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Law· HRH.R. 927 (104th)enacted
United States · United States Congress · 14 February 1995
TABLE OF CONTENTS: Title I: Seeking Sanctions Against the Castro Government Title II: Assistance to a Free and Independent Cuba Title III: Protection of American Property Rights Abroad Cuban Liberty and Democratic Solidarity (LIBERTAD) Act of 1995 - Title I: Seeking Sanctions Against the Castro Government - Expresses the sense of the Congress that: (1) the President should instruct the U.S. Permanent Representative to the United Nations to seek within the Security Council a mandatory international embargo against the Cuban Government; and (2) efforts by any state to make the nuclear facility at Cienfuegos operational will have a detrimental impact on U.S. assistance to and relations with such state. (Sec. 102) Reaffirms a provision of the Cuban Democracy Act of 1992 that states that the President should encourage foreign countries to restrict trade and credit relations with Cuba. Urges the President to take steps to apply sanctions described by such Act against countries assisting Cuba. Declares that the President should instruct the Secretary of the Treasury and the Attorney General to enforce the Cuban Assets Control Regulations. (Sec. 103) Prohibits any U.S. person from extending any loan or other financing to a foreign person that traffics in property confiscated by the Cuban Government the claim to which is owned by a U.S. person. Terminates such prohibition upon termination of the economic embargo of Cuba. (Sec. 104) Directs the Secretary to instruct the U.S. executive directors of the international financial institutions to oppose the admission of Cuba as a member of such institutions until Cuba holds free and fair democratic elections. Requires the President to support Cuba's membership in such institutions during the period that a transition government is in power, subject to the membership taking effect after a democratically-elected government is in power. Reduces U.S. payments to institutions that approve assistance to Cuba over the opposition of the United States. (Sec. 105) Directs the President to report to the appropriate congressional committees on progress towards the withdrawal of personnel of any independent state of the former Soviet Union from the Cienfuegos nuclear facility. Amends the Foreign Assistance Act of 1961 to make ineligible for assistance any independent state that is providing assistance for, or engaging in nonmarket based trade with, Cuba. Withholds from assistance allocated for an independent state an amount equal to the assistance and credits provided by such state in support of military and intelligence facilities in Cuba. (Sec. 106) Requires the Director of the U.S. Information Agency to implement a conversion of television broadcasting to Cuba under the Television Marti Service to ultra high frequency broadcasting. (Sec. 107) Directs the President to report annually to the appropriate congressional committees on assistance and commerce received by Cuba from other foreign countries. (Sec. 108) Prohibits the importation into U.S. customs territory of any sugars, syrups, and molasses that are the product of a country that has imported Cuban sugar, syrups, or molasses. Makes such prohibition inapplicable if such country certifies to the President that it will not import Cuban sugar, syrups, or molasses until free and fair elections are held in Cuba. Authorizes the President to reallocate to other countries the quota of sugars, syrups, and molasses allocated to such a country during the period in which a prohibition is in effect. Title II: Assistance to a Free and Independent Cuba - Requires the President to develop a plan for providing economic assistance to Cuba at such time that a transition or a democratically-elected government is in power. Limits assistance for a transition government to humanitarian assistance, specified assistance comparable to that provided under the Foreign Assistance Act of 1961 for the economic and democratic development of the independent states of the former Soviet Union, and military adjustment assistance. Expands assistance to include development and agricultural assistance and export financing (as well as other specified assistance) when a democratically-elected government is in power. (Sec. 202) Requires the President to take steps to: (1) obtain the agreement of other countries, international financial institutions, and multilateral organizations to provide comparable assistance to Cuba; and (2) encourage the Organization of American States (OAS) to create a special emergency fund for deploying human rights observers and election support and observation in Cuba. Withholds up to $5 million of U.S. arrearages to the OAS until the OAS agrees to make available an equivalent amount for the special fund. Directs the President to determine whether to designate Cuba as a beneficiary country pursuant to the Caribbean Basin Economic Recovery Act. Permits such designation only after a democratically-elected government is in power. Amends such Act to make Cuba eligible for such designation. Requires the President, upon transmittal to the Congress of a determination that a democratically-elected government is in power, to: (1) enter into a preliminary agreement with Cuba providing for extension of the North American Free Trade Agreement or to seek the creation of an economic community with Cuba; and (2) designate a United States-Cuba Council to ensure coordination between the U.S. Government and private sector in responding to change and promoting market-based development in Cuba and to establish periodic meetings between the U.S. and Cuban private sectors for facilitating bilateral trade. (Sec. 204) Authorizes appropriations. (Sec. 205) Terminates the U.S. economic embargo against Cuba upon the President's transmittal to the Congress of a determination that a democratically-elected government is in power in Cuba. (Sec. 206) Sets forth conditions under which a government in Cuba will be considered transitional or democratic. Title III: Protection of American Property Rights Abroad - Amends the Immigration and Nationality Act to exclude from the United States aliens involved in the confiscation of property owned by U.S. persons. (Sec. 302) Sets forth provisions regarding liability for damages owed to U.S. persons by persons or governments trafficking in confiscated property. Grants U.S. district courts exclusive jurisdiction over such actions. (Sec. 303) Amends the International Claims Settlement Act of 1949 to authorize a U.S. national to bring a claim resulting from expropriation actions of the Cuban Government to the Foreign Claims Settlement Commission for certification of the amount and validity whether or not the U.S. national qualified as a U.S. national at the time of the action. Requires claimants to be U.S. nationals at the time of confiscation in the case of property confiscated after the date of enactment of this section.
Bill· SS. 396 (104th)referred
United States · United States Congress · 13 February 1995
Provides permanent resident status under the Immigration and Nationality Act for two named individuals.
Bill· HRH.R. 920 (104th)open
United States · United States Congress · 13 February 1995
TABLE OF CONTENTS: Title I: Repeal of the Violent Crime Control and Law Enforcement Act of 1994 Title II: Grants for Correctional Facilities Title III: State and Local Law Enforcement Grants Title IV: Protection Against Sexually Violent Predators Title V: Eliminating Excessive and Redundant Appeals Title VI: Reform of Exclusionary Rule Title VII: Truth-In-Sentencing Title VIII: Prison Work Required; Luxuries Abolished Title IX: Improving Border Controls Title X: Enhanced Gun Penalties Title XI: Violent Crime Reduction Trust Fund Title XII: Mandatory Life Imprisonment for Persons Convicted of Certain Felonies Back-To-Basics Crime Control Act of 1995 - Title I: Repeal of the Violent Crime Control and Law Enforcement Act of 1994 - Repeals the Violent Crime Control and Law Enforcement Act of 1994. Title II: Grants for Correctional Facilities - Directs the Attorney General to make grants to States to construct, expand, and improve prisons and jails. Authorizes specified sums to each State without conditions imposed by the Federal Government, except requirements to comply with this title and to use such funds exclusively for the construction of prisons and jails. Authorizes appropriations. Sets forth formulas for the distribution of funds in FY 1996, 1997, and 1998 based on violent crimes reported by the States to the Federal Bureau of Investigation (FBI). Title III: State and Local Law Enforcement Grants - Requires the Attorney General to make grants to States to increase the number of law enforcement officers in service. Authorizes specified funds, without conditions imposed by the Federal Government (except that the funds be used exclusively to increase the number of law enforcement officers in service). Requires States to allocate 80 percent of their grants to local government for use by local law enforcement, as nearly as possible in proportion to the populations served by such local law enforcement agencies (LEAs). Title IV: Protection Against Sexually Violent Predators - Directs the Attorney General to: (1) establish guidelines for State programs to require a sexually violent predator to register a current address with a designated State LEA upon being released from prison or being placed on parole or supervised release; and (2) approve each State program that complies with the guidelines. Makes States that do not implement and maintain such programs ineligible to receive ten percent of the funds that would otherwise be allocated to the State in drug control and system improvement grants under the Omnibus Crime Control and Safe Streets Act of 1968. Requires: (1) the determination that a person is, or is no longer, a sexually violent predator to be made by the sentencing court after receiving a report by a board of experts on sexual offenses; and (2) each State to establish a board composed of experts in the field of the behavior and treatment of sexual offenders. Sets forth provisions regarding: (1) notification regarding the duty of an offender to register and to provide any new address to a designated State LEA and of a State prison official to obtain specified information; (2) the transfer of information to the State LEA and to the FBI; (3) quarterly verification of the released offender's address; (4) penalties for failing to register and keep the registration current; (5) termination of the obligation to register; (6) community notification concerning a predator required to register; and (7) immunity for good faith conduct by LEAs, their employees, and State officials. Title V: 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. 506) Sets forth special habeas corpus procedures in capital cases brought by prisoners in State custody who are subject to a capital sentence. Makes such procedures contingent upon: (1) a State establishing 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 providing 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 VI: Reform of Exclusionary Rule - Amends the Federal criminal code to prohibit the exclusion of evidence obtained as a result of a search or seizure, in a proceeding in a court of the United States, on the grounds that the search or seizure was in violation of the Fourth Amendment of the Constitution if it 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, in a proceeding in a U.S. court, on the ground that it was obtained in violation of a statute, administrative rule or regulation, or rule of procedure unless exclusion is expressly authorized by statute or by a rule prescribed by the Supreme Court pursuant to statutory authority. Makes this title inapplicable with respect to a search or seizure carried out by, or under the authority of, the Bureau of Alcohol, Tobacco, and Firearms and the Internal Revenue Service. Title VII: Truth in Sentencing - Amends the Federal criminal code to permit the Bureau of Prisons to add, in its discretion, additional time to a prisoner's sentence of up to 15 percent of the prisoner's term for unsatisfactory behavior. Prohibits a sentence from being reduced for satisfactory behavior to a term less than the original sentence nominally imposed. Title VIII: Prison Work Required; Luxuries Abolished - Directs 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. 802) Amends the Higher Education Act of 1965 to prohibit awards of Pell grants to prisoners in Federal or State penal institutions. Title IX: Improving Border Controls - Authorizes appropriations. Authorizes and directs the Attorney General to use such funds to permit the commander of the Border Patrol to increase by at least 6,000 the number of border patrol agent positions above the number of such positions as of July 1, 1995. (Sec. 902) Amends the Immigration and Nationality Act to provide for expedited deportation and exclusion of criminal aliens. Prohibits reentry of an alien into the United States during the minimum period of confinement to which the alien was sentenced. Authorizes the Attorney General to prescribe special regulations for the registration and fingerprinting of aliens on criminal probation or parole. Expands the definition of "aggravated felony." (Sec. 905) Sets forth deportation procedures for certain criminal aliens who are not permanent residents. Grants a U.S. district court jurisdiction to enter a judicial order of deportation at the time of sentencing against an alien whose criminal conviction causes such alien to be deportable under provisions relating to conviction of an aggravated felony if requested prior to sentencing by the U.S. Attorney. (Sec. 907) Restricts defenses to deportation for certain criminal aliens. Enhances penalties for failing to depart or reentering after a final order of deportation. (Sec. 910) Authorizes appropriations for a criminal alien information system. Title X: Enhanced Gun Penalties - Amends the Federal criminal code to enhance penalties imposed upon persons convicted of using or carrying a firearm during and in relation to the commission of a felony. (Sec. 1002) Sets a mandatory minimum sentence for unlawful possession of a firearm by a convicted felon, fugitive from justice, addict or unlawful user of a controlled substance, or transferor or receiver of a stolen firearm. (Sec. 1003) Increases the general penalty for violation of Federal firearms laws. Title XI: Violent Crime Reduction Trust Fund - Establishes a Violent Crime Reduction Trust Fund as a separate account in the Treasury into which shall be transferred savings realized from implementation of provisions of the Federal Workforce Restructuring Act of 1994. Sets forth provisions regarding: (1) transfers into, and appropriations from, the Fund; (2) annual reporting requirements on the status of the Fund; and (3) allocation of sums in the Fund. Extends authorizations of appropriations for fiscal years for which the full amount authorized is not appropriated. Title XII: Mandatory Life Imprisonment for Persons Convicted of Certain Felonies - Amends the Federal criminal code to provide for mandatory life imprisonment for persons convicted in Federal court of a serious violent felony if: (1) the person has been convicted (and the conviction has become final) on separate prior occasions in a Federal or State court of two or more serious violent felonies, or one or more serious violent felonies and one or more serious drug offenses; and (2) each serious violent felony or serious drug offense used as a basis for sentencing under this title, other than the first, was committed after the defendant's conviction of the preceding serious violent felony or serious drug offense. Sets forth provisions regarding: (1) persons subject to the criminal jurisdiction of an Indian tribal government; and (2) resentencing upon the overturning of a prior conviction. (Sec. 1202) Prohibits the court from reducing the sentence of a defendant unless specified conditions are met, including that the defendant is at least age 70, has served at least 30 years in prison for the offense or offenses for which the defendant is currently imprisoned, and a determination has been made by the Director of the Bureau of Prisons that the defendant is not a danger to the safety of any other person or the community.
Bill· SS. 389 (104th)open
United States · United States Congress · 10 February 1995
Declares two named individuals to have been lawfully admitted to the United States for permanent residence under the Immigration and Nationality Act.
Bill· SS. 390 (104th)open
United States · United States Congress · 10 February 1995
TABLE OF CONTENTS: Title I: Substantive Criminal Law Enhancements Title II: Immigration Law Improvements Title III: Controls Over Terrorist Fund-Raising Title IV: Convention on the Marking of Plastic Explosives Title V: Nuclear Materials Title VI: Procedural and Technical Corrections and Improvements Title VII: Antiterrorism Assistance Omnibus Counterterrorism Act of 1995 - Title I: Substantive Criminal Law Enhancements - Amends the Federal criminal code to establish penalties for acts of terrorism transcending national boundaries. Sets forth provisions regarding limits on prosecution, investigative responsibility, evidence, extraterritorial jurisdiction, the statute of limitations, detention, and wiretap authority. (Sec. 102) Sets penalties for conspiring to kill, kidnap, or maim people in (currently, limited to injuring property of) a foreign country. (Sec. 103) Makes penalties for an individual committing an offense on an aircraft in flight outside the special aircraft jurisdiction of the United States applicable regardless of whether such individual is later found in the United States. Grants jurisdiction over such an offense if: (1) a U.S. national was or would have been on board the aircraft; (2) an offender is a U.S. national; or (3) an offender is found in the United States. Provides that if the victim of specified offenses is an internationally protected person outside the United States, the United States may exercise jurisdiction if: (1) the victim is a representative, officer, employee, or agent of the United States; (2) an offender is a U.S. national; or (3) an offender is found in the United States. Title II: Immigration Law Improvements - Amends the Immigration and Nationality Act (INA) to establish procedures for the removal and expulsion of alien terrorists. Specifies that an alien subject to removal under these provisions shall have no right to discovery of information derived from electronic surveillance authorized for national security purposes, nor shall such alien have the right to seek the suppression of evidence. Authorizes the Government to use in removal proceedings the fruits of electronic surveillance, unconsented physical searches, or both, authorized under the Foreign Intelligence Surveillance Act. Sets forth provisions regarding the conduct of a special removal hearing. Specifies that each application shall require the approval of the Attorney General or the Deputy Attorney General based upon a finding that it satisfies specified criteria and requirements under this title. Sets forth provisions regarding the treatment of classified information, appeals, the right to counsel, standards of proof, the designation of judges, and deportation. Establishes penalties for reentry of an alien who was deported pursuant to this title. (Sec. 202) Revises INA provisions regarding the exclusion of an alien for terrorism activities. Considers an alien who is a representative of any terrorist organization designated by proclamation by the President as detrimental to the interest of the United States to be engaged in such activities. Defines: (1) "terrorist organization" to mean any organization engaged, or which has a significant subgroup engaged, in terrorism activity, regardless of any legitimate activities conducted by the organization or subgroups; and (2) "terrorism" to mean premeditated, politically motivated violence perpetrated against noncombatant targets. Limits the access of aliens to records, documents, and classified information under specified circumstances. (Sec. 203) Allows the Attorney General (and, in some cases, an employee or official of the Department of Justice or any bureau or agency thereof) to authorize an application to a Federal court of competent jurisdiction for, and allows a judge of such court to grant, an order authorizing disclosure of information contained in an alien's application for adjustment of status for: (1) identification of an alien believed to have been killed or severely incapacitated; or (2) criminal law enforcement purposes against the alien if the alleged criminal activity occurred after the legalization application was filed and such activity poses an immediate risk to life or national security or would be prosecutable as an aggravated felony, without regard to the length of sentence that could be imposed on the applicant. Title III: Controls Over Terrorist Fund-Raising - Amends the Federal criminal code to authorize the President to regulate or prohibit within the United States or by any person subject to U.S. jurisdiction: (1) fund-raising or the provision of funds for use by or for the benefit of any foreign organization that the President has designated as being engaged in terrorism activities; or (2) financial transactions with any such foreign organization. Permits the President to revoke such designation, in whole or in part, when conditions so warrant. Makes any finding made in such designation that a foreign organization engages in terrorism activity conclusive. Prohibits any person within, or subject to the jurisdiction of, the United States: (1) from raising, receiving, or collecting funds on behalf of, or providing funds to or for, an organization or person so designated; and (2) acting for or on behalf of any organization or person so designated, from transferring or disposing of any funds in which such organization or person has an interest. Directs the Secretary of the Treasury to publish regulations setting forth the procedures to be followed by persons seeking to raise or provide funds for an organization so designated. Requires any person within the United States or subject to its jurisdiction who seeks to solicit funds for or to transfer funds to any organization or person so designated to first obtain a license from the Secretary (and thereafter allows solicitation or transfer of funds to a designated organization or person only as permitted under the terms of a license issued by the Secretary). Directs the Secretary to grant a license only after the person establishes that: (1) the funds are intended to be used exclusively for religious, charitable, literary, or educational purposes; and (2) all recipient organizations in any fund-raising chain have effective procedures in place to ensure that the funds will be used exclusively for such purposes and will not be used to offset a transfer of funds for terrorist activity. Sets forth recordkeeping requirements. Requires any financial institution which becomes aware that it has possession of or control over any funds in which an organization or person so designated has an interest to retain possession of or maintain control over such funds and report to the Secretary the existence of such funds. Sets penalties for violations of this provision. Sets forth provisions regarding: (1) investigations; (2) recordkeeping and reporting requirements and civil procedures; (3) penalties; (4) injunctions; (5) extraterritorial jurisdiction; and (6) interlocutory appeals and the discovery and introduction of classified information in civil proceedings brought by the United States. Title IV: Convention on the Marking of Plastic Explosives - Marking of Plastic Explosives for Detection Act - Prohibits (with exceptions) the manufacture, importation, exportation, shipment, transport, transfer, receipt, or possession of any plastic explosive which does not contain a detection agent. Prohibits any person (other than a U.S. agency or the National Guard of any State) possessing any plastic explosive on the effective date of this Act from failing to report to the Secretary the quantity of such explosives possessed, the manufacturer or importer, any identification marks, and such other information as the Secretary may prescribe. (Sec. 405) Sets forth: (1) penalties for violations of this title; and (2) affirmative defenses. (Sec. 407) Directs the Attorney General to exercise authority over violations of this title only when they are committed by a member of a terrorist or revolutionary group (and, in such case, the Attorney General shall have primary investigative responsibility). Title V: Nuclear Materials - Amends the Federal criminal code to expand the scope of provisions regarding prohibited transactions involving nuclear materials (for example, to include nuclear byproduct material) and the jurisdictional bases (such as to cover a situation where an offender or a victim is a U.S. national or a U.S. corporation or other legal entity). Title VI: Procedural and Technical Corrections and Improvements - Amends the Federal criminal code to expand the provision regarding the use of weapons of mass destruction to cover threats to use such weapons. Subjects to the death penalty any U.S. national who, outside of the United States, uses or threatens, attempts, or conspires to use a weapon of mass destruction. (Sec. 603) Makes specified terrorist offenses predicates to a violation of the Racketeer Influenced and Corrupt Organizations Act. (Sec. 604) Adds terrorism offenses to the money laundering statute. (Sec. 605) Authorizes interceptions of communications in certain terrorism-related offenses. (Sec. 606) Revises provisions of the Federal criminal code to provide that there is U.S. jurisdiction over specified maritime violence: (1) regardless of whether the activity is prohibited by the State in which it takes place; and (2) committed by a U.S. national or by a stateless person whose habitual residence is in the United States regardless of whether the activity takes place on a ship flying the flag of a foreign country or outside the United States. (Sec. 607) Expands Federal jurisdiction over bomb threats. (Sec. 608) Increases the penalty for explosives-related conspiracies. (Sec. 609) Includes assaults, murders, and threats against former Federal officials on account of the performance of their official duties within the scope of provisions proscribing influencing, impeding, or retaliating against a Federal official by threatening or injuring a family member. (Sec. 610) Adds conspiracy to specified terrorism-related offenses. Title VII: Antiterrorism Assistance - Revises the Foreign Assistance Act of 1961 to: (1) authorize antiterrorism training services conducted outside the United States during a period of not more than 180 (currently, 30) days; and (2) require U.S. Government personnel authorized to advise foreign countries on antiterrorism matters to carry out their responsibilities within the United States when determined most effective or outside the United States for periods not to exceed 180 consecutive calendar days. Repeals a provision prohibiting funds made available for antiterrorism assistance from being used for personnel compensation or benefits.
Bill· HRH.R. 896 (104th)open
United States · United States Congress · 10 February 1995
TABLE OF CONTENTS: Title I: Substantive Criminal Law Enhancements Title II: Immigration Law Improvements Title III: Controls Over Terrorist Fund-Raising Title IV: Convention on the Marking of Plastic Explosives Title V: Nuclear Materials Title VI: Procedural and Technical Corrections and Improvements Title VII: Antiterrorism Assistance Omnibus Counterterrorism Act of 1995 - Title I: Substantive Criminal Law Enhancements - Amends the Federal criminal code to establish penalties for acts of terrorism transcending national boundaries. Sets forth provisions regarding limits on prosecution, investigative responsibility, evidence, extraterritorial jurisdiction, the statute of limitations, detention, and wiretap authority. (Sec. 102) Sets penalties for conspiring to kill, kidnap, or maim people in (currently, limited to injuring property of) a foreign country. (Sec. 103) Makes penalties for an individual committing an offense on an aircraft in flight outside the special aircraft jurisdiction of the United States applicable regardless of whether such individual is later found in the United States. Grants jurisdiction over such an offense if: (1) a U.S. national was or would have been on board the aircraft; (2) an offender is a U.S. national; or (3) an offender is found in the United States. Provides that if the victim of specified offenses is an internationally protected person outside the United States, the United States may exercise jurisdiction if: (1) the victim is a representative, officer, employee, or agent of the United States; (2) an offender is a U.S. national; or (3) an offender is found in the United States. Title II: Immigration Law Improvements - Amends the Immigration and Nationality Act (INA) to establish procedures for the removal and expulsion of alien terrorists. Specifies that an alien subject to removal under these provisions shall have no right to discovery of information derived from electronic surveillance authorized for national security purposes, nor shall such alien have the right to seek the suppression of evidence. Authorizes the Government to use in removal proceedings the fruits of electronic surveillance, unconsented physical searches, or both, authorized under the Foreign Intelligence Surveillance Act. Sets forth provisions regarding the conduct of a special removal hearing. Specifies that each application shall require the approval of the Attorney General or the Deputy Attorney General based upon a finding that it satisfies specified criteria and requirements under this title. Sets forth provisions regarding the treatment of classified information, appeals, the right to counsel, standards of proof, the designation of judges, and deportation. Establishes penalties for reentry of an alien who was deported pursuant to this title. (Sec. 202) Revises INA provisions regarding the exclusion of an alien for terrorism activities. Considers an alien who is a representative of any terrorist organization designated by proclamation by the President as detrimental to the interest of the United States to be engaged in such activities. Defines: (1) "terrorist organization" to mean any organization engaged, or which has a significant subgroup engaged, in terrorism activity, regardless of any legitimate activities conducted by the organization or subgroups; and (2) "terrorism" to mean premeditated, politically motivated violence perpetrated against noncombatant targets. Limits the access of aliens to records, documents, and classified information under specified circumstances. (Sec. 203) Allows the Attorney General (and, in some cases, an employee or official of the Department of Justice or any bureau or agency thereof) to authorize an application to a Federal court of competent jurisdiction for, and allows a judge of such court to grant, an order authorizing disclosure of information contained in an alien's application for adjustment of status for: (1) identification of an alien believed to have been killed or severely incapacitated; or (2) criminal law enforcement purposes against the alien if the alleged criminal activity occurred after the legalization application was filed and such activity poses an immediate risk to life or national security or would be prosecutable as an aggravated felony, without regard to the length of sentence that could be imposed on the applicant. Title III: Controls Over Terrorist Fund-Raising - Amends the Federal criminal code to authorize the President to regulate or prohibit within the United States or by any person subject to U.S. jurisdiction: (1) fund-raising or the provision of funds for use by or for the benefit of any foreign organization that the President has designated as being engaged in terrorism activities; or (2) financial transactions with any such foreign organization. Permits the President to revoke such designation, in whole or in part, when conditions so warrant. Makes any finding made in such designation that a foreign organization engages in terrorism activity conclusive. Prohibits any person within, or subject to the jurisdiction of, the United States: (1) from raising, receiving, or collecting funds on behalf of, or providing funds to or for, an organization or person so designated; and (2) acting for or on behalf of any organization or person so designated, from transferring or disposing of any funds in which such organization or person has an interest. Directs the Secretary of the Treasury to publish regulations setting forth the procedures to be followed by persons seeking to raise or provide funds for an organization so designated. Requires any person within the United States or subject to its jurisdiction who seeks to solicit funds for or to transfer funds to any organization or person so designated to first obtain a license from the Secretary (and thereafter allows solicitation or transfer of funds to a designated organization or person only as permitted under the terms of a license issued by the Secretary). Directs the Secretary to grant a license only after the person establishes that: (1) the funds are intended to be used exclusively for religious, charitable, literary, or educational purposes; and (2) all recipient organizations in any fund-raising chain have effective procedures in place to ensure that the funds will be used exclusively for such purposes and will not be used to offset a transfer of funds for terrorist activity. Sets forth recordkeeping requirements. Requires any financial institution which becomes aware that it has possession of or control over any funds in which an organization or person so designated has an interest to retain possession of or maintain control over such funds and report to the Secretary the existence of such funds. Sets penalties for violations of this provision. Sets forth provisions regarding: (1) investigations; (2) recordkeeping and reporting requirements and civil procedures; (3) penalties; (4) injunctions; (5) extraterritorial jurisdiction; and (6) interlocutory appeals and the discovery and introduction of classified information in civil proceedings brought by the United States. Title IV: Convention on the Marking of Plastic Explosives - Marking of Plastic Explosives for Detection Act - Prohibits (with exceptions) the manufacture, importation, exportation, shipment, transport, transfer, receipt, or possession of any plastic explosive which does not contain a detection agent. Prohibits any person (other than a U.S. agency or the National Guard of any State) possessing any plastic explosive on the effective date of this Act from failing to report to the Secretary the quantity of such explosives possessed, the manufacturer or importer, any identification marks, and such other information as the Secretary may prescribe. (Sec. 405) Sets forth: (1) penalties for violations of this title; and (2) affirmative defenses. (Sec. 407) Directs the Attorney General to exercise authority over violations of this title only when they are committed by a member of a terrorist or revolutionary group (and, in such case, the Attorney General shall have primary investigative responsibility). Title V: Nuclear Materials - Amends the Federal criminal code to expand the scope of provisions regarding prohibited transactions involving nuclear materials (for example, to include nuclear byproduct material) and the jurisdictional bases (such as to cover a situation where an offender or a victim is a U.S. national or a U.S. corporation or other legal entity). Title VI: Procedural and Technical Corrections and Improvements - Amends the Federal criminal code to expand the provision regarding the use of weapons of mass destruction to cover threats to use such weapons. Subjects to the death penalty any U.S. national who, outside of the United States, uses or threatens, attempts, or conspires to use a weapon of mass destruction. (Sec. 603) Makes specified terrorist offenses predicates to a violation of the Racketeer Influenced and Corrupt Organizations Act. (Sec. 604) Adds terrorism offenses to the money laundering statute. (Sec. 605) Authorizes interceptions of communications in certain terrorism-related offenses. (Sec. 606) Revises provisions of the Federal criminal code to provide that there is U.S. jurisdiction over specified maritime violence: (1) regardless of whether the activity is prohibited by the State in which it takes place; and (2) committed by a U.S. national or by a stateless person whose habitual residence is in the United States regardless of whether the activity takes place on a ship flying the flag of a foreign country or outside the United States. (Sec. 607) Expands Federal jurisdiction over bomb threats. (Sec. 608) Increases the penalty for explosives-related conspiracies. (Sec. 609) Includes assaults, murders, and threats against former Federal officials on account of the performance of their official duties within the scope of provisions proscribing influencing, impeding, or retaliating against a Federal official by threatening or injuring a family member. (Sec. 610) Adds conspiracy to specified terrorism-related offenses. Title VII: Antiterrorism Assistance - Revises the Foreign Assistance Act of 1961 to: (1) authorize antiterrorism training services conducted outside the United States during a period of not more than 180 (currently, 30) days; and (2) require U.S. Government personnel authorized to advise foreign countries on antiterrorism matters to carry out their responsibilities within the United States when determined most effective or outside the United States for periods not to exceed 180 consecutive calendar days. Repeals a provision prohibiting funds made available for antiterrorism assistance from being used for personnel compensation or benefits.
Bill· SS. 381 (104th)open
United States · United States Congress · 9 February 1995
TABLE OF CONTENTS: Title I: Strengthening International Sanctions Against the Castro Government Title II: Support for a Free and Independent Cuba Title III: Protection of American Property Rights Abroad Cuban Liberty and Democratic Solidarity (LIBERTAD) Act of 1995 - Title I: Strengthening International Sanctions Against the Castro Government - Expresses the sense of the Congress that: (1) the President should instruct the U.S. Permanent Representative to the United Nations to seek within the Security Council a mandatory international embargo against the Cuban Government; and (2) efforts by any independent state of the former Soviet Union to make the nuclear facility at Cienfuegos operational will have a detrimental impact on U.S. assistance to such state. (Sec. 102) Reaffirms a provision of the Cuban Democracy Act of 1992 which states that the President should encourage foreign countries to restrict trade and credit relations with Cuba. Urges the President to take steps to apply sanctions described by such Act against countries assisting Cuba. Directs the President to instruct the Secretary of the Treasury and the Attorney General to enforce the Cuban Assets Control Regulations. (Sec. 103) Makes it unlawful for any U.S. person to extend knowingly any loan or other financing to a foreign person that traffics in property confiscated by the Cuban Government the claim to which is owned by a U.S. person. Terminates such prohibition upon termination of the economic embargo of Cuba. (Sec. 104) Directs the Secretary to instruct the U.S. executive directors of the international financial institutions to vote against the admission of Cuba as a member of such institutions until Cuba holds free and fair democratic elections. Requires the President to support Cuba's membership in such institutions during the period that a transition government is in power, subject to the membership taking effect after a democratically-elected government is in power. Reduces U.S. payments to institutions that approve assistance to Cuba over the opposition of the United States. (Sec. 105) States that the President should instruct the U.S. Permanent Representative to the Organization of American States to vote against the readmission of Cuba to membership until a democratically-elected government is in power. (Sec. 106) Directs the President to report to the appropriate congressional committees on progress towards the withdrawal of personnel of any independent state of the former Soviet Union from the Cienfuegos nuclear facility. Amends the Foreign Assistance Act of 1961 to make ineligible for assistance any independent state that is providing assistance for, or engaging in nonmarket based trade with, Cuba. Withholds from assistance allocated for an independent state an amount equal to the assistance and credits provided by such state in support of military and intelligence facilities in Cuba. (Sec. 107) Requires the Director of the U.S. Information Agency to implement a conversion of television broadcasting to Cuba under the Television Marti Service to ultra high frequency broadcasting. (Sec. 108) Directs the President to report annually to the appropriate congressional committees on other countries' commerce with, and assistance to, Cuba. (Sec. 109) Prohibits the importation into U.S. customs territory of any sugars, syrups, and molasses that are the product of a country that has imported Cuban sugar, syrups, or molasses. Makes such prohibition inapplicable if such country certifies to the President that it will not import Cuban sugar, syrups, or molasses until free and fair elections are held in Cuba. Authorizes the President to reallocate to other countries the quota of sugars, syrups, and molasses allocated to such a country during the period in which a prohibition is in effect. Title II: Support for a Free and Independent Cuba - Authorizes the President to provide assistance for the Cuban people after a transition or a democratically-elected government is in power. Limits assistance to a transition government to humanitarian assistance. Expands assistance to a democratically-elected government to include assistance to promote free market development, private enterprise, and a mutually beneficial trade relationship between the United States and Cuba. (Sec. 202) Directs the President to determine whether to designate Cuba as a beneficiary country pursuant to the Caribbean Basin Economic Recovery Act. Permits such designation to be made only after a democratically-elected government is in power. Amends such Act to make Cuba eligible for such designation. Declares that the President, upon transmittal to the Congress of a determination that a democratically-elected government is in power in Cuba, should take steps to extend nondiscriminatory trade treatment (most-favored-nation status) to Cuban products and to encourage investment in Cuba. (Sec. 204) Terminates the U.S. trade embargo against Cuba upon the President's transmittal to the Congress of a determination that a democratically-elected government is in power in Cuba. (Sec. 205) Sets forth conditions under which a government in Cuba will be considered transitional or democratic. Title III: Protection of American Property Rights Abroad - Amends the Immigration and Nationality Act to exclude from the United States aliens involved in the confiscation of property owned by U.S. persons. (Sec. 302) Sets forth provisions regarding liability for damages owed to U.S. persons by persons or governments trafficking in confiscated property. Grants U.S. district courts exclusive jurisdiction over such actions. (Sec. 303) Amends the International Claims Settlement Act of 1949 to authorize a U.S. national to bring a claim resulting from expropriation actions of the Cuban Government to the Foreign Claims Settlement Commission for certification of the amount and validity whether or not the U.S. national qualified as a U.S. national at the time of the action. Requires claimants to be U.S. nationals at the time of confiscation in the case of property confiscated after the date of the enactment of the LIBERTAD Act of 1995. Repeals a time limitation on completion of the Commission's settlement of claims against China and Cuba.
Bill· HRH.R. 853 (104th)referred
United States · United States Congress · 7 February 1995
Provides for the adjustment of status to permanent resident under the Immigration and Nationality Act for certain Haitian children.
Bill· HRH.R. 845 (104th)reported
United States · United States Congress · 7 February 1995
Rescinds certain budget authority for the following: (1) the Immigration Emergency Fund of the Immigration and Naturalization Service, Department of Justice; (2) the Advanced Technology Program of the National Institute of Standards and Technology, Department of Commerce; (3) Department of Energy atomic energy defense activities; (4) funds appropriated to the President for contributions to the African Development Fund and assistance for the new independent states of the former Soviet Union; (5) clean coal technology of the Department of Energy; (6) training and employment services of the Department of Labor; (7) school improvement programs of the Department of Education; (8) certain Federal Railroad Administration programs under the Department of Transportation; and (9) wind tunnel construction for the National Aeronautics and Space Administration.
Bill· SS. 347 (104th)referred
United States · United States Congress · 2 February 1995
Terrorist Exclusion Act of 1995 - Amends the Immigration and Nationality Act to make membership in a terrorist organization a basis for exclusion from the United States.
Bill· HRH.R. 805 (104th)referred
United States · United States Congress · 2 February 1995
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 Job Creation and Invest in America Act of 1995 - 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 authorization 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) Repeals a credit for foreign taxes. (Sec. 3104) Repeals provisions for a deferral of income of controlled foreign corporations. (Sec. 3105) Requires the use of a formulaic approach to clearly reflect income of multinational corporations. (Sec. 3106) Repeals an increase in the basis of property acquired from a decedent. Provides that such basis is to be determined under rules applicable to gifts. (Sec. 3107) Phases in a capital gains tax on inherited property. (Sec. 3108) Provides for an additional exclusion of gain on the sale of a principal residence acquired from a decedent. 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.
Bill· HRH.R. 812 (104th)referred
United States · United States Congress · 2 February 1995
Waives certain naturalization requirements under the Immigration and Nationality Act with regard to a named individual.
Bill· SS. 313 (104th)referred
United States · United States Congress · 1 February 1995
Declares two named individuals to have been lawfully admitted to the United States for permanent residence under the Immigration and Nationality Act.
Bill· SS. 308 (104th)referred
United States · United States Congress · 1 February 1995
TABLE OF CONTENTS: Title I: Health Insurance Reform Title II: State Innovation Subtitle A: State Waiver Authority Subtitle B: State Laws Title III: Public Health and Rural and Underserved Access Improvement Title IV: Medical and Health Research Title V: Fraud and Abuse Subtitle A: All-Payer Fraud and Abuse Control Program Subtitle B: Revisions to Current Sanctions for Fraud and Abuse Subtitle C: Civil Monetary Penalties Subtitle D: Payments for State Health Care Fraud Control Units Title VI: Revenue Provisions Subtitle A: Financing Provisions Subtitle B: Health Care Reform Trust Fund Health Partnership Act of 1995 - 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. 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 patients receive high-quality, appropriate health care; and (4) testing alternative reforms. 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 Commission 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 and the Congress 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. Directs the Secretary to: (1) grant priority to State projects that have the greatest opportunity to succeed in providing expanded health insurance coverage and access and in providing children, youth, and vulnerable populations with access to health care items and services; and (2) attempt to link allocations to States to the meeting of goals and performance measures relating to health care coverage, access, costs, and outcomes and vulnerable populations through the State project application process. Permits local governments to submit such applications if a State fails to do so or if a local government can demonstrate unique demographic needs or a significant population size that warrants a substate waiver. Earmarks funds for such grants from the Health Care Reform Trust Fund. Subtitle B: State Laws - Part A: Existing Waivers and Hawaii Prepaid Health Care Act - Continues certain existing waivers for States from requirements of titles XVIII (Medicare) and XIX (Medicaid) of the Social Security Act and the Employee Retirement Income Security Act of 1974 (ERISA). Part B: Erisa Review - Amends ERISA to make certain ERISA preemptions of State laws regarding retirement income security inapplicable, upon application of a State, to State programs that: (1) require participation in an uncompensated care pool; (2) provide for the imposition of a specified tax on health care providers; or (3) implement an exemption as provided by this Act. (Sec. 2112) Directs the ERISA Review Commission to make recommendations to the Secretary of Labor with respect to: (1) uniform data collection concerning use, cost, and quality information and requiring common claims processing; (2) the authority of States to establish interim minimum benefits packages until implementation of a national uniform benefits plan; (3) the application of preemption rules only to self-insured employers which have more than a minimum number of employees; (4) the authority of States to regulate the quality of managed care plans which contract with self-insured plans; (5) State health care financing programs, including taxes on health services and employers to provide for coverage; (6) rate setting by hospital reimbursement systems; (7) the authority of States to require employers to pay for or offer health benefits; (8) the authority of the Federal Government to provide remedies and consumer protections to beneficiaries of self-insured plans; (9) the authority of States to require self-insured plans to participate in purchasing cooperatives and risk adjustment systems; (10) a national uniform benefits plan applicable to all health plans; and (11) unresolved issues. Sets forth requirements with respect to the implementation of such recommendations. (Sec. 2113) Establishes the Commission. Authorizes appropriations. Title III: Public Health and Rural and Underserved Access Improvement - Public Health and Rural and Underserved Access Improvement Act of 1995 - 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 and Health Research - Medical and Health Research Act of 1995 - Establishes a National Fund for Health Research in the Treasury. (Sec. 4003) 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: Fraud and Abuse - Health Fraud and Abuse Reduction Act of 1995 - Subtitle A: All-Payer Fraud and Abuse Control Program - Directs the Secretary and the Attorney General to establish: (1) an all-payer fraud and abuse control program; and (2) by regulation, standards to carry out the program. Authorizes appropriations as necessary to conduct investigations and audits of such fraud and abuse and to carry out such program. Establishes the Health Care Fraud and Abuse Control Account from which funds shall be available to carry out the program. Subtitle B: Revisions to Current Sanctions for Fraud and Abuse - Revises sanctions under the Social Security Act with respect to health care fraud and abuse. Subtitle C: Civil Monetary Penalties - Revises provisions of the Social Security Act regarding civil penalties for health care fraud violations. Subtitle D: Payments for State Health Care Fraud Control Units - Requires each State to establish and maintain a State agency to act as a Health Care Fraud and Abuse Control Unit. Sets forth: (1) requirements for such units; and (2) provisions providing for payments to the States for such units. Title VI: 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. 6001) 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. 6003) 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.
Bill· SS. 301 (104th)referred
United States · United States Congress · 31 January 1995
Criminal Alien Transfer and Border Enforcement Act of 1995 - Declares that the President should begin to negotiate and renegotiate bilateral prisoner transfer treaties. Requires the focus of such negotiations to be to: (1) expedite the transfer of aliens unlawfully in the United States who are incarcerated in U.S. prisons; (2) ensure that a transferred prisoner serves the balance of the sentence imposed by the U.S. courts; and (3) eliminate any requirement of prisoner consent to such a transfer. Directs the President to certify whether each prisoner transfer treaty is effective in returning aliens unlawfully in the United States who are incarcerated in the United States to their country of citizenship. Requires the President, subject to such a certification, to direct the Border Patrol and Customs Service Academies to enroll foreign law enforcement personnel for training to enhance the following U.S. law enforcement goals: (1) drug interdiction and cross-border criminal activity; (2) the prevention of illegal immigration; and (3) the prevention of illegal entry of goods into the United States.
Bill· HRH.R. 756 (104th)referred
United States · United States Congress · 31 January 1995
TABLE OF CONTENTS: Title I: Interdiction Title II: Alien Smuggling Title III: Employment Title IV: Government Benefits Title V: Criminal Aliens Title VI: Terrorist Aliens Title VII: Inspections Title VIII: Asylum Illegal Immigration Control Act of 1995 - Title I: Interdiction - Directs the Attorney General to install additional physicial barriers in high illegal-entry border areas. (Sec. 102) Authorizes appropriations for additional Border Patrol personnel. (Sec. 103) Directs the Attorney General and the Commissioner of the Immigration and Naturalization Service (INS) to implement an interior repatriation program for illegal aliens who have been deported at least three times. (Sec. 104) Directs the Attorney General and the Commissioner of INS to increase border detention facilites. Authorizes the transfer of closed military bases to be used as Federal incarceration facilities for illegal aliens. (Sec. 105) Authorizes the Attorney General to require vessels to provide INS with port of entry notification. (Sec. 106) Directs the Commissioner to collect a user fee for each U.S. land entry. (Sec. 107) Establishes a Border Control Trust Fund. Title II: Alien Smuggling - Amends the Immigration and Nationality Act (the Act) to expand INS forfeiture authority for smuggling or harboring illegal aliens. (Sec. 202) Brings alien smuggling operations under the purview of the Racketeer Influenced and Corrupt Organizations (RICO) provisions. (Sec. 203) Amends the Act to increase penalties for certain alien smuggling offenses. (Sec. 204) Amends Federal law to authorize INS wiretaps for alien smuggling investigations. Title III: Employment - Amends the Act to revise alien employment documentation and employer verification provisions, including social security card enhancements. (Sec. 302) Authorizes appropriations for additional INS investigators. Title IV: Government Benefits - Prohibits direct Federal benefits (except for emergency medical care) or housing assistance to an alien who is not a permanent resident, a refugee, an asylee, or a parolee. (Sec. 402) Prohibits unemployment benefits to an alien who has not been granted INS work authorization. (Sec. 404) Authorizes appropriations for the Save System. (Sec. 405) Reduces Federal assistance by 20 percent to any locality that refuses to cooperate in the arrest and deportation of illegal aliens. (Sec. 406) Establishes a uniform vital statistics pilot program for three States with high numbers of undocumented aliens. Authorizes appropriations. Title V: Criminal Aliens - Amends the Act to include aliens on criminal probation or criminal parole among the categories of aliens subject to special registration. (Sec. 502) Restricts specified deportation defenses. (Sec. 503) Authorizes electronic or telephonic deportation proceedings. (Sec. 504) Directs the Commissioner to operate a criminal alien tracking center. Authorizes appropriations. (Sec. 505) Directs the Secretary of State and the Attorney General to study the use and effectiveness of the Prisoner Transfer Treaty with Mexico to remove convicted aliens from the United States. (Sec. 506) Expedites deportation proceedings for specified criminal aliens. Title VI: Terrorist Aliens - Amends the Act to establish procedures for the removal of alien terrorists, including a special court to hear such cases. (Sec. 602) Makes membership in a terrorist organization a basis for U.S. exclusion. Title VII: Inspections - Directs the Attorney General to establish: (1) specified numbers of preinspection stations at foreign airports identified as last departure points for the greatest numbers of U.S.-arriving passengers and at those with the greatest numbers of U.S.-arriving undocumented aliens; and (2) an air carrier consultant program. (Sec. 702) Provides for the training of airline personnel in fraudulent document detection. (Sec. 703) Amends Federal law to increase specified passport and visa penalties. Title VIII: Asylum - Amends the Act to revise asylum procedures. (Sec. 802) Sets forth mandatory and discretionary conditions for granting provisional asylum.
Bill· HRH.R. 739 (104th)open
United States · United States Congress · 30 January 1995
Declaration of Official Language Act of 1995 - Declares English to be the official language of the U.S. Government. States that English is the preferred language of communication among U.S. citizens. Requires the U.S. Government to promote and support the use of English for communications among U.S. citizens. Requires communications by officers and employees of the U.S. Government with U.S. citizens to be in English. Directs the Immigration and Naturalization Service to : (1) enforce the established English language proficiency standard for all applicants for U.S. citizenship; and (2) conduct all naturalization ceremonies entirely in English. Allows anyone injured by a violation of such provisions to obtain appropriate relief in a civil action. Authorizes the court in any such action to allow a prevailing party, other than the U.S. Government, a reasonable attorney's fee as part of costs. Repeals the Bilingual Education Act (title VII of the Elementary and Secondary Education Act of 1965). Amends the Voting Rights Act of 1965 to repeal bilingual election ballot requirements.
Bill· HRH.R. 741 (104th)open
United States · United States Congress · 30 January 1995
TABLE OF CONTENTS: Title I: Family Investment Program and Other Welfare Reform Title II: Improvements in the Collection of Child Support Title III: Welfare Restrictions for Aliens Welfare to Self-Sufficiency Act of 1994 (sic) - Title I: Family Investment Program and Other Welfare Reform - Amends part A (Aid to Families with Dependent Children) (AFDC) of title IV of the Social Security Act (SSA) to require State AFDC plans in States without a waiver from the Secretary of Health and Human Services (Secretary) to provide for a program in which the State agency negotiates an agreement with each family on AFDC outlining the steps non-exempt family members must take. Includes among such steps participation in education or job training programs, or in substance abuse treatment or parenting programs, in order to attain self-sufficiency within a certain period. Requires supplemental services, such as transportation and child care, when necessary for achieving such goal, as well as support and case management when adapting such agreement for changing family circumstances. Requires the State agency to offer such families enrollment in a limited benefit plan under which benefits are suspended after six months, and in which families failing to comply with the agreement are automatically enrolled. (Sec. 101) Requires the Secretaries of Health and Human Services, of Labor, and of Education to ensure appropriate coordination in the planning, development, and operation of the family investment program above and other specified programs, including the JOBS program under SSA title IV part F (Job Opportunities and Basic Skills Training Program) in order to improve departmental services and reduce program overlap and administrative costs. (Sec. 102) Makes numerous miscellaneous amendments to SSA title IV part A. Provides States with various specified options for moving AFDC recipients towards self-sufficiency, including options for: (1) increasing asset limits and disregards for work expenses, earned income, and automobiles; (2) disregarding interest income and certain earned income of new employees and dependent children as well as certain income and resources related to microenterprise and other employment and self-sufficiency initiatives; and (3) requiring certain unemployed parents to participate in job search and training activities. Eliminates the earned income disregard time limitation and various work-related requirements with regard to unemployed parent households. Provides for the inclusion of microenterprise training and activities in the JOBS program, and makes various specified changes with regard to program job searches, work assignments, and grievance procedures. (Sec. 106) Requires pregnant AFDC recipients to participate in the JOBS program. Changes payment formulae for the JOBS program and child care. Increases the JOBS program's authorization. (Sec. 109) Extends transitional child care benefits and the disregards for earned income and child care to non-recipient stepparents. Provides for timely preventive health care for children of AFDC recipients. (Sec. 110) Directs the Secretary to establish wage supplementation demonstration projects for certain AFDC-eligible individuals to provide an incentive to work. Title II: Improvements in the Collection of Child Support - Amends SSA title IV part D (Child Support and Establishment of Paternity) and the Internal Revenue Code to provide for the establishment of a system under which the Internal Revenue Service (IRS) would collect child support via wage withholding and estimated tax payments and disperse it as appropriate. Requires the entire amount of child support owed to be paid to the IRS by the end of the applicable tax year along with the individual's tax return. Subjects delinquent individuals to generally the same penalties applicable to back taxes. (Sec. 203) Gives States the option of periodically making available for publication the identity of individuals at least three months behind in child support payments. Title III: Welfare Restrictions for Aliens - Declares that no AFDC, Medicaid, food stamp, supplemental security income, or Federal unemployment compensation benefits shall be available to an unlawful alien, except pursuant to the Immigration and Nationality Act. (Sec. 301) Requires that any lawful alien receiving any such benefits for 12 months be reported to the Immigration and Naturalization Service (INS) and be treated as a public charge. Requires attribution of a sponsor's or spouse's income and resources to a family preference alien as unearned income and resources until such alien achieves U.S. citizenship. (Sec. 302) Requires the State AFDC agencies to provide information on illegal aliens to the INS.
Bill· HRH.R. 745 (104th)referred
United States · United States Congress · 30 January 1995
NATO Special Immigrant Amendments of 1995 - Amends the Immigration and Nationality Act to provide special immigrant status for certain NATO civilian employees.
Bill· HRH.R. 705 (104th)open
United States · United States Congress · 26 January 1995
Amends the Immigration and Nationality Act to limit citizenship at birth to persons born in the United States to a mother who is a U.S. citizen or legal resident.
Bill· HRH.R. 712 (104th)referred
United States · United States Congress · 26 January 1995
Authorizes the adjustment of status to permanent resident of certain Nicaraguans.
Bill· HJRESH.J.Res. 64 (104th)open
United States · United States Congress · 26 January 1995
Constitutional Amendment - Limits citizenship at birth to persons born in the United States to a mother who is a U.S. legal resident or citizen.
Bill· HRH.R. 668 (104th)open
United States · United States Congress · 25 January 1995
Criminal Alien Deportation Improvements Act of 1995 - Amends the Immigration and Nationality Act to revise criminal alien deportation procedures. Amends the Violent Crime Control and Law Enforcement Act of 1994 to permit the Federal Bureau of Investigation to assist the criminal alien tracking center. Amends Federal criminal law to: (1) bring certain alien smuggling-related crimes under the purview of the Racketeer Influenced and Corrupt Organizations (RICO) provisions; and (2) authorize wiretaps for alien smuggling investigations.
Bill· SS. 269 (104th)reported
United States · United States Congress · 24 January 1995
TABLE OF CONTENTS: Title I: Immigrant Control Subtitle A: Law Enforcement Subtitle B: Other Control Measures Subtitle C: Effective Dates Title II: Financial Responsibility Immigrant Control and Financial Responsibility Act of 1995 - Title I: Immigrant Control - Subtitle A: Law Enforcement - Part 1: Additional Enforcement Personnel - Authorizes appropriations to hire additional Border Patrol agents and Immigration and Naturalization Service (INS) investigators. Part 2: System to Verify Eligibility to Work and to Receive Public Assistance - Directs the Attorney General and the Secretary of Health and Human Services to develop and implement a system to verify work and public assistance eligibility. Provides for the creation of related State and national demonstration projects. Authorizes appropriations. Directs the Attorney General to establish the Database for Employment Authorization Verification. Establishes in the Department of Justice the Office of Employment and Public Assistance Eligibility Verification. Authorizes appropriations. Part 3: Alien Smuggling - Amends Federal law to: (1) authorize INS wiretaps for alien smuggling investigations; and (2) include alien smuggling and certain fraudulent document use provisions within the parameters of the Racketeer Influenced and Corrupt Organizations statute (RICO). (Sec. 123) Amends the Immigration and Nationality Act (Act) to increase alien smuggling penalties. (Sec. 124) Subjects all property, real and personal, associated with illegal alien smuggling or harboring activities (not only conveyances, as under current law) to Federal seizure and forfeiture. Part 4: Document Fraud, Misrepresentation, and Failure to Present Documents - Increases criminal penalties for fraudulent use of Government identification documents. Establishes civil and criminal penalties for immigration related document fraud, misrepresentation, and failure to present documents upon arrival. (Sec. 136) Makes document fraud or failure to present documents grounds for U.S. exclusion. Part 5: Exclusion and Deportation - Amends the Act to establish a special port of entry exclusion procedure for specified fraudulent document cases. (Sec. 142) Restricts judicial review of deportation and exclusion orders to limited habeas corpus proceedings. (Sec. 144) Provides civil penalties for failure to depart. (Sec. 145) Authorizes INS appropriations for deportation and related costs. (Sec. 147) Denies nonimmigrant visas for countries refusing to accept deported aliens. (Sec. 148) Limits withholding of deportation for excludable aliens apprehended at sea. Part 6: Miscellaneous - Establishes pilot programs for: (1) methods to deter multiple unauthorized entries by aliens into the United States, including the use of interior or third country repatriation; and (2) use of closed military bases to detain excludable or deportable aliens. Subtitle B: Other Control Measures - Part 1: Parole Authority - Amends the Act to make parole authority useable on a case-by-case basis for humanitarian reasons or significant public benefit. (Sec. 162) Includes parolees in the world-wide level of family-sponsored immigrants. Part 2: Asylum and Refugees - Restricts asylum provisions, including work authorization. (Sec. 173) Authorizes the Attorney General, in order to reduce the asylum backlog, to temporarily: (1) use additional funds for property acquisition; and (2) hire Federal retirees. (Sec. 174) Amends the Act to require congressional approval for annual admission of more than 50,000 refugees. Part 3: Cuban Adjustment Act - Repeals the Cuban Adjustment Act. Subtitle C: Effective Dates - Sets forth specified effective dates. Title II: Financial Responsibility - Part 1: Receipt of Certain Public Benefits - Prohibits public assistance and benefits, with specified exceptions, to an alien who is not a permanent resident, a refugee, an asylee, a specified parolee, or an alien under withheld deportation. Prohibits unemployment benefits to an alien who has not been granted work authorization. (Sec. 203) Defines "public charge" for deportation purposes. (Sec. 204) Sets forth sponsor affidavit of support requirements. Part 2: Border Crossing Fee - Provides for the imposition of fees at ports of entry sufficient to cover INS costs of maintaining and operating port of entry facilities. Requires fees to be deposited in the Land Border User Fee Account of the Treasury. (Sec. 212) Authorizes pilot projects for: (1) commuter border crossing fees; and (2) automated border crossing technology. Part 3: Effective Dates - Sets forth specified effective dates.
Bill· SS. 270 (104th)referred
United States · United States Congress · 24 January 1995
Alien Terrorist Removal Act of 1995 - Amends the Immigration and Nationality Act to establish procedures for the removal of alien terrorists, including a special court to hear such cases.
Bill· HRH.R. 650 (104th)referred
United States · United States Congress · 24 January 1995
Amends the Immigration and Nationality Act to make membership in a terrorist organization a basis for exclusion from the United States.
Bill· HRH.R. 637 (104th)open
United States · United States Congress · 23 January 1995
Limits alien eligibility for specified public assistance programs (excluding emergency medical assistance) to aliens who are legal permanent residents.
Bill· HRH.R. 602 (104th)open
United States · United States Congress · 20 January 1995
TABLE OF CONTENTS: Title I: Territorial Administrative Cessation Act Title II: Authority Modifications Pursuant to Covenant of Northern Mariana Islands Title III: Insular Areas Consolidation Act Title IV: Conveyance of Submerged Lands to Northern Mariana Islands Title V: Guam World War II Loyalty Recognition Act Title VI: Delegate From Puerto Rico Title VII: Consultation of and Efforts to Include Territories Regarding Free Trade Agreements Omnibus Territories Act - Title I: Territorial Administrative Cessation Act - Territorial Administrative Cessation Act - Abolishes the Office of Territorial and International Affairs of the Department of the Interior. Title II: Authority Modifications Pursuant to Covenant of Northern Mariana Islands - Amends the Fair Labor Standards Act of 1938 to provide minimum wage coverage for the Commonwealth of the Northern Mariana Islands on the same basis as American Samoa. (Sec. 203) Treats the Northern Mariana Islands as a State for purposes of the Immigration and Nationality Act. Applies Federal statutes and regulations governing admission to Guam of certain workers described by such Act to individuals seeking entry into the Northern Mariana Islands for purposes of employment in the textile, hotel, tourist, or construction industries. Requires the Attorney General to limit the amount of immigrant workers in such industries to the number of such workers admitted into the Northern Mariana Islands in 1992. Authorizes an increase in such limit based on the percentage by which the current population exceeds that of the 1992 population. (Sec. 204) Removes the authority of the Northern Mariana Islands to rebate taxes. Title III: Insular Areas Consolidation Act - Insular Areas Consolidation Act of 1995 - Requires the State of Hawaii to include Baker Island, Jarvis Island, Johnston Atoll, Kingman Reef, Howland Island, the Midway Islands, and Palmyra Atoll. (Sec. 302) Subjects such islands, appurtenant reefs, and territorial waters to existing rights of use, ownership, and operation by the U.S. Government. (Sec. 303) Exempts such reef, islands, and atolls from provisions governing guano islands. (Sec. 305) Makes such consolidation subject to acceptance by the Governor of Hawaii. Title IV: Conveyance of Submerged Lands to Northern Mariana Islands - Makes specified provisions regarding the conveyance of tidelands, submerged lands, and filled lands currently applicable to Guam, the Virgin Islands, and American Samoa applicable to the Northern Mariana Islands as well. Title V: Guam World War II Loyalty Recognition Act - Guam World War II Loyalty Recognition Act - Sets forth requirements for claims for awards or benefits for compensable injuries suffered by Guamanians during World War II. (Sec. 502) Defines "compensable injury" as any of the three following categories of injury incurred during, or as a result of, World War II: (1) death; (2) personal injury; or (3) forced labor, forced march, or internment. (Sec. 503) Requires the Guam World War II Loyalty Recognition Trust Fund Board of Directors to determine eligibility for awards or benefits and certify claims for payment. (Sec. 504) Makes Guamanians who personally received compensable injuries eligible for awards and heirs or next of kin of such individuals eligible for benefits. Lists additional criteria to be met by claimants. Provides for payment for certified claims. (Sec. 505) Requires payment of the benefit (in cases where the relevant injury was death) to be divided among the heirs or next of kin claiming such payment, as provided in the Guam probate laws. (Sec. 506) Establishes the Guam World War II Loyalty Recognition Trust Fund and the Trust Fund Board of Directors for making disbursements under this Act. Permits the Board to make disbursements from the Trust Fund only: (1) to make payments of awards and benefits to eligible claimants; (2) to sponsor research and public educational activities relating to Guamanian wartime experiences; (3) to disburse funds as benefits to eligible claimants through a revolving fund for purposes such as post-secondary scholarships and first-time home ownership loans; and (4) for administrative expenses. (Sec. 510) Limits any remuneration on account of services rendered on behalf of any claimant in connection with any claim to five percent of the amount paid on such claim. Prescribes penalties for violations of such limit. (Sec. 512) Authorizes appropriations. Title VI: Delegate from Puerto Rico - Redesignates the Resident Commissioner to the United States from Puerto Rico as the Delegate from Puerto Rico. (Sec. 602) Reduces the term of office of the Delegate from four to two years. Title VII: Consultation of and Efforts to Include Territories Regarding Free Trade Agreements - Requires the President to: (1) consult with representatives chosen by the governors of Puerto Rico and the Virgin Islands regarding the process advanced by the Miami Summit of the Americas Declaration of Principles that would have an impact on such territories and include such representatives in the U.S. delegation to any working group or task force regarding such process, including the development of the Free Trade of the Americas agreement; (2) provide for the same consultation and inclusion of representatives with respect to American Samoa, Guam, and the Northern Mariana Islands regarding the process advanced by the Bogor Asia-Pacific Economic Cooperation (APEC) Leaders' Declaration of Common Resolve that would have any impact on such territories, including the goal of free trade among APEC members. (Sec. 702) Requires the President to grant American Samoa, Guam, the Northern Mariana Islands, and the Virgin Islands tariff treatment comparable to that granted to parties to the North American Free Trade Agreement (NAFTA) or other free trade agreements to which the United States becomes a party. Applies such requirement only if such a territory reaches a tariff staging agreement with the President that phases out tariffs between the territory and the United States in equal annual increments over a period not to exceed ten years. (Sec. 703) Requires, upon completion of such an agreement, that: (1) such territory be included in the U.S. customs territory; and (2) the President take steps necessary to include such territory in NAFTA and all other free trade agreements to which the United States is a party.
Bill· HRH.R. 592 (104th)open
United States · United States Congress · 19 January 1995
Amends the Immigration and Nationality Act, as amended by the Department of State and Related Agencies Appropriations Act, 1995, to repeal the authority to adjust the status of certain nonimmigrant aliens.
Bill· HRH.R. 569 (104th)referred
United States · United States Congress · 19 January 1995
Provides for the administrative transfer of the Border Patrol from the Immigration and Naturalization Service to the Department of Justice under the Attorney General.
Bill· HRH.R. 570 (104th)referred
United States · United States Congress · 19 January 1995
Directs the Secretary of Health and Human Services, through the Social Security Administration and with the Attorney General and the Secretary of Labor, to develop a counterfeit-resistant social security card. Directs the Attorney General to designate the social security card as the single acceptable work authorization document under the Immigration Reform and Control Act.
Bill· HJRESH.J.Res. 56 (104th)open
United States · United States Congress · 19 January 1995
Constitutional Amendment - Limits citizenship at birth to persons born in the United States to a mother or father who is a U.S. legal resident.
Bill· HRH.R. 552 (104th)referred
United States · United States Congress · 18 January 1995
Criminal Alien Transfer and Border Enforcement Act of 1995 - Declares that the President should begin to negotiate and renegotiate bilateral prisoner transfer treaties. Requires the focus of such negotiations to be to: (1) expedite the transfer of aliens unlawfully in the United States who are incarcerated in U.S. prisons; (2) ensure that a transferred prisoner serves the balance of the sentence imposed by the U.S. courts; and (3) eliminate any requirement of prisoner consent to such a transfer. Directs the President to certify whether each prisoner transfer treaty is effective in returning aliens unlawfully in the United States who are incarcerated in the United States to their country of citizenship. Requires the President, subject to such a certification, to direct the Border Patrol and Customs Service Academies to enroll foreign law enforcement personnel for training to enhance the following U.S. law enforcement goals: (1) drug interdiction and cross-border criminal activity; (2) the prevention of illegal immigration; and (3) the prevention of illegal entry of goods into the United States.
Bill· HRH.R. 560 (104th)open
United States · United States Congress · 18 January 1995
TABLE OF CONTENTS: Title I: Immigration and Law Enforcement Title II: Immigration Document Fraud Prevention Title III: Restrictions on Alien Eligibility for Welfare Immigration Reform Act of 1995 - Title I: Immigration and Law Enforcement - Increases: (1) FY 1996 personnel levels and funding for the Border Patrol; and (2) personnel levels for the Immigration and Naturalization Service (INS). (Sec. 103) Amends the Immigration and Nationality Act (Act) to provide for inservice training to familiarize Border Patrol personnel with the rights and varied cultural backgrounds of aliens and citizens. Authorizes FY 1996 appropriations. (Sec. 105) Increases FY 1996 personnel levels in: (1) the Wage and Hour Division with the Employment Standards Administration of the Department of Labor, and assigns such additional personnel to areas with high concentrations of undocumented aliens; and (2) the Investigations Division within INS, and assigns such additional personnel to investigate violations of the employer sanctions provisions of the Act. (Sec. 107) Increases the number of Assistant United States Attorney positions, and assigns such additional personnel to prosecute persons who harbor or bring illegal aliens into the United States. (Sec. 108) Prohibits the transportation of illegal aliens for employment purposes. (Sec. 109) Prohibits Federal financial assistance to localities whose officials refuse to cooperate in the arrest and deportation of illegal aliens. (sec. 110) Expresses the sense of the Congress that the Attorney General and the Secretary of State should initiate programs with Mexico and Canada to prevent and prosecute the smuggling of aliens into the United States. Title II: Immigration Document Fraud Prevention - Provides for: (1) the replacement of current alien registration cards with new counterfeit-resistant identification cards (which shall not be considered national identity cards) for all resident aliens eligible to work in the United States; (2) a national program to educate employers about their responsibilities under the Immigration and Nationality Act and the uses of such cards; and (3) a demonstration program to determine the feasibility of a computerized telephone worker verification system for employers. Authorizes FY 1996 and 1997 appropriations. Title III: Restrictions on Alien Eligibility for Welfare - Prohibits direct Federal financial benefits or social insurance benefits (including aid to families with dependent children, supplemental security income, food stamps, and public housing assistance) to aliens who are not lawful permanent residents. Prohibits unemployment benefits to aliens who have not been granted employment authorization under Federal law. Makes a limited exception from this prohibition for benefits under the old age, survivors, and disability insurance (OASDI) program, but prohibits taking into account unauthorized wages paid on or after enactment of this Act in crediting quarters of coverage for the OASDI program under the Social Security Act.
Bill· HRH.R. 551 (104th)referred
United States · United States Congress · 17 January 1995
Prohibits the Attorney General from disapproving a named individual's petition for classification as an immediate relative, or application for adjustment of status to that of an alien lawfully admitted for permanent residence, on the grounds that his marriage to a named individual was entered into in order to evade U.S. immigration laws.
Bill· SS. 221 (104th)referred
United States · United States Congress · 12 January 1995
Declares a named individual to have been lawfully admitted to the United States for permanent residence under the Immigration and Nationality Act.
Bill· SS. 217 (104th)referred
United States · United States Congress · 12 January 1995
Declares a named individual to have been lawfully admitted to the United States for permanent residence under the Immigration and Nationality Act.
Bill· SS. 220 (104th)referred
United States · United States Congress · 12 January 1995
Declares a named individual to have been lawfully admitted to the United States for permanent residence under the Immigration and Nationality Act.
Bill· SS. 214 (104th)referred
United States · United States Congress · 12 January 1995
Declares a named individual to have been lawfully admitted to the United States for permanent residence under the Immigration and Nationality Act.
Bill· HRH.R. 484 (104th)open
United States · United States Congress · 11 January 1995
Makes aliens not lawfully in the United States ineligible for specified types of public welfare assistance, including Medicaid (except emergency medical assistance), Aid to Families with Dependent Children, and child welfare services.
Bill· HRH.R. 498 (104th)referred
United States · United States Congress · 11 January 1995
Classifies a named individual as an immediate relative under the Immigration and Nationality Act for purposes of visa issuance and adjustment of status.
Bill· SS. 179 (104th)referred
United States · United States Congress · 9 January 1995
TABLE OF CONTENTS: Title I: Deportation of Criminal Aliens Title II: Local Cooperation with Federal Officials and Procedures Title III: Miscellaneous Criminal Alien Control Act of 1995 - Title I: Deportation of Criminal Aliens - (Sec. 101) Amends the Immigration and Nationality Act to provide that an alien who is convicted of any felony, not just specified felonies as under current law, may be deported. (Sec. 102) Presumes conclusively that an alien convicted of a felony is deportable. Limits the scope of judicial review for an alien subject to a final order of deportation. (Sec. 103) Permits a U.S. district court or a State court to enter a judicial order of deportation at the time of sentencing an alien. (Sec. 105) Restricts certain defenses to deportation available for certain criminal aliens. (Sec. 106) Requires the deportation of a criminal alien after the issuance of the deportation order, even if an appeal is made. Permits review of the order by such alien while outside the United States. (Sec. 107) Prohibits a previously deported alien involved in a criminal proceeding for illegal U.S. entry from challenging the deportation order. (Sec. 108) Places restrictions on asylum claims for criminal aliens. (Sec. 109) Requires the Federal incarceration of an undocumented criminal alien under specified circumstances. (Sec. 110) Authorizes electronic or telephonic deportation hearings. Title II: Local Cooperation with Federal Officials and Procedures - (Sec. 201) Denies funding under the Violent Crime Control and Law Enforcement Act of 1993 to a State or local government that will not provide requested information to Federal immigration officials. Title III: Miscellaneous - (Sec. 301) Provides for the detention of undocumented criminal aliens on closed military installations. (Sec. 302) Authroizes special registration for aliens on criminal parole or probation.
Bill· HRH.R. 460 (104th)referred
United States · United States Congress · 9 January 1995
Vietnam and Korea POW-MIA Rescue Act - Directs the Attorney General to grant asylum to: (1) nationals of Laos, Vietnam, Cambodia, or Burma who assist in the return of living Vietnam POW/MIAs; and (2) nationals of North Korea, South Korea, or China who assist in the return of living Korean POW/MIAs.
Bill· SS. 168 (104th)referred
United States · United States Congress · 5 January 1995
TABLE OF CONTENTS: Title I: Health Care Security Subtitle A: Universal Coverage and Individual Responsibility Subtitle B: Benefits Subtitle C: State Role in Reform Subtitle D: Expanded Access to Health Plans Subtitle E: Standards for Reform Subtitle F: Federal Responsibilities Subtitle G: Miscellaneous Employer Requirements Subtitle H: General Definitions; Miscellaneous Provisions Title II: New Benefits Subtitle A: Home and Community-Based Services Subtitle B: Life Care Subtitle C: Sense of the Committee with Regard to Prescription Drugs Title III: Public Health Initiatives Subtitle A: Workforce Priorities Under Federal Payments Subtitle B: Health Research Initiatives Subtitle C: Health Services for Medically Underserved Populations Subtitle D: Assistance for State Managed Mental Health and Substance Abuse Programs Subtitle E: Comprehensive School Health Education; School-Related Health Services Subtitle F: Public Health Service Initiative Title IV: Medical Malpractice Subtitle A: Liability Reform Subtitle B: Other Provisions Relating to Medical Malpractice Liability Title V: Fall-Back Premium Limits in Cases of Ineffective Competition; Premium-Based Financing; Assistance to Low Income Individuals and to Businesses Subtitle A: Fall-Back Premium Limits Subtitle B: Premium-Related Financings Subtitle C: Payments to Health Plans and Miscellaneous Provisions Subtitle D: Cost-Sharing Assistance, Application for Assistance and Premium Discounts, and Income Reconciliation Title VI: Aggregate Government Payments Subtitle A: Aggregate Federal Payments to Participating State Subtitle B: Borrowing Authority to Cover Cash-Flow Shortfalls Subtitle C: Miscellaneous Provisions Affordable Health Care for All Americans Act - Title I: Health Care Security - Subtitle A: Universal Coverage and Individual Responsibility - Entitles each U.S. citizen or national, resident alien, and long-term nonimmigrant (except for individuals exempt from paying Social Security taxes and except for individuals eligible under title XVIII (Medicare) of the Social Security Act)) to the benefits required under subtitle B. (Sec. 1004) Declares that: (1) subject to exception, the applicable health plan for a family is a community-rated plan for the community-rating area in which the family resides; and (2) the applicable health plan for a family member eligible to enroll in an experienced-rated (sic) plan is such an experienced-rated (sic) plan. Allows eligible individuals who are permitted to elect coverage under more than one plan to elect which will be the applicable plan. (Sec. 1005) Prohibits aliens who are not eligible individuals from obtaining benefits through enrollment under this Act. Allows benefits to lawful nonimmigrants (who are not long-term nonimmigrants) only in accordance with any reciprocal agreements between the United States and foreign States. (Sec. 1011) Requires, subject to exception, all members of the same family to be enrolled in the same applicable plan. Authorizes national rules regarding who will be treated as children under this Act. (Sec. 1012) Provides for the treatment of certain families that include: (1) Medicare-eligible individuals; (2) recipients under part A (Aid to Families with Dependent Children (AFDC)) of the Social Security Act; and (3) disabled and nondisabled recipients under title XVI (Supplemental Security Income for the Aged, Blind, and Disabled (SSI)) of the Social Security Act. Allows qualifying students to enroll in a community-rate plan for the area in which the school is located. (Sec. 1013) Requires individuals (and their spouses) who are eligible as an employee for more than one plan to elect the applicable plan. Subtitle B: Benefits - Requires a certified health plan to provide benefits actuarially equivalent to the BlueCross-Blue Shield standard option plan provided under the Federal Employees Health Benefits Program (FEHBP) on January 1, 1995. Includes in minimum services: (1) hospital services; (2) health professionals' services; (3) emergency and ambulatory medical and surgical services; (4) clinical preventive services; (5) mental illness and substance abuse services; (6) family planning services and services for pregnant women; (7) hospice care, home health care, extended care services, outpatient rehabilitation services, and ambulance services; (8) outpatient laboratory, radiology and diagnostic services; (9) outpatient prescription drugs and biologicals; (10) durable medical equipment; (11) vision care and dental care for children; and (12) patient care costs of qualified investigational treatments. Prohibits scope or duration limits on certain services. Declares that certain services are not medically necessary or appropriate. Prohibits cost-sharing for preventive and prenatal services. Mandates establishment of three model certified plans having cost-sharing and scope and duration limits appropriate for fee-for-service plans, preferred provider plans, and health maintenance organization (HMO) plans. Requires a study on the provision and enrollment patterns of certified plans. (Sec. 1102) Declares that a health professional or a health facility may not be required to provide an item or service under a certified plan if the professional or facility objects on the basis of a religious belief or moral conviction. (Sec. 1103) Prohibits balance billing. Subtitle C: State Role in Reform - Requires each State to establish a State market reform program (SMRP) meeting the requirements of this title. (Sec. 1202) Mandates certain SMRP actions, including regarding certification of insured health plans, establishment of community rating areas, certification of purchasing cooperatives, establishment of purchasing cooperative coordination rules, development of standardized comparative certified plan information and information on accessing plans and cooperatives, providing for risk adjustment programs for community-rated and association health plans, and enrollment periods. (Sec. 1209) Authorizes a SMRP to certify a network plan to operate in a service area different from the borders of a community rating area if certain requirements are met. (Sec. 1210) Allows a State, on approval by the Secretary of Health and Human Services and notwithstanding specified provisions of this Act, to tighten premium rate bands beyond the variation permitted, establish association plan rules more restrictive than provided for, and establish financial solvency requirements exceeding requirements. (Sec. 1211) Mandates establishment (by grant or contract) and oversight of a National Center of Consumer Advocacy to provide technical assistance, training, and support to States and Offices of Consumer Advocacy in each State. (Sec. 1212) Requires each participating State to establish a procedure for exempt employers to elect to be treated as a community- rated employer. (Sec. 1222) Sets forth requirements for single-payer systems, including: (1) operation by the State or a designated agency of the State; (2) enrollment of all individuals in the State, subject to exception; (3) payments made by the State (directly or through fiscal intermediaries) to providers; (4) coverage of all items and services as required by subtitle B of this title (allowing reduced but not increased cost-sharing); (5) limiting the health care spending increase rate; and (6) meeting the requirements applicable to certified plans. Subtitle D: Expanded Access to Health Plans - Requires that each employer make available to each employee the opportunity to enroll in one of at least three certified plans, including either a fee-for-service plan or a point-of-service option. Allows a small employer (defined as having fewer than 100 employees) to meet this requirement through a purchasing cooperative; requires a large employer (defined as having 100 or more employees) to meet this requirement only through offering experience-rated health plans. Provides for payroll withholding of any required employee premiums. (Sec. 1302) Allows small employer employees who are community- rated individuals to elect to enroll in any certified plan in the community rating area in which the employees work or live. (Sec. 1311) Allows a State to establish or charter purchasing cooperatives. Prohibits any individual or entity engaged in the sale of health insurance from forming or underwriting a purchasing cooperative (PC) or holding or controlling any right to vote regarding a PC. (Sec. 1313) Requires PCs to: (1) accept all small employers and individuals eligible for coverage in the community-rated market and residing in the area served by the cooperative; and (2) enter into agreements with at least three certified plans providing the benefits described in subtitle B, including at least one fee-for-service plan or point-of-service plan. Prohibits PCs from: (1) being involved in approval or enforcement of payment rates for providers; (2) being involved in the compliance of certified plans; or (3) assuming financial risk relating to a plan. (Sec. 1321) Requires certified association plans (APs), except as otherwise provided, to meet all requirements of this Act for certified plans offered by large employers. Requires, for APs meeting those requirements, treating: (1) the AP as a plan established and maintained by a large employer; and (2) individuals enrolled in the AP as experience-rated individuals. Requires an AP to cover at least 500 lives. Declares that the certifying authority for APs is: (1) the Secretary of Labor for a certified AP that is a multistate self- insured plan; (2) the State for a certified AP that is a single State self-insured plan. Applies risk adjustment provisions of this Act to APs. Mandates solvency standards for APs. (Sec. 1324) Repeals specified provisions of the Employee Retirement Income Security Act of 1974 (ERISA) relating to multiple employer welfare arrangements. (Sec. 1325) Requires church plans and multiemployer plans, except as otherwise provided, to meet all requirements of this Act for certified plans offered by large employers. Requires, for plans meeting those requirements, treating: (1) the plan as a plan established and maintained by a large employer; and (2) individuals enrolled in the plan as experience-rated individuals. Declares that the certifying authority for such plans is the Secretary of Labor. Sets forth risk adjustment and solvency requirements. (Sec. 1331) Requires any health plan participating under the Federal Employees Health Benefits Program to offer the plan to community-rated individuals and small employers in community rating areas served by the plan at a premium established in accordance with specified provisions of this Act. Subtitle E: Standards for Reform - Sets forth requirements regarding certified health plans. Requires a plan sponsor offering a community-rated plan to offer the plan to any community-rated individual and a plan sponsor offering an experience-rated plan to offer the plan to any experience-rated individual. Declares that a network plan may be made available only in a service area not identical to a community rating area if specified requirements are met. Mandates renewability, subject to exception. (Sec. 1413) Requires standard premiums within each community rating area to be the same for each plan. Requires the premium charged to be the product of the standard premium, an adjustment for the class of enrollment (individual, couple only, single parent, or dual parent), and an age adjustment factor. (Sec. 1414) Prohibits denial, limitation, or conditioning of coverage on any reason, including health status, except as provided in this Act. (Sec. 1416) Allows a plan to offer: (1) additional coverage only if offered and priced separately, if the purchase of the plan is not conditioned on purchase of additional coverage, and if the additional coverage is also offered to individuals not in the plan; and (2) a reduction in cost-sharing only to enrollees for a price that includes any use increase expected to result from the cost-sharing reduction. (Sec. 1417) Requires each community-rated plan to: (1) participate in a risk adjustment program; (2) meet financial solvency requirements; (3) provide information to the State; and (4) provide for quality improvement and quality assurance. Prohibits: (1) utilization management from creating financial incentives for reviewers to reduce or limit medically necessary or appropriate services; and (2) physician incentive plans unless in accordance with specified provisions of title XVIII (Medicare) of the Social Security Act. (Sec. 1421) Applies to each plan Medicare provisions relating to procedures to notify a patient of the patient's right to accept or refuse treatment and to execute an advance directive. Limits plan gatekeepers in complex or chronic health conditions so as to avoid undue enrollee burdens. Mandates procedures to protect confidentiality. Prohibits: (1) selective marketing; (2) patient lability for unpaid plan obligations; and (3) discrimination in selecting providers for a provider network based on the actual or anticipated health status of the provider's patients. Mandates: (1) physician participation in matters affecting patient care; and (2) patient ability to choose any primary care physician from among participating providers. (Sec. 1422) Requires certification of specified types of providers as essential community providers, including: (1) covered entities under provisions of the Public Health Service Act (PHSA); (2) Medicare-dependent small rural hospitals; (3) children's hospitals; (4) mental health and substance abuse providers receiving funds under specified provisions of the PHSA; (5) runaway homeless youth centers or homeless youth transitional living programs; (6) maternal and child health providers receiving funds under specified provisions of the Social Security Act; (7) rural health clinics; (8) school health services centers; and (9) nonprofit hospitals providing a specified percentage of services to individuals entitled to or eligible for benefits under Medicare or under title XIX (Medicaid) of the Social Security Act. Requires each plan, if such providers so elect, to have a written provider participation agreement with such providers or have an agreement to make payment to the provider. (Sec. 1423) Requires each plan to have in its network (or through other arrangements) a sufficient number, distribution, and variety of specialists to assure service availability to adults, infants, children, and persons with disabilities. Directs the Secretary of Health and Human Services to establish criteria for designating, and to designate, centers of specialized care. (Sec. 1424) Requires each plan to: (1) have the capacity, within its network or through arrangements with providers, to deliver the benefits required in subtitle B throughout the community rating area; and (2) provide emergency out-of-area and out-of-plan coverage for enrollees and urgent out-of-area coverage. (Sec. 1431) Specifies which certified health plan requirements apply to certified self-insured health plans. Applies certain fiduciary requirements of the Employee Retirement Income Security Act of 1974 (ERISA) to self-insured plans and imposes financial management and record keeping requirements. (Sec. 1441) Prohibits States from requiring: (1) the offering, as part of a certified plan, of any services different from the benefit categories of this Act; or (2) a right of conversion from a group certified plan to an individual certified plan. (Sec. 1442) Prohibits State limits, regulations, or prohibitions regarding: (1) incentives for certified plan enrollees to use participating providers; (2) limiting coverage to services provided by a participating provider; (3) rate and payment form negotiations; (4) limitations on the number of participating providers; (5) requiring that services be provided or authorized by a participating provider; (6) the corporate practice of medicine; (7) utilization management and review programs; (8) single-source suppliers; and (9) point-of-service options. (Sec. 1451) Sets forth plan standards for the interim period between January 1, 1996, and when the State becomes a participating State. Subtitle F: Federal Responsibilities - Directs the Secretary of Labor to develop and publish standards for certified self-insured plans and to provide for the certification of the plans. (Sec. 1502) Mandates procedures for corrective actions when a self-insured plan has failed to meet requirements. Provides for termination of self-insured plans. (Sec. 1503) Amends the Employee Retirement Income Security Act of 1974 (ERISA) to authorize special rules for the application of portions of ERISA to group health plans. (Sec. 1521) Requires sanctions and corrective action orders if a participating State fails to meet requirements of this Act. Allows the Secretary of Health and Human Services to carry out activities in the same manner as a participating State would. (Sec. 1522) Requires treating related employers as a single employer if a reason for their separation relates to their employees' health risk characteristics. (Sec. 1523) Mandates development of certification criteria for workplace wellness programs. (Sec. 1532) Repeals these provisions relating to collective bargaining dispute resolution on a specified date. Authorizes a health care entity or a labor organization certified or recognized as representing a health care entity's employees to request that the Director of the Federal Mediation and Conciliation Service appoint an impartial Health Care Board of Inquiry to investigate a collective bargaining dispute between the entity and the labor organization. Subtitle G: Miscellaneous Employer Requirements - Prohibits discrimination against employees on the basis of family status or class of family enrollment selected. (Sec. 1603) Makes it unlawful to take adverse action against an employee if a purpose of the action is to interfere with the employee's attainment of status as a qualifying employee, full time employee, or part-time employee, or if a purpose is to evade or avoid any obligation under this Act. (Sec. 1604) Allows a community-rated employer (and an experience- rated employer with respect to employees who are community-rated eligible individuals) to provide benefits to employees that consist of benefits in a cost-sharing policy only through a contribution toward the purchase of a cost-sharing policy that is funded primarily through insurance. Makes the responsibilities of individuals and employers in single payer States supersede their obligations under this subtitle. (Sec. 1605) Authorizes the Secretary of Labor to impose a civil money penalty for violations of this subtitle. Subtitle H: General Definitions; Miscellaneous Provisions - Sets forth definitions for purposes of this Act. (Sec. 1714) Amends the Davis-Bacon Act to modify the definitions of "wages" and related terms by adding references to this Act. Amends the Service Contract Act of 1965 to add references to this Act in provisions relating to required contract provisions. (Sec. 1715) Declares that it is the sense of the Committee on Labor and Human Resources of the Senate that, when this Act is enacted, it should include these sources of financing not within the jurisdiction of the Committee: (1) the net savings and revenues included in the Health Security Act; (2) a specified increase in the cigarette tax; (3) a phased-in premium assessment; (4) other savings or revenues as necessary to provide budget neutrality; and (5) a payroll assessment on exempt employers with specified numbers of workers. Title II: New Benefits - Subtitle A: Home and Community-Based Services - Sets forth requirements in order to approve a State plan for home and community-based services for individuals with disabilities, including: (1) State maintenance of effort (with a base amount set with regard to expenditures under title XIX (Medicaid) of the Social Security Act); (2) eligibility (including initial screenings, restrictions, and continuation of services during transition from Medicaid to the State plan); (3) types of providers and requirements for participation; (4) provider reimbursement; (5) State matching funds; and (6) health care worker redeployment. Mandates annual compliance monitoring. (Sec. 2103) Requires the State plan to specify the services available and any limitations on those services. Mandates a needs assessment, an individualized plan of care, care management services, coverage of personal assistance services. Sets forth a list of other services the plan may cover. Prohibits coverage of room and board or services in institutional settings. Declares that service recipients shall retain the right to independently select, terminate, and direct the work of a home care provider. (Sec. 2104) Prohibits cost-sharing for individuals with an income under a specified level. Mandates coinsurance and an annual deductible in graduated steps above that level. (Sec. 2105) Requires the plan to ensure and monitor service quality. Mandates State plan adherence to federal standards in: (1) case review; (2) mandatory reporting of abuse, neglect, and exploitation; (3) a registry of providers against whom complaints have been sustained; (4) sanctions on States or providers; (5) surveys of client satisfaction; and (6) State optional training programs for informal care givers. Requires client advocacy services. (Sec. 2106) Mandates a Federal advisory group and an advisory group in each State. (Sec. 2107) Sets forth formulas for payments to States. (Sec. 2108) Authorizes appropriations. Subtitle B: Life Care - Life Care Act - Amends the Public Health Service Act to create a new title establishing a voluntary insurance program for individuals 35 years old and over to cover nursing home stays. Covers the nursing facility services to inpatients of: (1) nursing care; (2) physical, occupational, or speech therapy; (3) medical social work; (4) drug, biological, supply, appliance, and equipment; (5) other services as necessary to the functioning of a patient, including personal care and assistance with activities of daily living; and (6) the portion of the first six months of room and board not covered by copayments. Limits the dollar amount of coverage to three levels electable by the individual. Mandates a report on the feasibility of making payments for services delivered in residential care facilities. Declares an individual eligible if the individual is a legal U.S. resident, needs hands-on or standby assistance, supervision, or cueing over at least 90 days, and has elected coverage. Makes individuals in a hospital or nursing home at the time of enrollment ineligible until their next spell of illness. Gives an individual the option to purchase coverage under this title when the individual is within six months of his or her 35th, 45th, 55th, or 65th birthday, with one premium rate for each of the periods between those birthdays or after the 65th birthday. Requires that covered services be provided by nursing homes certified by the State. Sets the monthly reimbursement at 80 percent of the amount reasonable and appropriate to cover costs. Mandates, to extent feasible, a prospective payment mechanism. Makes the benefit recipient responsible for specified percentages of room and board charges. Requires nursing facility services reimbursement, to the extent available, to be made under title XIX (Medicaid) of the Social Security Act, Department of Veterans Affairs' programs, or private insurance policies before reimbursement under this title. Directs the Secretary to contract with entities to act as Long- Term Care Screening Agencies for each designated area of the State to assess the eligibility of individuals for services under this title. Allows Screening Agencies to require payment from individuals only in accordance with standards set by the Secretary. Prohibits requiring payment from individuals with incomes below a specified level. Requires, notwithstanding any other law, that the assets an individual may retain and be eligible for nursing facility benefits under State Medicaid programs be increased by the amount of coverage elected under this title. Prohibits insurers from offering long-term care policies duplicating coverage provided under this title. Directs the Secretary to develop standard long-term care packages insurers may offer that complement this title. Subtitle C: Sense of the Committee with Regard to Prescription Drugs - Declares that it is the sense of the Committee on Labor and Human Resources of the Senate that, when this Act is enacted, it should include coverage of outpatient prescription drugs as included in the Health Security Act (as introduced in the 103d Congress) and providing for a deductible, coinsurance, and out-of-pocket limits not over specified amounts. Title III: Public Health Initiatives - Subtitle A: Workforce Priorities Under Federal Payments - Establishes in the Department of Health and Human Services the National Council on Graduate Medical Education. Repeals provisions of the Health Professions Education Extension Amendments of 1992 establishing the Council on Graduate Medical Education. (Sec. 3011) Allows payments to physician training programs in a medical specialty only if the program will ensure that the number of individuals enrolled in the program in the subsequent academic year is in accordance with these provisions. (Sec. 3012) Requires the National Council to designate, for each medical specialty for each academic year, starting with academic year 2001-2002, the number of individuals nationwide authorized to be enrolled in eligible programs, with at least 55 percent completing programs in primary care. Mandates interim voluntary targets set by the National Council. (Sec. 3013) Requires the National Council, for each academic year and each medical specialty, to make allocations among eligible programs of the number of positions for the year. (Sec. 3031) Mandates payments to qualified entities for the operational costs of an approved physician training program. Requires, in order to be qualified, that entities providing primary care training rotate enrollees to community programs in underserved areas. Specifies the amounts to be available for payments in certain calendar years under these provisions and under provisions relating to transitional payments to institutions. Declares that these amounts constitute the annual health professions workforce account. (Sec. 3041) Mandates payments to medical schools (to be administered as a grant) for the direct costs of academic programs, including the education of medical students, graduate students in biomedical sciences, and otherwise unfunded faculty research. Specifies the amounts to be available for payments in certain academic years. Declares that these amounts constitute the annual medical school fund account. (Sec. 3051) Mandates payments to academic health centers or teaching hospitals (to be administered as a contract, grant, or cooperative agreement) for costs not routinely incurred by other entities providing health services but are incurred by such institutions by virtue of their academic nature, including productivity decreased by teaching responsibilities, uncompensated costs of clinical research, and exceptional costs associated with treatment using the institution's specialized expertise. Specifies the amounts to be available for payments in certain calendar years. Declares that these amounts constitute the annual academic health center account. (Sec. 3061) Requires transitional payments to eligible entities losing specialty positions to assist operational costs. (Sec. 3071) Mandates a program regarding graduate nurse training programs (nurse program) equivalent to the program in previous provisions of this Act relating to physician training programs (physician program). Applies the physician program provisions of this Act to the nurse program provisions of this Act, including calling the council established the National Council on Graduate Nurse Education. (Sec. 3073) Specifies the amounts to be available for payments in certain calendar years. Declares that these amounts constitute the annual graduate nurse training account. (Sec. 3081) Sets forth transitional provisions, terminating them on a specified date and applying them only to health care entities employing more than 25 individuals. Requires hiring preference for displaced employees of those entities and provides for termination of preference eligibility. Requires successor health care entity employers to provide employees of the previous entity continued employment unless their positions no longer exist. Regulates collective bargaining matters during the transition period. Provides for enforcement of these transitional provisions. Subtitle B: Health Research Initiatives - Makes available specified percentages of the premiums required to be paid under this Act. Amends the Public Health Service Act (PHSA) to make those amounts available to: (1) the Office of the Director of the National Institutes of Health (NIH), to be used to carry out the responsibilities of the Office and for construction and acquisition of equipment or facilities; (2) the National Center for Research Resources to carry out provisions of the National Institutes of Health Revitalization Act of 1993 concerning biomedical and behavioral research facilities; (3) carry out PHSA provisions regarding health information communications; and (4) the NIH institutes. (Sec. 3102) Amends provisions of the PHSA to require the Agency for Health Care Policy and Research to conduct and support U.S. health care reform research. Authorizes appropriations. Subtitle C: Health Services for Medically Underserved Populations - Authorizes appropriations to carry out specified provisions of this subtitle. Declares that these authorizations are in addition to any others for the same purposes. (Sec. 3321) Authorizes grants and contracts for: (1) the development of community groups to provide benefits under subtitle B of title I of this Act in health professional shortage areas or to members of a medically underserved population; and (2) the expansion and development of health delivery sites and services. (Sec. 3322) Specifies permitted fund uses, including: (1) recruitment, compensation, and training of professional and administrative staff; (2) purchase and upgrading of equipment, supplies, and information systems; and (3) establishment of reserves for furnishing services on a prepaid or capitated basis. (Sec. 3341) Mandates grants and loans to eligible entities, essential access community hospitals, and rural primary care hospitals for the capital costs of developing community health groups and expanding or developing health delivery sites. (Sec. 3361) Authorizes grants and contracts with eligible entities to provide services to increase the capacity of individuals to use the benefits under title I (including transportation, outreach, patient and family education, translation services, case management, and home visiting) and to provide access to essential supplemental services that are not fully reimbursable under title I before a specified date. Authorizes appropriations in addition to any other authorizations. (Sec. 3371) Authorizes appropriations to carry out provisions of the Public Health Service Act (PHSA) relating to the National Health Service Corps and to carry out these provisions on nurse participation in PHSA scholarship and loan repayment programs. Requires reservation of sufficient funds to ensure that a specified percentage of the participants in those programs are being educated in specified nursing fields. (Sec. 3373) Requires reservation of sufficient funds to ensure that a specified percentage of the participants in those programs are being educated or are serving as psychiatrists, psychologists, and clinical social workers. (Sec. 3381) Directs the Secretary of Health and Human Services to make payments to eligible hospitals. Declares that this: (1) is an entitlement in the Secretary on behalf of the hospitals but not an entitlement in the State in which any hospital is located or in any individual receiving hospital services; and (2) constitutes budget authority in advance of appropriations and the obligation of the Government to provide funding in specified amounts for certain years. (Sec. 3382) Identifies as eligible those hospitals with low income use rates of at least a specified percentage. (Sec. 3383) Regulates the amount of payments. (Sec. 3391) Declares that it is the sense of the Senate Committee on Labor and Human Resources that this Act and later appropriations Acts should recognize the success of community and migrant health centers. Subtitle D: Assistance for State Managed Mental Health and Substance Abuse Programs - Mandates grants to States for the development and operation of comprehensive managed mental health and substance abuse programs integrated with the health delivery system established under this Act. Authorizes appropriations. Subtitle E: Comprehensive School Health Education; School- Related Health Services - Mandates grants to State educational agencies to integrate comprehensive school health education. Authorizes requirements waivers for the Prevention, Treatment, and Rehabilitation Model Projects for High Risk Youth, the State and Local Comprehensive School Health Programs to Prevent Important Health Problems and Improve Educational Outcomes, and programs carried out under certain provisions of the Drug-Free Schools and Communities Act of 1986. Authorizes appropriations. (Sec. 3503) Establishes the Healthy Students-Healthy Schools Interagency Task Force. (Sec. 3504) Directs the Secretary of Health and Human Services to establish and maintain a national clearinghouse and mechanisms for the dissemination of school health education material. (Sec. 3581) Authorizes appropriations for: (1) planning and development grants to local community partnerships (LCPs), both directly and through State health agencies; and (2) operational grants to LCPs, both directly and through States. Requires that LCPs include at least one local health care provider, one local educational agency on behalf of one or more public schools, and one community-based organization. Authorizes the Secretary to make the grants to develop and operate school-based or school-linked health service sites. Limits the Federal share of operational grants. Subtitle F: Public Health Service Initiative - Directs the Secretary of Health and Human Services to pay, under specified provisions of this Act, certain amounts for: (1) health services research activities; (2) the development of community groups to provide benefits in health professional shortage areas or to members of a medically underserved population and the expansion and development of health delivery sites and services; (3) the capital costs of developing community health groups; (4) increasing the capacity of individuals to use benefits; (5) providing access to essential supplemental services not fully reimbursable before a specified date; (6) the National Health Service Corps; (7) comprehensive managed mental health and substance abuse programs; and (8) school-based or school-linked health service sites. Title IV: Medical Malpractice - Subtitle A: Liability Reform - Applies this subtitle to any medical malpractice liability action in State or Federal court except for actions under title XXI (Vaccines) of the Public Health Service Act. (Sec. 4002) Requires parties, before or after beginning a medical malpractice action, to participate in the alternative dispute resolution system (ADR) administered by the State. Requires each State to adopt at least one ADR satisfying specified requirements. (Sec. 4003) Limits attorneys contingent fees. (Sec. 4004) Reduces damages for collateral source recovery. (Sec. 4005) Allows a party to ask the court to award future damages on a periodic basis. Subtitle B: Other Provisions Relating to Medical Malpractice Liability - Mandates grants to States for malpractice reform demonstration projects assessing the fairness and effectiveness of one or more of no-fault liability, enterprise liability, or practice guidelines. Authorizes appropriations. Title V: Fall-Back Premium Limits in Cases of Ineffective Competition; Premium-Based Financing; Assistance to Low Income Individuals and to Businesses - Subtitle A: Fall-Back Premium Limits - Directs the Secretary of Health and Human Services to: (1) compute and publish annually an area inflation factor for each community rating area; (2) determine baseline premium amounts; and (3) annually determine baseline premiums for each community rating area. (Sec. 5004) Regulates the process for community-rated plan's submitting premium rate bids to States and premium bids to cooperatives. Conditions community and cooperative bids on the plan s agreement to accept any payment reduction that may be imposed under these provisions. (Sec. 5005) Allows any State to assume responsibility for containment of health care expenditures. (Sec. 5011) Directs the Secretary to develop and use a method to reduce payments to each noncomplying plan in a noncomplying community rating area. Defines "noncomplying community rating area" as one in which the weighted average accepted bid exceeds the community rating area baseline premium. Defines "noncomplying plan" as a plan in a noncomplying area if the premium rate exceeds the baseline premiums. (Sec. 5012) Requires community-rated plans to include in their contracts with providers a provision reducing provider payments if the plan is noncomplying. (Sec. 5021) Directs the Secretary to develop a method for calculating an annual per capita expenditure equivalent for amounts paid for benefit package coverage by a large employer. (Sec. 5022) Directs the Secretary of Labor to take corrective action if a large employer has two years in which the rate of increase exceeds the national corporate inflation factor. Requires considering the large employer a small employer and requiring it to make premium payments in accordance with specified provisions of this Act. (Sec. 5031) Directs the Secretary of Health and Human Services, for a statewide single-payer State, to compute a statewide per capita premium target in the same manner as the community rating area per capita premium target. Subtitle B: Premium-Related Financings - Makes each family enrolled in a community- or experience-rated plan responsible for payment of the family share of premium. Allows payment of the premium by an employer or another person. (Sec. 5102) Provides for family credits for community- and experience-rated plans. (Sec. 5103) Provides for a premium discount for families that: (1) are AFDC families or SSI; (2) have a family income below a certain level; or (3) have a family obligation that would otherwise exceed specified percentages of family income. (Sec. 5110) Makes families that are provided a family credit liable for repayment of the base employment monthly premium. Reduces that amount by the amount of: (1) any employer payments made based on the net earnings from self-employment; and (2) employer premiums payable. (Sec. 5112) Limits repayment liability for low income families. (Sec. 5113) Regulates the net liability of families with one or more nonqualifying employees and no full-time qualifying employees. (Sec. 5114) Provides for special treatment for certain individuals eligible for Medicare. (Sec. 5116) Exempts small employers (no more than 10 employees and average annual wages under a specified amount) from these requirements on employer premium payments. (Sec. 5118) Allows an exempt employer to elect to be treated as a community-rated employer. Requires treating an exempt employer as a community-rated employer after an election and makes the employer eligible for discounts. (Sec. 5120) Applies Medicare rules relating to Medicare as a second payer to individuals eligible for premium assistance under this title in relation to any non-electing employer. (Sec. 5121) Requires community-rated employers to pay at least a specified amount of the premium payment for each qualifying employee. (Sec. 5122) Requires each State to provide for the annual computation of a base employment premium for each class of family enrollment. (Sec. 5123) Limits the amount of the employer s required premium payment to a specified percentage of the qualifying employee s wages, with different levels for medium employers (eleven to 75 employees) and small employers. Provides for the treatment of certain self- employed individuals. Requires, for employers that make premium payments in more than one community rating area, application of the reduction in a pro-rated manner to the payments in all areas. (Sec. 5124) Adjusts employee payments of large employers if certain average costs and rate increases exceed limits. (Sec. 5125) Considers a self-employed individual to be an employer of himself or herself and to pay wages to himself or herself equal to the amount of net earnings from self-employment. Limits the payment obligation of certain individuals to a specified amount. (Sec. 5131) Requires each experience-rated large employer to contribute to premiums in specified amounts. Increases the share of large employers for low income employees entitled to a premium discount. Subtitle C: Payments to Health Plans and Miscellaneous Provisions - Makes States responsible for assisting plans and cooperatives in premium collection. (Sec. 5202) Makes the payment amount for a community-rated plan equal to a blended payment amount reflecting the final bid for each plan, the number of enrollees in each class, and the proportion of AFDC and SSI beneficiaries in the area. (Sec. 5203) Requires States to develop and implement adjustments (including risk adjustment, reinsurance, premium discounts, and adjustments to reflect AFDC and SSI beneficiaries) necessary to reconcile the amounts collected by plans with the amounts owed to the plans. (Sec. 5204) Requires each State to compute and publish specified components of the general family share of premiums and the general employer premium payment amount. (Sec. 5205) Declares that the obligations of an employer regarding employees that reside in a single-payer State supersede the obligations of an employer to provide for payments under specified provisions of this Act. (Sec. 5207) Requires, if an employer makes available a voluntary payment on behalf of an employee in a community- or experience-rated plan and except as provided under collective bargaining agreements, that the employer make such a voluntary payment in the same dollar amount available to all qualifying employees of the employer in any community- or experience-rated plan in the same class of enrollment and the same area. Prohibits employers from discriminating in the terms or conditions of employment based on the health plan (or the premium of a plan) in which an employee is enrolled. (Sec. 5208) Requires employers to deduct from the wages of qualifying employees the amount of the family share of the premium. Mandates that States require payment for families that do not include a qualifying employee to be made prospectively. Subtitle D: Cost-Sharing Assistance, Application for Assistance and Premium Discounts, and Income Reconciliation - Entitles AFDC, SSI, and low income families to a reduction in cost-sharing, unless: (1) for community-rated families, there are sufficient at- or below- average cost plans with cost-sharing similar to the model certified preferred provider network plans or model certified health maintenance organization plans established under this Act; or (2) for experience- rated families, the employer offers such a plan. (Sec. 5302) Allows a family to apply for a determination of the family adjusted income or wage adjusted income of the family to establish eligibility for cost-sharing reductions, premium discounts, and reductions in liability. Makes each individual who knowingly understates income or otherwise makes a material misrepresentation liable to the State for triple the excess payments and interest. (Sec. 5303) Requires families with premium discounts or reductions in liability to file an income reconciliation statement for the year. Mandates related payment adjustments. (Sec. 5304) Requires States to make eligibility determinations for premium discounts, liability reductions, and cost-sharing reductions in a way that keeps error rates below a level specified by the Secretary of Health and Human Services or the Secretary of Labor. Title VI: Aggregate Government Payments - Subtitle A: Aggregate Federal Payments to Participating State - Directs the Secretary of Health and Human Services to provide for payments to each participating State of the capped Federal payment amount. Declares that this constitutes budget authority in advance of appropriations Acts and represents the obligation of the Government to provide for the payments. Sets forth a formula for determination of amounts, including determination of caps. Provides for the handling of anticipated shortfalls. Subtitle B: Borrowing Authority to Cover Cash-Flow Shortfalls - Authorizes the Secretary of Health and Human Services to make loans available to States to cover temporary cash-flow shortfalls. (Sec. 6102) Provides for the use of funds resulting from estimation discrepancies. Subtitle C: Miscellaneous Provisions - Declares that it is the sense of the Committee on Labor and Human Resources that, when this Act is enacted, it should include requirements that States: (1) pay premiums for AFDC and SSI recipients at a level established as described in the Health Security Act; and (2) make maintenance of effort payments to be included in the amounts receivable under certain provisions at a level established as described in the Health Security Act.
Bill· SS. 160 (104th)referred
United States · United States Congress · 5 January 1995
Immigration Moratorium Act of 1994 - Imposes a five-year immigration moratorium, with exceptions for refugees, certain priority and skilled workers, and immediate relatives of U.S. citizens and permanent resident aliens.
Bill· HRH.R. 428 (104th)referred
United States · United States Congress · 5 January 1995
Extends H-1 visa immigration status for certain nonimmigrant nurses.
Bill· SS. 3 (104th)open
United States · United States Congress · 4 January 1995
TABLE OF CONTENTS: Title I: Incarceration of Violent Criminals Title II: State and Local Law Enforcement Assistance Title III: Federal Emergency Law Enforcement Assistance Act Title IV: Criminal Penalties Title V: Federal Criminal Procedure Reform Title VI: Prevention of Terrorism Title VII: Miscellaneous and Technical Provisions Subtitle A: Elimination of Certain Programs Subtitle B: Amendments Relating to Violent Crime Control Subtitle C: Amendments Relating to Courts and Sentencing Subtitle D: Miscellaneous Amendments Violent Crime Control and Law Enforcement Improvement Act of 1995 - Title I: Incarceration of Violent Criminals - Revises the Violent Crime Control and Law Enforcement Act of 1994 (VCCLEA) to authorize the Attorney General to make grants to individual States and to States organized as multi-State compacts to construct, develop, expand, modify, operate, or improve conventional correctional facilities. Conditions eligibility to receive such grants, in the case of a State that on the enactment date of this Act practices indeterminant sentencing, on the State submitting an application that includes a demonstration that average times served for the offenses of murder, rape, robbery, and assault in the State exceed by at least ten percent the national average of time served for such offenses in all of the States. (Sec. 102) Repeals specified provisions of the VCCLEA concerning the punishment of young offenders. (Sec. 103) Repeals specified VCCLEA provisions regarding the civil rights of institutionalized persons. 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. 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. 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. 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. 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 indigence 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. (Sec. 104) Requires the Attorney General to submit a report to the Congress that describes a strategy for employing more Federal prison inmates. (Sec. 105) Repeals specified VCCLEA provisions requiring the Bureau of Prisons to provide residential substance abuse treatment. Requires the Bureau's report to the Congress to include a full examination and evaluation of the effectiveness of the treatment in reducing drug use among prisoners. Title II: State and Local Law Enforcement Assistance - Amends the VCCLEA to replace provisions of title I setting forth the Public Safety Partnership and Community Policing Act of 1994 with a State and local law enforcement block grant program. Directs the Attorney General to make grants to States for use by State and local governments to: (1) hire, train, and employ on a continuing basis, new law enforcement officers and necessary support personnel; (2) pay overtime to currently employed officers and personnel; (3) procure equipment, technology, and other material that is directly related to basic law enforcement functions; and (4) establish and operate cooperative programs between community residents and law enforcement agencies for the control, detection, or investigation of crime or the prosecution of criminals. Sets forth provisions regarding: (1) law enforcement trust funds; (2) allocation and distribution of funds; (3) fund disbursement; (4) application requirements; and (5) limitations on the use of funds. Authorizes appropriations. Title III: Federal Emergency Law Enforcement Assistance Act - Amends the VCCLEA to increase the authorization of appropriations for: (1) the Federal Bureau of Investigation (FBI); (2) U.S. Attorneys; and (3) the Drug Enforcement Administration. Title IV: Criminal Penalties - Makes serious juvenile drug offenses Armed Career Criminal Act predicates. (Sec. 402) Provides for adult prosecution of serious juvenile offenders. Repeals VCCLEA provisions directing the court, in determining whether to transfer a juvenile to adult status, to consider the extent to which the juvenile played a leadership role in an organization or otherwise influenced others to take part in criminal activities involving the use or distribution of controlled substances or firearms. Requires a juvenile who was 13 years of age or older on the date of the commission of specified crimes of violence to be prosecuted as an adult in Federal court. Prohibits the incarceration of any such juvenile in an adult prison. Specifies that if a juvenile prosecuted under such provision is convicted, the juvenile shall be entitled to file a petition for resentencing pursuant to applicable sentencing guidelines when the juvenile reaches age sixteen. Direct the U.S. Sentencing Commission (Commission) to promulgate or amend existing guidelines to carry out such provisions. Authorizes the Commission, for such resentencing determinations, to permit sentencing adjustments that provide for supervised release for defendants who have clearly demonstrated an exceptional degree of responsibility for the offense and a willingness and ability to refrain from further criminal conduct. Repeals specified VCCLEA provisions regarding the prosecution as adults of such juveniles for crimes of violence, including a prohibition against prosecuting as adults certain persons subject to the criminal jurisdiction of an Indian tribal government for an offense the Federal jurisdiction for which is predicated solely on Indian country. (Sec. 403) Authorizes the court to impose a specified term of supervised release, or a fine that would be authorized if the juvenile had been convicted as an adult, for juvenile offenders. (Sec. 404) Requires that juveniles found guilty of certain offenses be fingerprinted and photographed, with such fingerprints and photographs sent to the FBI's Identification Division. Directs the court to transmit to such division information concerning the adjudication. (Sec. 405) Amends the Controlled Substances Act (CSA) to: (1) set a mandatory minimum sentence of ten years' imprisonment of a person age 21 or older who is convicted of employing persons under age 18 in drug operations; and (2) make such mandatory minimum sentence life imprisonment for that offense after a prior conviction of such offense. Prohibits the court from placing on probation or suspending the sentence of any such person. Revises CSA provisions to apply specified penalties for distribution to persons under age 18 (currently, under 21) and to increase such penalties, except for offenses involving five grams or less of marijuana. Repeals a VCCLEA provision directing the Commission to provide an appropriate penalty enhancement for a defendant convicted of drug dealing in a drug-free zone. Increases penalties for such offense, except where the offense involves five grams or less of marijuana. (Sec. 406) Repeals specified VCCLEA provisions regarding the applicability of mandatory minimum penalties in certain cases. Directs the court, notwithstanding the requirement of a mandatory minimum sentence, to impose a sentence in accordance with this section and the sentencing guidelines and any pertinent policy statement issued by the Commission if specified circumstances exist (e.g., that the defendant does not have any criminal history points under the sentencing guidelines, the offense did not result in death or serious bodily injury, and the Government certifies that the defendant has timely and truthfully provided it with all information and evidence the defendant has concerning the offense). Authorizes the Commission to make such amendments as necessary and appropriate to harmonize the sentencing guidelines and policy statements with, and promulgate policy statements to assist the courts in interpreting, this section. Directs the Commission to amend the sentencing guidelines, if necessary, to assign specified drug offenses to which a mandatory minimum term of imprisonment applies, a guideline level that will result in the imposition of a term at least equal to the mandatory term that is currently applicable, unless a downward adjustment is authorized under this section. (Sec. 407) Increases mandatory minimum sentences for using firearms during and in relation to any crime of violence or drug trafficking crime. (Sec. 408) Repeals specified VCCLEA provisions concerning arson. Increases penalties and extends the statute of limitations for arson. (Sec. 409) Includes within the offense of kidnapping travel in interstate or foreign commerce, or using the mails or a facility in such commerce, in furtherance of the offense. Title V: Federal Criminal Procedure Reform - Amends the Federal criminal code to provide that, in a criminal proceeding, any attorney who files in a U.S. court a brief, motion, answer, pleading, or other signed document that the attorney knows to contain a false statement of material fact or a false statement of law, shall be found guilty of obstruction of justice. (Sec. 502) Specifies that Federal rules of conduct adopted by the Attorney General shall govern the conduct of prosecutions in Federal court. (Sec. 503) Revises rule 24(b) of the Federal Rules of Criminal Procedure to entitle a defendant tried alone to six, but defendants tried jointly to ten, peremptory challenges. (Sec. 504) Amends the Federal judicial code to provide that on each committee that makes recommendations concerning rules that affect criminal cases, the number of members who represent or supervise the representation of defendants in the trial, direct review, or collateral review of criminal cases shall not exceed the number who represent the Government or a State. (Sec. 505) Sets forth provisions regarding the reimbursement of attorney fees in certain cases involving current or former attorneys, agents, or employees of the Department of Justice or the Federal Public Defender who are the subject of criminal or disciplinary investigations. (Sec. 506) Provides for mandatory restitution to victims of violent crimes. Permits a court, in addition to ordering restitution of the victim of the offense of which a defendant is convicted, to order restitution of any person who was harmed physically or pecuniarily by unlawful conduct of the defendant during the criminal episode during which the offense occurred, or the course of a scheme, conspiracy, or pattern of unlawful activity related to the offense. Directs the court to order restitution to a victim in the full amount of the victim's losses as determined by the court without consideration of the economic circumstances of the offender or the fact that a victim has received or is entitled to receive compensation with respect to a loss from insurance or any other source. Sets forth provisions regarding: (1) the form of payments of a restitution order; (2) multiple offenders and multiple victims; (3) setoffs against amounts later recovered as compensatory damages; (4) the effect of a restitution order (constitutes a lien against the offender's property); (5) payment schedules; (6) enforcement of restitution orders; and (7) procedures for issuing such orders. (Sec. 507) Amends the Federal criminal code to place the burden of proving (by a preponderance of the evidence) that a confession was not voluntary on the defendant. Provides that evidence: (1) obtained as a result of a search or seizure that is otherwise admissible in a Federal criminal proceeding shall not be excluded in a proceeding in a U.S. court on the ground that the search or seizure was in violation of the Fourth Amendment to the Constitution; and (2) shall not be excluded in a proceeding in a U.S. court on the ground that it was obtained in violation of a statute, an administrative rule, or a rule of court procedure unless exclusion is expressly authorized by statute or by a rule prescribed by the Supreme Court. Amends the Federal judicial code to make the United States liable for damages resulting from a search or seizure conducted by an investigative or law enforcement officer, acting within the scope of the officer's office or employment, in violation of the Fourth Amendment to the Constitution. Provides for the award of actual and punitive damages, subject to specified limitations. Subjects such an officer to appropriate discipline in the discretion of the Federal agency employing the officer if that agency determines, after notice and hearing, that the officer conducted the search or seizure lacking a good faith belief that the search or seizure was constitutional. Makes the remedy under this section the exclusive civil remedy for such Fourth Amendment violations. Sets forth provisions regarding attorney fees and costs and the applicability of other tort claims procedures. (Sec. 508) Amends the Federal judicial code to establish a one-year statute of limitations for habeas corpus actions brought by State prisoners. Specifies that: (1) there shall be no right of appeal from a final order in a habeas corpus proceeding; and (2) unless a circuit justice or judge issues a certificate of probable cause, an appeal may not be taken to the court of appeals from the final order in a habeas corpus proceeding in which the detention complained of arises out of process issued by a State or Federal court. Permits such certificate to issue only if the petitioner has made a substantial showing of the denial of a Federal constitutional right. Requires the certificate to indicate which specific issue or issues satisfy the showing. Provides that if the applicant has failed to develop the factual basis of a claim in State court proceedings, the Federal court shall not hold an evidentiary hearing on the claim unless: (1) the claim relies on a new rule of constitutional law, made retroactive by the Supreme Court, that was previously unavailable or on a factual predicate that could not have been previously discovered through the exercise of due diligence; and (2) the facts underlying the claim would be sufficient to establish by clear and convincing evidence that, but for constitutional error, no reasonable factfinder would have found the petitioner guilty of the underlying offense or eligible for the death penalty under State law. Requires that a second or successive motion be certified by a panel of the appropriate Federal Court of Appeals to contain: (1) newly discovered evidence sufficient to undermine the court's confidence in the factfinder's determination of the prisoner's guilt of the offense or offenses for which the sentence was imposed; or (2) a new rule of constitutional law, made retroactive by the Supreme Court, that was previously unavailable. Sets further limitations on second or successive petitions. (Sec. 510) Sets forth special habeas corpus procedures in capital cases. Requires (with exceptions): (1) a district court to render a final determination of a petition for a writ of habeas corpus brought in a capital case within 180 days after the date on which the petition is filed; and (2) a court of appeals to hear and render a final determination of any appeal of an order granting or denying such a petition within 120 days after the date on which the reply brief is filed and to decide whether to grant a petition or other request for rehearing en banc within 30 days after the date on which the petition for rehearing is filed. Sets forth provisions regarding failure to render a timely determination. Requires the Administrative Office of U.S. Courts to submit to the Congress an annual report on the compliance by the district courts and courts of appeals with the time limitations under this section. Title VI: Prevention of Terrorism - Amends the Federal criminal code to set penalties for: (1) willful violation of Federal Aviation Administration (FAA) security regulations; and (2) threatening to assault, kidnap, or murder former Federal officials in the performance of official duties. (Sec. 603) Grants the Attorney General wiretap authority for alien smuggling and related offenses. Makes alien smuggling a predicate to a violation of the Racketeer Influenced and Corrupt Organizations Act (RICO). (Sec. 604) Sets forth provisions regarding: (1) authorization for interceptions of communications in certain terrorism-related offenses; (2) participation of foreign and State government personnel in interceptions of communications; and (3) disclosure of intercepted communications to foreign law enforcement agencies. (Sec. 607) Amends the Immigration and Nationality Act (INA) to establish procedures to apply whenever the Attorney General certifies under seal to a special court (established pursuant to this section) that: (1) the Attorney General or Deputy Attorney General has approved of the proceeding; (2) an alien terrorist is physically present in the United States; and (3) removal of such terrorist by deportation proceedings would pose a risk to national security because such proceedings would disclose classified information. Directs the Chief Justice of the United States to publicly designate up to seven judges to hear and decide such cases. Sets forth procedures for a special removal hearing, including provision for appointment of counsel and appeals. (Sec. 608) Declares that the territorial sea of the United States (extending to 12 miles) is part of the United States, subject to its sovereignty, and for purposes of Federal criminal jurisdiction, is within the special maritime and territorial jurisdiction of the United States. (Sec. 609) Extends Federal criminal jurisdiction over certain terrorism offenses overseas. (Sec. 610) Directs the Administrator of the FAA to issue regulations requiring FAA employees and agents to report to appropriate Federal and State law enforcement officers discoveries of controlled substances or cash in excess of $10,000. (Sec. 611) Amends the INA to permit the Attorney General to: (1) authorize an application to a Federal court of competent jurisdiction for, and a judge of such court to grant, an order authorizing disclosure of information contained in the application of the alien (as a result of an investigation of the alien by an investigative or law enforcement officer) that is necessary to locate and identify the alien under specified circumstances; and (2) furnish information under this section with respect to an alien to an official coroner for purposes of permitting the coroner to identify a deceased individual and to others under specified circumstances. (Sec. 612) Permits, in the exercise of comity, the surrender of persons, other than citizens, nationals, or permanent residents of the United States, who have committed crimes of violence against U.S. nationals in foreign countries without regard to the existence of any extradition treaty with such foreign government if the Attorney General certifies in writing that: (1) evidence has been presented by the foreign government that indicates that had the offenses been committed in the United States they would constitute crimes of violence; and (2) the offenses charged are not of a political nature. (Sec. 613) Requires the Director of the FBI to report to the Congress on the effectiveness of provisions of the VCCLEA regarding the prohibition against providing material support to terrorists. (Sec. 614) Increases penalties for terrorism crimes. (Sec. 615) Sets penalties and procedures with respect to criminal offenses committed outside the United States by persons accompanying the armed forces. Title VII: Miscellaneous and Technical Provisions - Subtitle A: Elimination of Certain Programs - Repeals specified VCCLEA provisions regarding: (1) the Ounce of Prevention Council; (2) local crime prevention block grants; (3) model intensive grants; (4) family and community endeavor schools grants; (5) assistance for delinquent and at-risk youth; (6) police recruitment; (7) the Local Partnership Act; (8) national community economic partnership; (9) urban recreation and at-risk youth; (10) community-based justice grants for prosecutors; (11) the family unity demonstration project; (12) residential substance abuse treatment for State prisoners; (13) gang resistance education and training; (14) drug courts; and (15) the presidential summit on violence and the National Commission on Crime Prevention and Control. Subtitle B: Amendments Relating to Violent Crime Control - Repeals specified VCCLEA provisions regarding violent crime and drug emergency areas. (Sec. 712) Revises specified Federal criminal code provisions regarding violent crimes in aid of racketeering activity to increase penalties for such offenses and to expand the scope of the offenses covered by such provisions. (Sec. 713) Grants the Attorney General and the FBI authority to investigate serial killings in violation of the laws of a State or political subdivision when requested by the head of a law enforcement agency with investigative or prosecutive jurisdiction over the offense. (Sec. 714) Subjects a person who conspires to commit any of specified firearms or explosives offenses to the same penalties (other than the death penalty) as those prescribed for the offense the commission of which was the object of the conspiracy. (Sec. 715) Increases penalties for violence in the course of riot offenses. (Sec. 716) Sets forth provisions regarding: (1) pretrial detention for possession of firearms or explosives by convicted felons; (2) elimination of the scienter element for carjacking; (3) theft of vessels; (4) RICO conspiracy (clarification that it is not necessary to establish that the defendant agreed personally to commit any acts of racketeering activity to be liable); (5) addition of attempts to cause bodily injury under the interstate domestic violence offense; (6) addition of foreign murder as a money laundering predicate; (7) inclusion of other felony crimes of violence under provisions regarding the use of interstate commerce facilities in the commission of murder-for-hire; and (8) inclusion of threats to use a weapon of mass destruction within provisions regarding the use of such weapons. Subtitle C: Amendments Relating to Courts and Sentencing - Amends the Federal criminal code, Federal judicial code, and rule 35 of the Federal Rules of Criminal Procedure to allow a reduction of sentence for providing substantial assistance in an investigation of any offense. (Sec. 732) Repeals a requirement from the Government appeal statute that the U.S. attorney certify to the district court that an appeal is not taken for purpose of delay and that the evidence is a substantial proof of a fact material in the proceeding. (Sec. 735) Amends the Federal criminal code and rule 35 to place limits on a reduction of sentence for substantial assistance of a defendant. (Sec. 736) Grants a court the authority to impose a sentence of probation or supervised release when reducing a sentence of imprisonment in certain cases. (Sec. 739) Extends the Parole Commission to deal with "old law" prisoners. (Sec. 741) Repeals provisions barring Federal prosecution of specified offenses. Subtitle D: Miscellaneous Amendments - Makes technical and conforming amendments to the Federal criminal code, CSA, and Controlled Substances Import and Export Act. (Sec. 754) Sets penalties for larceny involving post office boxes and postal stamp vending machines. (Sec. 757) Applies various offenses to U.S. possessions and territories. (Sec. 760) Grants courts authority to order a cable operator not to notify the subscriber of the existence of a subpoena or court order issued to such operator for basic subscriber information in connection with proceedings before a Federal grand jury.
Bill· SS. 57 (104th)referred
United States · United States Congress · 4 January 1995
Amends the Immigration and Nationality Act to include certain children born in the Philippines or Japan to a U.S. father among those children given preferential immigration treatment.
Bill· SS. 56 (104th)referred
United States · United States Congress · 4 January 1995
Declares a named individual to have been lawfully admitted to the United States for permanent residence under the Immigration and Nationality Act.
Bill· SS. 18 (104th)referred
United States · United States Congress · 4 January 1995
TABLE OF CONTENTS: Title I: Health Care Insurance Coverage Subtitle A: Definitions Subtitle B: Increased Availability and Continuity of Health Coverage Subtitle C: Required Coverage Options for Eligible Employees and Dependents of Small Employers Subtitle D: Required Coverage Options for Individuals Insured Through Association Plans Subtitle E: 1-Year Extension of Medicare Select Subtitle F: Tax Provisions Title II: Primary and Preventive Care Services Title III: Patient's Right to Decline Medical Treatment Title IV: Primary and Preventive Care Providers Title V: Cost Containment Title VI: Long-Term Care Subtitle A: Tax Treatment of Qualified Long-Term Care Insurance Policies and Services Subtitle B: Tax Incentives for Purchase of Qualified Long-Term Care Insurance Health Care Assurance Act of 1995 - Title I: Health Care Insurance Coverage - Subtitle A: Definitions - Sets forth definitions. Subtitle B: Increased Availability and Continuity of Health Coverage - Part 1: Reform of Health Insurance Marketplace for Small Employers - Subpart A: Insurance Market Reform - Requires each insurer that makes available a health insurance plan to a small employer in a State to make a qualified health insurance plan available to each such small employer. (Sec. 112) Requests the National Association of Insurance Commissioners (NAIC)to submit for certification to the Secretary of Health and Human Services a set of rules for determining the actuarial value of the coverage offered by a health insurance plan. Sets forth requirements for determining standard coverage under health insurance plans. (Sec. 113) Requests the NAIC to submit to the Secretary model regulations that specify standards with respect to the requirement that insurers provide qualified health insurance plans. Authorizes States to implement standards for health insurance plans to small employers that are more stringent than the requirements under this Act; except that such standards shall not prevent the offering by an insurer of at least one health insurance plan that provides standard coverage. Requires each State to submit to the Secretary by a specified time a report on the steps it is taking to implement and enforce the standards with respect to insurers and their qualified health insurance plans. Subpart B: Additional Standards for Health Insurance Plans Offered to Small Employers - Requires any insurer offering a health insurance plan to a small employer to meet specified issuance requirements. (Sec. 122) Requires each health insurance plan offered to a small employer to establish within each community rating area in which such plan is offered a standard premium for enrollment of eligible employees and individuals for the standard coverage. (Sec. 123) Requires an insurer to fully disclose rating practices for their health insurance plan to the appropriate certifying authority. Authorizes such plans to require advanced payment from a new enrollee equal to the monthly premium. Subpart C: Small Employer Purchasing Groups - Sets forth qualified small employer purchasing group requirements. (Sec. 136) Authorizes appropriations for grants to States and small employer purchasing groups to assist them in planning, developing, and operating such groups. Part 2: Standards Applicable to All Health Insurance Plans - Requires an insurer offering a health insurance plan to meet specified coverage requirements, including: (1) guaranteed eligibility for individuals (including any dependents); (2) certain limitations on coverage of preexisting conditions of an individual; and (3) guaranteed renewability of plans. Part 3: Enforcement of Standards for Health Insurance Plans - Amends the Internal Revenue Code to impose a tax on insurers who fail to comply with certain standards for health insurance plans. Part 4: Effective Dates - Declares that this subtitle is effective upon enactment. Subtitle C: Required Coverage Options for Eligible Employees and Dependents of Small Employers - Requires small employers to offer eligible employees a group health plan. Declares that such employer is not required to make a contribution to the cost of coverage under such plan. (Sec. 172) Sets forth certain employer requirements with respect to multiemployer health plans. (Sec. 173) Amends the Internal Revenue Code to impose a tax on small employers who fail to comply with certain requirements for health insurance plans. Subtitle D: Required Coverage Options for Individuals Insured Through Association Plans - Part 1: Qualified Association Plans - Sets forth qualified association plan requirements. (Sec. 182) Defines such plan as a multiple employer welfare arrangement which: (1) is maintained by a qualified association; (2) has at least 500 participants in the United States; (3) provides benefits consisting solely of medical care; and (4) meets other specified criteria. Part 2: Special Rule for Church, Multiemployer, and Cooperative Plans - Sets forth requirements for church, multiemployer, and cooperative health plans. Part 3: Enforcement - Amends the Internal Revenue Code to impose a tax on qualified associations, church plans, multiemployer plans, or rural electric cooperative or rural telephone cooperative association plans for failure to comply with certain standards for associations and health insurance plans. Subtitle E: 1-Year Extension of Medicare Select - Amends the Omnibus Budget Reconciliation Act of 1990 to extend for one year the period for issuance of Medicare select policies. Subtitle F: Tax Provisions - Amends the Internal Revenue Code to make permanent the deduction for health insurance costs of self-employed individuals for medical care for themselves, their spouses, and dependents. Increases the deduction from the current 25 percent of premiums paid during taxable years beginning in 1994 or 1995 by 25 percent increments up to 100 percent for years beginning in 2000 or after. (Sec. 1022) Revises continuation coverage requirements of group health plans (under the Consolidated Omnibus Budget Reconciliation Act of 1985, or COBRA '85) to: (1) allow such coverage to offer annual deductibles of $1,000 and $3,000; (2) increase from 18 months to 24 months the maximum required period of continuation coverage; and (3) provide for termination of continuation coverage only after 90 days of eligibility for employer-based coverage under a new plan. Title II: Primary and Preventive Care Services - Authorizes the Secretary to make grants to States in order to: (1) reduce infant mortality and low birth weight births; and (2) to improve the health of pregnant women, mothers, infants, and their families for a five-year period. Authorizes appropriations. (Sec. 202) Amends the Public Health Service Act to reauthorize appropriations for specified: (1) immunization programs; (2) tuberculosis and sexually transmitted disease prevention programs; (3) migrant and community health centers; (4) health services for the homeless; (5) family planning services; (6) breast and cervical cancer prevention; (7) preventive health and health services block grants; and (8) early intervention services regarding immunodeficiency virus (HIV) disease. Amends title V (Maternal and Child Health Services Block Grant) of the Social Security Act (SSA) to authorize appropriations to improve the health of all mothers and children. (Sec. 203) Requires the Secretary of Education to award grants to States for local programs of comprehensive health education and prevention, early health intervention, and health education in elementary and secondary schools. Establishes the Office of Comprehensive School Health Education. Authorizes appropriations. (Sec. 204) Mandates grants to Head Start training agencies for training and technical assistance regarding health education to Head Start teachers and other child care providers. Reserves funds for the development of innovative model health education programs or curricula. Authorizes appropriations. Title III: Patient's Right to Decline Medical Treatment - Prohibits State restrictions, except to protect a third party, on the right: (1) of a competent person to consent to or decline medical treatment; or (2) of an incapacitated person to consent to or decline medical treatment through a power of attorney. Requires all health care providers to honor such forms. Shields providers who act in good faith from criminal or civil liability or professional discipline. Denies Medicare and Medicaid payment for services contrary to advance directives and powers of attorney. (Sec. 301) Requires the Secretary to develop a national advance directive form and a national durable power of attorney form. Declares that nothing in this title shall be construed to permit, condone, authorize, or approve suicide or mercy killing, or any affirmative act to end a human life. Title IV: Primary and Preventive Care Providers - Amends SSA title XVIII (Medicare) to modify or establish payment requirements regarding certified nurse midwives, nurse practitioners, clinical nurse specialists, and physician assistants. Makes payment to the employer of a physician assistant or nurse practitioner for the services provided discretionary, instead of, as currently, mandatory. (Sec. 402) Amends SSA title XIX (Medicaid) to include physician assistants, nurse practitioners, clinical nurse specialists, and certified registered nurse anesthetists in the Medicaid definition of "medical assistance" for which payment will be made. (Sec. 403) Amends the Public Health Service Act to establish grant programs to: (1) provide medical (including osteopathic medical) students for programs to interest high school or college students in careers in general medical practice (medical student tutorial program grants); and (2) develop strategies for recruiting and placing medical students interested in practicing general medicine (general medical practice grants). Authorizes appropriations. Title V: Cost Containment - Amends the Public Health Service Act to authorize a program of clinical trials regarding promising new drugs and disease treatments. Authorizes appropriations. (Sec. 502) Authorizes appropriations for the Agency for Health Care Policy Research. Amends the Internal Revenue Code to impose a tax on health insurance premiums, payable by any person who makes, signs, issues, or sells any of the documents and instruments subject to the tax or for whose use or benefit the same are made, signed, issued, or sold. Establishes, and deposits the resulting tax receipts in, the Trust Fund for Medical Treatment Outcomes Research. Mandates annual distributions from the Trust Fund for outcomes research. (Sec. 503) Requires the Secretary to establish a national health insurance data and claims system. Authorizes appropriations. (Sec. 504) Requires the Secretary to make grants to States that establish health care cost containment and quality information systems. Authorizes appropriations. Title VI: Long-Term Care - Subtitle A: Tax Treatment of Qualified Long-Term Care Insurance Policies and Services - Amends the Internal Revenue Code to allow a deduction for expenses paid during the year for qualified long-term care services. (Sec. 603) Prohibits a deduction for charges against a life insurance contract's cash surrender value, unless such charges are includible as income and the coverage provided by the rider is a qualified long-term care insurance policy. (Sec. 604) Requires treatment of qualified long-term care insurance as accident and health insurance for purposes of taxation of insurance companies. (Sec. 605) Excludes from gross income amounts (accelerated death benefits) paid under a life insurance contract to an individual who is terminally ill, has a dread disease, or is permanently confined to a nursing home. Subtitle B: Tax Incentives for Purchase of Qualified Long-Term Care Insurance - Allows a tax credit for a portion of long-term care insurance premiums. (Sec. 612) Excludes from gross income benefits received under long-term care insurance. (Sec. 613) Allows employers to deduct from gross income any contributions made for an employee's long-term care insurance. (Sec. 614) Allows employees to select long-term care insurance as part of a cafeteria plan. (Sec. 615) Excludes from gross income amounts received: (1) on the surrender, cancellation, or exchange of a life insurance contract if the individual is at least a specified age and the amount is used to pay for long-term care insurance; and (2) on a home equity conversion sale-leaseback, if the gain is used to purchase long-term care insurance.