Bruce A. Morrison, of Connecticut, to be a Director of the Federal Housing Finance Board for a term expiring February 27, 2000, vice William C. Perkins, resigned.
United States · United States Senate · 1 December 1994
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United States · United States Senate · 1 December 1994
United States · United States Senate · 1 December 1994
United States · United States Congress · 8 October 1994
Housing Programs Extension Act of 1994 - Authorizes section 8 housing contract extensions and related displaced tenant assistance. Authorizes appropriations. Amends the Housing and Community Development Act of 1987 to extend funding for the low-income housing preservation and ownership program. Amends the National Housing Act to extend authority to use rental assistance amounts for flexible subsidies. Amends the Housing and Urban Development Act of 1968 to extend authority for housing counseling programs. Amends the United States Housing Act of 1937 to extend set-asides for reconstruction of public housing for disabled families. Amends the Housing Act of 1949 to extend rural housing set asides for: (1) underserved areas; and (2) rental housing funds for nonprofit entities. Makes rural multifamily rental housing loan authority permanent. Amends the Housing and Community Development Act of 1992 to extend authority for the multifamily mortgage risk-sharing pilot program. Amends the Cranston-Gonzalez National Affordable Housing Act to extend community development block grant set-asides for colonias.
United States · United States Congress · 7 October 1994
TABLE OF CONTENTS: Title I: Federal Commitment to Urban Economic Development Title II: Tax Incentives to Stimulate Urban Economic Development Title III: Community Regulatory Relief Title IV: Community-Based Housing Development Title V: Response to Urban Environmental Challenges Subtitle A: Environmental Cleanup Subtitle B: Environmental-Economic Recovery New Urban Agenda Act of 1994 - Title I: Federal Commitment to Urban Economic Development - Amends the Office of Federal Procurement Policy Act to require executive agencies to expend not less than 15 percent in a fiscal year for the purchase of goods from businesses located in empowerment zones, enterprise communities, or enterprise zones. Requires agencies, to the maximum extent practicable, to purchase recycled products from businesses located in such zones. (Sec. 102) Requires not less than 15 percent of foreign assistance provided in a fiscal year to be for the purchase of U.S. goods produced, manufactured, or assembled in such zones. (Sec. 103) Directs the Secretary of Commerce, in designating and providing financial assistance to Manufacturing Technology Outreach Centers, to give preference to centers located in such zones. (Sec. 104) Establishes a preference for the construction, improvement, or relocation of Federal facilities in distressed urban areas. Title II: Tax Incentives to Stimulate Urban Economic Development - Amends the Internal Revenue Code with respect to the offset for rental real estate activities under passive activity rules to increase the rehabilitation credit under such rules. (Sec. 202) Allows the rehabilitation investment credit to offset a portion of tentative minimum tax. (Sec. 203) Allows the issuance of tax-exempt facility bonds for sports facilities, convention or trade show facilities, freestanding parking facilities, air or water pollution control facilities, or industrial parks. Makes termination dates on such tax-exempt bonds inapplicable to bonds issued to finance manufacturing facilities. (Sec. 204) Increases the permitted amount of qualified small issue bonds for facilities to be used by related persons. (Sec. 205) Provides an exception to arbitrage interest rebate provisions if 100 percent of available construction proceeds are spent for governmental purposes within three years of the issuance of the tax-exempt bonds. Title III: Community Regulatory Relief - Provides that any requirement under a Federal statute or regulation which creates a Federal mandate shall apply to State or local government only if all funds necessary to pay the direct costs incurred by the government in conducting the activity are provided by the Federal Government for the fiscal year in which the direct cost is incurred. Requires the Director of the Congressional Budget Office to analyze the effects of each bill or resolution on each state and local government's compliance with a Federal mandate. Requires each measure reported or considered in either House of the Congress to be accompanied by such analyses. Requires reports by the Director to the President and the Congress estimating the direct costs of such compliance for each fiscal year in which a Federal mandate will be in effect. Title IV: Community-Based Housing Development - Amends the United States Housing Act of 1937 to increase section 8 rental subsidies. (Sec. 402) Directs the Secretary of Housing and Urban Development to report to the Comptroller General on the feasibility of consolidating existing public and low-income housing programs into a comprehensive block grant system of Federal aid. Requires the Comptroller General to report to the Congress with an analysis of such report and recommendations. (Sec. 403) Provides, when practicable, for the reconstruction of public housing dwelling units on the same property on which such units were demolished or disposed, and for the relocation of displaced tenants to such new units. Title V: Response to Urban Environmental Challenges - Subtitle A: Environmental Cleanup - Amends the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 to exclude local governments that are owners or operators of facilities in distressed urban areas from liability under such Act. Requires the President to establish standards for the degree of cleanup of hazardous substances, pollutants, and contaminants released into the environment for facilities located in distressed urban areas. Subtitle B: Environmental-Economic Recovery - Authorizes the Secretary of Energy to make no more than three loans to units of local government for distressed urban areas for the establishment of facilities to dispose of, and obtain inexpensive electrical power and steam from, solid waste. Requires a report to the Congress on the results of financing such facilities.
United States · United States Congress · 7 October 1994
TABLE OF CONTENTS: Title I: Physical Capital Investment Subtitle A: Highways and Mass Transit Subtitle B: Airports Subtitle C: Railroads Subtitle D: Water and Sewage Treatment Facilities Subtitle E: Environmental Restoration Subtitle F: Community Development Assistance Subtitle G: Education Infrastructure Subtitle H: Renewable Energy and Energy Efficiency Title II: Human Capital Investment Subtitle A: Job Training Subtitle B: Education Subtitle C: Head Start Subtitle D: Programs Under Public Health Service Act Title III: Amendments of Internal Revenue Code of 1986 Subtitle A: Reduction in Employee Payroll Taxes; Credit for First-Time Homebuyers Subtitle B: Revenue Increases Title IV: Appropriations Title I: Physical Capital Investment - Subtitle A: Highways and Mass Transit - Amends the Intermodal Surface Transportation Efficiency Act of 1991 to authorize additional appropriations from the Highway Trust Fund (other than the Mass Transit Account) for interstate maintenance, surface transportation, and bridges. (Sec. 1002) Amends the Federal Transit Act to authorize additional appropriations and make available additional funding from the Mass Transit Account for certain formula grants and discretionary grants transit programs. Subtitle B: Airports - Amends the Airport and Airway Improvement Act of 1982 to make available additional amounts for airport improvement program grants (including grants for airport noise compatibility planning). Subtitle C: Railroads - Amends the Department of Transportation Act to increase and extend the authorization of appropriations for local rail freight assistance. Subtitle D: Water and Sewage Treatment Facilities - Amends the Federal Water Pollution Control Act to extend the authorization of appropriations for State water pollution control revolving funds. Subtitle E: Environmental Restoration - Provides funds for environmental restoration at facilities of the Departments of Defense and of Energy. Sets forth various authorizations of appropriations and makes appropriations for such purposes. Subtitle F: Community Development Assistance - Chapter 1: Community Development Block Grants - Authorizes additional appropriations for community development block grants under the Housing and Community Development Act of 1974. Chapter 2: Community Banking and Economic Empowerment Act - Community Banking and Economic Empowerment Act - Directs the Secretary of Housing and Urban Development (HUD) to provide capital, operating, and technical assistance to community development lenders and certain eligible entities in order to: (1) make credit-related services available to low-income persons inadequately served by traditional lending institutions; and (2) promote development and revitalization of low-income neighborhoods. Delineates the purposes for which the Secretary of HUD may provide assistance to community development lenders and to the eligible entities establishing those lenders. Prescribes guidelines for assisted community development lenders, including assistance agreements and auditing procedures. (Sec. 1520) Amends the Community Reinvestment Act to preclude a regulated financial institution from receiving either an "outstanding" or a "satisfactory" rating for meeting community credit needs solely on the basis of its loans or investments in community development lenders. (Sec. 1521) Requires annual reports to the Congress. (Sec. 1524) Authorizes appropriations for: (1) capital and operating assistance for community development lenders; and (2) technical assistance for organizing and operating community development lenders. Subtitle G: Education Infrastructure - Education Infrastructure Act of 1994 - Directs the Secretary of Education to award grants to eligible local educational agencies to meet the National Education Goals through repair, renovation, alteration, and construction of public elementary or secondary school libraries, media centers, or facilities, used for academic or vocational instruction, including certain authorized activities. Authorizes appropriations. (Sec. 1606) Sets forth requirements for: (1) priorities in selection of applications; (2) maintenance of effort, supplementation of non-Federal funds, and general limitations; (3) minority small business participation as project contractors or subcontractors, and payment of wages in accordance with the Davis-Bacon Act; and (4) Federal evaluation. (Sec. 1610) Authorizes the comprehensive regional centers to provide technical assistance to such projects. Subtitle H: Renewable Energy and Energy Efficiency - Authorizes additional appropriations to the Secretary of Energy for renewable energy research, development, and demonstration programs described in specified provisions of the Renewable Energy and Efficiency Technology Competitiveness Act of 1989. (Sec. 1702) Amends the National Energy Conservation Policy Act to increase and extend the authorization of appropriations for the Federal Energy Efficiency Fund and the new technology demonstration program. Title II: Human Capital Investment - Subtitle A: Job Training - Amends the Job Training Partnership Act (JTPA) to establish an allied health professional job training program. Directs the Secretary of Labor to make grants to institutions of higher education to establish job training assistance programs for at-risk youths and long-term welfare recipients to become allied health professionals. Authorizes appropriations. Increases the authorization of appropriations for the following youth job training programs: (1) Youth Fair Chance under JTPA; and (2) Youthbuild under the Homeownership and Opportunity Through HOPE Act. Subtitle B: Education - Extends and increases the authorizations of appropriations for certain programs for educational personnel under the Adult Education Act and the Elementary and Secondary Education Act of 1965. Subtitle C: Head Start - Amends the Head Start Act to extend and increase the authorization of appropriations for Head Start programs. Subtitle D: Programs Under Public Health Service Act - Chapter 1: Funding Initiative for Programs Providing Health Services - Authorizes additional appropriations for the following programs under the Public Health Service Act: (1) community health centers; (2) migrant health centers; (3) health care for the homeless; (4) preventive services regarding tuberculosis, breast and cervical cancer, lead exposure, HIV disease, and prostate cancer; (5) immunization; (6) cancer registries; (7) comprehensive school health education; (8) prevention and control of sexually transmitted diseases, diabetes, and injuries; (9) child day care health and safety; (10) asthma; (11) environmental health, including response to urgent environmental threats to public health and environmental services regarding the health of individuals in the United States in the vicinity of the Mexican border; (12) block grants for community mental health services, prevention and treatment of substance abuse, and preventive health services; and (13) scholarship and loan repayment programs of the National Health Service Corps. Authorizes additional appropriations for the maternal and child health block grant program under the Social Security Act. Chapter 2: Community Health Advisor Program - National Community Health Advisor Act - Directs the Secretary of Health and Human Services, for each State or State-designated entity that submits an appropriate application, to award formula grants for the development and operation of community health advisor (CHA) programs. Requires such States to: (1) operate a clearinghouse to maintain and disseminate information on CHA programs; (2) provide technical assistance for training CHAs; and (3) coordinate all CHA activities carried out by the State under the award. Limits administrative costs to 15 percent of the total award. (Sec. 2314) Provides CHA program objectives and goals. Requires funding agreements for such awards to give priority to developing and operating CHA programs for medically underserved communities (poor rural and inner city areas). (Sec. 2315) Requires a State to provide matching funds of 25 percent of award amounts toward such programs. Requires a CHA program in a State to be carried out in at least one urban area and one rural area. Requires ongoing supervision of CHAs involved in the program. Allows for expenditures under the award for training and continuing education programs. Requires reports from State applicants to the Secretary assessing the effectiveness of CHA programs. (Sec. 2317) Provides for the determination of the amount allotted to each chosen applicant, taking into account the population and poverty level of the area involved. (Sec. 2318) Directs the Secretary to establish guidelines for quality assurance and cost-effectiveness of the CHA programs. (Sec. 2319) Requires evaluations of each such program. (Sec. 2320) Prohibits this chapter from being construed to require the Secretary to modify or terminate the Community Health Representative Program of the Indian Health Service. (Sec. 2322) Authorizes appropriations for the CHA program. Title III: Amendments of Internal Revenue Code of 1986 - Subtitle A: Reduction in Employee Payroll Taxes; Credit for First-Time Homebuyers - Amends the Internal Revenue Code (IRC) to provide a refundable credit for a portion of social security taxes for taxable years 1995 and 1996, equal to 20 percent of the taxpayer's social security taxes for that year, up to a maximum credit of $200, or $400 for a joint return. (Sec. 3002) Allows a nonrefundable personal credit for purchase of a principal residence by a first-time homebuyer. Sets such maximum overall credit at no more than $6,000. Subtitle B: Revenue Increases - Amends the IRC to establish a stock transfer excise tax. (Sec. 3102) Repeals a preferential rate of tax on capital gains. (Sec. 3103) Provides for a carryover basis for certain property acquired from a decedent. Provides for nonrecognition of gain where certain appreciated carryover basis property is used in satisfaction of a pecuniary bequest. Sets forth a procedure for binding determination of initial basis of carryover basis property. Sets forth requirements for information regarding carryover basis property acquired from a decedent. Sets penalties for negligent or fraudulent overstatement of initial basis and for failure to furnish such required information. Makes a $125,000 exclusion available to the spouse of a decedent in certain cases. (Sec. 3104) Allows unused capital loss carryovers to be transferred to an estate. Provides capital gain treatment for inherited art or similar property. Title IV: Appropriations - Appropriates amounts authorized under this Act. (Sec. 4002) Designates the entire amount appropriated under this Act as an emergency requirement under the Balanced Budget and Emergency Deficit Control Act of 1985.
United States · United States Congress · 7 October 1994
TABLE OF CONTENTS: Title I: Federal Commitment to Urban Economic Development Title II: Tax Incentives to Stimulate Urban Economic Development Title III: Community Regulatory Relief Title IV: Community-Based Housing Development Title V: Response to Urban Environmental Challengers Subtitle A: Environmental Cleanup Subtitle B: Environmental-Economic Recovery New Urban Agenda Act of 1994 - Title I: Federal Commitment to Urban Economic Development - Amends the Office of Federal Procurement Policy Act to require executive agencies to expend not less than 15 percent in a fiscal year for the purchase of goods from businesses located in empowerment zones, enterprise communities, or enterprise zones. Requires agencies, to the maximum extent practicable, to purchase recycled products from businesses located in such zones. (Sec. 102) Requires not less than 15 percent of foreign assistance provided in a fiscal year to be for the purchase of U.S. goods produced, manufactured, or assembled in such zones. (Sec. 103) Directs the Secretary of Commerce, in designating and providing financial assistance to Manufacturing Technology Outreach Centers, to give preference to centers located in such zones. (Sec. 104) Establishes a preference for the construction, improvement, or relocation of Federal facilities in distressed urban areas. Title II: Tax Incentives to Stimulate Urban Economic Development - Amends the Internal Revenue Code with respect to the offset for rental real estate activities under passive activity rules to increase the rehabilitation credit under such rules. (Sec. 202) Allows the rehabilitation investment credit to offset a portion of tentative minimum tax. (Sec. 203) Allows the issuance of tax-exempt facility bonds for sports facilities, convention or trade show facilities, freestanding parking facilities, air or water pollution control facilities, or industrial parks. Makes termination dates on such tax-exempt bonds inapplicable to bonds issued to finance manufacturing facilities. (Sec. 204) Increases the permitted amount of qualified small issue bonds for facilities to be used by related persons. (Sec. 205) Provides an exception to arbitrage interest rebate provisions if 100 percent of available construction proceeds are spent for governmental purposes within three years of the issuance of the tax-exempt bonds. Title III: Community Regulatory Relief - Provides that any requirement under a Federal statute or regulation which creates a Federal mandate shall apply to State or local government only if all funds necessary to pay the direct costs incurred by the government in conducting the activity are provided by the Federal Government for the fiscal year in which the direct cost is incurred. Requires the Director of the Congressional Budget Office to analyze the effects of each bill or resolution on each state and local government's compliance with a Federal mandate. Requires each measure reported or considered in either House of the Congress to be accompanied by such analyses. Requires reports by the Director to the President and the Congress estimating the direct costs of such compliance for each fiscal year in which a Federal mandate will be in effect. Title IV: Community-Based Housing Development - Amends the United States Housing Act of 1937 to increase section 8 rental subsidies. (Sec. 402) Directs the Secretary of Housing and Urban Development to report to the Comptroller General on the feasibility of consolidating existing public and low-income housing programs into a comprehensive block grant system of Federal aid. Requires the Comptroller General to report to the Congress with an analysis of such report and recommendations. (Sec. 403) Provides, when practicable, for the reconstruction of public housing dwelling units on the same property on which such units were demolished or disposed, and for the relocation of displaced tenants to such new units. Title V: Response to Urban Environmental Challenges - Subtitle A: Environmental Cleanup - Amends the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 to exclude local governments that are owners or operators of facilities in distressed urban areas from liability under such Act. Requires the President to establish standards for the degree of cleanup of hazardous substances, pollutants, and contaminants released into the environment for facilities located in distressed urban areas. Subtitle B: Environmental-Economic Recovery - Authorizes the Secretary of Energy to make no more than three loans to units of local government for distressed urban areas for the establishment of facilities to dispose of, and obtain inexpensive electrical power and steam from, solid waste. Requires a report to the Congress on the results of financing such facilities.
United States · United States Congress · 7 October 1994
TABLE OF CONTENTS: Title I: Reduction of Certain Tax Benefits for Higher Income Taxpayers and Establishment of Housing Trust Fund Title II: Administration of Housing Trust Fund and Entitlement Program for Formula Grants for Affordable Housing Federal Housing Trust Fund Act of 1994 - Title I: Reduction of Certain Tax Benefits for Higher Income Taxpayers and Establishment of Housing Trust Fund - Amends the Internal Revenue Code to: (1) limit mortgage interest and property tax deductions for taxpayers whose adjusted gross income exceeds $75,000; (2) treat property acquired from a decedent as property acquired by gift for purposes of basis determinations; (3) phase in capital gains tax on inherited property; and (4) create in the Treasury the Housing Trust Fund (Fund). Title II: Administration of Housing Trust Fund and Entitlement Program for Formula Grants for Affordable Housing - Directs the Secretary of Housing and Urban Development to make affordable housing grants from the Fund to qualifying entities. Requires such entities to carry out housing costs and housing supply assistance programs. Establishes a Housing Trust Fund Advisory Committee. Amends the Department of Housing and Urban Development Act to establish in the Department of Housing and Urban Development a position of Administrator of the Housing Trust Fund.
United States · United States Congress · 7 October 1994
Native American Financial Services Organization Act of 1994 - Establishes the Native American Financial Services Organization (Organization) to assist in improving Native American housing and economic situations including the creation of Native American Financial Institutions. Authorizes a Native American lending services grant. Sets forth Organization regulation capitalization provisions. Sets forth Organization regulation, examination, and reporting provisions. Provides for the formation of a new Organization under the laws of any Tribe, State, or the District of Columbia. Authorizes appropriations for: (1) Native American Financial Institutions; and (2) the Organization.
United States · United States Congress · 7 October 1994
TABLE OF CONTENTS: Title I: Persian Gulf War Veterans Title II: Board of Veterans' Appeals Administration Title III: Adjudication Improvements Title IV: Veterans' Claims Adjudication Commission Title V: Miscellaneous Provisions Title VI: Education and Training Programs Title VII: Employment Programs Title VIII: Cemeteries and Memorial Affairs Title IX: Housing Programs Title X: Homeless Veterans Programs Title XI: Reductions in Department of Veterans Affairs Personnel Title XII: Technical and Clerical Amendments Veterans' Benefits Improvements Act of 1994 - Title I: Persian Gulf War Veterans - Persian Gulf War Veterans' Benefits Act - Directs the Secretary of Veterans Affairs to develop and implement a uniform and comprehensive medical evaluation protocol that will ensure appropriate medical assessment, diagnosis, and treatment of Persian Gulf War (War) veterans who are suffering from illnesses the origin of which are unknown but may be attributable to service in the Southwest Asia theater of operations during the War. Requires the protocol to include an evaluation of complaints relating to illnesses involving the reproductive system. Requires a report to the Senate and House Veterans' Affairs Committees (veterans' committees) if the protocol has not been developed within 120 days after enactment of this Act. Requires the Secretary to ensure that information collected through the protocol is collected and maintained in a manner that permits the effective and efficient cross-reference of such information with information collected and maintained through the comprehensive clinical protocols of the Department of Defense (DOD) for War veterans. (Sec. 105) Directs the Secretary to implement a comprehensive outreach program to inform War veterans and their families of the medical care and other benefits that may be provided by the Department of Veterans Affairs (VA) and DOD arising from service in the War. Requires such outreach program to include: (1) a semiannual newsletter distributed to veterans listed on the Persian Gulf War Veterans Health Registry; and (2) the establishment of a toll-free telephone number to provide War veterans and their families information on the Registry and health care and other benefits provided by the VA. (Sec. 106) Authorizes the Secretary to pay compensation to any War veteran suffering from a chronic disability resulting from an undiagnosed illness that: (1) became manifest during service on active duty during the War; or (2) became manifest to a degree of ten percent or more within a presumptive period (such period to be prescribed by the Secretary) after such service . Requires a report and appropriate regulations. (Sec. 107) Directs the Secretary to conduct a study of the health status of spouses and children of War veterans, including diagnostic testing and appropriate medical examinations. Requires the Secretary to develop standard protocols and guidelines for such testing and examinations in order to ensure the uniform development of the medical data. Requires study results to be entered into the Registry. Requires the Secretary to: (1) conduct appropriate outreach activities in connection with the study; (2) make the protocols and guidelines developed under such study available outside the VA; and (3) provide study reports to the Congress. (Sec. 108) Amends the Persian Gulf War Veterans' Health Status Act to include diagnostic tests within the allowable scope of health examinations provided under such Act for veterans eligible for inclusion in health-related registries. (Sec. 109) Authorizes the Secretary to carry out a survey of the incidence and nature of health problems occurring in War veterans and their families. (Sec 110) Authorizes the Secretary to carry out an epidemiological study on the health consequences of service in the War if the National Academy of Sciences (NAS) includes in a required report a finding that a sound basis exists for such a study. Requires certain oversight. Authorizes appropriations. (Sec. 111) Allows surviving spouses eligible for dependency and indemnity compensation to elect to instead receive a death pension. Limits the FY 1995 cost-of-living increases for various veterans' compensation to the percentage increase under title II (Old age, survivors and disability insurance) of the Social Security Act beginning on December 1, 1994. Title II: Board of Veterans' Appeals Administration - Requires members of the Board of Veterans' Appeals other than the Chairman to be appointed by the Secretary, with the President's approval, based upon recommendations of the Chairman. Directs the Chairman to establish a panel of Board members to review the performance of each member at least every three years. Provides for the granting of a conditional recertification or recommendation for noncertification of a Board member not meeting the required performance standards. (Sec. 202) Requires Board member performance standards to be established within 90 days after enactment of this Act. Requires a report. (Sec. 203) Allows a Board Chairman to continue in such office until either reappointment or the appointment of a successor. Title III: Adjudication Improvements - Authorizes the Secretary to accept the written statement of a claimant as proof of the existence of a marriage or its dissolution, the birth of a child, or the death of a family member. Authorizes the acceptance of reports of private physician medical examinations in support of a claim for benefits. (Sec. 302) Directs the Secretary to take any necessary action to provide for the expeditious treatment of benefit claims that have been remanded from either the Board or the U.S. Court of Veterans Appeals (Court). (Sec. 303) Allows for the screening of appeals to: (1) determine the adequacy of the record for decisional purposes; or (2) develop a record found to be inadequate for decisional purposes. (Sec. 304) Directs the Secretary to report to specified congressional committees on the feasibility of the reorganization of the adjudication divisions located within the regional offices of the Veterans Benefits Administration. Title IV: Veterans' Claims Adjudication Commission - Establishes the Veterans' Claims Adjudication Commission to study and report to the Congress on the VA system for the disposition of claims for veterans' benefits. Provides Commission funding for FY 1995. Title V: Miscellaneous Provisions - Presumes a service connection (and, therefore, eligibility for veterans' disability compensation) between radiation exposure during the detonation of a nuclear device and radiation-related illness in a veteran, whether or not the nation conducting the nuclear test was the United States. (Sec. 502) Extends through December 31, 1999, the authority to maintain VA regional offices in the Republic of the Philippines. (Sec. 503) Allows for reapplication (without penalty) for veterans' pension benefits or parents' dependency and indemnity compensation within one year after renouncement of such rights. (Sec. 505) Adds to the list of herbicide-exposure related diseases and illnesses presumed to be service-connected and therefore compensable through veterans' disability compensation if they become manifest to a disability degree of ten percent or more: (1) Hodgkin's disease; (2) porphyria cutanea tarda; (3) respiratory cancers; and (4) multiple myeloma. (Sec. 506) Excludes from consideration as income, for purposes of eligibility for veterans' benefits, any cash, stock, land, or other interests received by an individual from a Native Corporation under the Alaska Native Claims Settlement Act. (Sec. 507) Eliminates the requirement for payment in Philippine pesos of certain veterans' compensation for service in the Philippine Scouts. (Sec. 508) Directs the Secretary to enter into an agreement for the Medical Follow-Up Agency of the Institute of Medicine of the NAS to convene a panel to evaluate the feasibility of carrying out a study of the relationship of exposure to certain ionizing radiation while participating in military service and the presence of certain birth- related defects and illnesses. (Sec. 509) Establishes in the VA a Center for Minority Veterans and a Center for Women Veterans. Requires the Secretary to include in annual budget documents detailed information on each Center's budget and a report on each Center's activities and accomplishments. (Sec. 510) Directs the Secretary to establish the Advisory Committee on Minority Veterans with respect to the administration of VA benefits for veterans who are minority group members. Requires an annual report from the Advisory Committee on its programs and activities. Defines "minority group members" as Asian Americans, Blacks, Hispanics, Native Americans, and Pacific-Islander Americans. Terminates the Advisory Committee on December 31, 1997. (Sec. 511) Provides that a notice of appeal of a final Board decision shall be deemed to be received by the Court on the date of its receipt or the date of the U.S. postal service postmark stamped on the envelope. Title VI: Education and Training Programs - Repeals the requirement that a course of flight training must commence before October 1, 1994, in order to be approved as a course of education under the veterans' basic educational assistance program for active-duty, reserve, and post-Vietnam era veterans. (Sec. 602) Authorizes the Secretary to use the facilities of any federally recognized Indian tribe in order to provide training and rehabilitative services for veterans with service-connected disabilities. Allows veterans to pursue on-job training or work experience on such facilities. (Sec. 603) Allows veterans to use basic educational assistance benefits for attending alternative teacher certification programs at educational institutions that provide State-approved programs. (Sec. 604) Prohibits a veteran, in using educational assistance benefits, from enrolling in a course outside the United States unless the institution is an approved institution of higher learning and the course is approved by the Secretary. (Sec. 605) Provides that approved programs of education under veterans' educational assistance benefits shall include certain correspondence programs from approved educational institutions. (Sec. 606) Increases from $12 to $13 million the annual amount authorized to be reimbursed by the VA to State educational approving agencies for travel and administrative expenses incurred in determining the qualifications of educational institutions under the veterans' educational assistance program. Eliminates the requirement of a quarterly report by such agencies relating to such expenses. Eliminates the requirement that the Secretary supervise the provision of course approval services by such agencies. (Sec. 608) Extends through December 31, 2003, the Veterans' Advisory Committee on Education. (Sec. 609) Increases from $5 to $6 million the annual fiscal year funding for VA contracting for veterans' educational and vocational counseling services. (Sec. 610) Amends the Service Members Occupational Conversion and Training Act of 1992 to: (1) eliminate the current 18-month limit on training for former military personnel for employment in stable and permanent positions; (2) revise the amount of payments made to employers under the program; and (3) allow entry into a job training program with the employer on the day that notice is transmitted to the implementing official. Title VII: Employment Programs - Designates within the Department of Labor a Deputy Assistant Secretary of Labor for Veterans' Employment and Training, to perform duties as prescribed by the Assistant Secretary of Labor for Veterans' Employment and Training. Requires disabled veterans' outreach program specialists to be paid at rates comparable to those paid other professionals performing essentially similar duties. Adds certain veterans to a list of those to be subjects of a biennial study concerning unemployment among categories of veterans. Requires a report to the Congress on the study's results. (Sec. 702) Allows contractors of contracts of $10,000 or more for the procurement of personal property and non-personal services to exclude certain positions from a requirement that such contractors first offer positions under such contract to disabled and Vietnam veterans. Excludes any amounts received under the All-Volunteer Force educational assistance program from the needs or qualification requirements of the veterans' employment and training programs. (Sec. 703) Makes certain conforming and clarifying amendments to the Employee Retirement Income Security Act of 1974 as necessitated by the Uniformed Services Employment and Reemployment Rights Act of 1994. Title VIII: Cemeteries and Memorial Affairs - Provides eligibility for burial in national cemeteries for: (1) spouses who predecease veterans; and (2) unremarried surviving spouses who had a subsequent remarriage which was terminated by death or divorce. (Sec. 803) Extends through FY 1999 the authorization of appropriations for grants to States for establishing, expanding, or improving veterans' cemeteries. (Sec. 804) Authorizes the Secretary to provide for flat grave markers at the Willamette National Cemetery, Oregon. Title IX: Housing Programs - Makes eligible under the veterans' home loan program: (1) former members of the Selected Reserve who were discharged or released before completing six years of service because of a service-connected disability; and (2) surviving spouses of reserve personnel who died while on active duty. Revises provisions regarding the determination of the aggregate home loan guaranty amount. (Sec. 903) Prohibits the use of veterans' home loan funds for the purchase or construction of new residential housing that is not served by a public or community water and sewage system. (Sec. 904) Authorizes the use of veterans' guaranteed home loan funds to refinance existing guaranteed loans to make home energy efficiency improvements and to refinance adjustable rate mortgages as fixed rate mortgages. (Sec. 906) Provides that, with regard to the veterans' home loan program, any manufactured housing unit properly displaying a certification of conformity with Federal home construction and safety standards pursuant to the National Manufactured Housing Construction and Safety Standards Act of 1974 shall be deemed to meet standards required by the VA. Authorizes the Secretary to deny guaranteed or direct loan financing in the case of other types of manufactured homes. Repeals a provision requiring housing inspection results to be reported annually to the Congress. (Sec. 907) Permits the VA to acquire property from the lender at the price provided for under applicable State law, whether or not the lender's bid at foreclosure exceeds such price. (Sec. 908) Includes, as an exception to the minimum two-year active duty service requirement for entitlement to certain veterans' benefits, military personnel discharged before such period due to a reduction in force. Title X: Homeless Veterans Programs - Directs the Secretary to report annually to the veterans' committees on VA activities during the preceding year to assist homeless veterans. (Sec. 1002) Amends the Veterans' Medical Programs Amendments of 1992 to: (1) require updates during FY 1995 through 1997 of assessments of VA programs for assisting the homeless; and (2) require the Secretary to report to the veterans' committees with regard to such assessments as well as progress made in developing a homeless veterans assistance plan. (Sec. 1003) Amends the Homeless Veterans Comprehensive Service Programs Act of 1992 to: (1) raise from four to eight the authorized number of demonstration centers for the provision of comprehensive services to homeless veterans; and (2) repeal a prohibition on the use of funds to carry out certain provisions of such Act unless expressly provided for in an appropriations Act. (Sec. 1005) Expresses the sense of the Congress calling for a more proportionate share of Federal homeless assistance funds to be appropriated to the Secretary to assist homeless veterans. Requests the Secretary to encourage Federal agencies that provide assistance to the homeless to be aware of and make referrals to the VA for homeless assistance benefits. Title XI: Reductions in Department of Veterans Affairs Personnel - Requires a minimum number of 224, 377 full-time equivalent positions in the VA during a fiscal year from the date of enactment of this Act until September 30, 1999. Excludes certain full-time personnel from those to be considered full-time for purposes of the Federal Workforce Restructuring Act of 1994, including personnel paid with funds other than appropriated funds. Prohibits the Secretary from reducing the number of full-time VA personnel unless: (1) necessary due to a reduction in available funds; or (2) required under a law enacted after enactment of this provision which specifically refers to this provision. Requires a report from the Secretary to the veterans' committees annually through 2000 on any such reductions. (Sec. 1103) Precludes from application during FY 1995 through 1999 certain Federal provisions prohibiting the VA from contracting to have VA direct patient care or activities incident to such care from being converted to activities performed by non-VA providers. Requires that, whenever any activity at a VA health-care facility is so converted, the Secretary must: (1) require in the contract an employment priority for VA employees displaced due to the contract; and (2) provide to such former employees all possible assistance in obtaining other Federal employment or job training or retraining. Directs the Secretary to report annually to the Congress on all contracting-out authority exercised. (Sec. 1104) Directs the Secretary to enter into an agreement with a non-federal entity under which such entity carries out a study of the feasibility and advisability of alternative organizational structures for the provision of health care services to veterans. Requires the Secretary to submit such report to the veterans' committees. Authorizes appropriations. Title XII: Technical and Clerical Amendments - Makes technical and clerical amendments to Federal veterans' benefits provisions.
United States · United States Congress · 7 October 1994
Housing Programs Extension Act of 1994 - Directs the Secretary of Housing and Urban Development to offer owners 24-month extensions of expiring section 8 assistance contracts. Authorizes tenant displacement assistance in cases of unextended contracts. Authorizes appropriations. Amends the United States Housing Act of 1937 to: (1) include Rockland County, New York, as a special median income area; (2) reduce disaster and emergency modernization funding set-asides; and (3) set aside specified modernization funds for anti-crime activities. Amends the Housing and Community Development Act of 1987 to extend set-aside grant authority through FY 1995 for low-income housing preservation and homeownership acquisition grants and technical assistance and capacity building. Amends the National Housing Act to authorize appropriations for the flexible subsidy program. Amends the Housing and Urban Development Act of 1968 to authorize appropriations for specified housing counseling services. Amends the United States Housing Act of 1937 to extend set-aside authority for public housing reconstruction for disabled families. Provides for: (1) assistance conversion of a certain project in Michigan and Pennsylvania; (2) rehabilitation compliance for certain projects in New Jersey; and (3) eligibility of certain public housing for demolition in Texas. (Sec. 3) Amends the Housing Act of 1949 with regard to rural housing to: (1) extend the underserved area set-aside; (2) eliminate the termination date for the multifamily housing loan insurance program; (3) extend the set-aside for rental housing funds for nonprofit entities; (4) make certain properties in North Carolina eligible for rural homeownership loans; and (5) consider South Tucson, Arizona, a rural area. (Sec. 4) Amends the Housing and Community Development Act of 1992 to extend the multifamily housing mortgage risk-sharing program. (Sec. 5) Amends the Cranston-Gonzalez National Affordable Housing Act to extend community development block grant (CDBG) set-asides for colonias. Amends the Housing and Community Development Act of 1994 to: (1) extend CDBG public services limitations; and (2) provide certain cities and a county in California with a 20 percent CDBG public services use limit. Authorizes Pittsburgh and Wilkes-Barre, Pennsylvania, to retain and use certain urban development action grant funds. Directs the Secretary to cancel certain housing and related debts for Richmond, Virginia, and Lockport Township, Illinois. Amends the Housing and Community Development Act of 1992 to extend insurance authority and authorization of appropriations (including mortgage and community development assistance) for the New Towns Demonstration Program for Los Angeles, California. Amends the Housing and Community Development Act of 1974 to authorize appropriations for the Earth Conservancy in Luzerne County, Pennsylvania, to reclaim coal mining-damaged land. (Sec. 6) Amends Federal law to permit qualifying State agencies to be treated as sureties.
United States · United States Congress · 6 October 1994
Base Closure Community Redevelopment and Homeless Assistance Act of 1994 - Amends the Defense Base Closure and Realignment Act of 1990 to direct the Secretary of Defense (Secretary), with respect to the use or transferability of any portion of a military installation closed or to be closed under such Act, to: (1) identify the buildings and property for which the Department of Defense (DOD) or another Federal department or agency has a use or will accept a transfer; (2) identify any property as surplus; (3) submit to the Secretary of Housing and Urban Development (HUD) and to the redevelopment authority for such installation information on any property identified as surplus; and (4) publish in the Federal Register and the appropriate local newspaper information on the surplus property. Requires State and local governments, representatives of the homeless, and other parties interested in the surplus property to submit to the redevelopment authority (RA) a notice of interest in such property, with certain time limits. Requires the representative of the homeless to submit with such notice specific information with respect to the proposed homeless assistance program for such property, as well as certain assessments and descriptions. Directs the RA for each installation to prepare a redevelopment plan for such installation which includes legally binding agreements concerning the use of such property to assist the homeless. Requires redevelopment plan approval by the HUD Secretary. Expresses the sense of the Congress that the HUD Secretary, in completing a review of a plan, should take into consideration and be receptive to the predominant views on the plan of the communities in the vicinity of the installation covered by the plan. Requires an RA, upon completion of a redevelopment plan, to submit to the Secretary and the HUD Secretary an application containing such plan. Requires the Secretaries to complete a review of the plan within 60 days after receipt, including a determination as to whether such plan meets certain requirements with respect to the homeless population in the area, the availability of existing services to meet the needs of the homeless, and the suitability of the surplus property to meet such needs. Allows for the negotiation of plan deficiencies between the RA and the HUD Secretary during such review . Requires appropriate action by the parties concerned if the HUD Secretary determines a redevelopment plan to be inappropriate, including plan revision and resubmission by the RA. Provides for transfer to the representative of the homeless or the RA of surplus property for disposal, without consideration, under an approved redevelopment plan. Authorizes either Secretary to postpone any deadline related to plan consideration and approval in the interest of the communities affected. Provides transition provisions applicable to installations approved for closure before the enactment of this Act.
United States · United States Congress · 6 October 1994
TABLE OF CONTENTS: Title I: Workplace Fairness Subtitle A: Equal Remedies Act Subtitle B: Federal Employees Fairness Act Subtitle C: Congressional Employees Fairness Act Subtitle D: Sexual Harassment Subtitle E: Part-Time and Temporary Workers Protection Act Subtitle F: Unemployment Insurance Reform Subtitle G: Federal Temporary Workers Protection Act Subtitle H: Legislative Pay Equity Study Title II: Economic Opportunity Subtitle A: Women's Business Procurement Assistance Act Subtitle B: Microenterprise Opportunity Expansion Act Subtitle C: Equal Surety Bond Opportunity Act Subtitle D: Women and Minorities in Science and Engineering Work Force Act Subtitle E: Job Training Self-Sufficiency Act Title III: Work and Family Subtitle A: Child Care Public-Private Partnership Act Subtitle B: After-School Child Care Subtitle C: Dependent Care Tax Credit Refundability Subtitle D: Tax Incentives for Family-Friendly Workplaces Subtitle E: Federal Parental Leave for Education Activities Title IV: Economic Self-Sufficiency Subtitle A: Child Support Subtitle B: Pension Reform Subtitle C: Social Security Reform Subtitle D: Former Military Spouses Protection Subtitle E: Unremunerated Work Act Economic Equity Act - Title I: Workplace Fairness - Subtitle A: Equal Remedies Act - Equal Remedies Act - Amends the Civil Rights Act of 1991 to remove limitations on the amount of compensatory and punitive damages that may be awarded in cases of intentional discrimination in employment. Subtitle B: Federal Employees Fairness Act - Federal Employee Fairness Act - Amends the Civil Rights Act of 1964 to permit a Federal employee filing a discrimination complaint to file it with the Equal Employment Opportunity Commission (EEOC). Makes it an unlawful employment practice if the employee demonstrates that the filing of a complaint contributed to an adverse personnel action against such employee. Requires that any such complaint filed with an agency other than the EEOC be transmitted to the EEOC. Sets forth procedures for filing and processing such complaints. Permits a Federal employee to file a complaint up to 180 days following an alleged discrimination. (Sec. 113) Amends the Age Discrimination in Employment Act of 1967 to permit the filing of a complaint with the EEOC in accordance with the amendments made to the Civil Rights Act of 1964 by this Act. Amends the Rehabilitation Act of 1973 to apply its remedies and attorney fee provisions to complaints by individuals with disabilities with respect to employment in the Library of Congress. (Sec. 114) Amends title V of the United States Code, concerning government organization and employees, to permit an employee, under a negotiated grievance procedure, to raise matters dealing with actions involving discrimination. Subtitle C: Congressional Employees Fairness Act - Congressional Employees Fairness Act - Makes applicable to the Congress: (1) the Fair Labor Standards Act of 1938; (2) Title VII of the Civil Rights Act of 1964; (3) specified provisions of the Americans With Disabilities Act of 1990 and the Age Discrimination in Employment Act of 1967; and (4) the Family and Medical Leave Act of 1993. (Sec. 122) Makes applicable to the Congress any provision of Federal law to the extent that it relates to: (1) the terms and conditions of employment (including hiring, promotion, or demotion, salary and wages, overtime compensation, benefits, work assignments or reassignments, and termination) of employees; (2) protection from discrimination in personnel actions; (3) the health and safety of employees; (4) the availability of information to the public; or (5) other areas deemed appropriate by the Independent Office of Compliance (Office). (Sec. 123) Establishes the Office in the legislative branch to study and report to the Congress on the application of such laws. (Sec. 124) Sets forth provisions relating to congressional procedures for approval of the Board of Directors' recommendations relating to the application of future Federal laws to the Congress. Directs the Office to carry out an education program for Members of Congress and other employing authorities of the Congress respecting the laws applicable to them and a program to inform individuals of their rights under laws applicable to the Congress and under this Act. (Sec. 125) Requires the procedure for consideration of alleged violations of such laws to consist of the following steps: (1) counseling; (2) mediation; (3) formal complaint and hearing by a hearing board; and (4) judicial review of a hearing board's decision. (Sec. 129A) Authorizes a congressional employee or any Member of the Congress to petition the Personnel Appeals Board of the General Accounting Office to review a final decision if it is held to be unconstitutional. (Sec. 129D) Declares that any intimidation of, or reprisal against, any employee because of the exercise of a right under this Act constitutes an unlawful employment practice that may be remedied in the same manner under this Act as is a violation of a law made applicable to the Congress. (Sec. 129E) Requires the records and decisions of hearing boards to be made public if required for judicial review. (Sec. 129H) Limits a congressional employee to the judicial proceeding provided by this Act to redress prohibited practices. Subtitle D: Sexual Harassment - Sexual Harassment Prevention Act - Directs employers (including Federal and congressional agencies) to keep posted in conspicuous places a notice prepared or approved by the Equal Employment Opportunity Commission that sets forth: (1) the definition of sexual harassment found in the Code of Federal Regulations; (2) the fact that sexual harassment is a violation of the Civil Rights Act of 1964; (3) information describing how to file a complaint with the Commission alleging such harassment; (4) an address and toll-free number to be used to contact the Commission; and (5) other information required by the Commission. (Sec. 133) Provides for annual notices by employers to individual employees which provide such information and a description of the procedures used by the employers to resolve allegations of sexual harassment. Requires employers to provide to each supervisory employee information specifying the responsibility of, and the methods to be used by, such employee to ensure that immediate and corrective action is taken to address allegations of sexual harassment. (Sec. 134) Directs the Commission to make model notices and voluntary guidelines for procedures dealing with allegations of sexual harassment available to employers at no cost as well as a toll-free number for information regarding this Act. (Sec. 135) Prescribes civil penalties for willful violations of this Act. Subtitle E: Part-time and Temporary Workers Protection Act - Part-Time and Temporary Workers Protection Act - Amends the Internal Revenue Code to provide for the eligibility for unemployment compensation of certain individuals seeking part-time employment. (Sec. 143) Directs the Secretary of Labor, acting through the Commissioner of the Bureau of Labor Statistics, to conduct an annual survey relating to temporary workers. (Sec. 144) Amends the Employee Retirement Income Security Act of 1974 (ERISA) to set forth special participation, vesting, and accrual rules applicable to part-time and temporary employees. Allows limited reductions in employer-provided group health plan premiums for part-time employees. Modifies, with respect to employee benefit rights, the definition of "employee" to include persons who have performed at least 500 hours of service per year. Subtitle F: Unemployment Insurance Reform - Amends the Internal Revenue Code to provide for unemployment compensation eligibility for certain individuals who leave work or fail to return to work for certain qualified family-related reasons (for which they would be entitled to unpaid leave under the Family and Medical Leave Act of 1993, or would be so entitled if the employer were subject to such Act). Subtitle G: Federal Temporary Workers Protection Act - Amends Federal civil service law to extend Federal Employees Health Benefits Program coverage to temporary employees with the equivalent of one year of service within the preceding two years. Subtitle H: Legislative Pay Equity Study - Establishes the Commission on Employment Discrimination in the Legislative Branch to: (1) employ a nongovernmental consultant with expertise in job evaluation to study and compare the compensation paid within and between job classifications in the Library of Congress and to analyze its personnel policies and practices; (2) evaluate the Library's personnel policies and practices for compliance with title VII of the Civil Rights Act of 1964 and to make specific recommendations (other than any that would result in a pay reduction for any position) to the Congress for action necessary to achieve compliance; (3) develop a comprehensive plan for application of title VII principles throughout the legislative branch; and (4) make specific recommendations (other than any recommendation that, if implemented, would result in a reduction in the rate of pay payable for any position) to the Congress for improvement of personnel policies and practices in the legislative branch necessary to eliminate all forms of discrimination that adversely affect pay or working conditions of any employee. Title II: Economic Opportunity - Subtitle A: Women's Business Procurement Assistance Act - Women's Business Procurement Assistance Act - Amends the Small Business Act to require the President and the head of each Federal agency to include small business concerns owned and controlled by women within the Federal procurement contract process. (Sec. 205) Requires the Director of the Small and Disadvantaged Business Utilization section in each Federal agency to designate a "women-in-business" specialist responsible for the execution of programs designed to assist small business concerns owned and controlled by women. (Sec. 207) Establishes in the Small Business Administration the Office of Women's Business Ownership. (Sec. 208) Directs the Comptroller General to report to the Congress on the number of small businesses owned and controlled by women procuring Federal contracts. Expresses the sense of the Congress that if the number of such businesses procuring such contracts does not rise significantly, then further legislative steps should be taken. Subtitle B: Microenterprise Opportunity Expansion Act - Microenterprise Opportunity Expansion Act - Amends the Social Security Act to exclude certain small enterprise (microenterprise) business assets from accounting for public assistance purposes. (Sec. 213) Amends the Internal Revenue Code to authorize unemployment compensation for individuals starting microenterprises. (Sec. 214) Amends the Community Reinvestment Act of 1977 to treat microenterprise loans and grants as investments in a financial institution's community. (Sec. 215) Amends the Home Owners' Loan Act to treat microenterprise loans made by savings associations as qualified thrift investments. (Sec. 216) Amends the Housing and Community Development Act of 1974 to permit the use of assistance provided under the Act for the administrative and operating costs of entities assisting microenterprises. (Sec. 217) Requires each Federal banking agency to establish a Microenterprise Technical and Operations Office to offer technical assistance, training, and support for microenterprise start-ups, or institutions providing microenterprise financial services. (Sec. 218) Directs the Financial Institutions Examination Council to study and report to the Congress on the best means to make credit available for small businesses unable to obtain microenterprise loans and in need of credit in smaller amounts than is generally available from financial institutions or the Small Business Administration. Subtitle C: Equal Surety Bond Opportunity Act - Equal Surety Bond Opportunity Act - Cites activities constituting illegal discrimination with respect to surety bond issuance transactions. Mandates that a surety bond applicant be notified in writing of the reasons for denial of a surety bond. Subjects a surety to civil liability to the aggrieved applicant for violations of this Act. (Sec. 224) Proscribes Federal approval of a surety company that is not in compliance with this Act. Subtitle D: Women and Minorities in Science and Engineering Work Force Act - Women and Minorities in Science and Engineering Work Force Act - Establishes the Commission on the Advancement of Women in the Science and Engineering Work Forces. Terminates the Commission one year following submission of its required report. Authorizes appropriations. Subtitle E: Job Training Self-Sufficiency Act - Self-Sufficiency Standard Act - Amends the Job Training Partnership Act (JTPA) to establish economic self-sufficiency standards for disadvantaged adult training programs, according to a formula to be developed by the Secretary of Labor and local economic self-sufficiency tables to be developed by service delivery areas. (Sec. 245) Prohibits incentive grants to service delivery areas that do not have in effect, after two years, an approved local economic self-sufficiency standards table. (Sec. 246) Requires inclusion of such a table and related reports in the job training plan and in the Governor's coordination and special services plan. (Sec. 248) Directs the Secretary to make up to six grants in each of three fiscal years to States for demonstration and exemplary programs to increase the number of participants in disadvantaged adult training programs who are trained and placed in jobs that yield long-term economic self-sufficiency in accordance with the local economic self-sufficiency tables. Title III: Work and Family - Subtitle A: Child Care Public-Private Partnership Act - Child Care Public-Private Partnership Act - Directs the Secretary of Health and Human Services to establish a business-incentive grant program to provide child care through public-private partnerships. (Sec. 302) Provides program grants for: (1) businesses or consortia (including nonprofit private organizations) to start up, or provide additional, employee child care services; and (2) nonprofit business organizations to provide technical information and assistance to enable businesses to provide employee child care services. (Sec. 305) Gives priority in grant selection to businesses with fewer than 100 full-time employees and to business and consortia applications. Requires equitable geographic distribution. (Sec. 307) Authorizes appropriations. Subtitle B: After-School Child Care Act - After-School Child Care Act - Authorizes the Secretary of Education to make grants to State and local educational agencies for programs to provide affordable and quality after school care for students enrolled in kindergarten through grade six. Limits participation to public elementary school students who are: (1) children of a single working parent or guardian, or two working parents or guardians, or of those who work in the after-school program, or of those who attend school or job training for career development; or (2) recommended by the school on the basis of educational need, subject to available resources. Limits the Federal share to 75 percent. Authorizes appropriations. Subtitle C: Dependent Care Tax Credit Refundability - Repeals the Internal Revenue Code's nonrefundable income tax credit for employment-related dependent care expenses, replacing it with a corresponding refundable 50 percent credit, reduced (but not below 20 percent) as the taxpayer's adjusted gross income exceeds $15,000 (adjusted for inflation). Includes within the scope of the new credit up to $1,200 ($2,400 in the case of more than one qualifying individual) of respite care expenses incurred in the care of: (1) a dependent of the taxpayer who is at least 13 years old; or (2) a spouse or other dependent who is physically or mentally incapable of self-care. Subtitle D: Tax Incentives for Family-Friendly Workplaces - Tax Incentives for Family-Friendly Workplaces Act - Allows eligible small businesses a small business family and medical leave credit equal to 50 percent (up to $2,000) of family and medical leave costs paid or incurred in connection with complying with the Family and Medical Leave Act of 1993. (Sec. 333) Allows a business credit for wages paid to an employee who is permitted to shift hours of employment or work at home in order to reduce dependent care needs. Subtitle E: Federal Parental Leave for Education Activities - Amends Federal law relating to Federal employees to provide for parental leave for certain educational activities. Title IV: Economic Self-Sufficiency - Subtitle A: Child Support - Child Support Economic Security Act - Part A: Child Support Enforcement Amendments - Amends part D (Child Support and Establishment of Paternity) of title IV of the Social Security Act (SSA) to require the organizational unit for administering a State plan for child and spousal support to reside at the State level and administer such plan under rules that apply uniformly throughout the State. (Secs. 412 through 415, and 418) Requires: (1) State procedures to ensure that the administering agency has on-line access to all data base information maintained by the State or local government; (2) child support payments to continue until certain events occur; (3) all income (as well as lottery winnings, insurance payments, and cash settlements) to be subject to withholding to meet child support obligations; (4) property transaction recordings to be conditioned upon the party's payment of any overdue child support; (5) occupational and professional licenses to be denied to parents with overdue child support obligations in excess of $1,000; and (6) social security numbers to appear on marriage licenses and child support orders. (Sec. 416) Revises procedures for the reporting of overdue child support obligations to consumer credit reporting agencies. (Secs. 417 and 419) Requires State procedures providing for separate treatment of cases alleging nonsupport and cases alleging denial of visitation rights. Eliminates statutes of limitations in child support cases. (Sec. 420) Provides for timely response to interstate locate requests. (Sec. 421) Requires the Secretary to issue regulations establishing standards and procedures governing the processing of interstate child support cases. (Sec. 422) Amends SSA title IV part A (Aid to Families with Dependent Children) (AFDC) to subject child support enforcement funds instead of AFDC funds to reduction in cases of substantial noncompliance with part D requirements. Amends SSA title IV part D to increase payments to States for the operation of their part D plans. Repeals incentive payments to States under part D. (Sec. 423) Requires States to adopt a specified form of the Uniform Interstate Family Support Act in order to have their part D plans approved. (Sec. 424) Establishes the Commission on Child Support Guidelines to make recommendations to the Congress for national guidelines for child support award amounts. Part B: Interstate Child Support Act of 1993 - Declares the necessity of establishing national standards for child support orders and determinations of percentage and the effect each State shall give to those of other States' courts. Part C: Bankruptcy Amendments Relating to Child Support, Alimony, and Property Settlement Agreements - Amends Federal bankruptcy law to declare that the filing of a petition in bankruptcy does not operate as an automatic stay of actions for establishment of paternity or concerning certain debts for child and spousal support and maintenance. Includes among priority claims and expenses those for certain child and spousal support and maintenance. (Sec. 445) Precludes a trustee in bankruptcy from avoiding a transfer if it was a bona fide payment of a debt for child or spousal support, maintenance, or alimony. (Sec. 446) Amends the guidelines for what constitutes the property of the bankrupt estate of either a family farmer or an individual with regular annual income. Conditions the confirmation of a plan, for such debtors, upon payment of all allowable claims arising after the order for relief for debts for child and spousal support, maintenance, or alimony. (Sec. 448) Permits representatives of child support creditors to appear in court without charge and without meeting any special local court rule requirement for attorney appearances in any judicial bankruptcy proceeding if such representatives file information detailing the child support debt, status, and other characteristics. Part D: Locate and Case Tracking - Amends SSA title IV part D to allow use of the Federal Parent Locator Service (FPLS) along with appropriate safeguards for parentage establishment and child support and visitation enforcement. Expresses the sense of the Congress that: (1) denial of visitation rights under a child support order should be treated as irrelevant in any action to enforce its support provisions; and (2) failure to pay child support pursuant to such an order should be treated likewise in any action to enforce visitation rights. (Sec. 452) Requires the Secretary of the Treasury to enter into an agreement to provide the Secretary (Secretary) of Health and Human Services (HHS) with access to quarterly estimated Federal income tax returns filed with the Internal Revenue Service (IRS). Requires that: (1) State agencies charged with child support enforcement maintain child support order registries and be allowed access to medical, financial, employment, and other specified data base information on absent parents; and (2) registry information from each State be sent to the Office of Child Support Enforcement (OCSE) within HHS for a national registry of all State child support orders. Expresses the sense of the Congress that the Secretary should investigate accessing certain Federal data banks not linked with FPLS. (Sec. 453) Requires the Secretary to expand FPLS to provide State agencies and courts with a national locate and case tracking network. Expresses the sense of the Congress that the network should be used to access State records only through the agency administering the State's part D plan. (Sec. 454) Requires that private attorneys and pro se obligees be given access, in accordance with appropriate safeguards, to State locate resources and enforcement techniques with respect to child support, visitation, and parentage orders. (Sec. 455) Amends the Internal Revenue Code (IRC) to require employers to withhold from employee wages amounts owed for child support. Requires the Secretary of the Treasury to modify the W-4 form completed by new employees in order to enable employers to obtain employee child support and other information for the appropriate State employment security agency. (Sec. 456) Requires the heads of national and regional individual tracking systems to allow child support enforcement agencies access to their information for paternity or child support purposes. (Sec. 457 and 459) Requires that States: (1) broadcast warrants issued in child support proceedings over their crime information systems; (2) remit, in a criminal case, to any individual owed child support any security posted by or on behalf of the individual owing the support and then forfeited, to the extent of any arrearage in support owed; and (3) establish procedures to obtain access to financial records for purposes of child support establishment and enforcement. Part E: Establishment - Amends the Federal judicial code to establish the jurisdictional basis for State court recognition, enforcement, and modification of parentage and child support orders of other States. (Sec. 462) Amends SSA title IV part D to provide for service of process on Federal employees and members of the armed forces in connection with parentage and child support proceedings. (Sec. 463) Requires that: (1) parents' identification and locate information be filed with the appropriate adjudicating entity in parentage and child support actions; (2) there be appropriate safeguards on such information where a court has ordered that the custodial parent or child receive physical protection against the noncustodial parent; (3) appropriate administrative agencies make reasonable attempts to timely notify any individual owed child support of any proceeding to establish, modify, or enforce the support obligation; (4) States allow parties seeking both parentage and child support establishment in a judicial proceeding to bring a joint action in a single cause of action; (5) States provide for continuation of parental child support obligations until they terminate as described; (6) States allow parties to participate in interstate parentage and child support proceedings by telephonic means; (7) marriage licenses, birth certificates, and divorce and parentage decrees contain social security numbers; and (8) appropriate State agencies be allowed subpoena power in connection with child support hearings. (Sec. 464) Requires certain notices to custodial parents. (Sec. 465) Sets forth guidelines for uniform State procedures regarding jurisdiction and venue in parentage and child support cases. (Sec. 466) Amends the Consumer Credit Protection Act (CCPA) to allow appropriate State agencies to obtain from credit reporting agencies information for establishing and modifying child support awards. (Sec. 467) Creates a National Child Support Guidelines Commission to study and report to the President and the Congress on national child support guidelines, and to develop such guidelines for congressional consideration should it be advisable. (Sec. 468) Amends SSA title IV part D to specify certain principles to be used in accordance with the application of State child support guidelines. (Sec. 469) Expresses the sense of the Congress that, if children receive child support while obtaining postsecondary education, they will attain higher levels of education affording them a greater chance to break the welfare cycle. (Sec. 470) Requires the new OCSE Assistant Secretary to develop: (1) a national subpoena duces tecum for distribution to child support agencies and others to use to reach income information; and (2) a uniform abstract of a child support order for State court use. (Sec. 475) Requires the Legal Services Corporation to ensure the use of a specified amount of funding for child support cases. (Sec. 476) Expresses the sense of the Congress with respect to Indian child support and support orders outreach and demonstrations. Amends the Indian Child Welfare Act of 1978 to require Indian tribes to give full faith and credit to child support orders of other Indian tribes, to the extent such entities already give full faith and credit to the acts, records, and proceedings of the other entity. (Sec. 477) Amends SSA title IV part D to set forth specific measures designed to secure child support services in underserved areas and combat domestic violence. Part F: Parentage - Amends SSA title IV part D to: (1) require States to provide for hospital-based paternity outreach programs and adopt various specified procedures for voluntary paternity acknowledgment; and (2) provide for 90 percent Federal matching for such programs. Expresses the sense of the Congress that, in a proceeding to establish paternity, once paternity is alleged, the burden of proof should shift to the alleged father. Part G: Enforcement - Amends SSA title IV part D to: (1) require States to mandate that any individual or entity engaged in commerce, as a condition of doing business in the State, comply with wage withholding orders issued by any State court or administrative agency, and keep records of wages withheld for child support; (2) specify the priority for applying amounts withheld from income for child support and child health insurance; (3) subject to withholding for child support any income from workers' compensation and other specified Federal sources; (4) prohibit State court application of the election of remedies doctrine to prevent collection of child support; (5) deny State occupational, professional, and business licenses, and driver's licenses and vehicle registrations to delinquent noncustodial parents; (6) authorize liens on vehicle titles, seizure of bank accounts, and holds on lottery winnings, settlements, payouts, bequests, and proceeds from the sale of forefeited property to satisfy child support arrearages; (7) require States to make a rebuttable presumption that any transfer of property by an individual who owes a child support arrearage is made with the intent to avoid payment of the arrearage; (8) revise the mechanism for collection of past-due child support from Federal tax refunds to cover interests without a separate court order to satisfy child support arrearages; (9) mandate reporting monthly child support obligations to credit bureaus; (10) permit enforcement of any child support order until the child is at least 30; (11) require interest on all child support judgments; (12) require States to adopt the Uniform Interstate Family Support Act adopted by the National Conference of Commissioners on Uniform Laws in August 1992; (13) allow State courts to order the assignment of life insurance benefits and interests in jointly held property to satisfy child support arrearages; and (14) require States to treat international child support cases in the same manner as interstate child support cases. (Sec. 494) Amends CCPA with respect to State laws and garnishments for securing child support. Gives Federal debts a lower priority than child support debts when the obligor's disposable income cannot satisfy both debts through withholding. Prohibits employers from discharging any employee whose earnings are subject to garnishment for additional indebtedness arising from a child support order. (Sec. 496) Denies Federal occupational, professional, and business licenses of delinquent individuals until the license hold is released. (Sec. 499C) Expresses the sense of the Congress that the IRS Commissioner should instruct IRS field officers to give a high priority to requests for the use of full collection in delinquent child support cases. Requires the Secretary of the Treasury to simplify the full collection process and reduce the amount of child support arrearage needed before an individual may apply for full collections. (Sec. 499I) Amends the Federal bankruptcy code to: (1) allow parentage and child support case establishment, modification, and enforcement to proceed uninterrupted after a bankruptcy petition is filed; (2) treat as outside chapter 11, 12, or 13 plans any debt owed to child support creditors, except as specified; and (3) allow a claim for payment of a debt for child support to be asserted in court. (Sec. 499J) Sets forth requirements pertaining to parentage establishment and child support payments in the armed forces. (Sec. 499L) Directs the Comptroller General and Secretary of the Treasury to study an annual reconciliation process for paying child support arrearages as part of the Federal income tax process. (Sec. 499M) Authorizes the Secretary of State to refuse, revoke, or restrict passports in cases where the applicant or holder is a noncustodial parent subject to a State arrest warrant for nonpayment of a substantial child support arrearage. (Sec. 499N) Prohibits Federal benefits, loans, guarantees, and employment for individuals owing certain child support arrearages. (Sec. 499Q) Expresses the sense of the Congress that the United States should ratify the United Nations Convention of 1956. Part H: Collection and Distribution - (Sec. 499R) Amends SSA title IV part D to: (1) set priorities for State distribution of child support collections; (2) require States to limit claims against noncustodial parents for reimbursement of a child's portion of AFDC to the amount in the child support order; (3) revise part D plan provisions concerning fees; and (4) require States to provide for collection and disbursement points for child support cases. Part I: Federal Role - Requires Comptroller General studies and pilot projects with respect to requiring State systems to pay the child support collected under a State plan to the individuals to whom the support is owed before making any payment to reimburse any State for AFDC provided with respect to the child in question. Amends IRC to revise the Federal income tax refund offset mechanism. (Sec. 499V) Expresses the sense of the Congress that States should encourage parents to use the State child support agency to process and distribute child support payments. (Sec. 499W) Amends SSA title IV part D to: (1) designate the separate organizational unit currently charged with various parentage and child support responsibilities as the OCSE; (2) change OCSE's organizational structure. (Sec. 499X and Y) Requires: (1) the new OCSE Assistant Secretary to provide training assistance to the States; (2) States to provide training of child support personnel; and (3) the Secretary to study staffing at State child support enforcement programs and reduce payments to States that have not implemented recommended staffing levels. (Sec. 499Z) Requires the Secretary to: (1) authorize demonstration projects to test alternative approaches to incentive funding for State child support programs; and (2) reduce payments to States which have not reinvested incentive payments in their child support programs. Includes as "support" under SSA title IV part D with respect to incentive payments to States any premiums paid for health insurance coverage pursuant to a support order. Expresses the sense of the Congress that States should not use amounts paid to them pursuant to SSA title IV part D, which are reinvested in child support activities, to supplant State funding of such activities. (Sec. 499BB) Requires the Secretary to: (1) contract for a study of OCSE's audit process to develop criteria and methodology for auditing activities of State child support enforcement agencies; and (2) provide for State demonstration projects for the purpose of ensuring that custodial parents owned child support have a consistent source of income for the support of their children. (Sec. 499CC) Expresses the sense of the Congress that: (1) children should have a consistent source of income to meet their education and medical needs; (2) the provision of public assistance to a custodial parent for the support of a child with respect to whom the noncustodial parent owes child support does not absolve the latter of the obligation to provide such support; (3) the States must continue to vigorously pursue efforts to establish parentage and establish and enforce child support obligations; and (4) OCSE should develop a mechanism to publicize the best State practices in child support. Directs the Secretary to: (1) consider applications from eligible States to conduct child support assurance demonstration projects; and (2) submit an evaluation report on such projects to the Congress. (Sec. 499DD) Amends the IRC to establish in the Treasury a Children's Trust Fund to hold the contributions designated by individuals on their tax returns for funding child support programs. (Sec. 499EE, FF, GG, and HH) Requires: (1) the Comptroller General to study and report to the Congress on delinquent child support payments and the effectiveness of administrative versus judicial adjudication of parentage and child support cases; and (2) OCSE to produce and update a certain compendium of State child support laws published by the National Conference of State Legislatures, and establish a permanent child support advisory committee. Part J: State Role - Amends Amends SSA title IV D to require States to: (1) promote the greatest economic security possible for children, within the obligor's ability to pay; (2) provide custodial parents with certain information on child support cases and the services available under their part D plans; and (3) require any changes in child support payees to be made only through administrative procedures. (Sec. 499KK, MM, and NN) Expresses the sense of the Congress that States should: (1) work closely with parents to improve the quality of child support services; (2) have offices in areas accessible to public transportation with convenient hours that allow parents to meet privately with attorneys and caseworkers; and (3) establish administrative procedures to process child support cases and a child support council to recommend improvements in State paternity and child support programs. Part K: Jobs for Unemployed Noncustodial Parents - Expresses the sense of the Congress that any Federal program to provide jobs for noncustodial parents should be administered so as not to adversely affect any Federal program for custodial parents. Requires the Secretary to transmit evaluations of certain projects under the JOBS program under SSA title IV part F (Job Opportunities and Basic Skills Training Program) to the Secretary of Labor for study and possible action, including authorizing States to provide services of greater scope and duration to unemployed noncustodial parents under such program. Part L: Effective Date - Sets forth an effective date. Part M: Child Support Enforcement Improvements Act of 1993 - Child Support Enforcement Improvements Act - Absolves of liability under State or Federal law any person who discloses any financial record of an individual to a State child support enforcement agency attempting to establish, modify, or enforce a child support obligation of that individual. Requires such an agency to disclose such records only for child support purposes. Authorizes civil damages for unauthorized disclosures. (Sec. 499SS) Amends the Fair Credit Reporting Act with respect to access to and use of consumer reports by State child support enforcement agencies in child support cases. (Sec. 499TT through WW) Amends SSA title IV part D with regard to: (1) health care support; (2) reporting of State compliance with time limits for providing certain child support assistance; (3) employer wage withholding for child support obligations; and (4) the national parents locator network. Directs the Secretary to study and report to the Congress on incentives to encourage States to enforce health care support obligations of noncustodial parents. Part N: Reporting Delinquent Parents to Consumer Credit Agencies - Amends SSA to require provision to consumer reporting agencies of information on overdue child support obligations. Subtitle B: Pension Reform - Pension Reform Act - Amends ERISA and the IRC with respect to pension integration, participation, and vesting requirements. (Sec. 502) Extends applicability of new integration rules under the Tax Reform Act of 1986 to all existing accrued benefits. Amends the IRC to disallow integration for simplified employee pensions, by repealing provisions relating to permitted disparity under rules limiting discrimination under simplified employee pensions. Repeals for plan years beginning on or after January 1, 2002, IRC provisions relating to: (1) pension integration exceptions under nondiscrimination requirements for qualification; and (2) nondiscriminatory coordination of defined contribution plans with Old Age, Survivors and Disability Insurance. (Sec. 503) Revises IRC minimum coverage requirements with respect to separate lines of business. Sets forth a special rule where the employer operates a single line of business. Limits a line of business exception. (Sec. 504) Eliminates a special vesting rule for multiemployer plans under IRC and ERISA. (Sec. 505) Provides for division of pension benefits upon divorce unless otherwise provided in qualified domestic relations orders. (Sec. 507 and 508) Provides for studies and reports by the Comptroller General relating to cost-of-living adjustments and pension portability. (Sec. 509) Provides for the continued availability of remedies relating to rights of spouses to accrued benefits under pension plans under divorce case domestic relations orders entered before 1985. Subtitle C: Social Security Reform - Social Security Caregiver Act - Amends SSA title II (Old Age, Survivors and Disability Insurance) to: (1) provide for an increase of up to five in the number of years of either zero or low earnings disregarded in determining average annual earnings on which benefits are based provided such year were used to provide care to a child under the age of 12 or to a chronically dependent spouse or relative; (2) repeal the seven-year restriction on eligibility for widow's and widower's insurance benefits based on disability; and (3) provide full widow's or widower's insurance benefits to disabled widows or widowers without regard to age and without certain reductions. Subtitle D: Former Military Spouses Protection - Amends the National Defense Authorization Act for Fiscal Year 1991 to make certain amendments regarding military retired pay to former spouses applicable to divorces, dissolutions of marriage, annulments, and legal separations that became effective before such Act's enactment. (Currently, such amendments apply only to those events that become effective 90 days after such Act's enactment). Permits any change in payments of military retired or retainer pay due to such amendment to apply only to payments for months beginning 90 days after this Act's enactment. Subtitle E: Unremunerated Work Act - Unremunerated Work Act - Directs the Commissioner of the Bureau of Labor Statistics to: (1) conduct time use surveys of unremunerated work performed in the United States (including household, agricultural, and volunteer work and work related to child care and other care services, food production, and family businesses); and (2) calculate the monetary value of such unremunerated work, separately for men and women, and include such value in statistics used to determine the gross national product.
United States · United States Congress · 6 October 1994
TABLE OF CONTENTS: Title I: Legal Immigration Reform Subtitle A: Admission of Legal Immigrants Subtitle B: Admission of Refugees Title II: Illegal Immigration Control Subtitle A: Land Borders Control Subtitle B: Ports of Entry Control Subtitle C: Overseas Airports Control Subtitle D: Alien Smuggling Control Subtitle E: Employer Sanctions Enforcement Subtitle F: Prohibition on Welfare Benefits to Illegal Aliens Subtitle G: State and Local Cooperation in Immigration Enforcement Title III: Exclusion and Deportation Reform Subtitle A: Criminal Aliens Subtitle B: Terrorist Aliens Subtitle C: Enforcement of Deportation Orders Subtitle D: Expedited Asylum Review at Ports of Entry Subtitle E: Asylum Reform Subtitle F: Miscellaneous Provisions Title IV: Effective Date Immigration Control and Reform Act of 1994 - Title I: Legal Immigration Reform - Subtitle A: Admission of Legal Immigrants - Amends the Immigration and Nationality Act (Act) to reduce annual legal immigration ceilings. Subtitle B: Admission of Refugees - Amends the Act to place an annual ceiling on refugee admissions. Title II: Illegal Immigration Control - Subtitle A: Land Borders Control - Directs the Attorney General to: ( 1) place additional physical barriers along the United States-Mexico border; and (2) establish an interior repatriation program. Subtitle B: Ports of Entry Control - Authorizes the Attorney General to require ships arriving at U.S. entry ports to give 24 hours advance notice to the Immigration and Naturalization Service (INS). Subtitle C: Overseas Airports Controls - Directs the Attorney General to determine the feasibility of establishing: (1) specified numbers of preinspection stations at foreign airports identified as last departure points for the greatest numbers of U.S.-arriving passengers; and (2) an air carrier consultant program. (Sec. 222) Provides for airline personnel training in fraudulent document detection. Subtitle D: Alien Smuggling Control - Amends the Act to increase INS forfeiture authority for smuggling or harboring illegal aliens. (Sec. 232) Brings alien smuggling operations under the purview of the Racketeer Influenced and Corrupt Organizations (RICO) provisions. (Sec. 233) Increase penalties for certain alien smuggling offenses. (Sec. 234) Amends Federal law to authorize INS wiretaps for alien smuggling investigations. Subtitle E: Employer Sanctions Enforcement - Amends the Act with respect to employer sanction provisions, including: (1) work eligibility documents; and (2) social security telephone verification. Subtitle F: Prohibition on Welfare Benefits to Illegal Aliens - Prohibits the payment of: (1) direct Federal financial or social insurance benefits (except for emergency medical care) to illegal aliens; (2) unemployment benefits to aliens without employment authorization; or (3) housing benefits to illegal aliens. (Sec. 254) Authorizes appropriations for the automated System for Alien Verification of Eligibility (SAVE). Subtitle G: State and Local Cooperation in Immigration Enforcement - Prohibits Federal assistance to a State or locality that refuses to cooperate with the arrest and deportation of illegal aliens. (Sec. 262) Establishes a uniform vital statistics pilot program for three States with high numbers of undocumented aliens. Authorizes appropriations. Title III: Exclusion and Deportation Reform - Subtitle A: Criminal Aliens - Amends the Act to include aliens on criminal probation or criminal parole among the categories of aliens subject to special registration. (Sec. 302) Expands the definition of "aggravated felony." (Sec. 503) Expedites deportation proceedings for specified criminal aliens. (Sec. 303) Provides for judicial deportation of aliens convicted of an aggravated felony. (Sec. 304) Restricts specified deportation defenses. (Sec. 305) Directs the Secretary of State and the Attorney General to study the use and effectiveness of the Prisoner Transfer Treaty with Mexico to remove convicted aliens from the United States. Subtitle B: Terrorist Aliens - Amends the Act to establish procedures for the removal of alien terrorists, including a special court to hear such cases. (Sec. 312) Makes membership in a terrorist organization a basis for U.S. exclusion. Subtitle C: Enforcement of Deportation Orders - Amends the Act to limit challenges to deportation orders. Subtitle D: Expedited Asylum Review at Ports of Entry - Amends the Act to revise port of entry alien inspection and exclusion provisions. Subtitle E: Asylum Reform - Amends the Act to revise asylum and related judicial review provisions. Subtitle F: Miscellaneous Provisions - Amends the Act to authorize telephonic or electronic deportation hearings. Title IV: Effective Date - Sets forth the effective date for provsions of this Act.
United States · United States Congress · 6 October 1994
National Park Service Employee Housing Program Act of 1994 - Directs the Secretary of the Interior, acting through the Director of the National Park Service, to: (1) provide housing to employees of the National Park Service (Service) only when and where such housing is necessary and justified; and (2) ensure that such housing is available and adequate. Requires the Secretary to: (1) review and revise the existing criteria under which housing is provided to Service employees; (2) use the revised criteria to undertake a review of the physical condition and suitability of existing federally-owned housing provided to Service employees for each National Park System (NPS) unit; and (3) report to specified congressional committees on the review and on a plan to meet employee housing needs. Authorizes the Secretary to enter into housing agreements with housing entities concerning the reviewed NPS units under which the entities may develop, construct, rehabilitate, or manage housing located on or off public lands in areas designated for administrative use for rent or lease to Service employees who meet this Act's housing eligibility criteria. Prohibits the acquisition of private lands pursuant to this Act without the owner's consent. Requires the Secretary to undertake a study to determine the feasibility of providing eligible Service employees with housing allowances rather than Federal housing. Authorizes the Secretary to institute a program for the provision of the allowances, subject to the availability of funds, if it would be beneficial to the Government. Authorizes appropriations.
United States · United States Congress · 6 October 1994
TABLE OF CONTENTS: Title I: Assuring Availability and Continuity of Health Coverage Subtitle A: Insurance Reforms Subtitle B: Benefits Subtitle C: Employer Responsibilities Subtitle D: Standards and Certification; Enforcement; Preemption Subtitle E: Multiple Employer Health Benefits Protection and Related Provisions Subtitle F: Definitions; General Provisions Title II: Removal of Financial Barriers to Access Subtitle A: Tax Deductibility for Individuals and Self- Employed Subtitle B: Premiums and Cost-Sharing Subsidy Program for Low-Income Individuals Title III: Medicaid Reforms Subtitle A: Treatment of Acute Care Benefits for AFDC and Non-cash Beneficiaries Subtitle B: Flexibility in Expenditures for Supplemental Benefits for AFDC and Non-cash Beneficiaries Subtitle C: Increased State Flexibility in Contracting for Coordinated Care Subtitle D: Additional Medicaid Reforms Title IV: Access Improvements Subtitle A: Expanding Access in Underserved Areas Subtitle B: Improved Access in Rural Areas Subtitle C: Academic Health Centers Subtitle D: United States-Mexico Border Health Commission Title V: Health Care Quality Enhancement Subtitle A: Quality Assurance Subtitle B: Primary Care Provider Education Title VI: Market Incentives to Containing Costs Subtitle A: Facilitating Establishment of Health Plan Purchasing Organization (HPPOs) Subtitle B: Preemption of State Benefit Mandates and Anti-Managed Care Laws Subtitle C: Malpractice Reform Subtitle D: Administrative Simplification Subtitle E: Fair Health Information Practices Subtitle F: Antitrust Subtitle G: Fraud and Abuse Subtitle H: Billing for Laboratory Services Title VII: Medicare Subtitle A: Increased Beneficiary Choice; Improved Program Efficiency Subtitle B: Savings Title VIII: Incentives to Purchase Long-Term Care Insurance Subtitle A: Establishment of Federal Standards for Long-term Care Insurance Subtitle B: Tax Treatment of Long-term Care Insurance Title IX: Department of Veterans Affairs Title X: Miscellaneous Savings Provisions Subtitle A: Automobile Insurance Coordination Subtitle B: Prefunding Government Health Benefits Contributions Bipartisan Health Care Reform Act of 1994 - Title I: Assuring Availability and Continuity of Health Coverage - Subtitle A: Insurance Reform - Part 1: Guaranteed Access to Health Coverage - Requires carriers that offer health insurance coverage in the individual-small group market in a fair rating area to make available qualified standard coverage and high-deductible coverage to qualifying individuals or small employers. (Sec. 1001) Exempts federally qualified health maintenance organizations (HMOs) and HMOs or managed care organizations recognized by State laws from the requirement to provide high-deductible coverage. Prohibits the offer of high-deductible coverage unless the carrier also makes standard coverage available with identical benefits and the individual or employee demonstrates that they have available assets equal to at least the deductible amount under the high-deductible coverage. Requires carriers to provide for coverage of benefits for items and services furnished throughout the fair rating area. Prohibits carriers from limiting coverage to portions of interstate metropolitan statistical areas (MSAs), requiring them to provide coverage throughout the entire MSA. Requires coverage offers to include a family coverage option. Prohibits carriers from requiring employers under group health plans to impose waiting periods for health coverage or require conditions on health coverage based on an individual's: (1) health status; (2) claims experience; (3) receipt of health care; (4) medical history; (5) receipt of public subsidies; or (6) lack of evidence of insurability. (Sec. 1002) Requires carriers to accept every small employer and qualifying individual that applies for enrollment during the required enrollment period. Provides that in the case of coverage offered by carriers or under group health plans that provide benefits through a managed care arrangement, the carriers or plans: (1) need not establish health care facilities throughout the fair rating area if the facilities are located in a manner that does not discriminate on the basis of health status of individuals residing in proximity to such facilities; and (2) may deny coverage under certain conditions. Permits carriers to deny coverage if they do not have the necessary financial reserves. (Sec. 1003) Prohibits carriers from denying, cancelling, or refusing to renew health coverage except on the basis of nonpayment of premiums or fraud or because they are not providing a particular coverage option in the market. Sets limitations on market exit and re-entry by carriers. Establishes similar conditions for cancellation or denial by multiemployer plans and multiple employer health plans. (Sec. 1004) Prohibits carriers or group health plans from excluding coverage with respect to services provided for preexisting conditions, except as provided by this Act. Provides for exclusion periods of up to six months subject to certain conditions. Makes exclusions inapplicable to pregnancy, newborns, adopted children, and certain individuals enrolled or enrolling during an open enrollment period. (Sec. 1005) Sets forth provisions regarding enrollment periods. Part 2: Provision of Benefits - Establishes: (1) standards for managed care arrangements and requirements and utilization review programs; and (2) requirements for arrangements with essential community providers. (Sec. 1014) Provides for the establishment of medical savings accounts. Makes the account beneficiary the owner of the account and includes distributions not used for qualified medical expenses in the beneficiary's gross income. Sets forth uses and limitations for such accounts. Excludes: (1) employer contributions to any medical savings account of an eligible employee from gross income (to the extent such contributions do not exceed the excess of premiums for standard coverage over the premiums for high-deductible coverage); and (2) health benefit payments made by employers from employment taxes. Part 3: Fair Rating Practices - Provides that the premium rate established by carriers for health insurance coverage in the individual-small group market may not vary except by the following: (1) age; (2) geographic area; (3) family class; (4) benefit design of coverage and by type of coverage option; and (5) permitted expense category. (Sec. 1022) Directs carriers and group health plans to accept and apply premium certificates issued under State premium assistance programs under title XXI of the Social Security Act (as established by this Act). (Sec. 1023) Requires the Secretary of Health and Human Services to request the National Association of Insurance Commissioners (NAIC) to develop a model risk adjustment system under which premiums applicable to coverage in the individual-small group market and coverage under small employer pooling arrangements and multiple employer welfare arrangements that are fully insured would be adjusted to take into account factors to predict the future need and efficient use of services by covered individuals in the market. Incorporates such model into a rule that specifies risk adjustment mechanisms. Requires each State to develop systems that conform with the Federal model. Part 4: Consumer Protections - Requires carriers and group health plans to provide information relating to their performance in providing coverage to specified individuals, including prospective enrollees. (Sec. 1032) Prohibits carriers from varying the commission or other remuneration to a person based on the claims experience or health status of individuals enrolled by or through such person. Subtitle B: Benefits - Sets forth provisions regarding standard coverage, preventive benefits to be covered without any deductible or cost-sharing, and high-deductible coverage. (Sec. 1105) Sets forth conditions under which supplemental benefits may be provided. (Sec. 1106) Requires carriers and group health plans to provide for an option under which children under 26 (without regard to whether they are students or disabled) will be treated as family members. Authorizes additional premiums for such option. (Sec. 1107) Includes coverage provided by Christian Science practitioners or in a Christian Science sanitorium within benefits under standard coverage. Subtitle C: Employer Responsibilities - Requires employers to make available to qualifying employees coverage under a group health plan that meets specified requirements, including: (1) an annual offering of coverage; (2) a choice of coverage and family coverage options; (3) an annual enrollment period; and (4) payroll withholding of premiums. (Sec. 1201) Provides that an employer is not required, subject to provisions regarding an equal contribution rule, to make any contribution to the cost of health coverage. Makes requirements regarding choice of coverage inapplicable if a group health plan is in effect as of July 1, 1994, and the employer makes contributions on behalf of employees under a collective bargaining agreement or similar contract. Excludes from this subtitle's requirements certain new and small employers. (Sec. 1202) Imposes an excise tax for failures of employers to comply with this subtitle. Subtitle D: Standards and Certification; Enforcement; Preemption; General Provisions - Directs the Secretary to request the NAIC to develop model regulations that specify standards with respect to this subtitle for carriers and health insurance coverage. (Sec. 1304) Imposes a tax on carriers that fail to comply with Parts 1 through 4 of Subtitle A and Subtitle B of this title unless a State has in effect a regulatory mechanism that provides sanctions. (Sec. 1305) Prohibits a single employer plan from offering health coverage other than through a carrier unless the plan has at least 100 eligible employees. Subtitle E: Multiple Employer Health Benefits Protections and Related Provisions - Part 1: Multiple Employer Health Benefits Protections - Amends the Employee Retirement Income Security Act of 1974 (ERISA) to establish certification standards under title I (Protection of Employee Benefit Rights) for multiple employer welfare arrangements (MEWAs) providing health benefits. (Sec. 1401) Treats as employee welfare benefits plans, and exempts from certain restrictions on preemption, a MEWA which provides benefits consisting solely of specified medical care, which is not fully insured, and which applies for and receives a specified certification. Requires certain disclosures to participating employers. Requires certified MEWAs which are not fully insured to maintain excess-stop loss coverage and specified types of reserves. Sets forth corrective actions which such MEWAs' operating committees must take: (1) to avoid depletion of reserves; or (2) in connection with termination of the MEWA. Provides for review of actions by the Secretary of Labor with respect to denials of applications for, or suspensions or revocations of, such certifications. Requires, in cases where coverage is provided under a multiple employer health plan and more than ten percent of the participating employers are small employers, that the arrangement is maintained in the form of a small employer pooling arrangement. Sets forth requirements for such arrangements. (Sec. 1402) Revises ERISA with respect to: (1) a specified exemption from preemption; (2) treatment of single employer arrangements; and (3) treatment of certain collectively bargained arrangements. (Sec. 1405) Sets forth ERISA requirements relating to employee leasing health care arrangements (ELHAs). Provides for treatment of ELHAs as MEWAs, with certain exceptions. Sets forth special rules under which an ELHA may receive a MEWA certification. (Sec. 1408) Allows delegation to a State of some or all of the Secretary's enforcement authority with respect to MEWAs with certifications. Directs the Secretary to provide enforcement and technical assistance to the States with respect to MEWAs. Part 2: Simplifying Filing of Reports for Employers Covered under Multiple Employer Welfare Arrangements Providing Fully Insured Coverage Consisting of Medical Care - Directs the Secretary to prescribe an alternative method for the filing of a single annual report for all participating employers under MEWAs under which all coverage consists of medical care and is fully insured. Subtitle F: Definitions; General Provisions - Part 1: Definitions - Sets forth specified definitions. (Sec. 1905) Makes this title effective for plan years beginning on or after 1997 with respect to group health plans and as of January 1, 1997, with respect to carriers (for coverage other than under a group health plan). Part 2: Report and Recommendations on Health Coverage and Access - Provides that it is an objective of this Act to assure by 2002 that: (1) all eligible individuals in the United States have access to health coverage; and (2) at least 95 percent of such individuals have such coverage. (Sec. 1912) Requires the Secretary of Health and Human Services to report to the Congress on the extent to which eligible individuals have, or have access to, health care coverage. Title II: Removal Of Financial Barriers To Access - Subtitle A: Tax Deductibility for Individuals and Self-Employed - Amends the Internal Revenue Code to: (1) increase on a graduated basis the tax deduction for health insurance costs of self-employed individuals; (2) make the deduction permanent; (3) allow a tax deduction, regardless of whether the taxpayer itemizes other deductions, for health insurance costs of non-self-employed individuals not eligible to participate in any subsidized employer health plan; and (4) subject to taxation certain health benefits provided through cafeteria plans and flexible spending arrangements. Subtitle B: Premium and Cost-Sharing Subsidy Program for Low-Income Individuals - States that the amendments made by this subtitle and title III below provide for a transition from the current Medicaid system to a new system of acute care low-income assistance. (Sec. 2101) Amends the Social Security Act (SSA) to add a new title XXI providing for the establishment of new State programs under which, as a requirement for State participation in Medicaid, certain low-income eligible individuals who are not Medicare beneficiaries, SSI recipients, prison inmates, or unlawful aliens will be eligible for premium and cost-sharing assistance for use in obtaining qualifying coverage of the standard and preventive health benefits discussed above under title I of this Act. Sets forth specific requirements for such programs, allowing waivers in the case of any demonstration project which in the judgment of the Secretary of Health and Human Services is likely to assist in promoting the objectives of new SSA title XXI. Creates in the Treasury the Health Care Assurance Trust Fund to contain the savings resulting from this Act and other specified amounts for use in paying States operating subsidy and supplemental acute care benefits programs. Establishes a mechanism for financing such programs that is designed to be deficit neutral. Prohibits the use of funds appropriated to carry out new SSA title XXI to provide premium or cost-sharing assistance or supplemental acute care benefits under part B added below in connection with any abortion, except in cases where an abortion is necessary to save the life of the mother or where the pregnancy results from rape or incest. Title III: Medicaid Reforms - Subtitle A: Treatment of Acute Care Benefits for AFDC and Non-Cash Beneficiaries - Amends SSA title XIX (Medicaid) to: (1) establish Medicaid rules for benefits for acute medical services for AFDC recipients and non-cash Medicaid beneficiaries; (2) provide for the division of acute medical service benefits into core benefits and supplemental acute care benefits; (3) limit the amount of Federal financial participation for benefits for acute medical services for AFDC recipient and non-cash Medicaid beneficiaries; (4) condition Federal financial participation on State maintenance-of-effort; and (5) provide for the continuation of State Medicaid eligibility categories. Subtitle B: Flexibility in Expenditures for Supplemental Benefits for AFDC and Non-Cash Beneficiaries - Amends new SSA title XXI to require each State to establish a State supplemental acute care benefits program. Subtitle C: Increased State Flexibility in Contracting for Coordinated Care - Amends SSA title XIX to modify Federal requirements to allow States more flexibility in contracting for coordinated care services. Subtitle D: Additional Medicaid Reforms - Amends SSA title XIX to make various specified changes providing for: (1) a reduction in the amount of payment adjustments for disproportionate share hospitals; (2) elimination of the medically needy program for individuals not in an institution; and (3) elimination of the Medicaid pediatric immunization program, and establishment of alternative delivery programs. Title IV: Access Improvements - Subtitle A: Expanding Access in Underserved Areas - Amends SSA title XI to provide for community health authorities demonstration projects for providing access to cost-effective preventive and primary care and related services for various areas and populations, including low-income residents of medically underserved areas or for medically underserved populations. Amends the Public Health Service Act to authorize the Secretary to make grants to migrant and community health centers for the development of health service networks for serving high impact areas, medically underserved areas, or medically underserved populations within the area they serve. Subtitle B: Improved Access in Rural Areas - Part 1: Grants to Encourage Community Rural Health Networks - Directs the Secretary of Health and Human Services to make grants to an eligible State for the development of plans to increase access to health care services for residents of areas in the State designated as chronically underserved areas. Provides for technical assistance for entities establishing or enhancing a community rural health network in an underserved rural area. Provides financial assistance to entities to provide for the development and implementation of community rural health networks. Authorizes appropriations. Part 2: Incentives for Health Professionals to Practice in Rural Areas - Subpart A: National Health Service Corps Program - Amends the Internal Revenue Code to exclude National Health Service Corps Loan Repayments from gross income. (Sec. 4113) Increases the authorization of appropriations for the National Health Service Corps Scholarship and Loan Repayment Programs. Subpart B: Incentives Under Other Programs - Amends title XVIII (Medicare) of the Social Security Act to provide incentives under such Act to physicians in former shortage areas. Directs the Secretary to develop and publish a model law for adoption by States to increase the access of individuals residing in underserved rural areas to health care services by expanding the services which non-physician health care professionals may provide in such areas. Part 3: Assistance for Institutional Providers - Subpart A: Community and Migrant Health Centers - Extends and increases the authorizations of appropriations for migrant health centers and community health centers. Subpart B: Emergency Medical Systems - Revises title XII (Trauma Care) of the Public Health Service Act. Renames such title Emergency Medical and Trauma Care Services. Directs the Secretary to establish the Office of Emergency Medical and Trauma Care Services. Requires the Secretary to: (1) conduct and support research and demonstration projects; (2) foster development of appropriate modern systems of services; (3) assist States; and (4) coordinate and sponsor related activities. Requires that activities meet the unique needs of underserved inner-city and rural areas. (Sec. 4141) Authorizes grants to States to improve the availability and quality of emergency medical services through the operation of State offices of emergency medical services. Authorizes appropriations for emergency medical services. (Sec. 4142) Directs the Secretary to make grants to assist States in the creation or enhancement of air medical transport systems that provide victims of medical emergencies in rural areas with access to treatments for injuries resulting from such emergencies. Authorizes appropriations. Subpart C: Assistance to Rural Providers Under Medicare - Amends title XVIII (Medicare) of the Social Security Act to: (1) increase by two the number of States eligible to participate in the essential access community hospital program; and (2) make other revisions concerning such program, including permitting the participation of hospitals in urban areas and the participation of hospitals in States adjoining participating States. Extends, by three years, the deadline for the development of prospective payment systems for both inpatient and outpatient rural primary care hospital services. (Sec. 4152) Defines a rural emergency access care hospital and rural emergency access care hospital services for purposes of title XVIII. Provides for the coverage of such services under part B (Supplementary Medical Insurance) of title XVIII. Subpart D: Demonstration Projects to Encourage Primary Care and Rural-Based Graduate Medical Education - Directs the Secretary to establish and conduct a demonstration project to increase the number and percentage of medical students entering primary care practice. Authorizes appropriations. Part 4: Hospital Affiliated Primary Care Center - Requires the Secretary to make grants and provide technical assistance to community hospitals for the development and operation of primary care services in medically underserved areas. Provides for a plan to allow primary care centers to retain income earned from operation under certain conditions. Authorizes appropriations. Subtitle C: Academic Health Centers - Directs the Secretary to study and report to the Congress on: (1) the feasibility and desirability of making payments to facilities that are not hospitals for the costs of graduate medical education attributable to residents trained at such facilities; and (2) determining the funding needs of health professions schools. Subtitle D: United States-Mexico Border Health Commission - Authorizes the President to conclude an agreement with Mexico to establish a binational commission to be known as the United States-Mexico Border Health Commission. (Sec. 4302) Declares that it should be the duty of the Commission to: (1) conduct a needs assessment in the U.S.-Mexican border area to identify and resolve health problems that affect the general population of the area; and (2) formulate recommendations for a fair method by which the government of one country could reimburse a public or private entity in the other country for the cost of a health care service furnished to a citizen of the first country who is unable to pay for the service. States that the Commission should establish at least two regional border offices in selected locations. Title V: Health Care Quality Enhancement - Subtitle A: Quality Assurance - Directs the Secretary to establish a Health Quality Advisory Council to develop an initial set of quality measures to be used to assess the quality of carriers, group health plans, and multiple employer welfare arrangements. Provides for auditing of such entities to determine compliance with certain quality measure and reporting requirements. Subtitle B: Primary Care Provider Education - Amends the Public Health Service Act to extend through FY 1999 authorized funding for training for certain health service providers. Title VI: Market Incentives to Containing Costs - Subtitle A: Facilitating Establishment of Health Plan Purchasing Organization (HPPOs) - Part 1: Health Plan Purchasing Organizations - Authorizes the establishment of health plan purchasing organizations (HPPOs) in accordance with this part. (Sec. 6002) Requires HPPOs to enter into agreements with carriers that desire to make health coverage available through HPPOs. (Sec. 6004) Requires HPPOs to offer enrollment for coverage for carriers. Authorizes HPPOs to impose administrative fees for enrollment. (Sec. 6006) Requires States to: (1) review the access of residents who are not employees of large employers or Medicare beneficiaries to obtain standard health insurance coverage through an HPPO; and (2) take actions to ensure that public or private entities provide access to residents who are unable to obtain such coverage. Part 2: Encouragement of Multiple Employer Arrangements Providing Basic Health Benefits - Amends the Internal Revenue Code to eliminate the commonality of interest or geographic location requirement for tax exempt trust status for certified multiple employer health plans, fully-insured multiple employer welfare arrangements, and other specified plans described by ERISA. Part 3: Tax Exemption for High Risk Pools - Provides tax-exempt status to corporations or similar legal entities created by States or political subdivisions to establish risk pools to provide health insurance coverage to persons unable to obtain such insurance because of health conditions. Subtitle B: Preemption of State Benefit Mandates and Anti-Managed Care Laws - Preempts State laws that: (1) mandate health insurance benefits; (2) restrict managed care arrangements and utilization review programs; and (3) prohibit two or more employers from obtaining coverage that is fully-insured under multiple employer health plans. (Sec. 6105) Prohibits States from enforcing standards for health insurance coverage that differ from those established under title I of this Act. (Sec. 6106) Directs the Comptroller General to study and report to the Congress on the benefits and cost effectiveness of the use of managed care in the delivery of health care services. Subtitle C: Malpractice Reform - Part 1: Uniform Standards for Malpractice Claims - Makes this part applicable to any medical malpractice liability action brought in a Federal or State court and to any medical malpractice claim subject to an alternative dispute resolution (ADR) system that is initiated on or after January 1, 1996. (Sec. 6202) Prohibits a medical malpractice liability action from being brought in any State court during a calendar year unless the relevant claim has been initially resolved (i.e., a decision has been reached on whether the defendant is liable to the plaintiff for damages and on the amount of damages) under a certified ADR system or an alternative Federal system. Prohibits a medical malpractice liability action from being brought in Federal court based on diversity of citizenship during a calendar year unless the relevant claim has been initially resolved under such a system in the State whose law applies. Directs the Attorney General to establish an ADR process for tort claims consisting of medical malpractice liability claims brought against the United States. Prohibits a medical malpractice liability action based on such a claim from being brought in any Federal court unless the claim has been initially resolved under such process. Sets forth procedures for filing actions. (Sec. 6203) Authorizes States to develop specialty clinical practice guidelines to be certified by the Secretary. (Sec. 6204) Limits to $250,000 the amount of noneconomic damages that may be awarded to a claimant and family members in a medical malpractice liability action. (Sec. 6206) Sets forth provisions regarding: (1) limits on attorney fees and other costs; and (2) statutes of limitations. (Sec. 6208) Specifies that in the case of a medical malpractice claim relating to services provided during labor or the delivery of a baby, if the health care professional or provider did not previously treat the claimant for the pregnancy, the trier of fact may not find that the defendant committed malpractice nor assess damages unless the malpractice is proven by clear and convincing evidence. (Sec. 6210) Provides that this part preempts State law, except for State law that imposes greater restrictions than those provided in this part. Part 2: Requirements for State Alternative Dispute Resolution Systems (ADR) - Lists requirements for State ADR systems, including that such a system: (1) applies to all medical malpractice liability claims under the jurisdiction of the courts of that State; (2) requires that a written opinion resolving the dispute be issued within six months after each party against whom the claim is filed has received notice of the claim; (3) is approved by the State or local governments; (4) provides for the transmittal to the State agency responsible for monitoring or disciplining health care professionals and providers of any findings of malpractice; and (5) provides for the regular transmittal of information on disputes resolved under the system to the Administrator for Health Care Policy and Research in a manner that protects the identity of the parties involved. (Sec. 6222) Directs the Secretary to certify State ADR systems that meet such requirements on an annual basis. Requires the Secretary to establish an alternative Federal ADR system for the resolution of medical malpractice liability claims in States that do not have in effect a certified ADR system. (Sec. 6223) Directs the Secretary to submit to the Congress a report describing and evaluating State ADR systems and the alternative Federal system. Part 3: Definitions - Sets forth definitions for this subtitle. Subtitle D: Administrative Simplification - Part 1: Standards for Data Elements and Transactions - Directs the Secretary to adopt standards for: (1) the electronic transmission of health information data; and (2) information transactions. Part 2: Requirements with Respect to Certain Transactions and Information - Lists transactions to be considered as standard transactions with respect to plan sponsors and HPPOs. (Sec. 6322) Requires certified health information security organizations to make available to Federal or State agencies, pursuant to a cost-type contract, any non-identifiable health information that is held by the service, consists of data elements that are subject to a standard under part 1, and is requested by such an agency to fulfill a requirement under this Act. (Sec. 6323) Directs the Secretary to establish a procedure under which a plan sponsor or health provider that does not have the ability to transmit standard data elements and does not have access to a certified health information network may comply with this part. Part 3: Miscellaneous Provisions - Requires the Secretary to establish standards and a certification procedure for health information network services. (Sec. 6333) Provides that this subtitle supersedes State law. Prohibits the enforcement of any State law that requires medical or health plan records to be maintained or transmitted in written rather than electronic form, except as provided by the Secretary. (Sec. 6334) Authorizes the Secretary to make grants for demonstration projects to promote the development and use of electronically integrated community-based clinical information systems and computerized patient medical records. Part 4: Assistance to the Secretary - Establishes the Health Care Information Advisory Committee to: (1) provide assistance to the Secretary in complying with the requirements imposed on the Secretary under this subtitle and subtitle E; (2) be responsible for advising the Secretary and the Congress on the status of the health information network; and (3) make recommendations to correct any problems that may occur in the network's implementation and operations and to refine and improve the network. Subtitle E: Fair Health Information Practices - Part 1: Duties of Health Information Trustees - Sets forth rights of individuals with respect to inspection of protected health information maintained by a health information trustee (specified entities, including health care providers, health benefit plan sponsors, and public health authorities). Makes exceptions to inspection rights if: (1) the information relates to mental health treatment notes or persons other than the protected individual; (2) the inspection could be expected to threaten an individual's life or personal safety; (3) the information could lead to the identification of a confidential source; (4) the information is used solely for administrative purposes or is duplicative; or (5) the information is compiled principally in anticipation of a legal proceeding. (Sec. 6402) Sets forth conditions under which a trustee must correct or amend information at the request of a protected individual. (Sec. 6404) Provides for: (1) recordkeeping with respect to health information disclosures; and (2) safeguards to ensure confidentiality and protection of information. Part 2: Use and Disclosure of Protected Health Information - Permits a health information trustee to use protected health information only for a purpose that is compatible with and related to the purpose for which the information was collected or received or for which the trustee is authorized to disclose under this subtitle. (Sec. 6411) Limits the use or disclosure of protected health information by a health information trustee to the minimum amount of information necessary. (Sec. 6412) Authorizes a health information trustee to disclose protected health information pursuant to an authorization executed by the individual who is the subject of the information if specified requirements are met. (Sec. 6413) Authorizes the disclosure of protected health information, subject to specified restrictions: (1) in connection with treatment and payment; or (2) for use in an action against or investigation of an individual relating to receipt of or payment for health care. (Sec. 6414) Sets forth provisions regarding the disclosure of protected health information to next of kin and others. (Sec. 6415) Establishes requirements with respect to the reporting of protected health information: (1) to a public health authority; (2) for a health research project; (3) in emergency circumstances; (4) for judicial and administrative purposes; (5) to a law enforcement agency; (6) pursuant to subpoena or warrant; and (7) to a health information service organization. Part 3: Access Procedures and Challenge Rights - Sets forth access procedures and challenge rights with respect to attempts to obtain protected health information. Part 4: Miscellaneous Provisions - Provides that if a protected individual pays a health information trustee for health care by presenting a debit, credit, or other payment card or by other electronic means, the trustee may only disclose protected health information as is necessary for the processing of the payment transaction. (Sec. 6442) Sets forth conditions under which protected health information may be released to persons outside the United States. (Sec. 6443) Directs the Secretary to establish standards with respect to the creation, transmission, receipt, and maintenance, in electronic and magnetic form, of documents required or authorized under this subtitle. (Sec. 6444) Sets forth duties of affiliated persons to whom health information trustees are authorized to provide protected health information. (Sec. 6445) Sets forth the rights of persons acting as agents or attorneys of protected individuals or on behalf of minors. Part 5: Enforcement - Authorizes persons whose rights under this subtitle have been knowingly or negligently violated to maintain civil actions. Sets forth penalty provisions. (Sec. 6453) Directs the Secretary to develop alternative dispute resolution methods for use by individuals, health information trustees, and others in resolving claims made in civil actions. (Sec. 6454) Amends the Federal criminal code to provide penalties for offenses related to protected health information. Part 6: Amendments to Title 5, United States Code - Requires Federal agencies that are health information trustees to promulgate rules to exempt systems of records within such agencies, to the extent that such systems contain protected health information, from certain provisions regarding access and other requirements with respect to an individual's records. Part 7: Regulations, Research, and Education; Effective Dates; Applicability; and Relationship to Other Laws - Directs the Secretary to prescribe regulations to carry out this subtitle. (Sec. 6471) Authorizes the Secretary to sponsor: (1) research relating to the privacy and security of protected health information; (2) the development of consent forms governing the disclosure of such information; and (3) the development of technology to implement standards regarding such information. Directs the Secretary to establish education and awareness programs to: (1) foster security practices by health information trustees; (2) train personnel of health information trustees respecting their duties with respect to such information; and (3) inform individuals and employers who purchase health care respecting their rights with respect to such information. (Sec. 6474) Prohibits States from enforcing any law that is inconsistent with certain requirements of this subtitle or imposes additional requirements with respect to health information trustees. Subtitle F: Antitrust - Directs the Attorney General to: (1) provide for the development of guidelines on the application of antitrust laws to the activities of health plans; and (2) establish a review process under which a health plan may request the Department of Justice's opinion on the plan's conformity with the Federal antitrust laws. (Sec. 6502) Requires the Attorney General to issue a certificate of public advantage to each eligible health care collaborative activity that complies with this section's requirements. Provides that such activity shall not be liable under the antitrust laws for conduct described in the certificate if such conduct occurs while the certificate is in effect. Directs the Attorney General to issue such a certificate if: (1) the benefits that are likely to result from the activity outweigh the reduction in competition that is likely to result; and (2) such reduction is necessary to obtain such benefits. Sets forth activity eligibility requirements. (Sec. 6503) Directs the Attorney General to report annually to the Congress as part of the annual budget oversight proceedings concerning the Antitrust Division of the Department of Justice. Requires the report to enable the Congress to determine how enforcement of antitrust laws is affecting the formation of efficient, cost-saving joint ventures and if the certificate of public advantage procedure has resulted in undesirable reduction in competition in the health care marketplace. Subtitle G: Fraud and Abuse - Directs the Attorney General to establish a program to: (1) coordinate Federal, State, and local law enforcement programs to control fraud and abuse with respect to the delivery of and payment for health care in the United States; (2) conduct investigations, audits, evaluations, and inspections relating to the delivery of and payment for health care in the United States; and (3) facilitate the enforcement of certain SSA title XI mandatory exclusion and other provisions applicable to health care fraud and abuse. Requires the Attorney General in carrying out such program to provide for coordination with law enforcement agencies, State Medicaid Fraud Control Units, State licensing agencies, as well as with third party insurers. (Sec. 6602) Authorizes additional appropriations for the Attorney General to investigate allegations of health care fraud and otherwise carry out the program established above. (Sec. 6603) Creates in the Treasury the Anti-Fraud and Abuse Trust Fund consisting of Federal health anti-fraud and abuse penalties for use in: (1) carrying out the program above; (2) supporting educational activities to prevent the occurrence of violations of anti-fraud and abuse laws; and (3) repaying beneficiaries for cost- sharing. (Sec. 6611) Amends SSA title XI to revise current sanctions for health care fraud and abuse, among other changes, providing for: (1) mandatory exclusion from participation in Medicare and State health care programs of any individuals convicted of a felony relating to fraud or the unlawful manufacture, distribution, prescription, or dispensing of a controlled substance; and (2) establishment of a minimum period of exclusion for certain individuals and entities subject to permissive exclusion from Medicare and State health care programs. (Sec. 6615) Amends SSA title XVIII to modify the limitations on physician self-referral. (Sec. 6616) Directs the Comptroller General to study and report to the Congress on the costs incurred by eligible organizations with risk-sharing contracts of complying with the requirement of entering into a written agreement with an entity providing peer review services with respect to services provided by the organization. (Sec. 6621) Amends the Federal criminal code to provide for: (1) penalties for health care fraud, including making it a felony; (2) rewards for information leading to prosecution relating to health care fraud; and (3) broadened application of mail fraud statute provisions. (Sec. 6631) Amends SSA titles XI and XVIII to authorize the issuance of advisory opinions by the Secretary according to specified guidelines. (Sec. 6641) Requires each State to establish and maintain a State agency to act as a Health Care Fraud and Abuse Control Unit for: (1) investigating and prosecuting violations under any Federally-funded or mandated health care program relating to fraud under State laws; (2) reviewing complaints of abuse or neglect involving patients of facilities receiving Federal payments and, where appropriate, investigate and prosecute such complaints; and (3) providing for the collection, or referral for collection, of overpayments made under any such program and found by the Unit. Subtitle H: Billing for Laboratory Services - Amends the Public Health Service Act to make it unlawful for any person who furnishes ancillary health services to present a bill or demand for payment to any person other than the patient receiving such services, with specified exceptions. Exempts ancillary health services for which payment may be made under Medicare. (Sec. 6701) Defines "ancillary health services" as clinical laboratory services, diagnostic x-rays and other diagnostic tests, durable medical equipment, and physical therapy services. Sets forth conditions under which a person who furnishes ancillary health services may present a bill or demand for payment to specified entities other than the patient. Imposes civil penalties for repeated and knowing demands for payment in violation of this subtitle. Provides for other sanctions for such violations, including the suspension of laboratory certifications and exclusion from participation in Medicare programs. Title VII: Medicare - Subtitle A: Increased Beneficiary Choice; Improved Program Efficiency - Amends SSA title XVIII to revise provisions for payments to health maintenance organizations (HMOs) to: (1) provide for the use of metropolitan statistical areas to determine adjusted average per capita cost; (2) require the Secretary to develop additional specified model packages of health benefits providing coverage for catastrophic illness, prescription drugs, and preventive services which an HMO may provide at its option; and (3) make various specified changes in HMO membership requirements, including changes in associated waiver provisions, and enrollment periods. (Sec. 7002) Amends the Omnibus Budget Reconciliation Act of 1990 to permit Medicare supplemental policies in all States. Modifies Medicare supplemental policy provisions. (Sec. 7003) Includes notice of available HMOs and carriers offering Medicare supplemental policies in the annual notice of Medicare benefits mailed to Medicare beneficiaries. (Sec. 7004) Directs the Secretary to: (1) develop and submit to the Congress a proposal for legislation which provides for the voluntary enrollment of Medicare beneficiaries in private health insurance plans; (2) provide for a monthly payment to a qualified private health insurance plan on behalf of enrolled Medicare beneficiaries who choose to enroll in such a plan (with the enrollee paying any difference between the monthly premium charged under the plan and the amount paid for under Medicare for the enrollee's class, while maintaining budget-neutrality); and (3) take such steps as may be necessary to consolidate the administration of Medicare parts A (Hospital Insurance) and B (Supplementary Medical Insurance). (Sec. 7003) Includes notice of an individual's rights under State law with regard to the formulation of advance directives in the annual notice of Medicare benefits mailed to Medicare beneficiaries. Subtitle B: Savings - Amends Medicare provisions relating to Medicare part A to provide for reductions in: (1) the update for payments for inpatient hospital services; and (2) payments for capital-related costs for inpatient hospital services. (Sec. 7111) Amends Medicare part B provisions on payment for physicians' services to provide for: (1) use of cumulative performance standards; (2) treatment of default update; (3) use of real GDP to adjust for volume and intensity; (4) repeal of restriction on maximum reduction under conversion factor update adjustment provisions; and (5) reduction in the conversion factor for the physician fee schedule for 1995. (Sec. 7112) Provides for the imposition of coinsurance on laboratory services. (Sec. 7113) Amends the Internal Revenue Code to provide for an increase in the Medicare part B premiums for high-income individuals. (Sec. 7114) Amends Medicare to provide for: (1) the extension of the 25 percent part B premium; (2) a reduction in hospital outpatient services and home health services through the establishment of a prospective payment system; and (3) various specified changes with regard to Medicare as secondary payer. Title VIII: Incentives to Purchase Long-Term Care Insurance - Subtitle A: Establishment of Federal Standards for Long-Term Care Insurance - Amends SSA to provide for model standards incorporating specified requirements for sales practices, benefits, and other matters that long-term care insurance policies must meet. Establishes civil monetary penalties for violations. Requires the National Association of Insurance Commissioners to issue guidelines for endorsements of long-term care insurance policies, or that permit such policies to be offered for sale through the organization or association. Subtitle B: Tax Treatment of Long-Term Care Insurance - Amends the Internal Revenue Code to provide for the treatment of long-term care insurance contracts as accident or health insurance contracts generally, with qualified long-term services treated as medical care, among other changes with regard to long-term care insurance. Subtitle C: Studies - Requires the Comptroller General to conduct a study on the feasibility of: (1) encouraging health care providers to donate their services to homebound patients; and (2) providing heads of households who care for elderly family members in their homes with a tax credit. (Sec. 8203) Directs the Secretary to conduct a study and report to the Congress on: (1) case management of current long-term care benefits; and (2) subacute care. Title IX: Department of Veterans Affairs - Authorizes each veteran residing in the United States, certain surviving spouses and children of such veterans (also living in the United States) who are not otherwise eligible for medical care under the Civilian Health and Medical Program of the Uniformed Services (CHAMPUS), and family members thereof to be enrolled with a Department of Veterans Affairs (VA) health care plan. Requires the payment of appropriate premiums, deductibles, copayments, or coinsurance with respect to such family members. Continues the eligibility of family members after the death of the veteran originally enrolled. Directs the Secretary of Veterans Affairs (Secretary, for purposes of this title) to establish enrollment ceilings to limit the number of eligible individuals enrolling for such coverage. Requires conformity of such plans with health plan requirements set forth in this Act and inclusion of all the items and services in the standard coverage under this Act. Directs the Secretary to continue to provide to veterans authorized VA care and services which are not included in the standard coverage provided under this Act. Provides for the continuation in the VA of specialized disabled veteran treatment and rehabilitative needs and facilities and requires a report on such continuation from the Secretary to specified congressional committees. Allows such plans to offer supplemental health benefits and cost-sharing policies consistent with this Act. Provides a limitation with regard to veterans who elect not to enroll to obtain such coverage. Prohibits the imposition of a cost-share charge of any kind upon a veteran for the treatment of a service-connected disability that requires specialized treatment by the VA. Prohibits funds appropriated to carry out this title from being used to provide abortions except when necessary to save the life of the mother or when the pregnancy is the result of rape or incest. Prohibits the imposition of cost-sharing charges of any kind upon veterans who are disabled to a degree of ten percent or more, veterans released from service due to a service-connected disability, veterans receiving disability compensation from the VA, former prisoners of war, veterans of the Mexican border period or World War I, and veterans unable to defray the costs of such care. Directs the Secretary to establish rates for premiums and other applicable charges with respect to all other enrollees. Empowers the Secretary to recover from third parties the cost of providing such care and services if such care and services would have been required to be provided by such third party. Establishes in the Treasury the Department of Veterans Affairs Health Coverage Fund to be used for VA health plan payments and services. Preserves existing health care benefits for facilities not offering qualified health coverage under this Act. Authorizes the Secretary to organize VA health plans and facilities as plans and facilities offering qualified health coverage under this Act. Requires any health insurance program provided for Federal employees to include as an option enrollment to obtain VA coverage. Requires the Secretary to take appropriate steps to ensure the financial solvency and stability of the VA coverage and of the contractors and subcontractors providing services as part of such coverage. Preempts certain State action with respect to standards and requirements of such coverage. Requires VA health care facilities to serve as providers to individuals residing in a State that operates as a single payer system, with appropriate reimbursement. Authorizes the head official offering VA health coverage or the director of a VA health care facility to enter into agreements with health care plans, insurers, health care providers, and other entities to furnish or obtain any health-care resource. Provides certain other administrative and personnel flexibility to the Secretary in providing or obtaining such services. Directs the Secretary of the Treasury to: (1) credit to a special fund specified amounts for FY 1995 and 1996 to be used for providing VA health coverage under this Act; and (2) report to the Congress on the operation of the VA health care system with respect to national health care reform as set forth under this Act. Authorizes the Secretary to apply for and accept grants and other forms of assistance to meet the needs of special populations. (Sec. 9003) Makes veterans enrolled with a VA plan under this title eligible for nursing home care, outpatient care, and care provided to obviate the need for hospital admission. (Sec. 9004) Makes any herbicide-exposed veteran eligible for hospital and nursing home care for any disease for which the National Academy of Sciences has determined: (1) that there is a positive association between disease occurrence and herbicide exposure; (2) that there is evidence suggesting such an association, though the evidence is limited; or (3) that available studies are insufficient to permit a conclusion about the presence or absence of such an association. Limits the authorized length of such care for eligible veterans. (Sec. 9005) Extends the authority to provide priority outpatient health care to veterans for exposure to environmental hazards until October 1, 1998, for any disability which becomes manifest before October 1, 1996. (Sec. 9006) Directs the Secretary to report to the Congress on the desirability and feasibility of waiving any requirement for cost-sharing under a VA health plan in the case of medical care provided to a family member of a Persian Gulf War veteran for any disease or disability which may be related to such service. (Sec. 9007) Directs the Secretary, during FY 1995 through 1997, to carry out and report to specified congressional committees on a study of the effect of telemedicine on the delivery of VA health care services. (Sec. 9008) Directs the Secretary of Health and Human Services to develop and submit to the Congress a proposal for legislation which provides for obtaining VA health coverage for Medicare beneficiaries who are veterans. (Sec. 9009) Directs the Secretary to carry out a pilot program to reduce waiting times for patients seeking health-care services in VA outpatient clinics and the traveling distance to such clinics by providing for operation of approximately 20 new outpatient clinics around two VA medical centers. Authorizes appropriations for FY 1998 through 2004. Title X: Miscellaneous Savings Provisions - Subtitle A: Automobile Insurance Coordination - Requires individuals enrolled in a health plan to receive automobile insurance medical services exclusively through the health plan. Makes such services subject to all quality, cost containment, and anti-fraud and abuse provisions that apply generally to medical services provided by or through health plans. (Sec. 10002) Permits an individual and an automobile insurance carrier to agree that treatment for bodily injury sustained in an automobile accident shall be provided by other than the health plan through which such individual is enrolled. Authorizes States to require such carriers to make direct payment to health care providers for automobile insurance medical services that are covered by Medicare or Medicaid and an automobile insurance contract that provides for direct payment of medical services regardless of fault. (Sec. 10003) Requires carriers liable for payment for automobile insurance medical services to make payment to health plans to the extent of obligations under the contract. Grants federally funded health care plans first priority to receive payment pursuant to any obligation under an automobile insurance policy covering such medical services. (Sec. 10004) Directs States to establish systems for prompt payment for automobile insurance medical services by such carriers to health plans, including mechanisms for resolution of disputes. Requires sanctions to be prescribed for failures to comply with this subtitle's requirements. (Sec. 10005) Requires the Secretary of Health and Human Services to provide for allotments to States for administrative expenses in carrying out this subtitle. Subtitle B: Prefunding Government Health Benefits Contributions - Directs each Federal agency within the executive branch whose receipts and disbursements are not generally included in the totals of the Government budget submitted by the President, effective FY 1994 (or February 1, 1995, in the case of the agency with the greatest number of employees), to prepay the Government contributions which will be required in connection with providing health-benefits coverage for annuitants of such agency.
United States · United States Congress · 6 October 1994
Authorizes the Secretary of the Interior to utilize the resources of the Presidio in California to provide for and support programs and activities that foster research, education, or demonstration projects and that relate to the environment, energy, transportation, international affairs, arts and cultural understanding, health, and science. Grants the Secretary authority to: (1) negotiate and enter into specified interagency agreements and leases for the use of property within the Presidio; and (2) retain the proceeds from leases under this Act and from concession and other use authorizations and services provided by the Golden Gate National Recreation Area for five years or until the leased property is transferred to the Presidio Trust (established by this Act). Establishes within the Department of the Interior the Presidio Trust to manage the leasing, maintenance, rehabilitation, repair, and improvement of property within the Presidio which is transferred to the Trust by the Secretary. Directs the Secretary to transfer to the Trust, subject to specified requirements, a leasehold in the Letterman-LAIR complex, Fort Scott, Main Post, Cavalry Stables, Presidio Hill, Wherry Housing, East Housing, the structures at Crissy Field, and such other properties within the Presidio as the Secretary and the Trust deem appropriate. Requires the Trust to obtain such competition as is practicable in the circumstances, maintain liaison with the Golden Gate National Recreation Area Advisory Commission, and meet with the Commission at least annually. Authorizes appropriations. Prohibits an entity from expending funds appropriated pursuant to this Act unless it complies with the Buy American Act. Expresses the sense of the Congress that only American-made equipment and products should be purchased by entities receiving financial assistance under this Act. Requires the head of each Federal agency to notify each such recipient of this congressional statement. Provides that if a court or Federal agency determines that any person intentionally affixed a "Made in America" label to any product sold or shipped to the United States that is not made in the United States, such person shall be ineligible to receive any contract or subcontract made with funds provided under this Act.
United States · United States Congress · 5 October 1994
TABLE OF CONTENTS: Title I: Amendments to Fair Credit Reporting Act Title II: Credit Repair Organizations Title III: Truth in Lending Act Title IV: Disaster Relief Title I: Amendments to Fair Credit Reporting Act - Consumer Reporting Reform Act of 1994 - Amends the Fair Credit Reporting Act (the Act) to specify that the term "credit transaction which is not initiated by the consumer" does not include use of a consumer report (CR) by a person with which the consumer has an account for purposes of reviewing or collecting the account. (Sec. 102) Excludes certain communications by employment agencies from the definition of "consumer report." (Sec. 103) Allows the furnishing of a CR for: (1) a legitimate business need in connection with a business transaction that is initiated by the consumer; and (2) employment purposes only if certain disclosures are made, the consumer consents, and the information will not be used in violation of any Federal or State equal employment opportunity law or regulation. Permits the furnishing or use of a CR for employment purposes only if the employment is expected to require: (1) a Federal security clearance; (2) an employee to be covered by a fidelity bond; or (3) an employee to have access to substantial amounts of cash or other things of value or to engage in any activity with respect to which the employee has a fiduciary duty. (Sec. 104) Prohibits: (1) using or obtaining information from a CR unless it is obtained for an authorized purpose and the purpose is certified under certain provisions of the Act; (2) the furnishing of a CR for use in credit transactions not initiated by the consumer; and (3) a credit reporting agency (CRA), in connection with employment or credit transaction purposes, from furnishing, without the consumer's consent, a CR which contains medical information. Requires CRAs to maintain a notification system, including a toll- free telephone number, which permits any consumer to elect to be excluded from lists provided in connection with solicitations of credit not initiated by the consumer. (Sec. 106) Removes exceptions to prohibitions on reporting obsolete information. (Current law prohibits reporting information which is over a specified number of years old, except for credit transactions, life insurance, or employment involving amounts over specified limits.) Regulates the beginning of the seven-year reporting period for certain types of information. Requires CRAs to include in CRs information that a consumer voluntarily closed an account and to indicate any information that is disputed by a consumer. Includes in CRs and CRA consumer files any information regarding failure of a consumer to make payment on an account that was due in a period during which such consumer was receiving disaster assistance or unemployment compensation if, the consumer requests the inclusion of such information and provides documentation regarding the receipt of such assistance or compensation. (Sec. 107) Prohibits a person who procures a CR from reselling the information unless the identity of the end user and the purpose is disclosed to the CRA. (Sec. 108) Requires a CRA to: (1) disclose to a consumer all information in the consumer's file, certain information about the recipients of a CR, the permissible purpose for which each recipient procured a CR, a record of inquiries in the last year that identified the consumer in connection with a credit transaction which was not initiated by the consumer, and, with any such disclosures, a summary of the consumer's rights under the Act; and (2) unless the dispute is frivolous or irrelevant to reinvestigate disputed information free of charge or delete the item from the file, to notify the information furnisher, to delete inaccurate, incomplete, or unverifiable information, and to notify the consumer of the results of the reinvestigation. (Sec. 109) Requires CRAs, upon request of a consumer, to provide at least one free CR to a consumer during the 12-month period after the consumer receives a notification of the deletion of inaccurate or unverifiable information. Requires certain CRAs to implement automated reinvestigation systems. (Sec. 110) Regulates charges by CRAs for certain disclosures. Provides for certain free disclosures to a consumer if the consumer certifies that he or she is unemployed or is a recipient of public welfare assistance or has reason to believe that the consumer file is inaccurate due to fraud. (Sec. 111) Requires any person who takes an adverse action with respect to a consumer in connection with a transaction initiated by the consumer or an employment determination to notify the consumer, disclose the identity of the CRA furnishing the report, and advise the consumer of certain rights. Provides for certain notifications and disclosures to consumers in cases where adverse actions are taken by affiliates of users of credit information. Specifies the duties of persons taking certain actions based on information provided by affiliates. (Sec. 112) Subjects any person (currently, any CRA or user of information) to civil liability for willful or negligent noncompliance with the Act. (Sec. 113) Sets forth: (1) duties of furnishers of information to CRAs, including a prohibition on furnishing information which the furnisher should have known is incomplete or inaccurate; and (2) provisions regarding investigative consumer reports. Increases criminal penalties for obtaining information under false pretenses. (Sec. 117) Authorizes State civil actions to enforce the Act, subject to a specified limitation. (Sec. 119) Preempts any State law relating to CR and CRA requirements imposed under this Act with specified exceptions. (Sec. 120) Allows the Federal Trade Commission (FTC) to modify or make more stringent certain requirements if found necessary for the protection of consumers. (Sec. 121) Amends the Fair Debt Collection Practices Act to provide exceptions to certain debt collection practices with respect to communications. (Sec. 122) Amends the Fair Credit Reporting Act to authorize the furnishing of consumer reports to certain officials for purposes relating to child support. (Sec. 123) Requires a CRA to identify financial institutions at which a consumer maintains or has maintained an account for purposes of foreign counterintelligence investigations. Authorizes a court, if requested by the Director of the Federal Bureau of Investigation (FBI), to issue an order directing a CRA to furnish a CR to the FBI upon a showing in camera that: (1) the CR is necessary for an authorized foreign counterintelligence investigation; and (2) there are facts giving reason to believe that the consumer whose CR is sought is a foreign agent and is engaging or has engaged in international terrorism or clandestine intelligence activities that may involve a criminal violation. Limits the FBI's use of such CRs and sets forth prohibitions on disclosure. Permits disclosure to the consumer upon completion of the FBI investigation. Makes the FBI or the Department of Justice liable to the consumer for damages for disclosure violations. Terminates court order provisions of this section five years after this Act's enactment. (Sec. 126) Expresses the sense of the Senate that: (1) individuals should generally be judged on their own credit worthiness and not on the zip code or neighborhood in which they live; and (2) the FTC shall report to the Senate Committee on Banking, Housing, and Urban Affairs on whether and how the location of the residence for unsecured credit is considered by financial institutions in deciding whether to grant credit. Title II: Credit Repair Organizations - Amends the Consumer Credit Protection Act to provide that specified provisions of that Act may be cited as the Credit Repair Organizations Act. (Sec. 201) Prohibits: (1) advising any consumer to make an untrue or misleading statement, or to alter the consumer's identification to prevent the display of the consumer's credit record; (2) other fraud or deception; and (3) a credit repair organization (CRO) from charging or receiving valuable consideration for any service before such service is fully performed. Specifies a statement which a CRO must provide to consumers before an agreement is executed regarding the consumer, the CRO, and related rights, powers, and obligations. Requires written, signed contracts covering specified matters in order for a CRO to provide services. Allows a consumer to cancel a contract with a CRO within three business days of making the contract. Declares void any consumer waiver of any protection under this title. Makes an attempt to obtain a waiver a violation of this title. Voids any contract not in compliance with this title. Provides for civil liability for failing to comply with this title, including allowing punitive damages and class actions. Requires enforcement of this title under the Federal Trade Commission Act (FTCA) by the FTC. Makes: (1) a violation of this title an unfair or deceptive act or practice in violation of specified provisions of the FTCA; and (2) all functions and powers of the FTC available for enforcement of this title. Establishes a statute of limitations for actions to enforce liability under this title. Title III: Truth in Lending Act - Amends the Truth in Lending Act to include certain intangible taxes and delivery fees as finance charges for purposes of consumer credit cost disclosure. Declares that creditors have no civil or criminal liability, and that consumers have no extended rescission rights, due to a creditor's improper disclosure of such taxes and fees for transactions consummated prior to February 1, 1995. Title IV: Disaster Relief - Authorizes the Board of Governors of the Federal Reserve System to make exceptions to the Truth in Lending Act and the Expedited Funds Availability Act for transactions within a disaster area resulting from damage related to tropical storm Alberto, if the exceptions can reasonably be expected to alleviate hardships to the public that outweigh possible adverse effects. Expresses the sense of the Congress that the Board of Governors of the Federal Reserve System, the Comptroller of the Currency, the Director of the Office of Thrift Supervision, the Federal Deposit Insurance Corporation, and the National Credit Union Administration should encourage depository institutions to meet the financial service needs of their communities and customers located in areas affected by the 1994 flooding in Georgia, Alabama, and Florida resulting from tropical storm Alberto.
United States · United States Congress · 5 October 1994
Public Housing Disposition Reform Act - Amends the United States Housing Act of 1937 to revise provisions regarding the demolition and disposition of public housing, including: (1) conditions for waiver of the "one-for-one" replacement rule; and (2) tenant consultation and relocation assistance.
United States · United States Congress · 3 October 1994
Senior Citizen Housing Safety Act - Amends the United States Housing Act of 1937 to prohibit persons with drug or alcohol problems from occupying dwelling units in assisted housing designated for elderly families.
United States · United States Congress · 3 October 1994
Expresses the sense of the Congress that the Department of Housing and Urban Development should not enforce the Fair Housing Act in a way that would interfere with the exercise of the right of free speech, the right of free association, or the right to petition the Government for a redress of grievances.
United States · United States Congress · 3 October 1994
Expresses the sense of the House of Representatives that: (1) President Nelson Mandela of South Africa deserves the congratulations and support of the United States; (2) the United States shall remain engaged in the political and economic development of South Africa; (3) assistance to South Africa should continue to focus on such issues as job creation, housing, enterprise, development, education, democracy, and health; and (4) steps should be taken to increase trade, investment, and development in South Africa.
United States · United States Congress · 30 September 1994
Base Closure Community Redevelopment Act of 1994 - Amends the Defense Base Closure and Realignment Act of 1990 to direct the Secretary of Defense (Secretary), with respect to the use or transferability of any portion of a military installation closed or to be closed under such Act, to: (1) identify the buildings and property for which the Department of Defense (DOD) or another Federal department or agency has a use or will accept a transfer; (2) identify any property as surplus; (3) submit to the Secretary of Housing and Urban Development (HUD) and to the redevelopment authority for such installation information on any property identified as surplus; and (4) publish in the Federal Register and the appropriate local newspaper information on the surplus property. Requires State and local governments, representatives of the homeless, and other parties interested in the surplus property to submit to the redevelopment authority (RA) a notice of interest in such property, with certain time limits. Requires the representative of the homeless to submit with such notice specific information with respect to the proposed homeless assistance program for such property, as well as certain assessments and descriptions. Directs the RA for each installation to prepare a redevelopment plan for such installation which includes legally binding agreements concerning the use of such property to assist the homeless. Requires redevelopment plan approval by the HUD Secretary. Requires an RA, upon completion of a redevelopment plan, to submit to the Secretary and the HUD Secretary an application containing such plan. Requires the Secretaries to complete a review of the plan within 60 days after receipt, including a determination as to whether such plan meets certain requirements with respect to the homeless population in the area, the availability of existing services to meet the needs of the homeless, and the suitability of the surplus property to meet such needs. Allows for the negotiation of plan deficiencies between the RA and the HUD Secretary during such review. Requires appropriate action by the parties concerned if the HUD Secretary determines a redevelopment plan to be inappropriate, including plan revision and resubmission by the RA. Provides for transfer to the representative of the homeless or the RA of surplus property for disposal under an approved redevelopment plan. Authorizes either Secretary to postpone any deadline related to plan consideration and approval in the interest of the communities affected. Provides transition provisions applicable to installations approved for closure before the enactment of this Act. (Sec. 3) Directs the Secretary, in every year in which activities are undertaken relating to the closure or realignment of a military installation under a base closure law, to submit to the President, the Congress, and the chief executive officer of the appropriate State a report on the costs of environmental remediation and compliance activities at such installation. (Sec. 4) Amends the Internal Revenue Code to allow for the designation of 20 nominated areas as enterprise communities if such areas are affected by the closure or realignment of a military installation under a base closure law. (Sec. 5) Amends the Defense Authorization Amendments and Defense Base Closure and Realignment Act to direct the Secretary, before determining the fair market value of any real property to be transferred, to: (1) notify the RA concerned of the appraisal guidelines and procedures to be used by the Secretary; and (2) incorporate into such guidelines and procedures any recommendations of the RA that the Secretary considers appropriate. Requires determination of the fair market value by a third party chosen jointly by the Secretary and the RA when the estimated difference between the two parties exceeds the greater of 25 percent of the property's value as determined by the RA, or $500,000. Makes identical changes under the Defense Base Closure and Realignment Act of 1990. (Sec. 6) Amends the Defense Authorization Amendments and Base Closure and Realignment Act to direct the Secretary to determine the amount of reduction in pollution emissions that will result from the cessation of activities at a military installation approved for closure. Allows the Secretary to use such reduction (or allow another person or entity to use such reduction) as a credit for purposes of compliance with air quality requirements under the Clean Air Act. Makes identical changes under the Defense Base Closure and Realignment Act of 1990. (Sec. 7) Expresses the sense of the Congress that the Secretary should consider carrying out through a single entity all environmental restoration, waste management, and environmental compliance activities at a military installation approved for closure or realignment. Authorizes the Secretary to do so if feasible and appropriate. (Sec. 8) Authorizes the Secretary to reimburse in full any person or entity for any economic loss suffered as a result of the release or threatened release of any hazardous substance, pollutant, contaminant, petroleum or petroleum derivative as a result of DOD activities at any military installation closed pursuant to a base closure law. Makes such provision inapplicable to the extent that the person or entity contributed to such release or threatened release. Provides reimbursement conditions. (Sec. 9) Amends the Community Reinvestment Act of 1977 to require the appropriate Federal financial supervisory agency to assess a financial institution's record of meeting the credit needs of the community when the institution serves a community affected by the closure or realignment of a military installation under a base closure law.
United States · United States Congress · 30 September 1994
TABLE OF CONTENTS: Title I: Statement of Policy; Definitions Title II: Native American Financial Services Organization Title III: Capitalization of Organization Title IV: Regulation, Examination, and Reports Title V: Formation of New Corporation Title VI: Authorizations of Appropriations Native American Financial Services Organization Act of 1994 - Title I: Statement of Policy; Definitions - Sets forth a statement of policy and purposes and definitions with respect to this Act. Title II: Native American Financial Services Organization - Establishes the Native American Financial Services Organization (Organization) to assist in improving Native American housing and economic situations including the creation of Native American Financial Institutions. Authorizes a Native American lending services grant. Title III: Capitalization of the Organization - Sets forth Organization capitalization provisions. Title IV: Regulation, Examination, and Reports - Sets forth Organization regulation, examination, and reporting provisions. Title V: Formation of New Corporation - Provides for the formation of a new Organization under the laws of any tribe, State, or the District of Columbia. Title VI: Authorizations of Appropriations - Authorizes appropriations for: (1) Native American Financial Institutions; and (2) the Organization.
United States · United States Congress · 30 September 1994
Community Reinvestment Enhancement Act of 1994 - Amends the Community Reinvestment Act of 1977 to permit lenders to participate in affordable housing programs to Federal or State targeted low-and moderate- income neighborhoods (which may be outside of their lending areas.
United States · United States Congress · 29 September 1994
Individual Retirement Account Equity and Enhancement Act of 1994 - Amends the Internal Revenue Code to allow certain spouses a deduction for contributions to an individual retirement account. Allows distribution from certain retirement plans without penalty to purchase first homes, pay higher education expenses and qualified long-term care expenses, and assist certain unemployed individuals.
United States · United States Congress · 29 September 1994
TABLE OF CONTENTS: Title I: Eliminating Excessive and Redundant Appeals Title II: Reform of Exclusionary Rule Title III: Prisons Title IV: Enhanced Gun Penalties Title V: Death Penalty Title VI: Civil Rights of Institutionalized Persons Act Title VII: Conditions of Confinement Victims' Rights Act of 1994 - Title I: Eliminating Excessive and Redundant Appeals - Amends the Federal judicial code to establish a one-year statute of limitations for habeas corpus actions brought by State prisoners. Vests authority to issue certificates for probable cause for appeal of habeas corpus orders exclusively in the courts of appeals. Permits denial on the merits of habeas corpus writs notwithstanding the failure to exhaust State remedies. Establishes a two-year statute of limitations for Federal prisoners filing for collateral relief. (Sec. 106) Sets forth special habeas corpus procedures for cases brought by prisoners in State custody who are subject to a capital sentence, provided that: (1) a State establishes by rule of its court of last resort or by statute a mechanism for the appointment, compensation, and payment of reasonable litigation expenses of competent counsel in State post-conviction proceedings brought by indigent prisoners whose capital convictions and sentences have been upheld on direct appeal to such court or have otherwise become final; and (2) such rule or statute provides standards of competency for the appointment of counsel. Provides for a mandatory stay of execution during the post-conviction review initiated pursuant to this title. Details conditions which will cause such stay to expire. Prohibits a Federal court from entering a stay of execution or granting relief in a capital case unless specified conditions are met. Sets forth time limits for determining petitions. Authorizes the State or Government to enforce such time limits by applying to the court of appeals or the Supreme Court for a writ of mandamus. Title II: Reform of Exclusionary Rule - Amends the Federal criminal code to prohibit the exclusion of evidence obtained as a result of a search or seizure on the grounds that the search or seizure was in violation of the Fourth Amendment of the Constitution if the search or seizure was carried out in circumstances justifying an objectively reasonable belief that it was in conformity with such amendment. Makes the fact that evidence was obtained pursuant to and within the scope of a warrant prima facie evidence of the existence of such circumstances. Prohibits the exclusion of evidence on the ground that it was obtained in violation of a statute, administrative rule or regulation, or rule of procedure unless expressly authorized by statute or rule prescribed by the Supreme Court pursuant to statutory authority. Title III: Prisons - Requires the Attorney General to implement and enforce regulations which: (1) mandate prison work for all able-bodied inmates in Federal penal and correctional institutions; and (2) prohibit the Government provision in inmates' cells of television, radio, telephone, stereo, or similar amenities. (Sec. 302) Directs the Bureau of Prisons to take care that: (1) prisoners under its jurisdiction do not engage in any activities designed to increase both their physical strength and their fighting ability; and (2) all equipment designed for this purpose be removed from Federal correctional facilities. Title IV: Enhanced Gun Penalties - Enhances penalties for persons convicted of using or carrying a firearm during and in relation to the commission of a felony. Title V: Death Penalty - Amends the Violent Crime Control and Law Enforcement Act of 1994 to revise procedures involving jury findings in capital cases. Directs the jury or, if there is no jury, the court to: (1) consider whether aggravating factors outweigh any mitigating factors; (2) recommend a sentence of death if it unanimously finds at least one aggravating factor and no mitigating factor or if it finds one or more aggravating factors which outweigh any mitigating factors; and (3) not recommend such sentence in any other case. Requires the jury to be instructed that: (1) it must avoid any influence of sympathy, sentiment, passion, prejudice, or other arbitrary factors in its decision and should make such a recommendation as the information warrants; and (2) its recommendation concerning a sentence of death is to be based on the aggravating and mitigating factors found, but that the final decision concerning the balance of aggravating and mitigating factors is a matter for the jury's judgment. Title VI: Civil Rights of Institutionalized Persons Act - Amends the Civil Rights of Institutionalized Persons Act to prohibit any civil action for deprivation of rights from being brought by an adult convicted of a crime confined in any correctional facility until available plain, speedy, and effective administrative remedies are exhausted. Specifies that such exhaustion of administrative remedies may not be required unless the Attorney General has certified or the court has determined that such remedies are in substantial compliance with specified minimum acceptable standards (as under current law) or are otherwise fair and effective. (Sec. 602) Requires the court to dismiss any such action if satisfied that the action fails to state a claim upon which relief can be granted or is frivolous or malicious. (Sec. 603) Repeals a provision requiring that the minimum standards provide for an advisory role for employees and inmates in the formulation, implementation, and operation of the system. (Sec. 604) Requires the Attorney General to develop a procedure for the prompt review and certification of systems for the resolution of grievances of adults confined in any correctional or pretrial detention facility if such systems are in substantial compliance with the minimum standards (current law) or are otherwise fair and effective. Authorizes the Attorney General to suspend or withdraw certification at any time he has reasonable cause to believe that such procedure is no longer in substantial compliance or is no longer fair and effective. (Sec. 605) Amends the Federal judicial code to authorize the court to request an attorney to represent a person financially unable to employ counsel (current law) at any time. Requires (current law authorizes) the court to dismiss the case if the allegation of poverty is untrue, or if satisfied that the action is frivolous or malicious. Requires: (1) a prisoner in a correctional institution who files an affidavit of indigency to include a statement of all assets such prisoner possesses; and (2) the court to make inquiry of the institution for information relating to the extent of the prisoner's assets and to require full or partial payment of filing fees according to the prisoner's ability to pay. Title VII: Conditions of Confinement - Amends the Federal judicial code to deny the district court in any action challenging the constitutionality of conditions of confinement in any correctional institution housing persons accused or convicted of a crime or juveniles adjudicated delinquent, jurisdiction to issue or enforce any order that: (1) imposes a ceiling on the population of any institution or requires any adjustment of the release dates of inmates; or (2) prohibits the use of tents or prefabricated structures for housing inmates.
United States · United States Congress · 29 September 1994
Amends the Housing and Community Development Act of 1974 to extend the period during which the Secretary of Housing and Urban Development may not recapture, adjust, withdraw, or reduce any urban development action grants (UDAG) from UDAG recipients.
United States · United States Congress · 28 September 1994
TABLE OF CONTENTS: Title I: Health Insurance Reform Title II: State Innovation Subtitle A: State Waiver Authority Subtitle B: Existing State Laws Title III: Public Health and Rural and Underserved Access Improvement Title IV: Medical Research Title V: Revenue Provisions Subtitle A: Financing Provisions Subtitle B: Health Care Reform Trust Fund Health Innovation Partnership Act of 1994 - Title I: Health Insurance Reform - Directs the Secretary of Health and Human Services to request the National Association of Insurance Commissioners (NAIC) to develop standards for health insurance plans with respect to: (1) the renewability and portability of coverage; (2) guaranteed issue with respect to all health insurance coverage products; (3) the establishment of an adjusted community rating system with adjustment factors limited to age; (4) solvency; (5) stop-loss standards for self-funded health insurance plans and multi-employer welfare arrangements and association plans; (6) the identification of minimum employer size for self- funding and the interrelationship between self-funding and the community-rated pool of enrollees; and (7) other appropriate areas. (Sec. 1001) Requires the Secretary to develop such standards if the NAIC fails to do so. (Sec. 1002) Revises provisions regarding Medicare supplemental policies. Title II: State Innovation - Subtitle A: State Waiver Authority - Includes within the objectives of the waiver programs approved under this title: (1) achieving the goals of increased health coverage and access; (2) containing the annual rate of growth in health care expenditures; (3) ensuring that patients receive high-quality, appropriate health care; and (4) testing alternative reforms. (Sec. 2001) Authorizes States to apply to the Secretary for alternative State health program waivers or limited State health care waivers. Directs the Secretary to establish a State Health Reform Advisory Board to monitor the status and progress achieved under waivers and to promote information exchange between States and the Federal Government. Requires the Board to make recommendations to the Secretary with respect to minimizing the negative effect of State waivers on national employer groups, provider organizations, and insurers because of differing State requirements under waivers. Permits the Secretary to revoke any waiver of Federal law granted under this subtitle and to terminate any alternative State health program for good cause. Authorizes grants to States for carrying out alternative State health programs. Grants priority to programs that have the greatest opportunity to succeed in providing expanded coverage and in providing children and youth with access to health care. Earmarks funds for such grants from the Health Care Reform Trust Fund. Subtitle B: Existing State Laws - Continues certain existing waivers to Federal law for States and grants specified waivers from requirements of the Employee Retirement Income Security Act of 1974 with respect to health care laws of Hawaii and Oregon. Title III: Public Health and Rural and Underserved Access Improvement - Public Health and Rural and Underserved Access Improvement Act of 1994 - Amends the Public Health Service Act to authorize appropriations for grants to States for core functions of public health programs. Includes within such core functions: (1) data collection and analytical activities related to population-based status and outcomes monitoring; (2) activities to reduce environmental risk and to assure the safety of housing, schools, workplaces, day-care centers, and food and water; (3) investigation, control, and public- awareness activities regarding adverse health conditions; (4) public information and education programs to reduce health risks; (5) public health laboratory services that screen for diseases and conditions; (6) training and education in the field of public health; and (7) leadership, policy development, and administration activities. (Sec. 3002) Authorizes appropriations for grants to States for evaluating the extent to which clinical preventive services, health promotion and unintentional injury prevention activities, and interpersonal and community violence prevention activities achieve health care cost reductions and health status improvement. Directs the Secretary to issue practice guidelines that are based on the results of such evaluations. Authorizes appropriations for: (1) scholarships and loan repayment programs for individuals attending schools of public health; (2) grants to expand the capacity of certain educational institutions with public health programs; (3) grants to expand public health training programs in States lacking adequate programs; (4) area health education centers and health education training centers; (5) activities regarding centers for the prevention and treatment of poisoning and control of poisons; (6) certain school-related health services; (7) scholarships and loan repayment programs for school nurses; (8) grants to migrant and community health centers; (9) the National Health Service Corps; (10) satellite clinics to provide primary health care; and (11) community health advisor programs. Title IV: Medical Research - Establishes a National Fund for Health Research in the Treasury. (Sec. 4002) Amends the Internal Revenue Code to designate overpayments of tax or cash contributions to be paid over to the National Fund for Health Research. Title V: Revenue Provisions - Subtitle A: Financing Provisions - Increases the excise tax on the following tobacco and tobacco-related products: (1) cigarettes; (2) cigars; (3) cigarette papers and tubes; and (4) smokeless and pipe tobacco. (Sec. 5001) Imposes a tax on tobacco products and cigarette papers and tubes manufactured or imported into Puerto Rico. Provides a floor stocks tax on tobacco products and cigarette papers and tubes manufactured in or imported into the United States or Puerto Rico which are removed before any tax-increase date and held on such date for sale. Bars a tax on cigarettes held for retail sale on any tax-increase date by any vending machine. Provides a tax credit against floor stocks taxes. Establishes conditions under which articles in foreign trade zones shall be subject to such taxes. (Sec. 5003) Imposes a tax on roll-your-own tobacco manufactured in or imported into the United States. Subtitle B: Health Care Reform Trust Fund - Establishes the Health Care Reform Trust Fund in the Treasury and provides for the deposit into such Fund of amounts received from taxes on tobacco products.
United States · United States Congress · 28 September 1994
Section 8 Project-Based Program Management Improvement Act of 1994 - Amends the Housing and Community Development Act of 1992 to provide for the identification and improvement of troubled housing projects receiving project-based section 8 assistance. Amends the United States Housing Act of 1937 to authorize recaptured section 8 housing assistance payments to be used to assist tenants formerly assisted under the terminated contract. Revises section 8 rent provisions.
United States · United States Congress · 28 September 1994
Community Reinvestment Improvement Act of 1994 - Amends the Community Reinvestment Act of 1977 to permit lenders to participate in affordable housing programs to Federal or State targeted low- and moderate-income neighborhoods (which may be outside of their lending areas).
United States · United States Senate · 26 September 1994
United States · United States Congress · 26 September 1994
Amends the Federal criminal code to include: (1) as a money laundering offense equity skimming; and (2) within provisions pertaining to obstruction of a Federal audit, attempts to influence, obstruct, or impede a Federal auditor in the performance of official duties relating to any property that is security for a mortgage note that is insured, guaranteed, acquired, or held by the Secretary of Housing and Urban Development pursuant to specified provisions of the National Housing Act. Amends the National Housing Act to require each contract for mortgage insurance to authorize the Secretary to recover from an owner, agent, manager, or other person (owner) who is otherwise in custody, control, or possession of property that is security for a mortgage note insured, acquired, or held by the Secretary pursuant to specified provisions and who is convicted of equity skimming, an amount equal to the sum of any benefit of insurance conferred on the mortgagee by the Secretary with respect to such property and any other losses incurred by the Secretary in connection with such property, to the extent that such benefit was conferred or such loss was incurred as a result of the violation.
United States · United States Congress · 23 September 1994
TABLE OF CONTENTS: Title I: Reform of Baseline Budget Title II: Changes in Discretionary Spending Limits Title III: Expedited Rescissions and Targeted Tax Benefits Title IV: Treatment of Emergency Spending Common Cents Budget Reform Act of 1994 - Title I: Elimination of Baseline Budgeting - Baseline Budgeting Reform Act of 1994 - Amends the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings) with respect to the baseline to remove requirements for inflation adjustments, except for purposes of adjusting discretionary spending limits. Removes the requirement that adjustments made for expiring housing contracts be sequential and cumulative. Requires the President's budget to include: (1) estimated expenditures and appropriations for the current year; (2) new budget authority in budget outlay comparisons; and (3) a certain comparison of levels of estimated expenditures and proposed appropriations that includes the proposed increase or decrease in spending in percentage terms. Amends the Congressional Budget Act of 1974 to make conforming changes to the development of the concurrent resolution on the budget. Amends the Congressional Budget Act of 1974 to require the Congressional Budget Office to include in reports to budget committees certain current year comparisons and a table on sources of spending growth under current law in total mandatory spending for the budget year and the ensuing four fiscal years. Requires the Director of the Congressional Budget Office to report annually to the Congress on all programs and activities with permanent or indefinite spending authority or those programs for which budget authority is not provided for in advance by appropriation Acts. Title II: Changes in Discretionary Spending Limits - Guaranteed Spending Cut Act of 1994 - Reduces discretionary spending limits for new budget authority for any fiscal year by the amount in the Deficit Reduction Account. Requires each appropriation or rescission bill to contain a Deficit Reduction Account containing amounts resulting from reduced spending. Title III: Expedited Rescissions and Targeted Tax Benefits - Modified Line Item Veto/Expedited Rescission Act of 1994 - Amends the Congressional Budget and Impoundment Control Act of 1974 to provide for the expedited consideration of proposed rescissions of budget authority or repeals of targeted tax benefits. Title IV: Treatment of Emergency Spending - Emergency Appropriations Integrity Act of 1994 - Limits emergency appropriations and legislation to the matter of emergency. Allows such a statute to contain rescissions of budget authority or provisions that reduce spending. Makes it out of order in the House of Representatives or the Senate to consider any bill or joint resolution containing an emergency designation, if the legislation provides an appropriation for any other item or matter.
United States · United States Congress · 23 September 1994
TABLE OF CONTENTS: Title I: Lobbying Disclosure Title II: Congressional Gift Rules Title I: Lobbying Disclosure - Lobbying Disclosure Act of 1994 - Declares that, not later than 30 days after a lobbyist first makes a lobbying contact with a covered legislative or executive branch official (or, if it happens earlier, is employed or retained to make such a contact), such lobbyist (or the organization employing such lobbyist) shall, with certain exceptions, register with the Office of Lobbying Registration and Public Disclosure (OLRAPD). Requires any organization with one or more employees who are lobbyists to file a single registration on behalf of such employees for each client on whose behalf the employees act as lobbyists. Specifies the information that such registration shall contain. (Sec. 103) Defines "lobbyist" as any individual who is employed or retained by a client for financial or other compensation for services that include one or more lobbying contacts, other than an individual whose lobbying activities constitute less than ten percent of the time engaged in the services provided by such individual to that client. (Sec. 104) Provides that, in the case of a registrant making more than one lobbying contact for the same client, the registrant shall file a single registration covering all such lobbying contacts. Provides for separate registration filing in the case of a registrant making lobbying contacts on behalf of more than one client. (Sec. 105) Requires registrants to file with OLRAPD a semiannual report on lobbying activities, with a separate report for each client, with certain exceptions. (Sec. 106) Prohibits lobbyists, lobbying firms, and registered agents of foreign principals from providing certain gifts, directly or indirectly, to any covered legislative branch official. (Sec. 107) Establishes the OLRAPD as an executive agency, whose duties include: (1) prescribing regulations, penalty guidelines, and forms to carry out this title; (2) reviewing registrations and reports; (3) making registrations and reports public; and (4) transmitting annual reports to the Congress and President. (Sec. 108) Establishes procedures for: (1) initial determination of alleged violations; (2) determination of violations where information provided to OLRAPD indicates that a violation may exist; and (3) disclosure of certain information to the public. (Sec. 111) Provides for judicial review of certain OLRAPD decisions. (Sec. 113) Amends the Foreign Agents Registration Act of 1938 to: (1) eliminate references to political propaganda and, in certain cases, replace such references with references to informational materials; and (2) modify the registration exemption for lawyers providing legal representation to disclosed foreign principals to apply such exemption to judicial proceedings and criminal or civil law enforcement inquiries, investigations, or proceedings. (Sec. 114) Revises limitations on use of appropriated funds to influence certain Federal contracting and financial transactions, removing obsolete reporting requirements, among other changes. (Sec. 115) Repeals the Federal Regulation of Lobbying Act. (Sec. 116) Repeals provisions under the Department of Housing and Urban Development Act and the Housing Act of 1949 relating to lobbyist activities. (Sec. 118) Authorizes appropriations. (Sec. 119) Provides for the identification of clients and covered officials. (Sec. 121) Requires the Comptroller General to review interim reporting by registrants of lobbying expenditures for a report to the Congress. Title II: Congressional Gift Rules - Amends the Standing Rules of the Senate, the Rules of the House of Representatives, the Ethics in Government Act, and the Ethics Reform Act of 1989 with regard to gifts and travel.
United States · United States Congress · 23 September 1994
Pennsylvania Avenue Development Corporation Reauthorization Act of 1994 - Amends the Pennsylvania Avenue Development Corporation Act of 1972 to authorize appropriations for FY 1995 for operating and administrative expenses of the Pennsylvania Avenue Development Corporation. Requires the Corporation's Board of Directors to prepare and submit to the Congress a dissolution and succession plan that provides for the timely dissolution of the Corporation and an orderly transition to such dissolution. Prohibits the Corporation from obligating or expending funds appropriated for FY 1995 after March 31,1995, if the Board fails to submit the plan on or before such date.
United States · United States Congress · 22 September 1994
TABLE OF CONTENTS: Title I: Health Insurance Reform Title II: State Innovation Subtitle A: State Waiver Authority Subtitle B: Existing State Laws Title III: Public Health and Rural and Underserved Access Improvement Title IV: Medical Research Title V: Revenue Provisions Subtitle A: Financing Provisions Subtitle B: Health Care Reform Trust Fund Health Innovation Partnership Act of 1994 - Title I: Health Insurance Reform - Directs the Secretary of Health and Human Services to request the National Association of Insurance Commissioners (NAIC) to develop standards for health insurance plans with respect to: (1) the renewability and portability of coverage; (2) guaranteed issue with respect to all health insurance coverage products; (3) the establishment of an adjusted community rating system with adjustment factors limited to age; (4) solvency; (5) stop-loss standards for self-funded health insurance plans and multi-employer welfare arrangements and association plans; (6) the identification of minimum employer size for self-funding and the interrelationship between self-funding and the community-rated pool of enrollees; and (7) other appropriate areas. (Sec. 1001) Requires the Secretary to develop such standards if the NAIC fails to do so. (Sec. 1002) Revises provisions regarding Medicare supplemental policies. Title II: State Innovation - Subtitle A: State Waiver Authority - Includes within the objectives of the waiver programs approved under this title: (1) achieving the goals of increased health coverage and access; (2) containing the annual rate of growth in health care expenditures; (3) ensuring that patients receive high-quality, appropriate health care; and (4) testing alternative reforms. (Sec. 2001) Authorizes States to apply to the Secretary for alternative State health program waivers or limited State health care waivers. Directs the Secretary to establish a State Health Reform Advisory Board to monitor the status and progress achieved under waivers and to promote information exchange between States and the Federal Government. Requires the Board to make recommendations to the Secretary with respect to minimizing the negative effect of State waivers on national employer groups, provider organizations, and insurers because of differing State requirements under waivers. Permits the Secretary to revoke any waiver of Federal law granted under this subtitle and to terminate any alternative State health program for good cause. Authorizes grants to States for carrying out alternative State health programs. Grants priority to programs that have the greatest opportunity to succeed in providing expanded coverage and in providing children and youth with access to health care. Earmarks funds for such grants from the Health Care Reform Trust Fund. Subtitle B: Existing State Laws - Continues certain existing waivers to Federal law for States and grants specified waivers from requirements of the Employee Retirement Income Security Act of 1974 with respect to health care laws of Hawaii, Oregon, Minnesota, Washington, and Connecticut. Title III: Public Health and Rural and Underserved Access Improvement - Public Health and Rural and Underserved Access Improvement Act of 1994 - Amends the Public Health Service Act to authorize appropriations for grants to States for core functions of public health programs. Includes within such core functions: (1) data collection and analytical activities related to population-based status and outcomes monitoring; (2) activities to reduce environmental risk and to assure the safety of housing, schools, workplaces, day-care centers, and food and water; (3) investigation, control, and public-awareness activities regarding adverse health conditions; (4) public information and education programs to reduce health risks; (5) public health laboratory services that screen for diseases and conditions; (6) training and education in the field of public health; and (7) leadership, policy development, and administration activities. (Sec. 3002) Authorizes appropriations for grants to States for evaluating the extent to which clinical preventive services, health promotion and unintentional injury prevention activities, and interpersonal and community violence prevention activities achieve health care cost reductions and health status improvement. Directs the Secretary to issue practice guidelines that are based on the results of such evaluations. Authorizes appropriations for: (1) scholarships and loan repayment programs for individuals attending schools of public health; (2) grants to expand the capacity of certain educational institutions with public health programs; (3) grants to expand public health training programs in States lacking adequate programs; (4) area health education centers and health education training centers; (5) activities regarding centers for the prevention and treatment of poisoning and control of poisons; (6) certain school-related health services; (7) grants to migrant and community health centers; (8) the National Health Service Corps; (9) satellite clinics to provide primary health care; and (10) community health advisor programs. Title IV: Medical Research - Establishes a National Fund for Health Research in the Treasury. (Sec. 4002) Amends the Internal Revenue Code to designate overpayments of tax or cash contributions to be paid over to the National Fund for Health Research. Title V: Revenue Provisions - Subtitle A: Financing Provisions - Increases the excise tax on the following tobacco and tobacco-related products: (1) cigarettes; (2) cigars; (3) cigarette papers and tubes; and (4) smokeless and pipe tobacco. (Sec. 5001) Imposes a tax on tobacco products and cigarette papers and tubes manufactured or imported into Puerto Rico. Provides a floor stocks tax on tobacco products and cigarette papers and tubes manufactured in or imported into the United States or Puerto Rico which are removed before any tax-increase date and held on such date for sale. Bars a tax on cigarettes held for retail sale on any tax-increase date by any vending machine. Provides a tax credit against floor stocks taxes. Establishes conditions under which articles in foreign trade zones shall be subject to such taxes. (Sec. 5003) Imposes a tax on roll-your-own tobacco manufactured in or imported into the United States. Subtitle B: Health Care Reform Trust Fund - Establishes the Health Care Reform Trust Fund in the Treasury and provides for the deposit into such Fund of amounts received from taxes on tobacco products.
United States · United States Congress · 22 September 1994
Amends the Stewart B. McKinney Homeless Assistance Act to modify the process by which real property from closed military bases is made available to the homeless.
United States · United States Congress · 22 September 1994
Expresses the sense of the Congress that the Department of Housing and Urban Development should not interfere with the exercise of the right of free speech, the right of free association, or the right to petition the Government for a redress of grievances.
United States · United States Congress · 20 September 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: (1) programs benefiting the nutrition, early education, housing, and family support of the Nation's children; and (2) additional health benefits.
United States · United States Congress · 13 September 1994
Amends the United States Housing Act of 1937 to require certain aliens to reside in the United States for at least five consecutive years in order to qualify for public housing or rental assistance preferences.
United States · United States Congress · 13 September 1994
TABLE OF CONTENTS: Title I: Conditions for Receiving Certain Welfare Benefits Title II: Rehabilitation Grants for Housing and Services Facilities Children's Homes for A Nuturing and Caring Environment Act of 1994 - Title I: Conditions for Receiving Certain Welfare Benefits - Amends part A (Aid to Families with Dependent Children) (AFDC) of title IV of the Social Security Act (SSA), SSA title XVI (Supplemental Security Income) (SSI), and the Housing and Community Development Act of 1992 to add requirements for unmarried minors who are parents or pregnant to live under adult supervision as a condition of receiving AFDC, SSI, and Federal rental housing assistance. Provides for similar requirements for receiving assistance under the WIC (Women, Infants, and Children) program. Requires AFDC to be provided to the parent, legal guardian, or other adult relative on behalf of the unmarried minor and any of the minor's dependent children. Directs the Secretary of Health and Human Services to make matching grants to any Home for Single Dependent Minor Parents in which a qualified minor is living. Requires certain welfare benefits for minors living in Homes for Single Dependent Minor Parents to be provided in the form of payments to such entities. Denies AFDC and Federal rental housing assistance to drug addicts and alcoholics who do not undergo appropriate treatment for their substance abuse. Requires pregnant women under age 19 who are on Medicaid and addicted to drugs or alcohol to demonstrate compliance with the requirements of any treatment the woman is receiving for such condition, and with State imposed requirements for monitoring and testing to ensure the individual's compliance with treatment requirements. Amends the Food Stamp Act of 1977 with regard to Homes for Single Dependent Minor Parents. Title II: Rehabilitation Grants for Housing and Services Facilities - Directs the Secretary of Housing and Urban Development to carry out a program to provide assistance to eligible nonprofit entities for rehabilitation of existing structures for use as facilities to provide housing and services to pregnant women and to single dependent minor parents and their children. Authorizes the Secretary to make grants to eligible nonprofit entities to rehabilitate existing structures for use as housing and services facilities for pregnant women and for single dependent minor parents and their children.
United States · United States Senate · 25 August 1994
United States · United States Congress · 25 August 1994
Amends the Housing and Community Development Act of 1974 to extend the period during which the Secretary of Housing and Urban Development may not recapture, adjust, withdraw, or reduce any urban development action grants (UDAG) from UDAG recipients.
United States · United States Congress · 20 August 1994
TABLE OF CONTENTS: Title I: Retirement Savings Incentives Subtitle A: Restoration of IRA Deduction Subtitle B: Nondeductible Tax-Free IRAs Title II: Penalty-Free Distributions Title III: Aid to Families with Dependent Children Savings and Investment Incentive Act of 1994 - Title I: Retirement Savings Incentives - Subtitle A: Restoration of IRA Deduction - Amends the Internal Revenue Code to remove the limitation on the deductibility of contributions to individual retirement plans (IRAs) by active participants in employer-maintained plans, thereby restoring the IRA deduction. Provides an inflation adjustment after 1995. Allows certain spouses a full deduction for contributions to an IRA. Subtitle B: Nondeductible Tax-Free IRAs - Allows individuals to establish individual retirement plus (IRA Plus) accounts with tax treatment similar to that for individual retirement plans. Makes contributions to such accounts nondeductible. Title II: Penalty-Free Distributions - Allows distributions from certain retirement plans without penalty to purchase first homes, pay higher education expenses and financially devastating medical expenses, and assist certain unemployed individuals. Title III: Aid to Families with Dependent Children - Amends part A (Aid to Families with Dependent Children) (AFDC) of title IV of the Social Security Act to exclude from AFDC eligibility determinations certain income and resources that are to be used for education, training, and employability purposes. Requires the Secretary of Health and Human Services to report to the Congress on a revision of the AFDC limit on automobiles in order to increase the employability of AFDC recipients.
United States · United States Congress · 19 August 1994
Prohibition of Incentives for Relocation Act of 1994 - Amends the Housing and Community Development Act of 1974 and the Housing and Community Development Act of 1992 to prohibit the use of specified grant and loan assistance for employment relocation activities.
United States · United States Congress · 18 August 1994
Homeowners Insurance Disclosure Act of 1994 - Directs the Secretary of Housing and Urban Development to establish annual disclosure requirements for non-commercial insurers (providers of homeowners, dwelling fire, allied lines, and other personal lines of insurance), including: (1) the availability, affordability and type of insurance coverage by Metropolitan Statistical Area (MSA), and the region, race, and gender of policyholders; (2) the racial characteristics and location by MSA of the principal place of business of current and terminated insurance agents; and (3) for designated insurers, the total number of policies, exposures, nonrenewals, and racial characteristics of licensed agents, and the aggregate loss experience. Provides for disclosure requirements for certain non-designated insurers. Directs the Secretary to study and report to the Congress on the availability, affordability, and quality of types of commercial insurance for residential properties and small businesses in urban areas. Instructs the Secretary to establish requirements for insurers to report annually on the availability, affordability, and quality or type of insurance in designated rural areas. Authorizes the Secretary to waive certain disclosure requirements if the States collect equivalent information. Directs the Federal Financial Institutions Examination Council to determine the extent to which private mortgage insurers disclose to the public and regulatory agencies information that is equivalent to that required under the Home Mortgage Disclosure Act of 1975. Requires noncompliant insurers to submit the requisite information to the Secretary. Prescribes guidelines for information compilation and maintenance and for a public availability and access system. Prescribes guidelines for disclosures by insurers to applicants and policyholders, stating the reasons that an insurance application was declined. Authorizes the Secretary to provide immunity to insurers, agents, and brokers regarding their communication of a cancellation, denial, or nonrenewal of insurance. Sets forth enforcement guidelines, including civil penalties and injunctions. Directs the Secretary to establish a task force on insurance agency appointments to report to certain congressional committees on the appointment and retention of inner-city and minority agents representing property and casualty insurers. Instructs the Secretary to study and report to certain congressional committees on insurance industry practices regarding: (1) prescreening of insurance applicants; (2) meeting of the property and casualty insurance needs of the residential and small business community in low- and moderate-income and minority neighborhoods; (3) disparate claims treatment of policyholders based on race, gender, and income level; (4) basing of premium amounts on the territory in which the insured risk is located; and (5) the feasibility of establishing community reinvestment requirements for insurers comparable to those applicable to depository institutions.
United States · United States Congress · 16 August 1994
Amends the United States Housing Act of 1937 to revise provisions regarding the demolition and disposition of public housing, including: (1) conditions for waiver of the "one-for-one" replacement rule; and (2) tenant consultation and relocation assistance.
United States · United States Congress · 12 August 1994
Family Service Center Act of 1994 - Authorizes the Secretary of Health and Human Services to authorize States to conduct demonstration projects to coordinate the administration of services to needy families with children, including: (1) Aid to Families With Dependent Children (AFDC); (2) child support enforcement; (3) the food stamp program; (4) the Special Supplemental Food Program for Women, Infants, and Children (WIC); (5) the maternal and child health block grant program; (6) Medicaid; (7) substance abuse treatment programs; (8) JOBS programs under the Job Training Partnership Act; (9) mental health programs; (10) housing programs; (11) programs for the developmentally disabled; and (12) other State programs offering services for children, youth, or needy families with children. Requires the Secretary to ensure that, as a group, such demonstration projects serve urban, rural, and linguistically and culturally diverse clients and include the broadest possible range of services. Specifies other program requirements. Requires the Secretary to make three-year grants (renewable for another three years) to States to carry out such a project. Requires each State conducting a demonstration project to report to the Secretary on: (1) Federal, State, and local administrative policies and laws identified as impediments to the coordination of the delivery of services to needy families with children; and (2) measures the State has taken or intends to take to eliminate or reduce such impediments.
United States · United States Congress · 12 August 1994
Free Speech Protection Act of 1994 - Amends the Fair Housing Act to authorize sanctions for frivolous or harassing complaints filed under such Act.
United States · United States Congress · 11 August 1994
Prohibition of Incentives for Relocation Act of 1994 - Amends the Housing and Community Development Act of 1974 to prohibit the use of specified grant and loan assistance for employment relocation activities.