropriations. (Sec. 231) Requires a State, in order for the State to receive a grant for an Office of Rural Health, to undertake activities to recruit and train physicians to serve in rural areas. Authorizes appropriations for such Offices. (Sec. 232) Authorizes and increases appropriations through FY 1997 for area health education center programs. Title III: Provisions Relating to the Medicare Program - Amends the Social Security Act to: (1) eliminate the geographic adjustment factor, beginning in 1999, with respect to payment amounts for physicians' services; (2) exempt rural hospitals from anti-kickback penalties for certain incentives provided to a physician, if the incentives are contingent upon the physician practicing in the area; and (3) extend the incentive payment for physicians' services furnished in a shortage area to certain nonphysician providers. Title IV: Treatment of Student Loans for Health Professionals - Amends the Higher Education Act of 1965 to defer certain student loan repayments for a borrower who is serving in an internship or residency program in a health facility located in a rural area.
Bill· HRH.R. 4370 (103rd)referred
United States · United States Congress · 10 May 1994
AIDS Cure Act - Requires the President to direct the Secretary of Health and Human Services to establish a project to develop a cure for acquired immune deficiency syndrome (AIDS). Prohibits the program from being administered by any officer or employee of the National Institutes of Health. Requires the Governing Council established in this Act to ensure that the project: (1) pursues comprehensive basic science investigations, based on diverse theories and schools of thought which elucidate the pathogenesis of AIDS; and (2) identifies, based on this work, all promising curatives and oversees their timely and adequate testing. Establishes a Governing Council to set policy and oversee research priorities, ethical standards, conflict of interest rules, and hiring of researchers and administrators. Establishes a coordinating committee to facilitate communication among the different scientists working on the project, evaluate the progress of its work, and convene the entire staff on a regular schedule (or when necessary) to evaluate the progress of the project as a whole, identify gaps in research, reevaluate its direction, and consider newly developed theories emanating from both within and outside the project. Requires the Secretary to convene a one-time national AIDS Congress solely to make recommendations to the President for selecting the Governing Council. Grants the Secretary extraordinary powers in carrying out such project, including the power to exercise the right of eminent domain to obtain samples of potential curatives and data on their development. Vests power in the Congress to reauthorize the project after five years of operation.
Law· SS. 2087 (103rd)enacted
United States · United States Congress · 6 May 1994
Extends (from May 8, 1994) to August 18, 1994, the effective date of certain nutrition labeling requirements of the Federal Food, Drug, and Cosmetic Act and the Nutrition Labeling and Education Act of 1990. Applies such extension to food products contained in a package for which the label was printed before April 1, 1994, if, before June 15, 1994, the person introducing or delivering the food product for introduction into interstate commerce certifies to the Secretary of Health and Human Services that such requirements will be complied with after August 18, 1994.
Record· NominationPN1364 (103rd)open
United States · United States Senate · 5 May 1994
Bill· SS. 2082 (103rd)open
United States · United States Congress · 5 May 1994
TABLE OF CONTENTS: Title I: Intelligence Activities Title II: Central Intelligence Agency Retirement and Disability System Title III: General Provisions Title IV: Central Intelligence Agency Title V: Department of Defense Title VI: Federal Bureau of Investigation Intelligence Authorization Act for Fiscal Year 1995 - Title I: Intelligence Activities - Authorizes appropriations for FY 1995 for the conduct of the intelligence activities of the: (1) Central Intelligence Agency (CIA); (2) Department of Defense (DOD); (3) Defense Intelligence Agency (DIA); (4) National Security Agency (NSA); (5) National Reconnaissance Office; (6) Departments of the Army, Navy, and Air Force; (7) Department of State; (8) Department of the Treasury; (9) Department of Energy; (10) Federal Bureau of Investigation (FBI); and (11) Central Imagery Office (established under this Act). (Sec. 102) Specifies that the amounts authorized to be appropriated and the authorized personnel ceilings as of September 30, 1995, for such conduct are those specified in the classified Schedule of Authorizations prepared by the conference committee to accompany S. 2082 of the 103d Congress. (Sec. 103) Permits the Director of Central Intelligence (DCI) to authorize the employment of civilian personnel in excess of the number authorized for FY 1995 if such action is necessary to the performance of important intelligence functions, subject to specified limitations. Directs the DCI to promptly notify the House and Senate intelligence committees whenever the DCI exercises such authority. (Sec. 104) Authorizes appropriations for the Community Management Account of the DCI for FY 1995, with funds for the Advanced Research and Development Committee and the Environmental Task Force remaining available until September 30, 1996. Authorizes 221 full-time personnel for the Account as of September 30, 1995. Requires any officer or employee of the United States or a member of the armed forces who is detailed to the Account from another element of the Government during FY 1995 to be detailed on a reimbursable basis, with exceptions. Title II: Central Intelligence Agency Retirement and Disability System - Authorizes appropriations for the Central Intelligence Agency Retirement and Disability Fund for FY 1995. Title III: General Provisions - Authorizes amounts to be appropriated in addition to sums authorized for salary, pay, retirement, and other benefits of Federal employees as necessary to cover increases in those benefits authorized by law for FY 1995. (Sec. 302) Specifies that the authorizations of appropriations contained in this Act do not constitute authority for the conduct of any intelligence activity which is not otherwise authorized by the Constitution or laws of the United States. (Sec. 303) Repeals a provision of the Intelligence Authorization Act for FY 1987 restricting intelligence cooperation with South Africa. (Sec. 304) Requires the DCI to submit to the intelligence committees a report setting forth a legislative proposal, coordinated as appropriate with elements of the intelligence community, which would provide for mandatory retirement for expiration of time in class comparable to provisions of the Foreign Service Act of 1980 for all civilian employees of the CIA, NSA, DIA, and the intelligence elements of the Army, Navy, Air Force, and Marine Corps. Title IV: Central Intelligence Agency - Amends the Central Intelligence Agency Act of 1949 to repeal a limitation on the payment of travel expenses and the cost of treatment of illness or injury requiring hospitalization of an officer or full time employee of the CIA where such illness or injury is the result of vicious habits, intemperance, or misconduct. (Sec. 402) Provides for the appointment by the President, by and with the advice and consent of the Senate, of a General Counsel of the CIA from civilian life to be the chief legal officer of the CIA. Title V: Department of Defense - Amends the National Security Act of 1947 to provide for a Central Imagery Office (Office) (currently, central imagery authority). Authorizes the Secretary of Defense to exercise certain authorities pertaining to civilian officers and employees in DIA with respect to such officers and employees of the Office. Specifies that: (1) civilian personnel administrative support for officers and employees of the Office shall remain a responsibility of DIA; and (2) certain authority provided regarding civilian officers and employees of the Office may be delegated by the Secretary of Defense only to the Deputy Secretary of Defense. (Sec. 502) Authorizes the Secretary of Defense to withhold from public disclosure any geodetic product in the possession or under the control of DOD that contains information that the Director of the Defense Mapping Agency has determined in writing would, if disclosed, jeopardize or interfere with ongoing military or intelligence operations. (Sec. 503) Authorizes the Secretary to expend specified funds to establish a National Public Information Center to: (1) survey, collect, store, distribute, and present unclassified information; (2) provide support for training in decisionmaking and for professional education in DOD and the intelligence community; and (3) inform more broadly the American public. Title VI: Federal Bureau of Investigation - Amends the Fair Credit Reporting Act to require a consumer reporting agency to furnish a consumer report to the FBI when presented with a written request signed by the Director of the FBI which certifies compliance with this title. Authorizes the Director to make such a certification only upon determining in writing that: (1) such records are necessary for the conduct of an authorized foreign counterintelligence investigation; and (2) there are specific and articulable facts giving reason to believe that the consumer is a foreign power or agent. Sets forth provisions regarding: (1) identifying information; (2) confidentiality; (3) payment of fees; (4) limits on dissemination; and (5) reporting requirements. Provides for damages and disciplinary actions for any Government agency or department obtaining or disclosing consumer information in violation of this Act. Makes remedies and sanctions under this title the only judicial remedies and sanctions for such violations. Authorizes injunctive relief. Authorizes recovery of costs in the event of a successful action.
Bill· SS. 2077 (103rd)referred
United States · United States Congress · 4 May 1994
Community Improvement Volunteer Act of 1994 - Provides for waivers of the prevailing-wage-setting requirements of the Davis-Bacon Act with respect to volunteers who perform services under the Library Services and Construction Act, the Indian Self-Determination and Education Assistance Act, or migrant health centers or community health centers provisions of the Public Health Service Act. Prohibits approval of any expense, benefit, or fee being paid to such volunteers which has the effect of undermining labor standards by creating downward pressure on prevailing wages in the local construction industry. Directs the Secretary of Labor to report to the appropriate congressional committees on such waivers for volunteers on such projects and make recommendations with respect to other Davis-Bacon-related Acts that could be addressed to permit volunteer work.
Bill· HRH.R. 4342 (103rd)referred
United States · United States Congress · 4 May 1994
Amends the Higher Education Act of 1965 to make Martin University of Indianapolis, Indiana, eligible for programs for strengthening historically Black colleges and universities.
Bill· HRH.R. 4341 (103rd)referred
United States · United States Congress · 4 May 1994
Amends the Higher Education Act of 1965 to qualify additional institutions for programs for strengthening historically Black colleges and universities. Makes eligible for such programs an institution in a State where no institution meets such program eligibility requirements if it meets all such requirements except that it was established during or after 1964 but prior to 1978.
Bill· SS. 2059 (103rd)referred
United States · United States Congress · 3 May 1994
TABLE OF CONTENTS: Title I: Procurement Subtitle A: Authorization of Appropriations Subtitle B: Other Matters Title II: Research, Development, Test, and Evaluation Title III: Operation and Maintenance Subtitle A: Authorization of Appropriations Subtitle B: Other Matters Title IV: Military Personnel Authorizations Subtitle A: Active Forces Subtitle B: Reserve Forces Subtitle C: Military Training Student Loads Title V: Military Personnel Policy Subtitle A: Officer Personnel Policy Subtitle B: Reserve Component Matters Subtitle C: Other Matters Title VI: Compensation and Other Personnel Benefits Subtitle A: Pay and Allowances Subtitle B: Retired Pay and Survivor Benefits Title VII: Health Care Provisions Subtitle A: Health Care Management Subtitle B: Personnel Matters Subtitle C: Other Matters Title VIII: Department of Defense Organization and Management Subtitle A: Department of Defense Subtitle B: Professional Military Education Subtitle C: Education Matters Subtitle D: Other Matters Title IX: General Provisions Subtitle A: Financial Matters Subtitle B: Civilian Employee Pay Matters Subtitle C: Other Matters Title X: Matters Relating to Allies, Other Nations, and International Organizations Title XI: Peacekeeping and Related Matters Title XII: Counterproliferation Title XIII: Acquisition Reform National Defense Authorization Act for Fiscal Year 1995 - Title I: Procurement - Subtitle A: Authorization of Appropriations - Authorizes appropriations for FY 1995 to the Army, Navy and Marine Corps, and Air Force for aircraft, missiles, weapons and tracked combat vehicles, ammunition, shipbuilding and conversion, and for other procurement. Authorizes appropriations for FY 1995 for: (1) defense-wide procurement; (2) the Defense Inspector General; (3) the Defense Health Program; and (4) the chemical demilitarization program. Subtitle B: Other Matters - Repeals the current requirement for a separate budget request for the procurement of reserve equipment. Title II: Research, Development, Test, and Evaluation - Authorizes appropriations for FY 1995 for the armed forces for research, development, test, and evaluation (R&D). Title III: Operation and Maintenance - Subtitle A: Authorization of Appropriations - Authorizes appropriations for FY 1995 for the armed forces and specified activities and agencies of the Department of Defense (DOD) for operation and maintenance. Authorizes appropriations for FY 1995 for DOD working capital and revolving funds. Repeals Federal provisions: (1) expressing certain limitations on the use of the Defense Business Operations Fund (Fund); and (2) relating to charges for goods and services provided through the Fund. Allows funds collected from the operation of the Naval Academy laundry to be used for expenses of such operation. Subtitle B: Other Matters - Revises the required date for submission to the Congress of a future-years mission budget of DOD from the date of submission of the President's budget to within 60 days of such date. (Sec. 312) Authorizes the Secretary of Defense to waive the live-fire survivability testing of F-22 aircraft if such testing would be unreasonably expensive or impractical, as long as he certifies such to the Congress. (Sec. 313) Deletes certain information required with respect to a report on the ballistic missile defense mission. (Sec. 314) Repeals provisions of the National Defense Authorization Act for Fiscal Year 1994 concerning advance review and approval of developmental tests of limited defense systems and the independent monitoring of such tests. Adds certain methods of test and evaluation with respect to theater missile defense interceptors. (Sec. 316) Authorizes the President to provide global disaster relief in response to manmade or natural disasters. (Sec. 317) Removes a $400,000 fiscal year limit on funds authorized to be used by the Defense Inspector General for emergency and extraordinary expenses. Title IV: Military Personnel Authorization - Subtitle A: Active Forces - Provides for the authorized end strengths for active-duty forces as of FY 1995. Subtitle B: Reserve Forces - Sets forth the authorized end strengths for reserve personnel as of FY 1995 and for certain reserves on active duty in support of the reserves. Subtitle C: Military Training Student Loads - Sets forth the authorized FY 1995 military training student loads. Title V: Military Personnel Policy - Subtitle A: Officer Personnel Policy - Authorizes the Secretary of the military department concerned to approve officers serving on certain successive selection boards. (Sec. 503) Provides that when the Senate has confirmed some officers on a promotion list but not others: (1) the confirmed appointments may be made; and (2) the Secretary may make appropriate adjustments in the date of rank and effective date of pay for those appointments confirmed later. Revises provisions relating to the enlistment of certain limited duty Navy and Marine Corps officers and to the retention of such officers who are within two years of qualification for retirement pay. Makes permanent (currently terminates as of the end of FY 1995) the authority for the temporary promotion of certain Navy lieutenants. Subtitle B: Reserve Component Matters - Revises the composition of the Reserve Forces Policy Board. (Sec. 512) Provides certain additional and expanded reserve personnel call-up authority for the Secretary and the Secretary of Transportation when the Coast Guard is not under the jurisdiction of the Navy. (Sec. 514) Limits the duration of force reduction transition period annual payments to between one and five years as specified by the Secretary concerned (currently, five years). Subtitle C: Other Matters - Repeals a provision of the National Defense Authorization Act for Fiscal Year 1993 requiring a specified reduction, by the end of FY 1996, in the number of U.S. military personnel assigned to permanent duty outside the United States. Title VI: Compensation and Other Personnel Benefits - Subtitle A: Pay and Allowances - Waives any FY 1995 military pay increase tied to increases in the General Schedule of Compensation for Government employees. Increases by 1.6 percent, effective on January 1, 1995, the rates of basic pay, basic allowance for subsistence, and basic allowance for quarters for members of the armed forces. (Sec. 602) Revises the calculation of retired pay of commissioned officers who did not serve satisfactorily in the grade held at retirement. (Sec. 603) Extends specified expiring authorities for certain special pay and bonus programs within the regular and reserve armed forces. Subtitle B: Retired Pay and Survivor Benefits - Removes the 60-day limit on the amount of unused accrued military leave that may be paid to survivors of military personnel killed while on active duty or dying after retirement from military service. (Sec. 612) Provides disability coverage for certain officer candidates who are granted excess leave. (Sec. 613) Requires forfeiture of any military annuity or retired pay in the case of former or current military personnel convicted of espionage. (Sec. 614) Provides for the crediting of certain reserve service in the computation of retired pay of former military personnel. Title VII: Health Care Provisions - Subtitle A: Health Care Management - Amends the Social Security Act to allow the Secretary and the Coast Guard to receive from the Secretary of Health and Human Services information from the Medicare and Medicaid coverage data bank concerning responsibility for the payment of health care items and services furnished to beneficiaries of military personnel. (Sec. 702) Authorizes the Secretary to reimburse military health personnel for any professional license required for performing duty at a civilian health care facility as part of a resources exchange program. Subtitle B: Personnel Matters - Increases from $6,000 to $15,000 the incentive special pay for certain registered nurse anesthetists. Extends through FY 1998 the authority for certain nurse bonuses. Reduces from five to three the maximum years for a military member to be maintained on the temporary disability retired list. Subtitle C: Other Matters - Allows a person placed in the home of a member or former member of the armed forces for adoption to be considered a dependent for purposes of eligibility for certain health benefits. (Sec. 722) Repeals a Federal provision prohibiting DOD funds from being used to perform abortions unless the life of the mother is in danger. (Sec. 723) Authorizes medical and dental care for abused dependents of military personnel who are discharged from service. Title VIII: Department of Defense Organization and Management - Subtitle A: Department of Defense - Revises provisions concerning the order of succession in the military departments. (Sec. 802) Directs the Secretary of Defense (currently, the Secretary of the Army) to prepare mileage tables used for transportation allowance purposes. (Sec. 803) Amends the National Defense Authorization Act for Fiscal Year 1993 to: (1) extend through FY 1996 the authority of the Secretary to commemorate World War II; and (2) make permanent the authority for DOD to share equitably the costs of claims under international armaments programs. (Sec. 805) Redesignates the: (1) Deputy Under Secretary of Defense for Acquisition and Technology as the Principal Deputy Under Secretary of Defense for Acquisition and Technology; and (2) Deputy Under Secretary of Defense for Policy as the Principal Deputy Under Secretary of Defense for Policy. (Sec. 807) Repeals the requirement that the DOD Comptroller be the Chief Financial Officer of DOD. Redesignates the Comptroller as the Under Secretary of Defense (Comptroller). Subtitle B: Professional Military Education - Authorizes the Secretary to hire civilian faculty members for the Information Resources Management College of the National Defense University. Subtitle C: Education Matters - Makes general revisions to the Defense Department Overseas Teachers Pay and Personnel Practices Act. (Sec. 823) Authorizes the Secretary to provide for the elementary and secondary education of dependents of federally employed personnel and military personnel when the appropriate educational programs are not available through local education agencies in the United States. Subtitle D: Other Matters - Expands DOD authority to receive voluntary services. Repeals a Federal provision prohibiting the use of DOD appropriations to contract for fire fighting or security guard functions at any military facility. (Sec. 833) Provides a two-year statute of limitations with respect to claims for unpaid minimum wages, overtime, or liquidated damages under the Fair Labor Standards Act of 1938. Title IX: General Provisions - Subtitle A: Financial Matters - Exempts routine administrative adjustments to Federal pay from certain employee due process requirements (such as 30 days' prior notification). (Sec. 902) Amends the Contract Disputes Act of 1978 to revise the method of the payment of interest on contractor claims. Subtitle B: Civilian Employee Pay Matters - Extends specified expiring authorities with respect to: (1) reduction in force notification requirements under the National Defense Authorization Act for Fiscal Year 1993; and (2) Federal employee provisions relating to separation pay, the restoration of certain accumulated leave, and the continuation of health benefits for DOD employees involuntarily separated due to a reduction in force. (Sec. 912) Provides travel, transportation, and relocation expenses for DOD employees who are separated from employment and selected for service with the Postal Service. (Sec. 913) Limits severance pay for certain civilian employees who move from an appropriated to a nonappropriated fund position. Subtitle C: Other Matters - Authorizes members and units of the National Guard to provide transportation and other support services to certain youth organizations, including the Boy and Girl Scouts, Boys and Girls Clubs, YMCA, and YWCA. (Sec. 922) Prohibits anyone from using the words "Defense Mapping Agency" or its initials, seal, or other imitation except with the written permission of the Secretary. Provides for enforcement. Prohibits claims or actions against the United States based upon the preparation or dissemination by such Agency of any navigational aid. (Sec. 924) Authorizes the Secretary of the Air Force to reimburse the Civil Air Patrol for the cost of maintaining a staff at its national headquarters. Provides for the employment of retired Air Force officers with the Patrol, with continuation of all retired pay benefits. (Sec. 925) Prohibits funds appropriated to DOD from being used for research involving humans as experimental subjects, unless conducted within regulations prescribed by the Secretary. (Sec. 926) Authorizes the Secretary to conduct military-to-military contacts and comparable activities designed to promote the democratic orientation of the defense establishments and military forces of other countries. (Sec. 927) Authorizes appropriations for FY 1995 for the purchase of sealift vessels for the Ready Reserve. Allows for the transfer of funds for such purposes. Title X: Matters Relating to Allies, Other Nations, and International Organizations - Authorizes the Secretary to acquire, from the United Nations or other such organizations of which the United States is a member, logistic support for forces deployed outside the United States. Authorizes the Secretary to enter into cross servicing agreements with such organizations for the provision of logistic support, supplies, and services. Includes such organizations within current methods of payment for acquisitions and transfers, as well as limitations on amounts that may be obligated or accrued by the United States for the acquisition of supplies. Title XI: Peacekeeping and Related Matters - Authorizes the President to provide appropriate assistance to international peacekeeping and peace enforcement activities, and to make contributions on behalf of the United States for operations conducted by the United Nations. Requires reimbursement. Establishes in the Treasury the Contributions for International Peacekeeping and Peace Enforcement Activities Fund for deposit of reimbursed amounts, as well as appropriated amounts. Provides an annual reporting requirement. Authorizes appropriations. Title XII: Counterproliferation - Amends the National Defense Authorization Act for Fiscal Year 1993 to: (1) extend through FY 1995 the authority of the Secretary to provide assistance to support international nonproliferation activities; (2) extend through FY 1995 required quarterly reports concerning such assistance; (3) replace the On-Site Inspection Agency with DOD with regard to activities in support of the U.N. Special Commission on Iraq; (4) include among such financially assisted activities the dismantlement and destruction of nuclear, biological, and chemical weapons, as well as their delivery systems and related technologies; and (5) repeal fiscal year and funding limitations with regard to such assistance. Amends the National Defense Authorization Act for Fiscal Year 1994 to: (1) repeal certain reporting requirements and funding limitations; and (2) extend permanently the authority for studies relating to U.S. counterproliferation policy. Authorizes FY 1995 appropriations for conducting counterproliferation activities. Title XIII: Acquisition Reform - Authorizes the Secretary to enter into transactions other than contracts and agreements to carry out basic, applied, and advanced research projects through the Advanced Research Projects Agency. Amends the National Defense Authorization Act for Fiscal Year 1994 to: (1) allow the Secretaries of the military departments (currently, only the Secretary of Defense) to maintain lists of plants equipped to manufacture arms or ammunition; (2) ensure the Government's rights in technical data when providing the services of Government laboratories and equipment; and (3) allow the President to order through the Secretaries of the military departments (currently, only the Secretary of Defense) products or materials to be used for industrial mobilization purposes. Provides for the public sale of vessels stricken by the Secretary of the Navy from the Naval Vessel Registry due to being unfit for service. Allows such vessels to be transferred to a State or local government or other entity or used for experimental purposes.
Bill· HRH.R. 4329 (103rd)open
United States · United States Congress · 3 May 1994
Federal Insecticide, Fungicide, and Rodenticide Act Amendments of 1994 - Amends the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) to establish a registration renewal procedure. Requires active ingredients, for purposes of such procedure, to be classified as follows: (1) in group one if first contained in a pesticide initially registered before November 1, 1984; (2) in group two if first contained in a pesticide initially registered after October 31, 1984, but before this Act's enactment; or (3) in group three if first contained in a pesticide initially registered after this Act's enactment. (Sec. 2) Sets reapplication dates for active ingredients as follows: (1) 12-14 years after the issuance of a reregistration eligibility decision document for the active ingredient for those in group one; (2) ten to 13 years after this Act's enactment for those in group two; and (3) 12 years after the date of initial registration of a product containing the active ingredient for those in group three. Sets subsequent reapplication dates for active ingredients at 12 years after the preceding expiration date. Authorizes the Administrator of the Environmental Protection Agency to assess fees from registrants to cover costs associated with registration review. Permits the Administrator to cancel a registration for nonpayment. Establishes a registration renewal fund in the Treasury. Allows the continued use, distribution, or sale of existing stocks of an expired pesticide subject to conditions specified by the Administrator. (Sec. 3) Revises pesticide export provisions to prohibit the export of a pesticide that contains an active ingredient if virtually all uses of the active ingredient in the United States have been prohibited. Permits such exports where an export would be prohibited only because registration applications have been voluntarily withdrawn or cancelled by an applicant if the Administrator is unaware of any information indicating that use of the pesticide could pose adverse health or environmental risks. Authorizes such exports to a specified importing country if: (1) the pesticide is not subject to a prohibition for any human health related reason; and (2) the country has informed the Administrator that it wishes to import the pesticide and is aware that U.S. uses of the pesticide are prohibited. Requires the Administrator to prohibit, by order, persons from exporting a pesticide to a foreign country if such country has informed the Administrator or an international agency of which the United States is a member, that the country does not wish to import the pesticide and certifies that it: (1) is not producing or importing and will not produce or import the pesticide for use in the country; and (2) does not wish to import the pesticide because of human health or environmental concerns. Provides for withdrawal of such order if the country is not in compliance with such certification. Prohibits the export of a pesticide unless: (1) there is a tolerance or an exemption from certain tolerance requirements under the Federal Food, Drug, and Cosmetic Act (FDCA) governing residues of each ingredient in the pesticide in at least one food; (2) there is a practical method for detecting residues in or on foods and the Administrator has an appropriately certified pesticide reference standard; or (3) the Administrator determines that the pesticide is not likely to be used in a manner resulting in residues in or on imported foods. Prohibits the export of a pesticide if any ingredient has not been and is not the subject of any registration unless the Administrator determines that: (1) for each active ingredient, there is a tolerance greater than zero or an exemption from the tolerance requirement under the FDCA; or (2) residues of the pesticide on food have been permitted or the pesticide has been approved for use in at least three countries that evaluate pesticides prior to marketing in accordance with internationally recognized scientific standards and on the basis of an independent scientific review of health and environmental risks; and (3) the country of import participates in the United Nations Environment Program-Food and Agriculture Organization system for exchange of information on pesticides in international trade. Permits persons to petition the Administrator to withdraw authorization to export such pesticides. Authorizes the Administrator to permit the export of a small quantity of a pesticide to a foreign country solely for research and development purposes, but not test marketing. Prohibits such export if the pesticide contains an active ingredient which has been prohibited for virtually all uses, with exceptions. Requires exporters, in the case of unregistered pesticides other than those containing active ingredients that are banned in the United States, to obtain signed statements from foreign purchasers acknowledging that they understand that the pesticide is not registered for use, and cannot be sold, in the United States. Prohibits the export of a pesticide or a device unless it complies with requirements of this Act and the label of the pesticide is written in an official language of the country of use and, to the extent not in conflict with the country's requirements, contains all health, safety, environmental, and other related information required to be included on labeling in the United States. Requires pesticide exporters to comply with the product stewardship provisions of the 1994 International Code of Conduct on the Distribution and Use of Pesticides of the Food and Agricultural Organization of the United Nations. Permits the Administrator to prohibit noncomplying exporters from exporting for up to 180 days. Requires persons who distribute or sell pesticides for export to submit distribution or sale records to the Administrator as prescribed. Authorizes the assessment of fees on pesticide registrants to carry out export requirements and establishes a fund in the Treasury. Permits the Administrator to use a specified amount to provide countries technical assistance in certain pesticide safety, management, and training programs, alternative methods of pest control, and other related activities. Gives priority for assistance to developing countries that are major sources of food imported into the United States. Requires persons who export pesticides or produce pesticides for export to submit to the Administrator information regarding: (1) unreasonable environmental effects of the pesticides; and (2) the regulatory status of the pesticides in other countries that would affect exports. (Sec. 4) Revises the procedure for the cancellation, denial of registration, or change in the classification of pesticides. (Sec. 5) Requires the Administrator, by order and without a hearing, to cancel a pesticide registration or deny a registration application if the Administrator has revoked a tolerance regulation or denied a petition to establish a tolerance regulation for residues in or on food that could result from the use of the pesticide unless such use is unlikely to result in food that is adulterated. (Sec. 6) Revises procedures for suspension of pesticide registrations and removes certain provisions requiring hearings. (Sec. 7) Authorizes the Administrator, if the risks associated with the use of a pesticide can be reduced by a change in the labeling, packaging, or composition of the pesticide, to issue a notice requiring registrants to make such change. Prohibits such change if it will prohibit or make uses of the pesticide economically unfeasible. Authorizes registrants to object to such changes and requires the Administrator to respond by withdrawing, modifying, or affirming the changes. Authorizes the Administrator to suspend a registration if a registrant fails to comply with a notice. Permits the continued sale or distribution of such pesticides for a limited period by persons other than the registrant. Authorizes the Administrator to require the recall of pesticides sold or distributed in violation of requirements. (Sec. 8) Requires the Administrator, if credible scientific evidence indicates that the use of a pesticide is likely to pose a significant risk to humans or the environment and additional information should be developed to reduce uncertainties regarding the risk, to restrict, reduce, or eliminate the use or production of the pesticide or evaluate other actions necessary to address the risk. (Sec. 9) Directs the Administrator to develop criteria for the designation of reduced risk pesticides. Permits registrants or registration applicants to request the Administrator to designate a pesticide as a reduced risk pesticide. Extends the period of exclusive use for data submitted to support the application for the original registration of a pesticide if the Administrator approves at least three minor uses of the pesticide or the pesticide has been designated as a reduced risk pesticide prior to the expiration of the period of exclusive use. Permits the Administrator to conditionally register a biological pesticide or a mixture of such pesticides not contained in any currently registered pesticide prior to the development of data necessary to determine whether a pesticide meets registration requirements. Conditions such registrations on a determination that use of the pesticide will not cause any adverse environmental effects and is in the public interest. Requires the Administrator to give priority to registration applications in the following order: (1) registration of pesticides that would meet pest control needs that are currently being addressed through emergency pesticide uses authorized under FIFRA (these uses exempt Federal or State agencies from requirements as dictated by emergency circumstances); (2) applications likely to reduce the risk of adverse environmental effects from the use of currently registered pesticides subject to cancellation proceedings; (3) applications for reduced risk pesticides; and (4) applications for minor use pesticides. Directs the Secretaries of Health and Human Services (HHS) and Agriculture to review the recommendations of the National Academy of Sciences' report, "Pesticides in the Diets of Infants and Children," and conduct surveys to document dietary exposure to pesticides among infants and children and perform other research as necessary to implement the recommendations. Revises provisions regarding pest control strategies to make it a goal to support research and development of methods that reduce health and environmental risks, including alternative pest control strategies. Directs the Secretary of Agriculture and the Administrator to implement a process for coordinating environmental risk reduction through identification of pesticides that pose significant risks and for which development of use reduction programs and research on safer alternative means of pest control should be high priority for research programs. Requires the Administrator to provide an annual list to the Secretary of agricultural use pesticides: (1) for which the Administrator is considering certain regulatory actions (e.g., cancellations, denials of registrations) that would affect their availability, including agricultural commodities and pests affected; (2) which otherwise pose significant health and environmental risks; and (3) for which there exists significant instances of pest resistance. Directs the Secretary to: (1) review all available alternatives to the pesticides listed; and (2) develop a research and technology transfer plan for each pest-commodity combination on the list for which there are insufficient alternative pest control techniques that present less risk. Allocates funding to carry out such objectives. Expands provisions regarding integrated pest management to require the Secretary to implement research, demonstration, and education programs to support goals for adoption of integrated pest management. Directs the Secretary to implement pesticide use reduction goals in selected ecosystems. (Sec. 10) Authorizes the Administrator, subject to specified conditions, to delay action to delete a minor food or feed use for which a registrant has not agreed to timely submit data necessary for reregistration. Authorizes appropriations for the development of public health data in cases where the Administrator determines that further study is needed on public health pesticides to support continued registration. (Sec. 11) Adds reregistration fee provisions. (Sec. 12) Permits a restricted use pesticide to be applied only by or under the direct supervision of a certified applicator or subject to other restrictions if the Administrator determines that the pesticide or its uses may cause adverse environmental effects without additional regulatory restriction. (Sec. 13) Revises judicial review procedures. (Sec. 14) Sets time limitations on claims for indemnity payments from the United States to persons suffering losses from cancelled pesticides. (Sec. 17) Expands current pesticide recordkeeping requirements. Revises enforcement authorities. Bars Federal contracts with persons convicted of offenses under FIFRA if such a contract is to be performed at any facility at which the violation giving rise to the offense occurred. Continues such prohibition until the condition giving rise to the conviction has been corrected. Requires the Administrator to treat Indian tribes as States under FIFRA. (Sec. 18) Provides protection to whistleblowers.
Bill· HRH.R. 4328 (103rd)open
United States · United States Congress · 3 May 1994
TABLE OF CONTENTS: Title I: Contract Formation Subtitle A: Competition Statutes Subtitle B: Truth in Negotiations Subtitle C: Procurement Protests Subtitle D: Definitions and Other Matters Title II: Contract Administration Subtitle A: Contract Payment Subtitle B: Cost Principles Subtitle C: Audit and Access to Records Subtitle D: Cost Accounting Standards Title III: Simplified Acquisition Threshold and Socioeconomic, Small Business, and Miscellaneous Laws Subtitle A: Simplified Acquisition Threshold Subtitle B: Socioeconomic and Small Business Laws Subtitle C: Miscellaneous Acquisition Laws Title IV: Standards of Conduct Title V: Commercial Items Title VI: Miscellaneous Provisions Title VII: Effective Dates and Regulations Federal Acquisition Reform Act of 1994 - Title I: Contract Formation - Subtitle A: Competition Statutes - Amends the Office of Federal Procurement Policy Act to require executive agencies, in conducting property or services procurement, to obtain full and open competition through the use of specified competitive procedures. Allows such procedures, in certain circumstances, to exclude particular sources. Sets forth requirements for justifying use of noncompetitive procedures. (Sec. 1061) Specifies solicitation, evaluation, and award requirements, including those for evaluation of purchase options, prompt notice of award, post-award debriefings, protest files, award of costs and fees in agency settlement of protests, and award of multiple contracts. (Sec. 1071) Amends the Federal Property and Administrative Services Act of 1949 (FPASA) to repeal the requirement that an agency head determine that a cost, cost-plus-a-fixed-fee, or an incentive-type contract is likely to be less costly than other contracting methods, or that it is impractical to use other methods, before such a method may be used. (Sec. 1072) Authorizes agency heads to enter into: (1) multiyear contracts meeting specified criteria for acquisition of property or services; and (2) severable contracts for procurement of services for a twelve-month period beginning in one fiscal year and ending in the next. (Sec. 1074) Requires revision of the Federal Acquisition Regulation (FAR) to include regulations governing the exercise authority under the Economy Act for Federal agencies to purchase goods and services under contracts entered into or administered by other Federal agencies. (Sec. 1091) Amends the Office of Federal Procurement Policy Act (OFPPA) to require the Administrator for Federal Procurement Policy (FPP Administrator) to prescribe for executive agencies guidance regarding consideration of the past contract performance of offerors in awarding contracts. (Sec. 1092) Repeals the requirement for annual agency reports to Congress on competition. (Sec. 1093) Directs the Federal Acquisition Regulatory Council (FARC) to promulgate regulations to discourage the use of nonstandard contract clauses on a repetitive basis. Subtitle B: Truth in Negotiations - Amends the OFPPA to require agency heads to require offerors, contractors, and subcontractors to make cost or pricing data available according to specified procedures. Subtitle C: Procurement Protests - Amends Federal law to revise the periods for specified actions with respect to review of protests. Revises requirements for Federal agency suspension of performance of a contract which is the subject (or likely subject) of a protest. (Sec. 1403) Requires the head of the procuring activity of a Federal agency responsible for a particular contract to report within 60 days after receiving notices of the agency's failure to implement fully the Comptroller General's recommendations with respect to a protested solicitation for or a proposed or actual award of a contract. Revises requirements for agency payment of protest costs to an interested party when the agency has not complied with a statute or regulation. Requires a prompt Comptroller General (CG) report to certain congressional committees of any case in which a Federal agency fails to implement CG recommendations with respect to a protest. (Sec. 1404) Authorizes the CG to prescribe procedures for the electronic filing and dissemination of documents and information required with respect to awards and protests. (Sec. 1431) Amends the FPASA to authorize the Administrator of General Services (GSA Administrator) to revoke a delegation of authority with respect to a particular contract before or after its award, except that the GSA Administrator may revoke a delegation after the contract is awarded only where there is a finding of a violation of law or regulation in connection with the contract award. (Sec 1432) Authorizes the General Services Administration Board of Contract Appeals, upon an interested party's request, to review any contracting officer's decision alleged to violate the conditions of a delegation of procurement authority. (Sec. 1433) Revises requirements with respect to: (1) periods for processing contract award protest actions; (2) dismissal of protests; (3) award to prevailing party of consultant and expert witness fees; (4) dismissal agreements; and (5) matters to be covered in regulations governing the expeditious disposition of protests. (Sec. 1439) Directs the GSA Administrator to collect and compile data regarding the procurement of automatic data processing equipment by Federal agencies. Requires the GSA Administrator to review such information periodically, using it to determine agency compliance with requirements. Authorizes the GSA Administrator to suspend the delegation to a Federal agency of authority to lease or purchase automatic data processing equipment upon any failure of the agency head to report required information. Subtitle D: Definitions and Other Matters - Amends specified definitions in the FPASA. (Sec. 1552) Amends the OFPPA to authorize agency heads to delegate procurement functions to any other agency officer or official. (Sec. 1553) States that procurement determinations and decisions required to be made by an agency head may be made for an individual purchase or contract or for a class of purchases or contracts. (Sec. 1554) Declares that letters of offer for the sale of defense articles or services shall not include any charge for the proportionate amount of any nonrecurring costs of research, development, and production of major defense equipment. (Sec. 1555) Repeals specified Federal law requiring Federal agencies, when purchasing toner cartridges for laser printers, photocopiers, or microphotographic printers to give preference to recycled toner cartridges and to remanufactured toner cartridges made in the United States by small businesses. (Sec. 1556) Amends the FPASA to provide, upon request, for the use (but not purchase from Federal stock or inventory) of Federal supply schedules or other contracts by State, local, and tribal governments, the District of Columbia, and Puerto Rico. Title II: Contract Administration - Subtitle A: Contract Payment - Amends the OFPPA, with respect to contract financing, to authorize executive agencies to: (1) make advance, partial, progress or other payments under property or services contracts; and (2) insert in bid solicitations for property or services procurement a provision limiting to small business concerns advance or progress payments. Subtitle B: Cost Principles - Requires executive agency heads to require that a covered contract provide that, if the contractor submits a proposal for settlement of indirect cost incurred for any period after such costs have been accrued, and if that proposal includes the submission of a cost unallowable because it violates a cost principle in the FAR (or an agency's supplement to the FAR), the cost shall be disallowed. Formulates penalties for violation of cost principles (including submission of costs known not to be allowable), with provision for waiver of penalty. Specifies unallowable costs, including costs of criminal, civil, and administrative proceedings relating to violations of Federal or State law or regulation. Requires the FAR to contain provisions on the allowability of contractor costs, clarifying the cost principles applicable to specified contractor costs. (Sec. 2152) Limits reasonable and allowable costs for the travel expenses of Government contractors only to those contracts requiring submission of cost or pricing data or the negotiation of final indirect costs. Subtitle C: Audit and Access to Records - Specifies an executive agency head's authority to examine the plant and audit records of contractors and subcontracts. Subtitle D: Cost Accounting Standards - Repeals a specified obsolete deadline regarding procedural regulations for the Cost Accounting Standards Board. Title III: Simplified Acquisition Threshold and Socioeconomic, Small Business, and Miscellaneous Laws - Subtitle A: Simplified Acquisition Threshold - Amends the OFPPA to set a simplified acquisition threshold (SAT) of $25,000 ($100,000 for agencies with a FACNET system), adjusted periodically according to a specified formula. (Sec. 3002) Directs the Administrator of the Office of Federal Procurement Polich (FPP Administrator) to establish a program for the development and implementation of a Federal acquisition computer network (FACNET) system to provide widespread electronic public notice of agency orders and solicitations for contract opportunities. Specifies the functions, with respect to the FACNET system, of the GSA Administrator and the the Director of the National Institute of Standards and Technology. (Sec. 3003) Requires each executive agency head to implement the FACNET system. (Sec. 3011) Requires the FAR to provide for special simplified acquisition procedures. (Sec. 3013) Requires executive agency heads to ensure that procuring activities, in awarding contracts with a price exceeding the micro-purchase threshold ($2,500, adjusted annually), comply with certain requirements of the Small Business Act. States that specified authority under the FAR to make purchases without securing competitive quotations does not apply to purchases exceeding the micro-purchase threshold. (Sec. 3015) Reserves exclusively for small business concerns each procurement contract with an anticipated value of $100,000 or less unless the contracting officer cannot obtain offers from two or more small businesses that are competitive: (1) with market prices; and (2) with regard to the quality and delivery of the goods or services being procured. (Sec. 3016) Requires the Comptroller General to study and report to specified congressional committees on: (1) the effects of the SAT on the participation of small business concerns (including those owned and controlled by socially and economically disadvantaged individuals) in procurement awards of under $100,000; and (2) any benefits and detriments to the procuring activities of the various executive agencies. (Sec. 3021) States that no future enacted procurement law shall be construed as applying to contracts that do not exceed the SAT unless it specifically addresses the pertinent provisions of this Act. (Sec. 3022) Authories the Federal Acquisition Regulatory Council (FARC) to waive procurement laws, in certain circumstances, for contracts not exceeding the SAT. (Sec. 3081) Requires FARC to review the FAR: (1) to identify regulations applicable to acquisitions exceeding a specified amount less than $100,000; and (2) amend them to provide that they do not apply to acquisitions that do not exceed the SAT. Subtitle B: Socioeconomic and Small Business Laws - Directs the FPP Administrator to prescribe procedures relating to prime contractor compliance with payment terms with respect to subcontractors and suppliers. (Sec. 3102) Establishes a Small Business Procurement Advisory Council to serve as a discussion forum, provide information to other Federal agencies, and issue advisory reports to the Small Business Administration and the Office of Federal Procurement Policy on small business procurement matters. Subtitle C: Miscellaneous Acquisition Laws - Amends the OFPPA to declare that no provision of Federal law may be construed as requiring an executive agency procurement to be made (by use of noncompetitive procedures) from a specified non-Federal source unless that provision specifically: (1) refers to this restriction; (2) identifies the non-Federal source; and (3) states that the procurement is necessary in contravention of this policy. Title IV: Standards of Conduct - Amends the OFPPA to state that only Federal employees may be paid for services to conduct evaluations or analyses of an acquisition proposal (thus prohibiting outside contracting) unless none are readily available to perform such functions. (Sec. 4003) Amends Federal law to declare that no Member of Congress shall be admitted to any share of any contract or agreement made by or on behalf of the United States, or to any benefit to arise thereupon. (Sec. 4004) Amends the OFPPA to lengthen from 30 days to 60 days the waiting period after publication before the effective date of significant changes proposed for acquisition regulations. Permits an earlier effective date in compelling circmstances, but no earlier than 30 days after publication. Title V: Commercial Items - Amends the OFPPA to require executive agency head to ensure preference for supplies and services and acquisition is given to commercial items and nondevelopmental items (prevously developed commercial items in use by Federal, State, local, or certain foreign governments which require only minor modification of the type normally available in the commercial marketplace to meet procurement requirements). (Sec. 5003) Requires the FAR to provide regulations containing specified terms and conditions for contracts for acquisition of commercial items. (Sec. 5004) Declares that no future law may be construed as applying to agency purchases of commercial items without specific reference to and modification of this section. (Sec. 5005) Authorizes FARC to waive certain procurement laws for contracts for commercial items in specified circumstances. (Sec. 5006) Exempts the submission of offers of commercial items from specified deadlines, and requires the FPP Administrator to prescribe in the FAR appropriate limits on the applicability of any required deadline. (Sec. 5007) Makes advocates for competition for each procuring activity responsible for promoting acquisition of commercial items and other nondevelopmental items. (Sec. 5008) Declares certain provisions of specified Federal law unaffected by this Act. (Sec. 5009) Requires the Comptroller General to report to the Congress on Federal government use of market research. Title VI: Miscellaneous Provisions - Authorizes the FPP Administrator to: (1) test alternative and innovative procurement procedures, limited to no more than two specific contracting activities in designated agencies; and (2) delegate to the Secretary of Defense authority to conduct seven pilot programs of such procedures. Prescribes test requirements. (Sec. 6002) Directs the FPP Administrator to study and report to the Congress on participation by certain small businesses in Federal procurement. (Sec. 6003) Amends the OFPPA to specify goals for FY 1994 through 2000 for government-wide contracting with small disadvantaged businesses and certain minority institutions of higher education. (Sec. 6004) Requires the FPP Administrator to devise policies and procedures for the establishment of education and training programs authorizes by such Act, including a sensitivity training course for critical procurement personnel designed to increase the participation in agency procurement activities of small business concerns owned and controlled by socially and economically disadvantaged individuals, women, and other minorities. (Sec. 6005) Declares the sense of Congress that FARC should consider using negotiated rulemaking procedures or similar techniques intended to achieve specified administrative benefits. (Sec. 6006) Requires the FPP Administrator to provide for a Government-wide awards to recognize and promote vendor and procurement-related officer and employee excellence. Title VII: Effective Dates and Regulations - Sets forth effective dates of this Act. (Sec. 7002) Requires revision of the FAR by a certain deadline to implement this Act. (Sec. 7004) Requires modification of the Federal Procurement Data System to collect from contracts exceeding the simplified acquisition threshold certain data pertinent to solicitation offers, contract awards, awards to businesses owned and controlled by women, and other related matters.
Bill· HRH.R. 4318 (103rd)referred
United States · United States Congress · 28 April 1994
TABLE OF CONTENTS: Title I: Welfare Reform Subtitle A: Aid To Families With Dependent Children Subtitle B: Earned Income Tax Credit Subtitle C: Microenterprise and Small Business Development Subtitle D: Effective Date Title II: Federal Job Training Program Reforms Subtitle A: Studies and Reports Subtitle B: Economic Self-Sufficiency Standards for Federal Job Training Programs Subtitle C: Effective Date Title III: Child Support Enforcement Working Off Welfare Act of 1994 - Title I: Welfare Reform - Subtitle A: Aid to Families with Dependent Children - Amends parts A (Aid to Families with Dependent Children) (AFDC) and F (Job Opportunities and Basic Skills Training Program) (JOBS) of title IV of the Social Security Act (SSA) to make various specified changes with regard to, among other things, income disregards, support services and case management, school attendance and child care, and job training and education in order to enable families on welfare to become self-sufficient. Subtitle B: Earned Income Tax Credit - Directs the Secretary of the Treasury (Secretary) to submit to the Congress recommendations for procedures under which the Federal Government may make quarterly advance payments of earned income credit. Subtitle C: Microenterprise and Small Business Development - Amends SSA title IV part A to give States the option of disregarding certain income and resources related to microenterprise initiatives or designated for education, training, or employability through the use of a qualified asset account. (Sec. 141) Requires the Secretary of Health and Human Services (HHS) to: (1) study and report to the Congress on the use of such accounts; and (2) report to the Congress on the AFDC asset limit on automobiles. Provides for the inclusion of microenterprise training and activities in the JOBS program. Subtitle D: Effective Date - Sets forth effective dates for this title. Title II: Federal Job Training Program Reforms - Subtitle A: Studies and Reports - Requires the Secretaries of Education, of HHS, and of Labor (Secretaries) each to study the effectiveness of the job training programs under their respective jurisdictions for a report to the Congress. (Sec. 202) Requires the Comptroller General to study and report to the Congress on the effectiveness of such programs, including the extent to which they are successful at placing participants into certain unsubsidized employment. Subtitle B: Economic Self-Sufficiency Standards for Federal Job Training Programs - Requires the Secretaries jointly to develop and publish in the Federal Register proposed standards for measuring the minimum amount of wages and employment benefits that a participant should receive after termination from such program in order to ensure his or her long-term economic self-sufficiency. Subtitle C: Effective Date - Sets forth the effective date for this title. Title III: Child Support Enforcement - Directs the Secretary to establish in the Internal Revenue Service (IRS) a national registry (NR) of all child support orders, maintaining an abstract of each order containing certain specified information. (Sec. 301) Amends SSA title IV part D (Child Support and Establishment of Paternity) to require certain State procedures, including procedures for ensuring that: (1) a copy of each child support order issued, modified, or being enforced in the State is transmitted to the NR; and (2) a notice of court or administrative review and, under certain conditions, a statement of arrears owed are included with each order transmitted. Requires NR, upon the receipt from an employer of a W-4 form completed by an employee, to report to the employer information on: (1) whether the employee is subject to a child support order for wage withholding; and (2) the aggregate amount of support involved. (Sec. 302) Requires the Secretary to establish a system for enabling such information, as well as information identifying the person to whom any child support is owed, to be obtained at the workplace via W-4 form reporting by employees. Amends the Internal Revenue Code to: (1) require employers to deduct and withhold child support obligations from employee wages, pay withholdings to the Secretary, forward individual W-4 forms to NR, and include withheld obligations on the employee's W-2 form; (2) require individuals with monthly shortfalls in child support payments because of inadequate wage withholding to make payments directly to the Secretary, with the full amount due by the end of the applicable tax year subject to the same collection process and penalties applicable to back taxes; and (3) provide for a tax credit for withholdings and payments in excess of applicable obligations. (Sec. 304) Directs the Secretary to pay to the appropriate payee on a monthly basis a portion of the amount of child support received on account of an obligation payable to such payee, with interest payable on late payments. (Sec. 305) Amends SSA title IV part D to require: (1) certain individuals applying for child support collection or paternity determination services to use a new Federal application form in applying for such services; (2) State part D plans to provide for ongoing outreach programs to persons eligible for plan services; and (3) the separate organizational unit under the direction of the Secretary of HHS' designee to issue regulations for ensuring State plans for serving underserved populations and accommodations for assisting non-English speaking persons and the hearing impaired. (Sec. 306) Establishes the Commission on Child Support Guidelines to recommend to the Congress national child support guidelines to be followed by State courts and administrative bodies in setting child support award amounts. (Sec. 307) Directs the Secretary of HHS to: (1) establish by a certain deadline the staffing requirements already required for State child support programs; (2) streamline the child support audit process; and (3) jointly issue with the Secretary regulations governing coordination of State child support collection activities with those of the IRS. Provides for: (1) an increase in the Federal matching rate as an incentive for States increasing paternity establishment and meeting staffing requirements for child support programs; and (2) inclusion in consumer credit reports of information on individual consumers' overdue support obligations. Adds: (1) maintenance of effort requirements for State child support and AFDC programs; and (2) additional specified requirements with respect to procedures for paternity establishment and acknowledgment affidavits.
Bill· HRH.R. 4316 (103rd)referred
United States · United States Congress · 28 April 1994
Education Infrastructure Act of 1994 - Directs the Secretary of Education to award grants to eligible local educational agencies to meet the National Education Goals through repair, renovation, alteration, and construction of public elementary or secondary school libraries, media centers, or facilities, used for academic or vocational instruction, including certain authorized activities. Sets forth requirements for: (1) priorities in selection of applications; (2) maintenance of effort, supplementation of non-Federal funds, and general limitations; (3) minority small business participation as project contractors or subcontractors, and payment of wages in accordance with the Davis-Bacon Act; and (4) Federal evaluation. Authorizes the comprehensive regional centers to provide technical assistance to such projects. Authorizes appropriations.
Bill· SS. 2050 (103rd)open
United States · United States Congress · 26 April 1994
Federal Insecticide, Fungicide, and Rodenticide Act Amendments of 1994 - Amends the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) to establish a registration renewal procedure. Requires active ingredients, for purposes of such procedure, to be classified as follows: (1) in group one if first contained in a pesticide initially registered before November 1, 1984; (2) in group two if first contained in a pesticide initially registered after October 31, 1984, but before this Act's enactment; or (3) in group three if first contained in a pesticide initially registered after this Act's enactment. (Sec. 2) Sets reapplication dates for active ingredients as follows: (1) 12-14 years after the issuance of a reregistration eligibility decision document for the active ingredient for those in group one; (2) ten to 13 years after this Act's enactment for those in group two; and (3) 12 years after the date of initial registration of a product containing the active ingredient for those in group three. Sets subsequent reapplication dates for active ingredients at 12 years after the preceding expiration date. Authorizes the Administrator of the Environmental Protection Agency to assess fees from registrants to cover costs associated with registration review. Permits the Administrator to cancel a registration for nonpayment. Establishes a registration renewal fund in the Treasury. Allows the continued use, distribution, or sale of existing stocks of an expired pesticide subject to conditions specified by the Administrator. (Sec. 3) Revises pesticide export provisions to prohibit the export of a pesticide that contains an active ingredient if virtually all uses of the active ingredient in the United States have been prohibited. Permits such exports where an export would be prohibited only because registration applications have been voluntarily withdrawn or cancelled by an applicant if the Administrator is unaware of any information indicating that use of the pesticide could pose adverse health or environmental risks. Authorizes such exports to a specified importing country if: (1) the pesticide is not subject to a prohibition for any human health related reason; and (2) the country has informed the Administrator that it wishes to import the pesticide and is aware that U.S. uses of the pesticide are prohibited. Requires the Administrator to prohibit, by order, persons from exporting a pesticide to a foreign country if such country has informed the Administrator or an international agency of which the United States is a member, that the country does not wish to import the pesticide and certifies that it: (1) is not producing or importing and will not produce or import the pesticide for use in the country; and (2) does not wish to import the pesticide because of human health or environmental concerns. Provides for withdrawal of such order if the country is not in compliance with such certification. Prohibits the export of a pesticide unless: (1) there is a tolerance or an exemption from certain tolerance requirements under the Federal Food, Drug, and Cosmetic Act (FDCA) governing residues of each ingredient in the pesticide in at least one food; (2) there is a practical method for detecting residues in or on foods and the Administrator has an appropriately certified pesticide reference standard; or (3) the Administrator determines that the pesticide is not likely to be used in a manner resulting in residues in or on imported foods. Prohibits the export of a pesticide if any ingredient has not been and is not the subject of any registration unless the Administrator determines that: (1) for each active ingredient, there is a tolerance greater than zero or an exemption from the tolerance requirement under the FDCA; or (2) residues of the pesticide on food have been permitted or the pesticide has been approved for use in at least three countries that evaluate pesticides prior to marketing in accordance with internationally recognized scientific standards and on the basis of an independent scientific review of health and environmental risks; and (3) the country of import participates in the United Nations Environment Program-Food and Agriculture Organization system for exchange of information on pesticides in international trade. Permits persons to petition the Administrator to withdraw authorization to export such pesticides. Authorizes the Administrator to permit the export of a small quantity of a pesticide to a foreign country solely for research and development purposes, but not test marketing. Prohibits such export if the pesticide contains an active ingredient which has been prohibited for virtually all uses, with exceptions. Requires exporters, in the case of unregistered pesticides other than those containing active ingredients that are banned in the United States, to obtain signed statements from foreign purchasers acknowledging that they understand that the pesticide is not registered for use, and cannot be sold, in the United States. Prohibits the export of a pesticide or a device unless it complies with requirements of this Act and the label of the pesticide is written in an official language of the country of use and, to the extent not in conflict with the country's requirements, contains all health, safety, environmental, and other related information required to be included on labeling in the United States. Requires pesticide exporters to comply with the product stewardship provisions of the 1994 International Code of Conduct on the Distribution and Use of Pesticides of the Food and Agricultural Organization of the United Nations. Permits the Administrator to prohibit noncomplying exporters from exporting for up to 180 days. Requires persons who distribute or sell pesticides for export to submit distribution or sale records to the Administrator as prescribed. Authorizes the assessment of fees on pesticide registrants to carry out export requirements and establishes a fund in the Treasury. Permits the Administrator to use a specified amount to provide countries technical assistance in certain pesticide safety, management, and training programs, alternative methods of pest control, and other related activites. Gives priority for assistance to developing countries that are major sources of food imported into the United States. Requires persons who export pesticides or produce pesticides for export to submit to the Administrator information regarding: (1) unreasonable environmental effects of the pesticides; and (2) the regulatory status of the pesticides in other countries that would affect exports. (Sec. 4) Revises the procedure for the cancellation, denial of registration, or change in the classification of pesticides. (Sec. 5) Requires the Administrator, by order and without a hearing, to cancel a pesticide registration or deny a registration application if the Administrator has revoked a tolerance regulation or denied a petition to establish a tolerance regulation for residues in or on food that could result from the use of the pesticide unless such use is unlikely to result in food that is adulterated. (Sec. 6) Revises procedures for suspension of pesticide registrations and removes certain provisions requiring hearings. (Sec. 7) Authorizes the Administrator, if the risks associated with the use of a pesticide can be reduced by a change in the labeling, packaging, or composition of the pesticide, to issue a notice requiring registrants to make such change. Prohibits such change if it will prohibit or make uses of the pesticide economically unfeasible. Authorizes registrants to object to such changes and requires the Administrator to respond by withdrawing, modifying, or affirming the changes. Authorizes the Administrator to suspend a registration if a registrant fails to comply with a notice. Permits the continued sale or distribution of such pesticides for a limited period by persons other than the registrant. Authorizes the Administrator to require the recall of pesticides sold or distributed in violation of requirements. (Sec. 8) Requires the Administrator, if credible scientific evidence indicates that the use of a pesticide is likely to pose a significant risk to humans or the environment and additional information should be developed to reduce uncertainties regarding the risk, to restrict, reduce, or eliminate the use or production of the pesticide or evaluate other actions necessary to address the risk. (Sec. 9) Directs the Administrator to develop criteria for the designation of reduced risk pesticides. Permits registrants or registration applicants to request the Administrator to designate a pesticide as a reduced risk pesticide. Extends the period of exclusive use for data submitted to support the application for the original registration of a pesticide if the Administrator approves at least three minor uses of the pesticide or the pesticide has been designated as a reduced risk pesticide prior to the expiration of the period of exclusive use. Permits the Administrator to conditionally register a biological pesticide or a mixture of such pesticides not contained in any currently registered pesticide prior to the development of data necessary to determine whether a pesticide meets registration requirements. Conditions such registrations on a determination that use of the pesticide will not cause any adverse environmental effects and is in the public interest. Requires the Administrator to give priority to registration applications in the following order: (1) registration of pesticides that would meet pest control needs that are currently being addressed through emergency pesticide uses authorized under FIFRA (these uses exempt Federal or State agencies from requirements as dictated by emergency circumstances); (2) applications likely to reduce the risk of adverse environmental effects from the use of currently registered pesticides subject to cancellation proceedings; (3) applications for reduced risk pesticides; and (4) applications for minor use pesticides. Directs the Secretaries of Health and Human Services (HHS) and Agriculture to review the recommendations of the National Academy of Sciences' report, "Pesticides in the Diets of Infants and Children," and conduct surveys to document dietary exposure to pesticides among infants and children and perform other research as necessary to implement the recommendations. Revises provisions regarding pest control strategies to make it a goal to support research and development of methods that reduce health and environmental risks, including alternative pest control strategies. Directs the Secretary of Agriculture and the Administrator to implement a process for coordinating environmental risk reduction through identification of pesticides that pose significant risks and for which development of use reduction programs and research on safer alternative means of pest control should be high priority for research programs. Requires the Administrator to provide an annual list to the Secretary of agricultural use pesticides: (1) for which the Administrator is considering certain regulatory actions (e.g., cancellations, denials of registrations) that would affect their availability, including agricultural commodities and pests affected; (2) which otherwise pose significant health and environmental risks; and (3) for which there exists significant instances of pest resistance. Directs the Secretary to: (1) review all available alternatives to the pesticides listed; and (2) develop a research and technology transfer plan for each pest-commodity combination on the list for which there are insufficient alternative pest control techniques that present less risk. Allocates funding to carry out such objectives. Expands provisions regarding integrated pest management to require the Secretary to implement research, demonstration, and education programs to support goals for adoption of integrated pest management. Directs the Secretary to implement pesticide use reduction goals in selected ecosystems. (Sec. 10) Authorizes the Administrator, subject to specified conditions, to delay action to delete a minor food or feed use for which a registrant has not agreed to timely submit data necessary for reregistration. Authorizes appropriations for the development of public health data in cases where the Administrator determines that further study is needed on public health pesticides to support continued registration. (Sec. 11) Adds reregistration fee provisions. (Sec. 12) Permits a restricted use pesticide to be applied only by or under the direct supervision of a certified applicator or subject to other restrictions if the Administrator determines that the pesticide or its uses may cause adverse environmental effects without additional regulatory restriction. (Sec. 13) Revises judicial review procedures. (Sec. 14) Sets time limitations on claims for indemnity payments from the United States to persons suffering losses from cancelled pesticides. (Sec. 17) Expands current pesticide recordkeeping requirements. Revises enforcement authorities. Bars Federal contracts with persons convicted of offenses under FIFRA if such a contract is to be performed at any facility at which the violation giving rise to the offense occurred. Continues such prohibition until the condition giving rise to the conviction has been corrected. Requires the Administrator to treat Indian tribes as States under FIFRA. (Sec. 18) Provides protection to whistleblowers.
Bill· HRH.R. 4301 (103rd)open
United States · United States Congress · 26 April 1994
TABLE OF CONTENTS: Title I: Procurement Subtitle A: Authorization of Appropriations Subtitle B: Other Matters Title II: Research, Development, Test, and Evaluation Title III: Operation and Maintenance Subtitle A: Authorization of Appropriations Subtitle B: Other Matters Title IV: Military Personnel Authorizations Subtitle A: Active Forces Subtitle B: Reserve Forces Subtitle C: Military Training Student Loads Title V: Military Personnel Policy Subtitle A: Officer Personnel Policy Subtitle B: Reserve Component Matters Subtitle C: Other Matters Title VI: Compensation and Other Personnel Benefits Subtitle A: Pay and Allowances Subtitle B: Retired Pay and Survivor Benefits Title VII: Health Care Provisions Subtitle A: Health Care Management Subtitle B: Personnel Matters Subtitle C: Other Matters Title VIII: Department of Defense Organization and Management Subtitle A: Department of Defense Subtitle B: Professional Military Education Subtitle C: Education Matters Subtitle D: Other Matters Title IX: General Provisions Subtitle A: Financial Matters Subtitle B: Civilian Employee Pay Matters Subtitle C: Other Matters Title X: Matters Relating to Allies, Other Nations, and International Organizations Title XI: Peacekeeping and Related Matters Title XII: Counterproliferation Title XIII: Acquisition Reform National Defense Authorization Act for Fiscal Year 1995 - Title I: Procurement - Subtitle A: Authorization of Appropriations - Authorizes appropriations for FY 1995 to the Army, Navy and Marine Corps, and Air Force for aircraft, missiles, weapons and tracked combat vehicles, ammunition, shipbuilding and conversion, and for other procurement. Authorizes appropriations for FY 1995 for: (1) defense-wide procurement; (2) the Defense Inspector General; (3) the Defense Health Program; and (4) the chemical demilitarization program. Subtitle B: Other Matters - Repeals the current requirement for a separate budget request for the procurement of reserve equipment. Title II: Research, Development, Test, and Evaluation - Authorizes appropriations for FY 1995 for the armed forces for research, development, test, and evaluation (R&D). Title III: Operation and Maintenance - Subtitle A: Authorization of Appropriations - Authorizes appropriations for FY 1995 for the armed forces and specified activities and agencies of the Department of Defense (DOD) for operation and maintenance. Authorizes appropriations for FY 1995 for DOD working capital and revolving funds. Repeals Federal provisions: (1) expressing certain limitations on the use of the Defense Business Operations Fund (Fund); and (2) relating to charges for goods and services provided through the Fund. Allows funds collected from the operation of the Naval Academy laundry to be used for expenses of such operation. Subtitle B: Other Matters - Revises the required date for submission to the Congress of a future-years mission budget of DOD from the date of submission of the President's budget to within 60 days of such date. (Sec. 312) Authorizes the Secretary of Defense to waive the live-fire survivability testing of F-22 aircraft if such testing would be unreasonably expensive or impractical, as long as he certifies such to the Congress. (Sec. 313) Deletes certain information required with respect to a report on the ballistic missile defense mission. (Sec. 314) Repeals provisions of the National Defense Authorization Act for Fiscal Year 1994 concerning advance review and approval of developmental tests of limited defense systems and the independent monitoring of such tests. Adds certain methods of test and evaluation with respect to theater missile defense interceptors. (Sec. 316) Authorizes the President to provide global disaster relief in response to manmade or natural disasters. (Sec. 317) Removes a $400,000 fiscal year limit on funds authorized to be used by the Defense Inspector General for emergency and extraordinary expenses. Title IV: Military Personnel Authorization - Subtitle A: Active Forces - Provides for the authorized end strengths for active-duty forces as of FY 1995. Subtitle B: Reserve Forces - Sets forth the authorized end strengths for reserve personnel as of FY 1995 and for certain reserves on active duty in support of the reserves. Subtitle C: Military Training Student Loads - Sets forth the authorized FY 1995 military training student loads. Title V: Military Personnel Policy - Subtitle A: Officer Personnel Policy - Authorizes the Secretary of the military department concerned to approve officers serving on certain successive selection boards. (Sec. 503) Provides that when the Senate has confirmed some officers on a promotion list but not others: (1) the confirmed appointments may be made; and (2) the Secretary may make appropriate adjustments in the date of rank and effective date of pay for those appointments confirmed later. Revises provisions relating to the enlistment of certain limited duty Navy and Marine Corps officers and to the retention of such officers who are within two years of qualification for retirement pay. Makes permanent (currently terminates as of the end of FY 1995) the authority for the temporary promotion of certain Navy lieutenants. Subtitle B: Reserve Component Matters - Revises the composition of the Reserve Forces Policy Board. (Sec. 512) Provides certain additional and expanded reserve personnel call-up authority for the Secretary and the Secretary of Transportation when the Coast Guard is not under the jurisdiction of the Navy. (Sec. 514) Limits the duration of force reduction transition period annual payments to between one and five years as specified by the Secretary concerned (currently, five years). Subtitle C: Other Matters - Repeals a provision of the National Defense Authorization Act for Fiscal Year 1993 requiring a specified reduction, by the end of FY 1996, in the number of U.S. military personnel assigned to permanent duty outside the United States. Title VI: Compensation and Other Personnel Benefits - Subtitle A: Pay and Allowances - Waives any FY 1995 military pay increase tied to increases in the General Schedule of Compensation for Government employees. Increases by 1.6 percent, effective on January 1, 1995, the rates of basic pay, basic allowance for subsistence, and basic allowance for quarters for members of the armed forces. (Sec. 602) Revises the calculation of retired pay of commissioned officers who did not serve satisfactorily in the grade held at retirement. (Sec. 603) Extends specified expiring authorities for certain special pay and bonus programs within the regular and reserve armed forces. Subtitle B: Retired Pay and Survivor Benefits - Removes the 60-day limit on the amount of unused accrued military leave that may be paid to survivors of military personnel killed while on active duty or dying after retirement from military service. (Sec. 612) Provides disability coverage for certain officer candidates who are granted excess leave. (Sec. 613) Requires forfeiture of any military annuity or retired pay in the case of former or current military personnel convicted of espionage. (Sec. 614) Provides for the crediting of certain reserve service in the computation of retired pay of former military personnel. Title VII: Health Care Provisions - Subtitle A: Health Care Management - Amends the Social Security Act to allow the Secretary and the Coast Guard to receive from the Secretary of Health and Human Services information from the Medicare and Medicaid coverage data bank concerning responsibility for the payment of health care items and services furnished to beneficiaries of military personnel. (Sec. 702) Authorizes the Secretary to reimburse military health personnel for any professional license required for performing duty at a civilian health care facility as part of a resources exchange program. Subtitle B: Personnel Matters - Increases from $6,000 to $15,000 the incentive special pay for certain registered nurse anesthetists. Extends through FY 1998 the authority for certain nurse bonuses. Reduces from five to three the maximum years for a military member to be maintained on the temporary disability retired list. Subtitle C: Other Matters - Allows a person placed in the home of a member or former member of the armed forces for adoption to be considered a dependent for purposes of eligibility for certain health benefits. (Sec. 722) Repeals a Federal provision prohibiting DOD funds from being used to perform abortions unless the life of the mother is in danger. (Sec. 723) Authorizes medical and dental care for abused dependents of military personnel who are discharged from service. Title VIII: Department of Defense Organization and Management - Subtitle A: Department of Defense - Revises provisions concerning the order of succession in the military departments. (Sec. 802) Directs the Secretary of Defense (currently, the Secretary of the Army) to prepare mileage tables used for transportation allowance purposes. (Sec. 803) Amends the National Defense Authorization Act for Fiscal Year 1993 to: (1) extend through FY 1996 the authority of the Secretary to commemorate World War II; and (2) make permanent the authority for DOD to share equitably the costs of claims under international armaments programs. (Sec. 805) Redesignates the: (1) Deputy Under Secretary of Defense for Acquisition and Technology as the Principal Deputy Under Secretary of Defense for Acquisition and Technology; and (2) Deputy Under Secretary of Defense for Policy as the Principal Deputy Under Secretary of Defense for Policy. (Sec. 807) Repeals the requirement that the DOD Comptroller be the Chief Financial Officer of DOD. Redesignates the Comptroller as the Under Secretary of Defense (Comptroller). Subtitle B: Professional Military Education - Authorizes the Secretary to hire civilian faculty members for the Information Resources Management College of the National Defense University. Subtitle C: Education Matters - Makes general revisions to the Defense Department Overseas Teachers Pay and Personnel Practices Act. (Sec. 823) Authorizes the Secretary to provide for the elementary and secondary education of dependents of federally employed personnel and military personnel when the appropriate educational programs are not available through local education agencies in the United States. Subtitle D: Other Matters - Expands DOD authority to receive voluntary services. Repeals a Federal provision prohibiting the use of DOD appropriations to contract for firefighting or security guard functions at any military facility. (Sec. 833) Provides a two-year statute of limitations with respect to claims for unpaid minimum wages, overtime, or liquidated damages under the Fair Labor Standards Act of 1938. Title IX: General Provisions - Subtitle A: Financial Matters - Exempts routine administrative adjustments to Federal pay from certain employee due process requirements (such as 30 days' prior notification). (Sec. 902) Amends the Contract Disputes Act of 1978 to revise the method of the payment of interest on contractor claims. Subtitle B: Civilian Employee Pay Matters - Extends specified expiring authorities with respect to: (1) reduction in force notification requirements under the National Defense Authorization Act for Fiscal Year 1993; and (2) Federal employee provisions relating to separation pay, the restoration of certain accumulated leave, and the continuation of health benefits for DOD employees involuntarily separated due to a reduction in force. (Sec. 912) Provides travel, transportation, and relocation expenses for DOD employees who are separated from employment and selected for service with the Postal Service. (Sec. 913) Limits severance pay for certain civilian employees who move from an appropriated to a nonappropriated fund position. Subtitle C: Other Matters - Authorizes members and units of the National Guard to provide transportation and other support services to certain youth organizations, including the Boy and Girl Scouts, Boys and Girls Clubs, YMCA, and YWCA. (Sec. 922) Prohibits anyone from using the words "Defense Mapping Agency" or its initials, seal, or other imitation except with the written permission of the Secretary. Provides for enforcement. Prohibits claims or actions against the United States based upon the preparation or dissemination by such Agency of any navigational aid. (Sec. 924) Authorizes the Secretary of the Air Force to reimburse the Civil Air Patrol for the cost of maintaining a staff at its national headquarters. Provides for the employment of retired Air Force officers with the Patrol, with continuation of all retired pay benefits. (Sec. 925) Prohibits funds appropriated to DOD from being used for research involving humans as experimental subjects, unless conducted within regulations prescribed by the Secretary. (Sec. 926) Authorizes the Secretary to conduct military-to-military contacts and comparable activities designed to promote the democratic orientation of the defense establishments and military forces of other countries. (Sec. 927) Authorizes appropriations for FY 1995 for the purchase of sealift vessels for the Ready Reserve. Allows for the transfer of funds for such purposes. Title X: Matters Relating to Allies, Other Nations, and International Organizations - Authorizes the Secretary to acquire, from the United Nations or other such organizations of which the United States is a member, logistic support for forces deployed outside the United States. Authorizes the Secretary to enter into cross servicing agreements with such organizations for the provision of logistic support, supplies, and services. Includes such organizations within current methods of payment for acquisitions and transfers, as well as limitations on amounts that may be obligated or accrued by the United States for the acquisition of supplies. Title XI: Peacekeeping and Related Matters - Authorizes the President to provide appropriate assistance to international peacekeeping and peace enforcement activities, and to make contributions on behalf of the United States for operations conducted by the United Nations. Requires reimbursement. Establishes in the Treasury the Contributions for International Peacekeeping and Peace Enforcement Activities Fund for deposit of reimbursed amounts, as well as appropriated amounts. Provides an annual reporting requirement. Authorizes appropriations. Title XII: Counterproliferation - Amends the National Defense Authorization Act for Fiscal Year 1993 to: (1) extend through FY 1995 the authority of the Secretary to provide assistance to support international nonproliferation activities; (2) extend through FY 1995 required quarterly reports concerning such assistance; (3) replace the On-Site Inspection Agency with DOD with regard to activities in support of the U.N. Special Commission on Iraq; (4) include among such financially assisted activities the dismantlement and destruction of nuclear, biological, and chemical weapons, as well as their delivery systems and related technologies; and (5) repeal fiscal year and funding limitations with regard to such assistance. Amends the National Defense Authorization Act for Fiscal Year 1994 to: (1) repeal certain reporting requirements and funding limitations; and (2) extend permanently the authority for studies relating to U.S. counterproliferation policy. Authorizes FY 1995 appropriations for conducting counterproliferation activities. Title XIII: Acquisition Reform - Authorizes the Secretary to enter into transactions other than contracts and agreements to carry out basic, applied, and advanced research projects through the Advanced Research Projects Agency. Amends the National Defense Authorization Act for Fiscal Year 1994 to: (1) allow the Secretaries of the military departments (currently, only the Secretary of Defense) to maintain lists of plants equipped to manufacture arms or ammunition; (2) ensure the Government's rights in technical data when providing the services of government laboratories and equipment; and (3) allow the President to order through the Secretaries of the military departments (currently, only the Secretary of Defense) products or materials to be used for industrial mobilization purposes. Provides for the public sale of vessels stricken by the Secretary of the Navy from the Naval Vessel Registry due to being unfit for service. Allows such vessels to be transferred to a State or local government or other entity or used for experimental purposes.
Bill· HRH.R. 4285 (103rd)referred
United States · United States Congress · 21 April 1994
Prohibits States from discriminating in the admission to the practice of law on the basis of whether applicants have completed the legal education program of a law school approved by the accrediting or certifying agency of the State in which the school is located, an educational accrediting agency recognized by the State in which the school is located, or the American Bar Association.
Bill· HRH.R. 4290 (103rd)referred
United States · United States Congress · 21 April 1994
Bosnia and Herzegovina Self-Defense Act of 1994 - Directs the President to terminate the U.S. arms embargo of the Government of Bosnia and Herzegovina upon receipt of a request from such government for assistance in exercising its right of self-defense under the United Nations Charter. Authorizes the President to direct the drawdown of defense articles and services and military education and training to provide assistance to Bosnia and Herzegovina if it makes such request. Limits the amount of such assistance. Bars members of the U.S. armed forces who provide such assistance from performing combatant duties outside of the United States. Authorizes appropriations.
Bill· SS. 2036 (103rd)referred
United States · United States Congress · 20 April 1994
Indian Self-Determination Contract Reform Act of 1994 - Amends the Indian Self-Determination and Education Assistance Act to prescribe contract terms entered into between an Indian tribe and the Bureau of Indian Affairs or the Indian Health Service. Prohibits the Secretaries of the Interior or of Health and Human Services from promulgating regulations under such Act.
Bill· SS. 2034 (103rd)open
United States · United States Congress · 20 April 1994
Education Infrastructure Act of 1994 - Directs the Secretary of Education to award grants to eligible local educational agencies to meet the National Education Goals through repair, renovation, alteration, and construction of public elementary or secondary school libraries, media centers, or facilities, used for academic or vocational instruction, including certain authorized activities. Sets forth requirements for: (1) maintenance of effort, supplementation of non-Federal funds, and general limitations; (2) minority small business participation as project contractors or subcontractors, and payment of wages in accordance with the Davis-Bacon Act; and (3) Federal evaluation. Authorizes the comprehensive regional centers to provide technical assistance to such projects. Authorizes appropriations.