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Law· HRH.R. 5116 (103rd)enacted
United States · United States Congress · 28 September 1994
TABLE OF CONTENTS: Title I: Improved Bankruptcy Administration Title II: Commercial Bankruptcy Issues Title III: Consumer Bankruptcy Issues Title IV: Governmental Bankruptcy Issues Title V: Technical Corrections Title VI: Severability; Effective Date; Application of Amendments Bankruptcy Reform Act of 1994 - Title I: Improved Bankruptcy Administration - Amends Federal bankruptcy law to allow, with the consent of the parties in interest, an extension of the 30 day period following conclusion of a preliminary hearing on a motion to lift an automatic stay, by the end of which a final hearing must be concluded. (Sec. 102) Amends the judicial code to mandate the jurisdiction of a Federal district court to hear appeals from interlocutory orders and decrees of bankruptcy judges increasing certain time periods for filing a bankruptcy plan. (Currently, a district court has discretion to hear such appeals by its leave only.) (Sec. 103) Revises expedited procedures for reaffirmation of debts. (Sec. 104) Permits bankruptcy court judges to hold status conferences and to issue case limitations and conditions at such conferences. Amends the Federal judicial code to change from discretionary to mandatory the authority of the judicial council of a circuit to establish a bankruptcy appellate panel service. Prescribes circumstances for the termination of a bankruptcy appellate panel. Revises appeals guidelines. (Sec. 105) Permits bankruptcy administrators (in a State in which the bankruptcy system is administered by a Bankruptcy Administrator instead of a U.S. Trustee) to preside at meetings of creditors and equity security holders, and to examine the debtor at creditors' meetings. (Sec. 106) Amends the Bankruptcy Code to include within the definition of "person" pension benefit guarantors and legal or beneficial owners of an asset of an eligible deferred compensation plan or of a governmental employee pension benefit plan (thus enabling such persons, State pension funds, and the Pension Benefit Guaranty Corporation to serve on creditors' committees). (Sec. 107) Revises current guidelines to permit increases in incentive compensation for bankruptcy trustees. (Sec. 108) Increases the dollar limitations and debt limits applicable to specified bankruptcy procedures (thus enlarging the range of debtors eligible to repay debts over a period from regular income (Chapter 13 debtors), and accounting for inflation since 1978). (Sec. 109) Revises premerger notification requirements. (Sec. 110) Entitles members of Chapter 11 bankruptcy reorganization committees to reimbursement for actual and necessary expenses. (Sec. 111) Prescribes guidelines for supplemental injunctions issued to enjoin entities from taking legal action to receive payment with respect to any claim that under a reorganization plan is to be paid by a specified trust established to assume the debtor's liability for asbestos-related damages. (Sec. 112) Amends the judicial code to authorize bankruptcy court judges to conduct jury trials in civil proceedings under specified circumstances. (Sec. 113) Provides for a waiver of State and Federal sovereign immunity with respect to monetary recoveries and declaratory or injunctive relief under the Bankruptcy Code. Title II: Commercial Bankruptcy Issues - Amends Federal bankruptcy law to revise provisions regarding the right of a party with a security interest in certain aircraft equipment, maritime vessels, or railroad rolling stock equipment to take possession of such equipment or vessels in compliance with an equipment security agreement notwithstanding the automatic stay or property use or sale provisions of the bankruptcy code or injunctive power of the bankruptcy court, unless the trustee assumes the debtor's obligations under the agreement by a specified deadline and any default is cured. (Sec. 202) Sets forth or revises guidelines governing: (1) liability limitations with respect to noninsider transferees for avoided transfers; (2) maintenance and continued perfection of a secured creditor's position; (3) rejection of unexpired leases of real property or timeshare interests; (4) inclusion of the claims of independent sales representatives within priority claims against the bankrupt estate; (5) exclusion from the bankrupt estate of the debtor's interest in liquid or gaseous hydrocarbons; (6) a seller's right to reclaim goods from a bankrupt debtor; (7) election of a disinterested trustee; (8) rights of the partnership trustee against the general partners; (9) exclusion from the debtor's estate of certain accounts receivable and chattel paper; (10) timely filing of claims, interests, and administrative expense requests; (11) the protection of security interests in post-petition rents; and (12) spot foreign exchange contracts. Title III: Consumer Bankruptcy Issues - Permits a Chapter 13 debtor to cure a lien arising from a home mortgage default with respect to his or her principal residence until the residence is sold under the lien. (Sec. 302) Declares certain criminal fines nondischargeable under a Chapter 13 proceeding. (Sec. 303) Amends Federal bankruptcy law to modify the guidelines under which a lien shall be considered to impair an exemption. (Sec. 304) Provides that a petition in bankruptcy does not operate as an automatic stay with respect to an action or proceeding for: (1) the establishment of paternity; or (2) the establishment or modification of an order for child or spousal maintenance or support. Includes within the priority list of expenses and claims that are to be paid by the bankrupt estate any claims for child or spousal support pursuant to a court order. Declares that a debtor in bankruptcy may not avoid a judicial lien securing a debt for child and spousal support or maintenance. Prohibits a bankruptcy trustee from avoiding a transfer that was a bona fide payment of a debt for child or spousal support or maintenance pursuant to a court order. Permits child support creditors to appear and intervene without charge, and without meeting any special local court requirement for attorney appearances, in any bankruptcy proceeding in any bankruptcy or district court upon the filing of a court form detailing the status of the child support debt. (Sec. 305) States that: (1) the rights of the mortgagee on the debtor's principal residence may not be modified; and (2) the rights of the most senior mortgagee on the debtor's principal residence may not be modified to reduce the secured claim to a value that is less than that of the allowed claim. (Sec. 306) Revises the guidelines regarding the debtor's cure of a default to limit a secured creditor to the benefit of the initial underlying agreement, including applicable nonbankruptcy law. (Sec. 307) Modifies the guidelines governing the presumed nondischargeability of certain consumer debts. Title IV: Governmental Bankruptcy Issues - Provides that the filing of a bankruptcy petition does not operate as an automatic stay of the creation, perfection, or enforcement of a statutory lien for an ad valorem property tax imposed by a governmental entity if such tax becomes due after the filing of a bankruptcy petition. (Sec. 402) Modifies the eligibility requirements for municipal bankruptcy filings to require that municipalities be specifically authorized by the State to file for bankruptcy. Title V: Technical Corrections - Makes technical and conforming corrections to the Bankruptcy Code and the Federal Deposit Insurance Act. Amends the judicial code to require a U.S. trustee to supervise the administration of cases and trustees in cases under Chapter 12 of the Bankruptcy Code. Title VI: Severability; Effective Date; Application of Amendments - Sets forth severability provisions and the effective date of this Act. Makes it inapplicable to certain cases commenced before its enactment.
Bill· HRH.R. 5120 (103rd)referred
United States · United States Congress · 28 September 1994
National Infrastructure Development Act of 1994 - Establishes as a wholly owned Government corporation: (1) the National Infrastructure Development Corporation (NIDC); and (2) the National Infrastructure Insurance Corporation (NIIC) which shall be a subsidiary of NIDC. Requires NIDC and NIIC to conduct their respective businesses as self-supporting entities. (Sec. 6) Sets forth provisions regarding: (1) NIDC's and NIIC's powers and limitations; and (2) eligibility criteria for assistance from NIDC and NIIC. Directs the boards of directors of each to establish criteria for determining eligibility for financial assistance, disclosure and application procedures to be followed by States, revolving funds, and other entities to nominate projects for assistance, and such other criteria as appropriate. Sets forth provisions regarding: (1) initial targeting of ready-to-go projects; (2) development risk insurance; (3) discretion of NIDC and NIIC to provide assistance; (4) final decisions regarding providing assistance to be made by an independent investment committee; (5) required State and local permits; (6) annual reports; and (7) capitalization, organization, and management of NIDC and NIIC. (Sec. 12) Requires that all meetings of the full board of directors held to conduct the business of NIDC and NIIC be open to the public and be preceded by reasonable notice. Permits the respective board of directors to close a meeting if there is likely to be disclosed information which could adversely affect or lead to speculation relating to: (1) an infrastructure project under consideration for assistance under this Act; or (2) financial or securities or commodities markets or institutions, utilities, or real estate. (Sec. 13) Requires the NIDC to prepare and revise as necessary a strategic plan for the transition of NIDC and all subsidiaries thereof to a government-sponsored enterprise and for the sale or transfer to investors other than the Federal Government of NIDC's voting securities. Sets forth provisions regarding: (1) means of transfer; (2) presidential approval; (3) congressional notification; (4) congressional review; (5) deposit of proceeds; (6) conversion of Federal Government investment; (7) the board of directors; (8) transmittal of the final plan after completion; (9) status and applicability of certain Federal laws; (10) compliance with the Davis-Bacon Act; (11) obligations not federally guaranteed and State laws; (12) audits and reporting requirements; (13) tax treatment of distributions from qualified retirement plans investing in public benefit bonds; and (14) prohibition of additional Federal assistance. Authorizes appropriations.
Bill· HRH.R. 5117 (103rd)open
United States · United States Congress · 28 September 1994
Amends provisions relating to the Department of Defense Military Retirement Fund to require the Secretary of Defense to pay into the Fund at the beginning of each fiscal year amounts under the most recent amortization schedule for the amortization of cumulative unfunded liabilities or gains or cumulative actuarial gains or losses to the Fund attributable to military service performed on or after October 1, 1984. Makes such provision effective for payments into the Fund for FY 1996.
Bill· HRH.R. 5124 (103rd)open
United States · United States Congress · 28 September 1994
Amends the Internal Revenue Code to reduce the deduction for corporate interest payments by 20 percent. Excepts small corporations and farming businesses from such reduction. Allows corporations a deduction of 50 percent of the dividends paid during a taxable year. Limits such deduction to the amount in the qualified dividend account established by the corporation for the payment of such dividends. Prohibits the following corporations from using such deduction: (1) regulated investment companies; (2) real estate investment trusts; (3) an S corporation (certain small business corporations); (4) cooperative organizations; and (5) foreign sales corporations and domestic international sales corporations. Provides for an increase in the withholding tax on dividends paid to nonresident aliens or foreign corporations to reflect the dividend paid deduction. Requires, in the case of the acquisition of assets of a corporation by another corporation, that the acquiring corporation carryover the qualified dividend account.
Resolution· HRESH.Res. 554 (103rd)passed
United States · United States Congress · 28 September 1994
Waives points of order against the consideration of the conference report on H.R. 4650 (making appropriations for the Department of Defense for FY 1995).
Bill· SS. 2467 (103rd)open
United States · United States Congress · 27 September 1994
TABLE OF CONTENTS: Title I: Approval of, and General Provisions Relating to, the Uruguay Round Agreements Subtitle A: Approval of Agreements and Related Provisions Subtitle B: Tariff Modifications Subtitle C: Uruguay Round Implementation and Dispute Settlement Subtitle D: Related Provisions Title II: Antidumping and Countervailing Duty Provisions Subtitle A: General Provisions Subtitle B: Subsidies Provisions Subtitle C: Effective Date Title III: Additional Implementation of Agreements Subtitle A: Safeguards Subtitle B: Foreign Trade Barriers and Unfair Trade Practices Subtitle C: Unfair Practices in Import Trade Subtitle D: Textiles Subtitle E: Government Procurement Subtitle F: Technical Barriers to Trade Title IV: Agriculture-Related Provisions Subtitle A: Agriculture Subtitle B: Sanitary and Phytosanitary Measures Subtitle C: Standards Subtitle D: General Effective Date Title V: Intellectual Property Subtitle A: Copyright Provisions Subtitle B: Trademark Provisions Subtitle C: Patent Provisions Title VI: Related Provisions Subtitle A: Expiring Provisions Subtitle B: Certain Customs Provisions Subtitle C: Conforming Amendments Title VII: Revenue Provisions Subtitle A: Withholding Tax Provisions Subtitle B: Provisions Relating to Estimated Taxes and Payments and Deposits of Taxes Subtitle C: Earned Income Tax Credit Subtitle D: Provisions Relating to Retirement Benefits Subtitle E: Other Provisions Subtitle F: Pension Plan Funding and Premiums Title VIII: Pioneer Preferences Uruguay Round Agreements Act - Title I: Approval of, and General Provisions Relating to, the Uruguay Round Agreements - Subtitle A: Approval of Agreements and Related Provisions - Declares that the Congress approves: (1) the Uruguay Round Agreements entered into on April 15, 1994, pursuant to the Uruguay Round of multilateral trade negotiations under the General Agreement on Tariffs and Trade (GATT); and (2) a statement of administrative action proposed to implement such agreements that was submitted to the Congress on September 27, 1994. Authorizes appropriations. (Sec. 102) Prohibits any provision of the Uruguay Round Agreements that is inconsistent with any U.S. law from having any effect. Sets forth provisions governing the Agreements and their effect on State laws and private remedies. Subtitle B: Tariff Modifications - Grants the President, in addition to his other powers to enter into trade agreements regarding trade barriers, the authority to proclaim other modifications of any duty, staged rate reduction, or additional duties as may be necessary to carry out Schedule XX (United States annexed to the Marrakesh Protocol to GATT). (Sec. 112) Amends the Customs and Trade Act of 1990 to declare that the duty on foreign repairs made to U.S.-flag vessels shall not apply to the cost of equipment or spare parts for repairs made to certain U.S.-flag LASH (Lighter Aboard Ship) barges or cargo vessels that enter the United States on or after the date the World Trade Organization (WTO) Agreement enters into force. Amends the Tariff Act of 1930 to declare that such duty shall not apply to the cost of spare parts necessarily installed on such vessels before they first enter the United States, but only if a duty is paid under the Harmonized Tariff Schedule of the United States upon first entry into the United States on each spare part purchased in, or imported from, a foreign country. (Sec. 113) Directs the Secretary of the Treasury (Secretary) to liquidate or reliquidate and refund any duties that were paid on: (1) certain agglomerated stone tiles entered into the United States on or after January 1, 1989, and before October 1, 1990; and (2) clomiphene citrate entered into the United States after December 31, 1988, and before January 1, 1993. (Sec. 114) Amends the Harmonized Tariff Schedule of the United States to grant duty-free treatment to: (1) unimproved wool and other wool not finer than 46s; (2) octadecyl isocyanate; and (3) 5-chloro-2-(2,4- dichlorophenoxy)phenol. (Sec. 115) Sets forth consultation and layover requirements for actions proclaimed by the President. Subtitle C: Uruguay Round Implementation and Dispute Settlement - Sets forth provisions governing: (1) implementation of the Uruguay Round Agreements; (2) WTO dispute settlement panels; (3) review of WTO operations; (4) increased transparency of the costs and benefits of trade policy actions; and (5) access to the WTO dispute settlement process. (Sec. 128) Amends the Trade Act of 1974 to revise the composition of the Advisory Committee for Trade Policy and Negotiations to include representatives from nongovernmental environmental and conservation organizations. Subtitle D: Related Provisions - Directs the President to seek the establishment in the GATT 1947 (General Agreement on Tariffs and Trade, dated October 30, 1947) and in the WTO of a working party to examine internationally recognized worker rights as they relate to the articles, objectives, and related instruments of such agreement and organization. (Sec. 133) Expresses the sense of the Congress that the United States Trade Representative (USTR) should oppose the admission for membership into the WTO of any country that supports the boycotting of another country. (Sec. 134) Urges the President to develop a comprehensive trade and development policy for African countries. (Sec. 135) Declares that the principal U.S. negotiating objective in the extended negotiations on financial services to be conducted under the auspices of the WTO is to seek to secure commitments from developed and developing countries to reduce or eliminate barriers to the supply of financial services as the condition for the United States: (1) offering commitments to provide national treatment and market access in each of the financial services subsectors; and (2) making such commitments on a most-favored-nation basis. Declares that the principal U.S. negotiating objective in the extended negotiations on basic telecommunications services is to obtain the opening on a nondiscriminatory basis of foreign markets for basic telecommunications services through facilities-based competition or through the resale of services on existing networks. Declares the principal U.S. negotiating objectives in the extended negotiations on trade in civil aircraft are, among other things, to obtain: (1) competitive opportunities for U.S. exports in foreign markets equivalent to those afforded to foreign products in the United States; (2) the reduction or elimination of tariff and nontariff barriers, including through expanded membership in the Agreement on Trade in Civil Aircraft and in the US-EC bilateral agreement for large civil aircraft; and (3) increased transparency with respect to foreign subsidy programs in the civil aircraft sector, maintaining vigorous and effective disciplines on subsidies practices under the Agreement on Subsidies and Countervailing Measures (Subsidies Agreement). (Sec. 136) Amends the Internal Revenue Code to repeal the tax on imported perfumes that contain distilled spirits. Grants a drawback (refund) of tax paid on distilled spirits used in the manufacture of imported perfumes. (Sec. 137) Requires unliquidated imported nonrubber footwear from Brazil which is subject to Treasury Decision 74-233, dated September 9, 1974, and which was entered, or withdrawn from warehouse for consumption, on or before October 28, 1981, to be assessed countervailing duties at rates equal to the amount of the cash deposit of the estimated countervailing duties required on such footwear at the time of entry or withdrawal from warehouse for consumption. Title II: Antidumping and Countervailing Duty Provisions - Subtitle A: General Provisions - Amends the Tariff Act of 1930 to require the administering authority, upon receipt of a petition filed requesting a countervailing duty or antidumping duty proceeding, to: (1) notify the exporting country named in the petition by delivering a public version of the petition; and (2) with respect to a countervailing duty proceeding, provide any exporting country named in the petition that is a Subsidies Agreement country an opportunity for consultations. (Sec. 212) Revises provisions regarding countervailing duty and antidumping duty petition determinations with respect to: (1) whether the petition has been filed by or on behalf of an industry; (2) extension of time for filing a petition; (3) polling to determine industry support; (4) comments by interested parties; and (5) termination of a petition where imports of the subject merchandise have been determined negligible. Reduces from 85 days to 65 days after a countervailing duty investigation is initiated the deadline by which the administering authority must determine, based on available information, whether a subsidy is being provided with respect to merchandise which is the subject of such investigation. Reduces the time period on other countervailing duty and antidumping duty determinations. (Sec. 213) Requires the administering authority, whenever making a preliminary or final antidumping duty determination with respect to imported merchandise, to disregard any weighted average dumping margin that is de minimis (less than two percent ad valorem or the equivalent specific rate for such merchandise). (Sec. 214) Requires the International Trade Commission (ITC), whenever there is an affirmative countervailing or antidumping duty finding, to include in its final determination a finding as to whether the subject imports are likely to seriously undermine the remedial affect of the countervailing or antidumping duty order. Revises provisions regarding critical circumstances determinations in antidumping and countervailing duty proceedings to require the administering authority to base its determinations on: (1) available information; and (2) in antidumping duty cases, whether there is a history of dumping and material injury by reason of dumped imports in the United States and elsewhere of the subject merchandise. (Sec. 216) Requires the administering authority with respect to countervailing and antidumping duty cases to provide exporters who would have been subject to agreements to eliminate the injurious effect of, or subsidies provided on, their exports, the reasons for not accepting such agreements and an opportunity for them to submit comments. (Sec. 217) Authorizes the administering authority and the ITC to use records compiled in a previously filed and withdrawn countervailing or antidumping duty petition in any subsequent investigation initiated pursuant to any new petitions filed within three months after such withdrawal. (Sec. 218) Sets forth special rules for: (1) countervailing and antidumping duty investigations with respect to agreements to eliminate the injurious effect of, or subsidies provided on, exports that are sold in a regional industry (domestic producers within a region who are treated as a separate industry); and (2) assessment of countervailing or antidumping duties on specific exporters in affirmative regional industry determinations. (Sec. 219) Requires the administering authority, whenever an affirmative antidumping determination is made, to make a preliminary and final determination of: (1) the estimated weighted average dumping margin for each exporter individually investigated; and (2) the estimated all-others rate for all exporters not individually investigated. Requires the administering authority to order the posting of bond for the subject merchandise based on the estimates above. (Sec. 220) Sets forth provisions with respect to: (1) the periodic review of countervailing or antidumping duty orders or notice of suspension of a countervailing or antidumping duty investigation; (2) determinations of antidumping or countervailing duties; (3) revocation of countervailing or antidumping duty orders; (4) termination of suspended countervailing or antidumping duty investigations; (5) administering authority determinations of whether revocation of an order, or termination of a suspended investigation, would likely lead to continuation or recurrence of material injury to an industry, or a countervailable subsidy, or of dumping; (6) revised factors to be considered in threat of injury determinations; (7) negligible imports; (8) cumulation for determining material injury and threat of material injury to an industry; (9) consideration of post-petition information in countervailing or antidumping duty investigations; (10) determination of the normal value of subject merchandise; (11) opportunity for industrial users and consumers of subject merchandise to comment; (12) publication of countervailing or antidumping duty determinations; (13) conduct of countervailing or antidumping duty investigations and the administrative review of such investigations; and (14) antidumping duty petitions by WTO member countries. Subtitle B: Subsidies Provisions - Part 1: Countervailable Subsidies - Defines the term "countervailable subsidy" as a financial contribution, any form of income or price support, or any direct or indirect payment by the government of a country or any public entity within a country's territory to a person or a funding mechanism to provide a financial contribution to a person, thereby conferring a benefit. Part 2: Repeal of Section 303 and Conforming Amendments - Repeals a provision of the Tariff Act of 1930 concerning countervailing duties. (Sec. 262) Authorizes the imposition of a countervailing duty (equal to the amount of the net countervailable subsidy) on subject imported merchandise if: (1) the administering authority determines that a foreign country provides a countervailable subsidy with respect to such merchandise; and (2) in the case of merchandise imported from a Subsidies Agreement country, the ITC determines that a U.S. industry is materially injured or is threatened with material injury, or the establishment of a U.S. industry is materially retarded by reasons of such imported merchandise. (Sec. 263) Sets forth provisions regarding: (1) de minimis countervailable subsidies; (2) determination of countervailable, all-others, and country-wide subsidy rates; and (3) the definition of "developing and least-developed countries". Part 3: Section 303 Injury Investigations - Requires the ITC, upon a request from an interested party for an injury investigation with respect to a countervailing duty order which applies to merchandise that is a product of a Subsidies Agreement country, to initiate an investigation to determine whether a U.S. industry is likely to be materially injured by such merchandise if such order is revoked. Part 4: Enforcement of United States Rights Under the Subsidies Agreement - Requires the administering authority to provide information to the public upon request, and, to the extent feasible, assistance and advice to interested parties concerning remedies and procedures under the Subsidies Agreement. Requires the administering authority to notify the USTR with respect to its determination that a class or kind of merchandise is benefiting from a subsidy prohibited under the Agreement. Sets forth provisions requiring the withdrawal of such subsidy or the imposition of countermeasures. Subtitle C: Effective Date - Sets forth effective dates. Title III: Additional Implementation of Agreements - Subtitle A: Safeguards - Amends the Trade Act of 1974 regarding: (1) confidentiality of business information furnished to the ITC with respect to petitions requesting import relief from injury caused by import competition; (2) disclosure of such information under protective order; (3) time limits with respect to ITC import injury determinations in critical circumstances cases and import relief provided by the President; (4) productivity as a factor in ITC import relief determinations; and (5) limits with respect to the duration of import relief actions. Subtitle B: Foreign Trade Barriers and Unfair Trade Practices - Requires a certain USTR report on foreign trade barriers to include a section on foreign anticompetitive practices that adversely affect the export of U.S. goods or services. (Sec. 313) Requires the USTR to take into account the history of intellectual property practices of a foreign country and the history of U.S. efforts to achieve adequate intellectual property protection in identifying priority foreign countries. (Sec. 314) Revises the definition of an unreasonable foreign act, policy, or practice to include the denial of nondiscriminatory market access opportunities for U.S. persons that rely upon intellectual property protection. Requires the USTR to include in a certain report identifying U.S. trade liberalization priorities a review of U.S. trade expansion priorities. Revises factors to be included in such report. Requires the USTR to negotiate an agreement with foreign priority countries that eliminates the unreasonable trade practice or, if elimination is not feasible, that provides compensatory benefits. Sets forth U.S. objectives with respect to the protection of intellectual property rights. Subtitle C: Unfair Practices in Import Trade - Amends the Tariff Act of 1930 to set forth provisions with respect to: (1) the conclusion of ITC unfair trade practices determinations; (2) entry under bond of merchandise suspected of being manufactured as a result of an unfair trade practice; (3) cease and desist orders with respect to such merchandise; (4) access to confidential information submitted to the ITC in its investigation; (5) stays of actions pending before the ITC; and (6) jurisdiction of counterclaims filed in unfair trade practices cases. Subtitle D: Textiles - Requires the Secretary of Commerce to publish in the Federal Register a list of products to be integrated as set out in the Agreement on Textiles and Clothing. (Sec. 333) Requires the Secretary to publish in the Federal Register a list of manufacturers or exporters located outside the United States who fraudulently imported textile or apparel merchandise into the United States in violation of U.S. customs laws. Requires the President to publish a list of countries who have transshipped textile or apparel products or have engaged in activities designed to evade U.S. quotas on such products. (Sec. 334) Requires the Secretary to prescribe rules implementing specified principles for determining the origin of textiles and apparel products. Subtitle E: Government Procurement - Amends the Trade Agreements Act of 1979 to extend from one year to 18 months following the initiation of dispute settlement procedures with respect to the Agreement on Government Procurement the period of time during which the President shall not take action to limit Government procurement for a participant if specified conditions are met. Extends the time period of dispute resolution procedures before certain sanctions are imposed on a signatory country for not complying with such procedures. (Sec. 342) Repeals the mandate for a study of the economic effects of the waiver of Buy American requirements in the procurement of products in labor surplus areas prior to certain trade renegotiations. (Sec. 343) Revises such Act with respect to reciprocal competitive procurement practices and the authority to bar the procurement of U.S. products from non-designated countries. Subtitle F: Technical Barriers to Trade - Declares that nothing under the Trade Agreements Act of 1979 regarding customs duties and technical barriers to trade may be construed to: (1) prohibit a Federal agency from engaging in standards-related activities, including activities related to safety, the protection of human, animal, or plant life or health, the environment, or consumers; or (2) limit a Federal agency's authority to determine the level of safety it considers appropriate in such areas. Title IV: Agriculture-Related Provisions - Subtitle A: Agriculture - Part 1: Market Access - Amends the Agricultural Adjustment Act, as reenacted by the Agricultural Marketing Agreement Act of 1937, to prohibit any quantitative limitation or fee from being imposed under such Act with respect to any product of a WTO member. (Sec. 402) Repeals specified sections of the Trade Agreements Act of 1979 regarding import restrictions on cheese and chocolate crumbs. Amends the Trade Agreements Act of 1979 to eliminate provisions authorizing the President to prohibit the entry of quota cheese. (Sec. 403) Repeals the Meat Import Act of 1979. (Sec. 404) Requires the President, in implementing the tariff-rate quotas set out in Schedule XX, to take necessary action to ensure that agricultural imports do not disrupt the orderly marketing of commodities in the United States. Sets forth provisions with respect to the application of tariff-rate quotas to imported agricultural products. (Sec. 405) Requires the President to publish in the Federal Register: (1) a list of special safeguard agricultural goods; and (2) a trigger level and price for such goods. Requires a duty to be imposed on such imports of such goods. Part II: Exports - Export Enhancement Program Amendments of 1994 - Amends the Agricultural Trade Act of 1978 to require the Commodity Credit Corporation (CCC) to carry out an export enhancement program to encourage the commercial sale of U.S. agricultural commodities in world markets at competitive prices. Extends funding levels for such program through FY 2001. (Sec. 411) Amends the Food Security Act of 1985 to extend the authority of the dairy export incentive program through FY 2001. Authorizes the Secretary of Agriculture to sell dairy products for export consistent with U.S. obligations under the Uruguay Round Agreements, if their sale will not interfere with the usual marketings of the United States nor disrupt world prices of agricultural commodities and patterns of commercial trade. Expresses the sense of the Congress that: (1) the President should consult other donor nations to consider appropriate levels of food aid commitments to meet the legitimate needs of developing countries; and (2) the United States should increase its contribution of bone fide food assistance to developing countries consistent with the Agreement on Agriculture. Part III: Other Provisions - Increases the maximum tariff rate the President may impose on imported tobacco. (Sec. 422) Amends the Agricultural Adjustment Act of 1938 to require producers, purchasers, and exporters of 1994 through 1998 price supported crops of tobacco to remit to the CCC a certain nonrefundable marketing assessment. Amends the Tariff Act of 1930 to provide a drawback (refund) on any tobacco that is subject to the over-quota rate of duty established under a tariff-rate quota. (Sec. 423) Authorizes the President to proclaim a reduction or elimination of any duty with respect to cigar binder and filler tobacco, wrapper tobacco, or oriental tobacco. (Sec. 424) Requires the President to report to the Congress on the extent to which Canada is complying with the Uruguay Round Agreements with respect to dairy and poultry products and with its related obligations under the North American Free Trade Agreement (NAFTA). (Sec. 425) Secretary of Agriculture to study and report to the Congress on the effects of the Uruguay Round Agreements on the Federal milk marketing order system. (Sec. 426) Requires the CCC to use certain funds for export promotion. foreign market development, export credit financing, and promotion of the development, commercialization, and marketing of products resulting from alternative uses of agricultural commodities. Subtitle B: Sanitary and Phytosanitary Measures - Amends the Trade Agreements Act of 1979 to require the standards information center of the Department of Commerce, among other things, to make available to the public documents and information regarding: (1) general application of sanitary or phytosanitary measures by Federal and State agencies; and (2) participation of Federal and State governments and nongovernmental bodies in international and regional standardizing bodies and conformity assessment systems, and in bilateral and multilateral arrangements regarding standards-related measures. (Sec. 431) Amends Federal law to exclude Mexico from certain requirements requiring pest inspection of Mexican railroad cars that enter the United States. Amends the Federal Plant Pest Act and the Plant Quarantine Act to repeal the current requirement of permits for the importation or interstate movement of plant pests and nursery stock. Allows such importation or movement (in the mails or otherwise) only in accordance with regulations promulgated by the Secretary of Agriculture to prevent the dissemination into the United States, or interstate, of such pests, plant diseases, or insect pests. Amends the Honeybee Act to repeal the statutory prohibition but authorize the Secretary of Agriculture to prohibit the importation of honeybees and honeybee semen into or through the United States in order to prevent the spread of diseases and parasites harmful to honeybees, the introduction of genetically undesirable honeybee germ plasm, or the introduction and spread of undesirable honeybee species or subspecies and honeybee semen. Amends the Federal Noxious Weed Act of 1974 to revise the prohibition on the importation or interstate movement of noxious weeds. Amends Federal law to repeal the statutory prohibition but authorize the Secretary of Agriculture by regulation to prohibit or restrict the importation of cattle, sheep, or other ruminants, or swine that are diseased or infected with any disease, or that have been exposed to an infection, into or through the United States in order to prevent the dissemination of disease into the United States. Changes from mandatory to discretionary the Secretary of Agriculture's authority to: (1) cause the inspection of imported animals for contagious diseases or infection; and (2) establish an international animal quarantine station. Revises the Federal Meat Inspection Act with respect to a certification by the Secretary of Agriculture that foreign plants that export meat carcasses or meat products have complied with inspection requirements. (Sec. 432) Amends the Trade Agreements Act of 1979 to require the President to designate an agency to be responsible for informing the public of the sanitary and phytosanitary standard-setting activities of each international standard-setting organization. Prohibits an agency from making a determination that a foreign sanitary or phytosanitary measure is equivalent to a U.S. sanitary or phytosanitary measure unless it determines that such foreign measure provides at least the same level of sanitary or phytosanitary protection as the U.S. measure. Subtitle C: Standards - Amends the Federal Seed Act to repeal certain seed staining requirements. Requires the Secretary of Agriculture to publish, with the reasons for it, any determination that foreign seed of alfalfa or red clover is not adapted for general agricultural use in the United States. Subtitle D: General Effective Date - Sets forth the effective date of this title. Title V: Intellectual Property - Subtitle A: Copyright Provisions - Amends the Computer Software Rental Amendments Act of 1990 to repeal the termination date of a prohibition on unauthorized commercial rental or leasing of computer programs. (Sec. 512) Amends Federal copyright law to apply existing remedies for copyright infringement where a person, without the consent of a performer: (1) fixes the sound or images of a live musical performance in a copy or phonorecord or reproduces phonorecords or copies of such a performance from an unauthorized fixation; (2) communicates to the public the sounds or images of such a performance; or (3) distributes, sells, rents, or traffics (or offers to engage in such activities) any copy or phonorecord fixed without such consent. (Sec. 513) Amends the Federal criminal code to impose criminal penalties for activities described in Section 512 that are pursued for commercial advantage or private financial gain. (Sec. 514) Replaces provisions regarding copyright in certain motion pictures with those concerning copyright in restored works. Declares that copyright subsists in restored works and vests automatically on the date of restoration. Provides that any work in which copyright is restored shall subsist for the remainder of the term of copyright that the work would have otherwise been granted in the United States if the work never entered the public domain in the United States. Provides that any work in which the copyright was ever owned or administered by the Alien Property Custodian and in which the restored copyright would be owned by a government or instrumentality thereof is not a restored work. Declares that a restored work vests initially in the author or initial rightholder of the work as determined by the law of the source country of the work. Authorizes any person owning copyright or an exclusive right in a restored work to file a notice of intent with the Copyright Office to enforce that copyright or right against reliance parties or serve such notice directly. Defines a "reliance party" as any person who: (1) engages in acts, before the source country becomes an eligible country (a country that is a World Trade Organization (WTO) member country, adheres to the Bern Convention, or is subject to a presidential proclamation of protection), which would have violated exclusive rights in copyrighted works if the restored work had been subject to copyright protection and continues to engage in such acts after the source country becomes an eligible country; (2) makes or acquires copies or phonorecords of the work before the source country becomes an eligible country; or (3) as the result of the sale or other disposition of a derivative work or significant assets of a person described in (1) or (2), is a successor, assignee, or licensee of such a person. Sets forth remedies for infringement of copyrights in restored works. Permits the President, whenever a foreign nation extends to U.S. authors restored copyright protection on substantially the same basis as provided under this Act, to extend restored protection by proclamation to any work: (1) of which one or more of the authors is a national, domiciliary, or sovereign authority of such nation; or (2) which was first published in such nation. Subtitle B: Trademark Provisions - Amends the Trademark Act of 1946 to consider nonuse of a mark for three (currently, two) consecutive years to be prima facie evidence of abandonment. (Sec. 522) Makes trademarks regarding geographic indications, when first used in connection with wines or spirits one year after the WTO Agreement's enactment date, nonregistrable if the geographic indication is a place other than the origin of the goods. Subtitle C: Patent Provisions - Amends Federal patent law to extend U.S. intellectual property protections to inventions that are made in other countries by persons who are domiciled in a North American Free Trade Agreement (NAFTA) country or WTO member country and who are serving in any other country in connection with operations by or on behalf of the United States, a NAFTA country, or a WTO member country. (Sec. 532) Revises Federal patent law to establish a 20-year patent term from the date of filing. Provides that, if the issuance of an original patent is delayed because of a proceeding regarding situations where a patent application would interfere with a pending application or with an unexpired patent, the term of the patent shall be extended for the period of delay up to five years. Provides the same extension for delays due to appellate review by the Board of Patent Appeals or a Federal court. Requires the term of a patent that is in force or results from an application filed within six months after this Act's enactment date to be the greater of the 20-year term or 17 years from grant, subject to any terminal disclaimers. Sets forth provisions with respect to the filing of a provisional application for a patent. Specifies that a provisional application shall not be entitled to the right of priority of any other application or the benefit of an earlier filing date in the United States. Directs the Commissioner of the Patent and Trademark Office to charge a $150 filing fee on each provisional application for an original patent. (Sec. 533) Deems offering to sell or import a patented invention into the United States to be patent infringement. Title VI: Related Provisions - Subtitle A: Expiring Provisions - Amends the Trade Act of 1974 to extend, through July 31, 1995, duty-free treatment of the products of beneficiary developing countries under the Generalized System of Preferences. (Sec. 601) Requires certain articles that enter the United States after September 30, 1994, and before the enactment of this Act, to be liquidated or reliquidated as free of duty and a refund to be paid with respect to such entries. (Sec. 602) Amends the Harmonized Tariff Schedule of the United States to extend, through January 1, 2007, the requirement that the Secretaries of Commerce and of the Interior: (1) verify the wages paid by each producer to permanent residents of the U.S. insular possessions during the preceding year; and (2) issue to each producer a production incentive certificate for the applicable amount. Extends the authority of the production incentive certificate, number PIC-EV-89. Subtitle B: Certain Customs Provisions - Amends the Consolidated Omnibus Budget Reconciliation Act of 1985 to revise provisions concerning the reimbursement of certain customs user fees. (Sec. 612) Increases the customs user fees for certain imported merchandise. Subtitle C: Conforming Amendments - Amends Federal trade laws to make conforming amendments. Title VII: Revenue Provisions - Subtitle A: Withholding Tax Provisions - Amends the Internal Revenue Code (IRC) to require tax withholding on payments made to a member of an Indian tribe from profits from gaming activity. (Sec. 702) Provides for voluntary withholding on specified Federal payments and on unemployment compensation. Subtitle B: Provisions Relating to Estimated Taxes and Payments and Deposits of Taxes - Requires amounts included in gross income for foreign shareholders and controlled foreign corporations to be taken into account in computing annualized income installments. (Sec. 712) Specifies time requirements for the deposit of certain excise taxes. (Sec. 713) Reduces the rate of interest to be paid on certain corporate overpayments. Subtitle C: Earned Income Tax Credit - Makes military personnel stationed outside the United States eligible for the earned income credit. (Sec. 722) Makes certain nonresident aliens ineligible for such tax credit. (Sec. 723) Disregards the income of inmates at penal institutions in determining such tax credit. Subtitle D: Provisions Relating to Retirement Benefits - Extends the authority to transfer excess pension assets to retiree health benefit accounts. (Sec. 733) Increases the percentage of social security benefits paid to nonresidents that must be included in gross income. Subtitle E: Other Provisions - Provides for partnership distributions of marketable securities. (Sec. 742) Requires taxpayer identification numbers at birth. (Sec. 743) Extends the authority of the Internal Revenue Service to impose certain user fees. (Sec. 744) Removes the reduction of the understatement penalty for corporations for items attributable to tax shelters. Subtitle F: Pension Plan Funding and Premiums - Retirement Protection Act of 1994 - Amends requirements for pension plan funding, including: (1) minimum funding, revising additional funding requirements for single-employer plans; (2) limitation on changes in current liability assumptions; (3) anticipation of bargained benefit increases; (4) modification of the quarterly contribution requirement; and (5) exceptions to the excise tax on nondeductible contributions. (Sec. 761) Makes similar amendments to the Employee Retirement Income Security Act of 1974 (ERISA) for pension plan funding. (Sec. 766) Prohibits benefit increases or other changes which increase plan liabilities where a plan sponsor is in bankruptcy. (Sec. 767) Amends IRC and ERISA with respect to: (1) single sum distributions; and (2) adjustments to the lien for missed minimum funding contributions. (Sec. 771) Amends title IV (Plan Termination Insurance) of ERISA to revise requirements relating to reportable events. (Sec. 772) Requires that specified additional information be furnished to the Pension Benefit Guaranty Corporation (PBGC). (Sec. 773) Revises provisions for enforcement of minimum funding requirements. (Sec. 774) Phases out the variable rate premium cap. (Sec. 775) Requires the plan administrator of a plan subject to a specified additional premium to notify plan participants and beneficiaries of the plan's funding status and the limits on the PBGC's guaranty should the plan terminate while underfunded. (Sec. 776) Adds provisions relating to missing participants. (Sec. 777) Revises provisions relating to modification of the maximum guarantee for disability benefits. (Sec. 781) Sets forth effective dates for this Act. Title VIII: Pioneer Preferences - Amends the Communications Act of 1934 to prohibit the Federal Communications Commission (FCC) from awarding licenses pursuant to preferential treatment accorded by the FCC to persons who make significant contributions to the development of a new telecommunications service or technology, except in accordance with this title. (Sec. 801) Requires the FCC to recover for the public a portion of the value of the public spectrum resource made available to such persons by requiring them, as a condition for receipt of licenses, to agree to pay a specified sum. Provides for such payments to be made in a lump sum or in guaranteed installment payments, with or without royalty payments, over a period of up to five years. Directs the FCC to prescribe regulations specifying the procedures and criteria by which it will evaluate applications for such preferential treatment in licensing. Requires such regulations to: (1) specify the procedures and criteria by which the significance of such contributions will be determined; (2) include procedures to prevent unjust enrichment by ensuring that the value of the contribution justifies any reduction in amounts paid for licenses; and (3) be inapplicable to applications that have been accepted for filing before September 1, 1994. Sets forth requirements with respect to treatment of broadband licenses awarded pursuant to preferential treatment accorded in the Third Report and Order in General Docket 90-314, including that the FCC: (1) not reconsider the award of such specified preferences and not delay the granting of licenses based on such awards; (2) not alter the bandwidth or service areas designated for such licenses in such Report and Order; (3) use the broadband licenses in the personal communications services for blocks A and B for the 20 largest markets (ranked by population) in which no applicant has obtained preferential treatment; (4) permit installment payments over a period of five years subject to specified conditions; and (5) recover an amount equal to $400 million for such licenses. Terminates the FCC's authority to provide preferential treatment as described by this title on September 30, 1998. Applies this title to any licenses issued on or after August 1, 1994, pursuant to preferential treatment procedures.
Law· HRH.R. 5110 (103rd)enacted
United States · United States Congress · 27 September 1994
TABLE OF CONTENTS: Title I: Approval of, and General Provisions Relating to, the Uruguay Round Agreements Subtitle A: Approval of Agreements and Related Provisions Subtitle B: Tariff Modifications Subtitle C: Uruguay Round Implementation and Dispute Settlement Subtitle D: Related Provisions Title II: Antidumping and Countervailing Duty Provisions Subtitle A: General Provisions Subtitle B: Subsidies Provisions Subtitle C: Effective Date Title III: Additional Implementation of Agreements Subtitle A: Safeguards Subtitle B: Foreign Trade Barriers and Unfair Trade Practices Subtitle C: Unfair Practices in Import Trade Subtitle D: Textiles Subtitle E: Government Procurement Subtitle F: Technical Barriers to Trade Title IV: Agriculture-Related Provisions Subtitle A: Agriculture Subtitle B: Sanitary and Phytosanitary Measures Subtitle C: Standards Subtitle D: General Effective Date Title V: Intellectual Property Subtitle A: Copyright Provisions Subtitle B: Trademark Provisions Subtitle C: Patent Provisions Title VI: Related Provisions Subtitle A: Expiring Provisions Subtitle B: Certain Customs Provisions Subtitle C: Conforming Amendments Title VII: Revenue Provisions Subtitle A: Withholding Tax Provisions Subtitle B: Provisions Relating to Estimated Taxes and Payments and Deposits of Taxes Subtitle C: Earned Income Tax Credit Subtitle D: Provisions Relating to Retirement Benefits Subtitle E: Other Provisions Subtitle F: Pension Plan Funding and Premiums Title VIII: Pioneer Preferences Uruguay Round Agreements Act - Title I: Approval of, and General Provisions Relating to, the Uruguay Round Agreements - Subtitle A: Approval of Agreements and Related Provisions - Declares that the Congress approves: (1) the Uruguay Round Agreements entered into on April 15, 1994, pursuant to the Uruguay Round of multilateral trade negotiations under the General Agreement on Tariffs and Trade (GATT); and (2) a statement of administrative action proposed to implement such agreements that was submitted to the Congress on September 27, 1994. Authorizes appropriations. (Sec. 102) Prohibits any provision of the Uruguay Round Agreements that is inconsistent with any U.S. law from having any effect. Sets forth provisions governing the Agreements and their effect on State laws and private remedies. Subtitle B: Tariff Modifications - Grants the President, in addition to his other powers to enter into trade agreements regarding trade barriers, the authority to proclaim other modifications of any duty, staged rate reduction, or additional duties as may be necessary to carry out Schedule XX (United States annexed to the Marrakesh Protocol to GATT). (Sec. 112) Amends the Customs and Trade Act of 1990 to declare that the duty on foreign repairs made to U.S.-flag vessels shall not apply to the cost of equipment or spare parts for repairs made to certain U.S.-flag LASH (Lighter Aboard Ship) barges or cargo vessels that enter the United States on or after the date the World Trade Organization (WTO) Agreement enters into force. Amends the Tariff Act of 1930 to declare that such duty shall not apply to the cost of spare parts necessarily installed on such vessels before they first enter the United States, but only if a duty is paid under the Harmonized Tariff Schedule of the United States upon first entry into the United States on each spare part purchased in, or imported from, a foreign country. (Sec. 113) Directs the Secretary of the Treasury (Secretary) to liquidate or reliquidate and refund any duties that were paid on: (1) certain agglomerated stone tiles entered into the United States on or after January 1, 1989, and before October 1, 1990; and (2) clomiphene citrate entered into the United States after December 31, 1988, and before January 1, 1993. (Sec. 114) Amends the Harmonized Tariff Schedule of the United States to grant duty-free treatment to: (1) unimproved wool and other wool not finer than 46s; (2) octadecyl isocyanate; and (3) 5-chloro-2-(2,4- dichlorophenoxy)phenol. (Sec. 115) Sets forth consultation and layover requirements for actions proclaimed by the President. Subtitle C: Uruguay Round Implementation and Dispute Settlement - Sets forth provisions governing: (1) implementation of the Uruguay Round Agreements; (2) WTO dispute settlement panels; (3) review of WTO operations; (4) increased transparency of the costs and benefits of trade policy actions; and (5) access to the WTO dispute settlement process. (Sec. 128) Amends the Trade Act of 1974 to revise the composition of the Advisory Committee for Trade Policy and Negotiations to include representatives from nongovernmental environmental and conservation organizations. Subtitle D: Related Provisions - Directs the President to seek the establishment in the GATT 1947 (General Agreement on Tariffs and Trade, dated October 30, 1947) and in the WTO of a working party to examine internationally recognized worker rights as they relate to the articles, objectives, and related instruments of such agreement and organization. (Sec. 133) Expresses the sense of the Congress that the United States Trade Representative (USTR) should oppose the admission for membership into the WTO of any country that supports the boycotting of another country. (Sec. 134) Urges the President to develop a comprehensive trade and development policy for African countries. (Sec. 135) Declares that the principal U.S. negotiating objective in the extended negotiations on financial services to be conducted under the auspices of the WTO is to seek to secure commitments from developed and developing countries to reduce or eliminate barriers to the supply of financial services as the condition for the United States: (1) offering commitments to provide national treatment and market access in each of the financial services subsectors; and (2) making such commitments on a most-favored-nation basis. Declares that the principal U.S. negotiating objective in the extended negotiations on basic telecommunications services is to obtain the opening on a nondiscriminatory basis of foreign markets for basic telecommunications services through facilities-based competition or through the resale of services on existing networks. Declares the principal U.S. negotiating objectives in the extended negotiations on trade in civil aircraft are, among other things, to obtain: (1) competitive opportunities for U.S. exports in foreign markets equivalent to those afforded to foreign products in the United States; (2) the reduction or elimination of tariff and nontariff barriers, including through expanded membership in the Agreement on Trade in Civil Aircraft and in the US-EC bilateral agreement for large civil aircraft; and (3) increased transparency with respect to foreign subsidy programs in the civil aircraft sector, maintaining vigorous and effective disciplines on subsidies practices under the Agreement on Subsidies and Countervailing Measures (Subsidies Agreement). (Sec. 136) Amends the Internal Revenue Code to repeal the tax on imported perfumes that contain distilled spirits. Grants a drawback (refund) of tax paid on distilled spirits used in the manufacture of imported perfumes. (Sec. 137) Requires unliquidated imported nonrubber footwear from Brazil which is subject to Treasury Decision 74-233, dated September 9, 1974, and which was entered, or withdrawn from warehouse for consumption, on or before October 28, 1981, to be assessed countervailing duties at rates equal to the amount of the cash deposit of the estimated countervailing duties required on such footwear at the time of entry or withdrawal from warehouse for consumption. Title II: Antidumping and Countervailing Duty Provisions - Subtitle A: General Provisions - Amends the Tariff Act of 1930 to require the administering authority, upon receipt of a petition filed requesting a countervailing duty or antidumping duty proceeding, to: (1) notify the exporting country named in the petition by delivering a public version of the petition; and (2) with respect to a countervailing duty proceeding, provide any exporting country named in the petition that is a Subsidies Agreement country an opportunity for consultations. (Sec. 212) Revises provisions regarding countervailing duty and antidumping duty petition determinations with respect to: (1) whether the petition has been filed by or on behalf of an industry; (2) extension of time for filing a petition; (3) polling to determine industry support; (4) comments by interested parties; and (5) termination of a petition where imports of the subject merchandise have been determined negligible. Reduces from 85 days to 65 days after a countervailing duty investigation is initiated the deadline by which the administering authority must determine, based on available information, whether a subsidy is being provided with respect to merchandise which is the subject of such investigation. Reduces the time period on other countervailing duty and antidumping duty determinations. (Sec. 213) Requires the administering authority, whenever making a preliminary or final antidumping duty determination with respect to imported merchandise, to disregard any weighted average dumping margin that is de minimis (less than two percent ad valorem or the equivalent specific rate for such merchandise). (Sec. 214) Requires the International Trade Commission (ITC), whenever there is an affirmative countervailing or antidumping duty finding, to include in its final determination a finding as to whether the subject imports are likely to seriously undermine the remedial affect of the countervailing or antidumping duty order. Revises provisions regarding critical circumstances determinations in antidumping and countervailing duty proceedings to require the administering authority to base its determinations on: (1) available information; and (2) in antidumping duty cases, whether there is a history of dumping and material injury by reason of dumped imports in the United States and elsewhere of the subject merchandise. (Sec. 216) Requires the administering authority with respect to countervailing and antidumping duty cases to provide exporters who would have been subject to agreements to eliminate the injurious effect of, or subsidies provided on, their exports, the reasons for not accepting such agreements and an opportunity for them to submit comments. (Sec. 217) Authorizes the administering authority and the ITC to use records compiled in a previously filed and withdrawn countervailing or antidumping duty petition in any subsequent investigation initiated pursuant to any new petitions filed within three months after such withdrawal. (Sec. 218) Sets forth special rules for: (1) countervailing and antidumping duty investigations with respect to agreements to eliminate the injurious effect of, or subsidies provided on, exports that are sold in a regional industry (domestic producers within a region who are treated as a separate industry); and (2) assessment of countervailing or antidumping duties on specific exporters in affirmative regional industry determinations. (Sec. 219) Requires the administering authority, whenever an affirmative antidumping determination is made, to make a preliminary and final determination of: (1) the estimated weighted average dumping margin for each exporter individually investigated; and (2) the estimated all-others rate for all exporters not individually investigated. Requires the administering authority to order the posting of bond for the subject merchandise based on the estimates above. (Sec. 220) Sets forth provisions with respect to: (1) the periodic review of countervailing or antidumping duty orders or notice of suspension of a countervailing or antidumping duty investigation; (2) determinations of antidumping or countervailing duties; (3) revocation of countervailing or antidumping duty orders; (4) termination of suspended countervailing or antidumping duty investigations; (5) administering authority determinations of whether revocation of an order, or termination of a suspended investigation, would likely lead to continuation or recurrence of material injury to an industry, or a countervailable subsidy, or of dumping; (6) revised factors to be considered in threat of injury determinations; (7) negligible imports; (8) cumulation for determining material injury and threat of material injury to an industry; (9) consideration of post-petition information in countervailing or antidumping duty investigations; (10) determination of the normal value of subject merchandise; (11) opportunity for industrial users and consumers of subject merchandise to comment; (12) publication of countervailing or antidumping duty determinations; (13) conduct of countervailing or antidumping duty investigations and the administrative review of such investigations; and (14) antidumping duty petitions by WTO member countries. Subtitle B: Subsidies Provisions - Part 1: Countervailable Subsidies - Defines the term "countervailable subsidy" as a financial contribution, any form of income or price support, or any direct or indirect payment by the government of a country or any public entity within a country's territory to a person or a funding mechanism to provide a financial contribution to a person, thereby conferring a benefit. Part 2: Repeal of Section 303 and Conforming Amendments - Repeals a provision of the Tariff Act of 1930 concerning countervailing duties. (Sec. 262) Authorizes the imposition of a countervailing duty (equal to the amount of the net countervailable subsidy) on subject imported merchandise if: (1) the administering authority determines that a foreign country provides a countervailable subsidy with respect to such merchandise; and (2) in the case of merchandise imported from a Subsidies Agreement country, the ITC determines that a U.S. industry is materially injured or is threatened with material injury, or the establishment of a U.S. industry is materially retarded by reasons of such imported merchandise. (Sec. 263) Sets forth provisions regarding: (1) de minimis countervailable subsidies; (2) determination of countervailable, all-others, and country-wide subsidy rates; and (3) the definition of "developing and least-developed countries". Part 3: Section 303 Injury Investigations - Requires the ITC, upon a request from an interested party for an injury investigation with respect to a countervailing duty order which applies to merchandise that is a product of a Subsidies Agreement country, to initiate an investigation to determine whether a U.S. industry is likely to be materially injured by such merchandise if such order is revoked. Part 4: Enforcement of United States Rights Under the Subsidies Agreement - Requires the administering authority to provide information to the public upon request, and, to the extent feasible, assistance and advice to interested parties concerning remedies and procedures under the Subsidies Agreement. Requires the administering authority to notify the USTR with respect to its determination that a class or kind of merchandise is benefiting from a subsidy prohibited under the Agreement. Sets forth provisions requiring the withdrawal of such subsidy or the imposition of countermeasures. Subtitle C: Effective Date - Sets forth effective dates. Title III: Additional Implementation of Agreements - Subtitle A: Safeguards - Amends the Trade Act of 1974 regarding: (1) confidentiality of business information furnished to the ITC with respect to petitions requesting import relief from injury caused by import competition; (2) disclosure of such information under protective order; (3) time limits with respect to ITC import injury determinations in critical circumstances cases and import relief provided by the President; (4) productivity as a factor in ITC import relief determinations; and (5) limits with respect to the duration of import relief actions. Subtitle B: Foreign Trade Barriers and Unfair Trade Practices - Requires a certain USTR report on foreign trade barriers to include a section on foreign anticompetitive practices that adversely affect the export of U.S. goods or services. (Sec. 313) Requires the USTR to take into account the history of intellectual property practices of a foreign country and the history of U.S. efforts to achieve adequate intellectual property protection in identifying priority foreign countries. (Sec. 314) Revises the definition of an unreasonable foreign act, policy, or practice to include the denial of nondiscriminatory market access opportunities for U.S. persons that rely upon intellectual property protection. Requires the USTR to include in a certain report identifying U.S. trade liberalization priorities a review of U.S. trade expansion priorities. Revises factors to be included in such report. Requires the USTR to negotiate an agreement with foreign priority countries that eliminates the unreasonable trade practice or, if elimination is not feasible, that provides compensatory benefits. Sets forth U.S. objectives with respect to the protection of intellectual property rights. Subtitle C: Unfair Practices in Import Trade - Amends the Tariff Act of 1930 to set forth provisions with respect to: (1) the conclusion of ITC unfair trade practices determinations; (2) entry under bond of merchandise suspected of being manufactured as a result of an unfair trade practice; (3) cease and desist orders with respect to such merchandise; (4) access to confidential information submitted to the ITC in its investigation; (5) stays of actions pending before the ITC; and (6) jurisdiction of counterclaims filed in unfair trade practices cases. Subtitle D: Textiles - Requires the Secretary of Commerce to publish in the Federal Register a list of products to be integrated as set out in the Agreement on Textiles and Clothing. (Sec. 333) Requires the Secretary to publish in the Federal Register a list of manufacturers or exporters located outside the United States who fraudulently imported textile or apparel merchandise into the United States in violation of U.S. customs laws. Requires the President to publish a list of countries who have transshipped textile or apparel products or have engaged in activities designed to evade U.S. quotas on such products. (Sec. 334) Requires the Secretary to prescribe rules implementing specified principles for determining the origin of textiles and apparel products. Subtitle E: Government Procurement - Amends the Trade Agreements Act of 1979 to extend from one year to 18 months following the initiation of dispute settlement procedures with respect to the Agreement on Government Procurement the period of time during which the President shall not take action to limit Government procurement for a participant if specified conditions are met. Extends the time period of dispute resolution procedures before certain sanctions are imposed on a signatory country for not complying with such procedures. (Sec. 342) Repeals the mandate for a study of the economic effects of the waiver of Buy American requirements in the procurement of products in labor surplus areas prior to certain trade renegotiations. (Sec. 343) Revises such Act with respect to reciprocal competitive procurement practices and the authority to bar the procurement of U.S. products from non-designated countries. Subtitle F: Technical Barriers to Trade - Declares that nothing under the Trade Agreements Act of 1979 regarding customs duties and technical barriers to trade may be construed to: (1) prohibit a Federal agency from engaging in standards-related activities, including activities related to safety, the protection of human, animal, or plant life or health, the environment, or consumers; or (2) limit a Federal agency's authority to determine the level of safety it considers appropriate in such areas. Title IV: Agriculture-Related Provisions - Subtitle A: Agriculture - Part 1: Market Access - Amends the Agricultural Adjustment Act, as reenacted by the Agricultural Marketing Agreement Act of 1937, to prohibit any quantitative limitation or fee from being imposed under such Act with respect to any product of a WTO member. (Sec. 402) Repeals specified sections of the Trade Agreements Act of 1979 regarding import restrictions on cheese and chocolate crumbs. Amends the Trade Agreements Act of 1979 to eliminate provisions authorizing the President to prohibit the entry of quota cheese. (Sec. 403) Repeals the Meat Import Act of 1979. (Sec. 404) Requires the President, in implementing the tariff-rate quotas set out in Schedule XX, to take necessary action to ensure that agricultural imports do not disrupt the orderly marketing of commodities in the United States. Sets forth provisions with respect to the application of tariff-rate quotas to imported agricultural products. (Sec. 405) Requires the President to publish in the Federal Register: (1) a list of special safeguard agricultural goods; and (2) a trigger level and price for such goods. Requires a duty to be imposed on such imports of such goods. Part II: Exports - Export Enhancement Program Amendments of 1994 - Amends the Agricultural Trade Act of 1978 to require the Commodity Credit Corporation (CCC) to carry out an export enhancement program to encourage the commercial sale of U.S. agricultural commodities in world markets at competitive prices. Extends funding levels for such program through FY 2001. (Sec. 411) Amends the Food Security Act of 1985 to extend the authority of the dairy export incentive program through FY 2001. Authorizes the Secretary of Agriculture to sell dairy products for export consistent with U.S. obligations under the Uruguay Round Agreements, if their sale will not interfere with the usual marketings of the United States nor disrupt world prices of agricultural commodities and patterns of commercial trade. Expresses the sense of the Congress that: (1) the President should consult other donor nations to consider appropriate levels of food aid commitments to meet the legitimate needs of developing countries; and (2) the United States should increase its contribution of bone fide food assistance to developing countries consistent with the Agreement on Agriculture. Part III: Other Provisions - Increases the maximum tariff rate the President may impose on imported tobacco. (Sec. 422) Amends the Agricultural Adjustment Act of 1938 to require producers, purchasers, and exporters of 1994 through 1998 price supported crops of tobacco to remit to the CCC a certain nonrefundable marketing assessment. Amends the Tariff Act of 1930 to provide a drawback (refund) on any tobacco that is subject to the over-quota rate of duty established under a tariff-rate quota. (Sec. 423) Authorizes the President to proclaim a reduction or elimination of any duty with respect to cigar binder and filler tobacco, wrapper tobacco, or oriental tobacco. (Sec. 424) Requires the President to report to the Congress on the extent to which Canada is complying with the Uruguay Round Agreements with respect to dairy and poultry products and with its related obligations under the North American Free Trade Agreement (NAFTA). (Sec. 425) Secretary of Agriculture to study and report to the Congress on the effects of the Uruguay Round Agreements on the Federal milk marketing order system. (Sec. 426) Requires the CCC to use certain funds for export promotion. foreign market development, export credit financing, and promotion of the development, commercialization, and marketing of products resulting from alternative uses of agricultural commodities. Subtitle B: Sanitary and Phytosanitary Measures - Amends the Trade Agreements Act of 1979 to require the standards information center of the Department of Commerce, among other things, to make available to the public documents and information regarding: (1) general application of sanitary or phytosanitary measures by Federal and State agencies; and (2) participation of Federal and State governments and nongovernmental bodies in international and regional standardizing bodies and conformity assessment systems, and in bilateral and multilateral arrangements regarding standards-related measures. (Sec. 431) Amends Federal law to exclude Mexico from certain requirements requiring pest inspection of Mexican railroad cars that enter the United States. Amends the Federal Plant Pest Act and the Plant Quarantine Act to repeal the current requirement of permits for the importation or interstate movement of plant pests and nursery stock. Allows such importation or movement (in the mails or otherwise) only in accordance with regulations promulgated by the Secretary of Agriculture to prevent the dissemination into the United States, or interstate, of such pests, plant diseases, or insect pests. Amends the Honeybee Act to repeal the statutory prohibition but authorize the Secretary of Agriculture to prohibit the importation of honeybees and honeybee semen into or through the United States in order to prevent the spread of diseases and parasites harmful to honeybees, the introduction of genetically undesirable honeybee germ plasm, or the introduction and spread of undesirable honeybee species or subspecies and honeybee semen. Amends the Federal Noxious Weed Act of 1974 to revise the prohibition on the importation or interstate movement of noxious weeds. Amends Federal law to repeal the statutory prohibition but authorize the Secretary of Agriculture by regulation to prohibit or restrict the importation of cattle, sheep, or other ruminants, or swine that are diseased or infected with any disease, or that have been exposed to an infection, into or through the United States in order to prevent the dissemination of disease into the United States. Changes from mandatory to discretionary the Secretary of Agriculture's authority to: (1) cause the inspection of imported animals for contagious diseases or infection; and (2) establish an international animal quarantine station. Revises the Federal Meat Inspection Act with respect to a certification by the Secretary of Agriculture that foreign plants that export meat carcasses or meat products have complied with inspection requirements. (Sec. 432) Amends the Trade Agreements Act of 1979 to require the President to designate an agency to be responsible for informing the public of the sanitary and phytosanitary standard-setting activities of each international standard-setting organization. Prohibits an agency from making a determination that a foreign sanitary or phytosanitary measure is equivalent to a U.S. sanitary or phytosanitary measure unless it determines that such foreign measure provides at least the same level of sanitary or phytosanitary protection as the U.S. measure. Subtitle C: Standards - Amends the Federal Seed Act to repeal certain seed staining requirements. Requires the Secretary of Agriculture to publish, with the reasons for it, any determination that foreign seed of alfalfa or red clover is not adapted for general agricultural use in the United States. Subtitle D: General Effective Date - Sets forth the effective date of this title. Title V: Intellectual Property - Subtitle A: Copyright Provisions - Amends the Computer Software Rental Amendments Act of 1990 to repeal the termination date of a prohibition on unauthorized commercial rental or leasing of computer programs. (Sec. 512) Amends Federal copyright law to apply existing remedies for copyright infringement where a person, without the consent of a performer: (1) fixes the sound or images of a live musical performance in a copy or phonorecord or reproduces phonorecords or copies of such a performance from an unauthorized fixation; (2) communicates to the public the sounds or images of such a performance; or (3) distributes, sells, rents, or traffics (or offers to engage in such activities) any copy or phonorecord fixed without such consent. (Sec. 513) Amends the Federal criminal code to impose criminal penalties for activities described in Section 512 that are pursued for commercial advantage or private financial gain. (Sec. 514) Replaces provisions regarding copyright in certain motion pictures with those concerning copyright in restored works. Declares that copyright subsists in restored works and vests automatically on the date of restoration. Provides that any work in which copyright is restored shall subsist for the remainder of the term of copyright that the work would have otherwise been granted in the United States if the work never entered the public domain in the United States. Provides that any work in which the copyright was ever owned or administered by the Alien Property Custodian and in which the restored copyright would be owned by a government or instrumentality thereof is not a restored work. Declares that a restored work vests initially in the author or initial rightholder of the work as determined by the law of the source country of the work. Authorizes any person owning copyright or an exclusive right in a restored work to file a notice of intent with the Copyright Office to enforce that copyright or right against reliance parties or serve such notice directly. Defines a "reliance party" as any person who: (1) engages in acts, before the source country becomes an eligible country (a country that is a World Trade Organization (WTO) member country, adheres to the Bern Convention, or is subject to a presidential proclamation of protection), which would have violated exclusive rights in copyrighted works if the restored work had been subject to copyright protection and continues to engage in such acts after the source country becomes an eligible country; (2) makes or acquires copies or phonorecords of the work before the source country becomes an eligible country; or (3) as the result of the sale or other disposition of a derivative work or significant assets of a person described in (1) or (2), is a successor, assignee, or licensee of such a person. Sets forth remedies for infringement of copyrights in restored works. Permits the President, whenever a foreign nation extends to U.S. authors restored copyright protection on substantially the same basis as provided under this Act, to extend restored protection by proclamation to any work: (1) of which one or more of the authors is a national, domiciliary, or sovereign authority of such nation; or (2) which was first published in such nation. Subtitle B: Trademark Provisions - Amends the Trademark Act of 1946 to consider nonuse of a mark for three (currently, two) consecutive years to be prima facie evidence of abandonment. (Sec. 522) Makes trademarks regarding geographic indications, when first used in connection with wines or spirits one year after the WTO Agreement's enactment date, nonregistrable if the geographic indication is a place other than the origin of the goods. Subtitle C: Patent Provisions - Amends Federal patent law to extend U.S. intellectual property protections to inventions that are made in other countries by persons who are domiciled in a North American Free Trade Agreement (NAFTA) country or WTO member country and who are serving in any other country in connection with operations by or on behalf of the United States, a NAFTA country, or a WTO member country. (Sec. 532) Revises Federal patent law to establish a 20-year patent term from the date of filing. Provides that, if the issuance of an original patent is delayed because of a proceeding regarding situations where a patent application would interfere with a pending application or with an unexpired patent, the term of the patent shall be extended for the period of delay up to five years. Provides the same extension for delays due to appellate review by the Board of Patent Appeals or a Federal court. Requires the term of a patent that is in force or results from an application filed within six months after this Act's enactment date to be the greater of the 20-year term or 17 years from grant, subject to any terminal disclaimers. Sets forth provisions with respect to the filing of a provisional application for a patent. Specifies that a provisional application shall not be entitled to the right of priority of any other application or the benefit of an earlier filing date in the United States. Directs the Commissioner of the Patent and Trademark Office to charge a $150 filing fee on each provisional application for an original patent. (Sec. 533) Deems offering to sell or import a patented invention into the United States to be patent infringement. Title VI: Related Provisions - Subtitle A: Expiring Provisions - Amends the Trade Act of 1974 to extend, through July 31, 1995, duty-free treatment of the products of beneficiary developing countries under the Generalized System of Preferences. (Sec. 601) Requires certain articles that enter the United States after September 30, 1994, and before the enactment of this Act, to be liquidated or reliquidated as free of duty and a refund to be paid with respect to such entries. (Sec. 602) Amends the Harmonized Tariff Schedule of the United States to extend, through January 1, 2007, the requirement that the Secretaries of Commerce and of the Interior: (1) verify the wages paid by each producer to permanent residents of the U.S. insular possessions during the preceding year; and (2) issue to each producer a production incentive certificate for the applicable amount. Extends the authority of the production incentive certificate, number PIC-EV-89. Subtitle B: Certain Customs Provisions - Amends the Consolidated Omnibus Budget Reconciliation Act of 1985 to revise provisions concerning the reimbursement of certain customs user fees. (Sec. 612) Increases the customs user fees for certain imported merchandise. Subtitle C: Conforming Amendments - Amends Federal trade laws to make conforming amendments. Title VII: Revenue Provisions - Subtitle A: Withholding Tax Provisions - Amends the Internal Revenue Code (IRC) to require tax withholding on payments made to a member of an Indian tribe from profits from gaming activity. (Sec. 702) Provides for voluntary withholding on specified Federal payments and on unemployment compensation. Subtitle B: Provisions Relating to Estimated Taxes and Payments and Deposits of Taxes - Requires amounts included in gross income for foreign shareholders and controlled foreign corporations to be taken into account in computing annualized income installments. (Sec. 712) Specifies time requirements for the deposit of certain excise taxes. (Sec. 713) Reduces the rate of interest to be paid on certain corporate overpayments. Subtitle C: Earned Income Tax Credit - Makes military personnel stationed outside the United States eligible for the earned income credit. (Sec. 722) Makes certain nonresident aliens ineligible for such tax credit. (Sec. 723) Disregards the income of inmates at penal institutions in determining such tax credit. Subtitle D: Provisions Relating to Retirement Benefits - Extends the authority to transfer excess pension assets to retiree health benefit accounts. (Sec. 733) Increases the percentage of social security benefits paid to nonresidents that must be included in gross income. Subtitle E: Other Provisions - Provides for partnership distributions of marketable securities. (Sec. 742) Requires taxpayer identification numbers at birth. (Sec. 743) Extends the authority of the Internal Revenue Service to impose certain user fees. (Sec. 744) Removes the reduction of the understatement penalty for corporations for items attributable to tax shelters. Subtitle F: Pension Plan Funding and Premiums - Retirement Protection Act of 1994 - Amends requirements for pension plan funding, including: (1) minimum funding, revising additional funding requirements for single-employer plans; (2) limitation on changes in current liability assumptions; (3) anticipation of bargained benefit increases; (4) modification of the quarterly contribution requirement; and (5) exceptions to the excise tax on nondeductible contributions. (Sec. 761) Makes similar amendments to the Employee Retirement Income Security Act of 1974 (ERISA) for pension plan funding. (Sec. 766) Prohibits benefit increases or other changes which increase plan liabilities where a plan sponsor is in bankruptcy. (Sec. 767) Amends IRC and ERISA with respect to: (1) single sum distributions; and (2) adjustments to the lien for missed minimum funding contributions. (Sec. 771) Amends title IV (Plan Termination Insurance) of ERISA to revise requirements relating to reportable events. (Sec. 772) Requires that specified additional information be furnished to the Pension Benefit Guaranty Corporation (PBGC). (Sec. 773) Revises provisions for enforcement of minimum funding requirements. (Sec. 774) Phases out the variable rate premium cap. (Sec. 775) Requires the plan administrator of a plan subject to a specified additional premium to notify plan participants and beneficiaries of the plan's funding status and the limits on the PBGC's guaranty should the plan terminate while underfunded. (Sec. 776) Adds provisions relating to missing participants. (Sec. 777) Revises provisions relating to modification of the maximum guarantee for disability benefits. (Sec. 781) Sets forth effective dates for this Act. Title VIII: Pioneer Preferences - Amends the Communications Act of 1934 to prohibit the Federal Communications Commission (FCC) from awarding licenses pursuant to preferential treatment accorded by the FCC to persons who make significant contributions to the development of a new telecommunications service or technology, except in accordance with this title. (Sec. 801) Requires the FCC to recover for the public a portion of the value of the public spectrum resource made available to such persons by requiring them, as a condition for receipt of licenses, to agree to pay a specified sum. Provides for such payments to be made in a lump sum or in guaranteed installment payments, with or without royalty payments, over a period of up to five years. Directs the FCC to prescribe regulations specifying the procedures and criteria by which it will evaluate applications for such preferential treatment in licensing. Requires such regulations to: (1) specify the procedures and criteria by which the significance of such contributions will be determined; (2) include procedures to prevent unjust enrichment by ensuring that the value of the contribution justifies any reduction in amounts paid for licenses; and (3) be inapplicable to applications that have been accepted for filing before September 1, 1994. Sets forth requirements with respect to treatment of broadband licenses awarded pursuant to preferential treatment accorded in the Third Report and Order in General Docket 90-314, including that the FCC: (1) not reconsider the award of such specified preferences and not delay the granting of licenses based on such awards; (2) not alter the bandwidth or service areas designated for such licenses in such Report and Order; (3) use the broadband licenses in the personal communications services for blocks A and B for the 20 largest markets (ranked by population) in which no applicant has obtained preferential treatment; (4) permit installment payments over a period of five years subject to specified conditions; and (5) recover an amount equal to $400 million for such licenses. Terminates the FCC's authority to provide preferential treatment as described by this title on September 30, 1998. Applies this title to any licenses issued on or after August 1, 1994, pursuant to preferential treatment procedures.
Bill· HRH.R. 5111 (103rd)referred
United States · United States Congress · 27 September 1994
Amends the Internal Revenue Code to extend the special rules for the deduction of health insurance costs of self-employed individuals from December 31, 1993, until December 31, 1994.
Bill· HRH.R. 5109 (103rd)referred
United States · United States Congress · 27 September 1994
Amends the Internal Revenue Code to allow a taxpayer to elect to include in income crop insurance proceeds and disaster payments in the year of the disaster or in the following year. Modifies the requirement for the accrual method of accounting for family corporations engaged in farming by reducing the amount of gross receipts that may be excepted after December 31, 1993.
Resolution· HRESH.Res. 553 (103rd)passed
United States · United States Congress · 27 September 1994
Waives points of order against the consideration of the conference report on H.R. 4556 (making appropriations for the Department of Transportation and related agencies for FY 1995).
Bill· HRH.R. 5106 (103rd)referred
United States · United States Congress · 26 September 1994
Amends the Internal Revenue Code to exclude from the gross income of an employee amounts contributed by an employer to a medical incentives account.
Resolution· HRESH.Res. 547 (103rd)passed
United States · United States Congress · 26 September 1994
Waives points of order against the consideration of the conference report on H.R. 4602 (Department of the Interior and related agencies funding).
Bill· SS. 2458 (103rd)open
United States · United States Congress · 23 September 1994
TABLE OF CONTENTS: Title I: Reform of Baseline Budget Title II: Changes in Discretionary Spending Limits Title III: Expedited Rescissions and Targeted Tax Benefits Title IV: Treatment of Emergency Spending Common Cents Budget Reform Act of 1994 - Title I: Elimination of Baseline Budgeting - Baseline Budgeting Reform Act of 1994 - Amends the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings) with respect to the baseline to remove requirements for inflation adjustments, except for purposes of adjusting discretionary spending limits. Removes the requirement that adjustments made for expiring housing contracts be sequential and cumulative. Requires the President's budget to include: (1) estimated expenditures and appropriations for the current year; (2) new budget authority in budget outlay comparisons; and (3) a certain comparison of levels of estimated expenditures and proposed appropriations that includes the proposed increase or decrease in spending in percentage terms. Amends the Congressional Budget Act of 1974 to make conforming changes to the development of the concurrent resolution on the budget. Amends the Congressional Budget Act of 1974 to require the Congressional Budget Office to include in reports to budget committees certain current year comparisons and a table on sources of spending growth under current law in total mandatory spending for the budget year and the ensuing four fiscal years. Requires the Director of the Congressional Budget Office to report annually to the Congress on all programs and activities with permanent or indefinite spending authority or those programs for which budget authority is not provided for in advance by appropriation Acts. Title II: Changes in Discretionary Spending Limits - Guaranteed Spending Cut Act of 1994 - Reduces discretionary spending limits for new budget authority for any fiscal year by the amount in the Deficit Reduction Account. Requires each appropriation or rescission bill to contain a Deficit Reduction Account containing amounts resulting from reduced spending. Title III: Expedited Rescissions and Targeted Tax Benefits - Modified Line Item Veto/Expedited Rescission Act of 1994 - Amends the Congressional Budget and Impoundment Control Act of 1974 to provide for the expedited consideration of proposed rescissions of budget authority or repeals of targeted tax benefits. Title IV: Treatment of Emergency Spending - Emergency Appropriations Integrity Act of 1994 - Limits emergency appropriations and legislation to the matter of emergency. Allows such a statute to contain rescissions of budget authority or provisions that reduce spending. Makes it out of order in the House of Representatives or the Senate to consider any bill or joint resolution containing an emergency designation, if the legislation provides an appropriation for any other item or matter.
Bill· HRH.R. 5087 (103rd)referred
United States · United States Congress · 23 September 1994
Prohibits any funding or staffing reduction for FY 1995 for the Office of National Drug Control Policy.
Bill· HRH.R. 5091 (103rd)referred
United States · United States Congress · 23 September 1994
Economic Growth and Jobs Act of 1994 - Grants the President authority to declare temporary tax reductions based on economic growth and the rate of national unemployment. Provides for a temporary surtax when the economic growth requirements are subsequently satisfied.
Bill· HRH.R. 5089 (103rd)referred
United States · United States Congress · 23 September 1994
Individual Training Account Act of 1994 - Amends the Internal Revenue Code to allow an individual a deduction for amounts paid yearly into an individual training account for the benefit of such individual. Describes such account as one to pay the expenses of job training and job-related relocation.
Resolution· HRESH.Res. 542 (103rd)passed
United States · United States Congress · 23 September 1994
Sets forth the rule for the consideration of H.R. 4008 (authorizing appropriations for the National Oceanic and Atmospheric Administration for FY 1994 and 1995).
Bill· SS. 2450 (103rd)referred
United States · United States Congress · 22 September 1994
Tax Compliance Enforcement Act of 1994 - Amends the Internal Revenue Code to prohibit a delinquent taxpayer from receiving Federal benefits or from being hired as an officer or employee of the Government of the United States, including the legislative and judicial branches. Increases certain tax-related criminal fines.
Bill· SS. 2452 (103rd)open
United States · United States Congress · 22 September 1994
TABLE OF CONTENTS: Title I: Health Insurance Reform Title II: State Innovation Subtitle A: State Waiver Authority Subtitle B: Existing State Laws Title III: Public Health and Rural and Underserved Access Improvement Title IV: Medical Research Title V: Revenue Provisions Subtitle A: Financing Provisions Subtitle B: Health Care Reform Trust Fund Health Innovation Partnership Act of 1994 - Title I: Health Insurance Reform - Directs the Secretary of Health and Human Services to request the National Association of Insurance Commissioners (NAIC) to develop standards for health insurance plans with respect to: (1) the renewability and portability of coverage; (2) guaranteed issue with respect to all health insurance coverage products; (3) the establishment of an adjusted community rating system with adjustment factors limited to age; (4) solvency; (5) stop-loss standards for self-funded health insurance plans and multi-employer welfare arrangements and association plans; (6) the identification of minimum employer size for self-funding and the interrelationship between self-funding and the community-rated pool of enrollees; and (7) other appropriate areas. (Sec. 1001) Requires the Secretary to develop such standards if the NAIC fails to do so. (Sec. 1002) Revises provisions regarding Medicare supplemental policies. Title II: State Innovation - Subtitle A: State Waiver Authority - Includes within the objectives of the waiver programs approved under this title: (1) achieving the goals of increased health coverage and access; (2) containing the annual rate of growth in health care expenditures; (3) ensuring that patients receive high-quality, appropriate health care; and (4) testing alternative reforms. (Sec. 2001) Authorizes States to apply to the Secretary for alternative State health program waivers or limited State health care waivers. Directs the Secretary to establish a State Health Reform Advisory Board to monitor the status and progress achieved under waivers and to promote information exchange between States and the Federal Government. Requires the Board to make recommendations to the Secretary with respect to minimizing the negative effect of State waivers on national employer groups, provider organizations, and insurers because of differing State requirements under waivers. Permits the Secretary to revoke any waiver of Federal law granted under this subtitle and to terminate any alternative State health program for good cause. Authorizes grants to States for carrying out alternative State health programs. Grants priority to programs that have the greatest opportunity to succeed in providing expanded coverage and in providing children and youth with access to health care. Earmarks funds for such grants from the Health Care Reform Trust Fund. Subtitle B: Existing State Laws - Continues certain existing waivers to Federal law for States and grants specified waivers from requirements of the Employee Retirement Income Security Act of 1974 with respect to health care laws of Hawaii, Oregon, Minnesota, Washington, and Connecticut. Title III: Public Health and Rural and Underserved Access Improvement - Public Health and Rural and Underserved Access Improvement Act of 1994 - Amends the Public Health Service Act to authorize appropriations for grants to States for core functions of public health programs. Includes within such core functions: (1) data collection and analytical activities related to population-based status and outcomes monitoring; (2) activities to reduce environmental risk and to assure the safety of housing, schools, workplaces, day-care centers, and food and water; (3) investigation, control, and public-awareness activities regarding adverse health conditions; (4) public information and education programs to reduce health risks; (5) public health laboratory services that screen for diseases and conditions; (6) training and education in the field of public health; and (7) leadership, policy development, and administration activities. (Sec. 3002) Authorizes appropriations for grants to States for evaluating the extent to which clinical preventive services, health promotion and unintentional injury prevention activities, and interpersonal and community violence prevention activities achieve health care cost reductions and health status improvement. Directs the Secretary to issue practice guidelines that are based on the results of such evaluations. Authorizes appropriations for: (1) scholarships and loan repayment programs for individuals attending schools of public health; (2) grants to expand the capacity of certain educational institutions with public health programs; (3) grants to expand public health training programs in States lacking adequate programs; (4) area health education centers and health education training centers; (5) activities regarding centers for the prevention and treatment of poisoning and control of poisons; (6) certain school-related health services; (7) grants to migrant and community health centers; (8) the National Health Service Corps; (9) satellite clinics to provide primary health care; and (10) community health advisor programs. Title IV: Medical Research - Establishes a National Fund for Health Research in the Treasury. (Sec. 4002) Amends the Internal Revenue Code to designate overpayments of tax or cash contributions to be paid over to the National Fund for Health Research. Title V: Revenue Provisions - Subtitle A: Financing Provisions - Increases the excise tax on the following tobacco and tobacco-related products: (1) cigarettes; (2) cigars; (3) cigarette papers and tubes; and (4) smokeless and pipe tobacco. (Sec. 5001) Imposes a tax on tobacco products and cigarette papers and tubes manufactured or imported into Puerto Rico. Provides a floor stocks tax on tobacco products and cigarette papers and tubes manufactured in or imported into the United States or Puerto Rico which are removed before any tax-increase date and held on such date for sale. Bars a tax on cigarettes held for retail sale on any tax-increase date by any vending machine. Provides a tax credit against floor stocks taxes. Establishes conditions under which articles in foreign trade zones shall be subject to such taxes. (Sec. 5003) Imposes a tax on roll-your-own tobacco manufactured in or imported into the United States. Subtitle B: Health Care Reform Trust Fund - Establishes the Health Care Reform Trust Fund in the Treasury and provides for the deposit into such Fund of amounts received from taxes on tobacco products.
Bill· HRH.R. 5079 (103rd)referred
United States · United States Congress · 22 September 1994
Amends the Anti-Drug Abuse Act of 1988 to authorize appropriations for FY 1995 through 1997 for drug education and prevention programs relating to youth gangs and for programs for runaway and homeless youth.
Bill· SS. 2445 (103rd)referred
United States · United States Congress · 21 September 1994
Amends the Internal Revenue Code to provide a special rule for persons with a deceased parent for purposes of the generation-skipping transfer tax.
Bill· HRH.R. 5070 (103rd)referred
United States · United States Congress · 21 September 1994
Persons With Disabilities Trusts Tax Rate Restoration Act - Amends the Internal Revenue Code to repeal the 1993 rate increase on trusts for individuals who are disabled.
Bill· HRH.R. 5068 (103rd)referred
United States · United States Congress · 21 September 1994
Amends the Internal Revenue Code to allow an income tax credit for the cost of purchasing a child restraint system for use in a motor vehicle.
Resolution· HRESH.Res. 537 (103rd)passed
United States · United States Congress · 21 September 1994
Waives points of order against the consideration of the conference report on H.R. 4539 (making appropriations for the Department of the Treasury, the U.S. Postal Service, the Executive Office of the President, and certain Independent Agencies for FY 1995).
Law· HRH.R. 5060 (103rd)open
United States · United States Congress · 20 September 1994
Declares that during FY 1995 certain registration fees collected under the Securities Act of 1933 shall remain 1/29 of one percent. Mandates that to the extent such collection exceeds a rate in excess of 1/50 of one percent, such fees shall be deposited as an offsetting collection to the amounts appropriated to the Securities and Exchange Commission for FY 1995.
Bill· HRH.R. 5062 (103rd)open
United States · United States Congress · 20 September 1994
Amends the Internal Revenue Code to make permanent the limited deduction for the health insurance costs of self-employed individuals.
Bill· HRH.R. 5064 (103rd)open
United States · United States Congress · 20 September 1994
Insurance Tax Fairness Act of 1994 - Amends the Internal Revenue Code to revise the method for determining the limitation on the deduction of policyholder dividends by mutual life insurance companies. Exempts small life insurance companies from the required capitalization of certain policy acquisition expenses. Expresses the sense of the Congress that revenues resulting from this Act be dedicated to the funding of: (1) programs benefiting the nutrition, early education, housing, and family support of the Nation's children; and (2) additional health benefits.
Resolution· HRESH.Res. 535 (103rd)passed
United States · United States Congress · 20 September 1994
Sets forth the rule for the consideration of H.R. 4422 (authorizing appropriations for the Coast Guard for FY 1995).
Bill· HRH.R. 5046 (103rd)open
United States · United States Congress · 16 September 1994
TABLE OF CONTENTS: Title I: NOAA Ocean and Coastal Programs Title II: NOAA Marine Fishery Programs Title III: Administration and Other Accounts Title IV: Miscellaneous NOAA Programs Title V: Great Lakes Improvements Title VI: National Undersea Research Program National Oceanic and Atmospheric Administration Authorization Act of 1994 - Title I: NOAA Ocean and Coastal Programs - Authorizes appropriations to the Secretary of Commerce for FY 1995 and 1996 for use by the National Oceanic and Atmospheric Administration (NOAA) for the following programs and activities: (1) mapping and charting; (2) geodesy; (3) weather observation and prediction; (4) estuarine and coastal assessment; (5) deep ocean mineral and ocean energy activities; (6) marine prediction research, including research activities at the Great Lakes and the Southeast Florida and Caribbean Areas; and (7) climate and global change research activities. Title II: NOAA Marine Fishery Programs - Amends the National Oceanic and Atmospheric Administration Marine Fisheries Program Authorization Act to authorize appropriations for FY 1995 and 1996 for fisheries information collection and analysis. (Sec. 203) Authorizes appropriations for FY 1995 and 1996 for the establishment and maintenance of a scallop restoration program for Long Island Sound. (Sec. 204) Amends the Saltonstall-Kennedy Act to direct the Secretary to make grants to assist persons in carrying out research and development projects to promote the sustainable use and development of U.S. fisheries. Title III: Administration and Other Accounts - Authorizes appropriations for: (1) executive direction and administrative activities; (2) operation and maintenance of the Systems Acquisition Office; (3) central administrative support activities; (4) retired pay; and (5) marine services activities. Title IV: Miscellaneous NOAA Programs - Directs that one-sixth of the fees collected each fiscal year from the authorized sale and licensing of nautical products by NOAA be: (1) deposited into the Operations, Research, and Facilities account of NOAA; and (2) available for the acquisition and installation of Physical Ocean Real-time (PORT) Systems, the acquisition and maintenance of upgraded hydrographic survey equipment, and other National Ocean Service activities related to the modernization and improvement of maritime safety. Sets forth provisions regarding the budgetary treatment of receipts from nautical products. Directs the Secretary to deploy in Galveston Bay and the Houston Ship Channel a PORT System consisting of current, wind, tide, salinity, and water level measuring devices and necessary computer links. (Sec. 402) Expresses the sense of the Congress that NOAA should expand its efforts to develop interagency agreements to further the use of defense-related technologies, data, and other resources to support its oceanic missions. Directs the Secretary to report to the House Committee on Merchant Marine and Fisheries and the Senate Committee on Commerce, Science, and Transportation (the committees) on the feasibility of expanding the use of such technologies, data, and resources to support and enhance such missions. (Sec. 403) Requires the Secretary to report to the committees on the status of NOAA programs related to marine navigation safety. (Sec. 404) Sets forth site selection factors regarding a replacement for the National Marine Fisheries Service Lab at Tiburon, California. Authorizes appropriations for FY 1995 for architecture and engineering studies regarding such replacement. (Sec. 405) Directs the Secretary to: (1) report to the committees on Department of Commerce needs for facilities for the National Marine Sanctuary Program; (2) establish a PORT System for San Francisco Bay after conducting a hydrodynamics study of the Bay (and authorizes appropriations); and (3) convey to Massachusetts the National Marine Fisheries Service Laboratory at Gloucester, Massachusetts, under certain terms and conditions, including continued use of such property by the National Marine Fisheries Service. (Sec. 408) Provides reimbursement from the United States to NOAA after settlement of a collision damage claim involving the NOAA research vessel DISCOVERER, for use in vessel repair. (Sec. 409) Authorizes the Secretary to enter into specified contracts for FY 1995 and 1996 to implement the NOAA fleet modernization plan. Limits expenditures for repairs and maintenance under the NOAA Fleet Modernization Act. (Sec. 410) Directs the Secretary to: (1) contract with the Marine Board of the National Research Council to examine and report on the appropriate role of the NOAA Corps in supporting NOAA missions (and authorizes appropriations); (2) report to the committees on the effects of climate and global change on the Nation's major freshwater systems; (3) promote and coordinate the use of National Estuarine Research Reserves for research, monitoring, and education purposes; and (4) study and report to the committees on the effects of feeding noncaptive dolphins in the Gulf of Mexico and Southern Atlantic Ocean. (Sec. 414) Amends the boundaries of the Flower Garden Banks National Marine Sanctuary to include the Stetson Bank. (Sec. 415) Revises an Act authorizing appropriations to carry out the Marine Mammal Protection Act of 1972 to: (1) provide for the administration of the National Coastal Resources Research and Development Institute by the Oregon State System of Higher Education; (2) direct the Institute to promote U.S. economic growth and prosperity by transferring research and technology into applications to improve the economic, environmental, and social well-being of the Nation's coastal communities and the competitiveness of coastal businesses; and (3) make changes with respect to membership of the Board of Governors and the Advisory Council and provide for reports annually to the Congress and biennially to the Secretary. (Sec. 416) Expresses the sense of the Congress that NOAA should develop and promote programs that recruit minorities and women for education in the sciences and take actions to increase the direct involvement of underrepresented minorities in coastal and ocean resource stewardship programs. (Sec. 417) Repeals a provision of the National Oceanic and Atmospheric Administration Act of 1992 requiring the establishment of a NOAA Chesapeake Bay Estuarine Resources Office if the Secretary fails to obligate specified funds appropriated for oyster disease research by December 1, 1994. (Sec. 418) Authorizes the Secretary to expend specified sums to acquire, construct, install, and maintain equipment with respect to weather reporting stations in Prince William Sound, Alaska. (Sec. 419) Directs the Secretary to purchase from the private sector remotely sensed science data. (Sec. 420) Expresses the sense of the Congress that equipment and products purchased with funds made available in this Act should be American-made. Title V: Great Lakes Improvements - National Oceanic and Atmospheric Administration Great Lakes Improvements Act - Authorizes the Under Secretary of Commerce for Oceans and Atmosphere to establish and maintain within NOAA a Great Lakes Office in the Washington, D.C. area. (Sec. 503) Directs the Under Secretary to prepare and submit to the Congress an annual Great Lakes Report. (Sec. 505) Authorizes appropriations. Title VI: National Undersea Research Program - National Undersea Research Program Act of 1994 - Directs the Under Secretary to establish and maintain in NOAA a National Undersea Research Program, conducted by a National Undersea Research Centers. Establishes in NOAA the Office of Undersea Research. Sets forth provisions regarding duties of the program director and priority research areas. (Sec. 604) Directs the Under Secretary to establish an independent National Undersea Research Advisory Committee. (Sec. 605) Assigns specified regions to certain existing centers. Provides for the establishment of new centers. Allows the Under Secretary to solicit proposals for the establishment of a new Center. Provides for reviews of proposals and of the operation of each Center and the configuration of undersea regions. Directs the Under Secretary to establish a Center to conduct the Program for the Gulf of Mexico undersea region. (Sec. 606) Requires each Center Director to annually solicit individual proposals from the scientific community for research to advance the priority research areas of the Program. Sets forth provisions regarding the proposal review process, the proposed Center Program, and review of proposed Center Programs. (Sec. 607) Directs the Under Secretary to develop procedures for the submittal and joint review of proposals for research in priority research areas and to issue final rules. (Sec. 608) Authorizes the Under Secretary to make grants and enter into contracts and cooperative agreements to fund any Center program if the Under Secretary finds that the program will advance knowledge in the priority research areas. (Sec. 609) Specifies that grants and contracts under the Program shall not be subject to review by the Financial Assistance Review Board. (Sec. 610) Authorizes appropriations.
Bill· SS. 2432 (103rd)referred
United States · United States Congress · 13 September 1994
TABLE OF CONTENTS: Title I: NOAA Atmospheric and Satellite Programs Title II: NOAA Ocean and Coastal Programs Title III: NOAA Marine Fishery Programs Title IV: Miscellaneous Provisions National Oceanic and Atmospheric Administration Authorization Act of 1994 - Title I: NOAA Atmospheric and Satellite Programs - Authorizes appropriations for FY 1995 to the Secretary of Commerce to enable the National Oceanic and Atmospheric Administration (NOAA) to improve its public warning and forecast systems and to carry out: (1) the operations and research activities of the National Weather Service; (2) its climate and air quality research activities, including the study of climate and global change; (3) its atmospheric research activities; (4) its satellite observing systems activities; and (5) its data and information services activities. Title II: NOAA Ocean and Coastal Programs - Authorizes appropriations for FY 1995 to the Secretary to enable NOAA to carry out: (1) mapping, charting, and geodesy activities, including geodetic data collection and analysis; (2) observation and assessment activities; (3) a Coastal Ocean Program; (4) ocean and Great Lakes research activities; and (5) its undersea research activities. Title III: NOAA Marine Fishery Programs - Amends the National Oceanic and Atmospheric Administration Marine Fisheries Program Authorization Act to authorize appropriations for FY 1995 to enable the National Marine Fisheries Service to carry out its duties relating to fisheries information collection and analysis, and fisheries conservation and management operations. Title IV: Miscellaneous Provisions - Authorizes appropriations for FY 1995 to the Secretary: (1) to enable NOAA to carry out executive direction and administrative activities and marine and aircraft services activities; and (2) for acquisition, construction, maintenance, and operation of NOAA facilities. (Sec. 402) Requires the Secretary to convey to the Commonwealth of Massachusetts all U.S. interests in the National Marine Fisheries Service laboratory in Gloucester, Massachusetts. (Sec. 403) Directs that all amounts received by the United States in settlement of, or judgment for, damage claims arising from the collision of the vessel Zachery into the NOAA research vessel Discoverer be retained as an offsetting collection in NOAA's Fleet Modernization, Shipbuilding, and Conversion account, be deposited in that account upon receipt by the Government, and be available only for obligation for NOAA vessel repairs. (Sec. 404) Requires the Secretary to contract with the National Research Council to examine and report to the Secretary and the Congress on NOAA Corps responsibilities and activities in supporting the missions of NOAA. (Sec. 405) Authorizes the Secretary to expend $340,000 to acquire, construct, and install weather reporting stations in Prince William Sound, Alaska, and $160,000 in each of FY 1995 and 1996 to maintain specified equipment. (Sec. 406) Exempts activities of the contractor on behalf of NOAA pursuant to the modernization of the National Weather Service from taxation. (Sec. 407) Amends the Fur Seal Act of 1966 to: (1) direct the Secretary to carry out his duties under the Act through contracts, compacts, or memoranda of agreement with the entities on the Pribilof Islands entitled to receive conveyance of lands by the Act; and (2) authorize the Secretary to clean up the dumps, debris, storage tanks, property, hazardous conditions, and contaminants which the Federal Government abandoned or conveyed to entities of the Islands.
Law· HRH.R. 5034 (103rd)enacted
United States · United States Congress · 13 September 1994
Makes technical corrections to the Foreign Relations Authorization Act, Fiscal Years 1994 and 1995. Amends the Foreign Service Act of 1980 to exclude certain U.S. citizens hired at posts abroad who are not family members of U.S. Government employees from coverage under Foreign Service grievance provisions. Prohibits the sale or lease of defense articles or services by the U.S. Government to any country or international organization that is known to have sent letters to U.S. firms requesting compliance with, or soliciting information regarding compliance with, the secondary or tertiary (currently, primary or secondary) Arab League boycott unless the President certifies to the appropriate congressional committees that the country or organization does not currently maintain such a policy or practice. Amends the Immigration and Nationality Act to extend the pilot visa waiver program through FY 1995. Authorizes the Secretary of State to expend a specified amount from the Department of State's Diplomatic and Consular Programs appropriation for the purchase of real property for use by the Department of State for its Miami Regional Center. Establishes principles for Voice of America broadcasts. Amend the United States Information and Educational Exchange Act of 1948 to extend a provision which authorizes the U.S. Information Agency (USIA) to transfer funds between accounts during the second fiscal year of an appropriation cycle. Requires that significant consideration be given to foreign language competence in the evaluation, assignment, and promotion of Foreign Service officers of the Department of State, Agency for International Development, and USIA. Authorizes the USIA Director to administer au pair programs through FY 1995. Permits funds derived from the sale of real property assets of Radio Free Europe/Radio Liberty in Munich, Germany, to be expended to meet one-time costs associated with the consolidation of U.S. Government broadcasting activities.
Bill· HRH.R. 5036 (103rd)referred
United States · United States Congress · 13 September 1994
Earned Income Credit Easy Filing Act of 1994 - Directs the Secretary of the Treasury to: (1) establish a program to recruit and train outreach counselors to explain the earned income credit to low-income wage-earners and assist them in the preparation of their income tax returns; (2) promote the availability to low-income wage-earners of the Internal Revenue Service clinics providing tax return preparation assistance without charge; and (3) expand electronic filing programs to increase the number of nonprofit organizations which may file returns electronically on behalf of low-income wage earners.
Bill· HRH.R. 5032 (103rd)referred
United States · United States Congress · 13 September 1994
Family Business Preservation Act - Amends the Internal Revenue Code to reduce the rate of estate tax on certain family-owned businesses. Provides for a recapture of tax benefits if the business is not held for at least ten years by the heirs or the heirs do not materially participate during such ten years. Provides that the limitation on the four percent rate of interest on estate tax extended for estates consisting largely of a closely held business is not applicable to estate tax attributable to qualified family-owned business interests. Extends the alternate valuation date from six months to 40 months for estates consisting largely of qualified family-owned business interests. Increases the tax exclusion for gifts to ancestors or descendants. Increases the unified estate and gift tax credits.
Bill· HRH.R. 5023 (103rd)referred
United States · United States Congress · 12 September 1994
Citizens' Tax Relief Act of 1994 - Amends the Internal Revenue Code to reduce the lowest rate of income tax imposed on taxpayers other than corporations. Repeals the rule relating to determining the basis of property acquired from a decedent. Provides for determining such basis under rules applicable to gifts and transfers in trusts. Revises and reduces the current maximum capital gains tax on inherited property. Allows an exclusion of gain from gross income from the sale of a principal residence acquired from a decedent.
Bill· SS. 2418 (103rd)referred
United States · United States Congress · 24 August 1994
TABLE OF CONTENTS: Title I: Floodplain Management Title II: Environmental Protection and Recreation Floodplain Management, Environmental Restoration, and Recreation Act of 1994 - Title I: Floodplain Management - Amends the Water Resources Planning Act to include the Secretary of Energy and the Director of the Federal Emergency Management Agency as members of the Water Resources Council. Requires the Chairman of the Council to be designated by the Chairman of the Council on Environmental Quality. Adds as Council duties to: (1) serve as the primary center for assistance concerning the coordination and resolution of interstate and interagency water resources management issues; (2) seek to align Federal floodplain management with other broad national goals; (3) serve as an innovative planning and technology clearinghouse for floodplain management; (4) report to the Congress evaluating efforts by the Secretary of the Army (Secretary) to change the policies and practices of the Army Corps of Engineers concerning the use of structural solutions to water resources management problems; and (5) oversee the activities of the Upper Mississippi, Lower Mississippi, and Missouri River Flood Management Coordinating Committees. Authorizes appropriations. (Sec. 102) Amends the Water Resources Development Act of 1986 (the Act) to direct the Secretary of the Interior to submit to the Congress a report that assesses the environmental sustainability of the Upper Mississippi River system. Directs the Secretary to establish the Upper Mississippi River Flood Management Coordinating Council to review and recommend approval or disapproval of a river basin management plan. (Sec. 103) Directs the Secretary, with respect to the Lower Mississippi River system, to carry out a: (1) program for the planning, construction, and evaluation of measures for fish and wildlife habitat restoration and enhancement; and (2) long-term resource monitoring program. Directs the Secretary to establish the Lower Mississippi River Flood Management Coordinating Committee to review and recommend for approval or disapproval projects developed under the programs and the river basin development plan. Authorizes appropriations for the flood management and resource monitoring programs. (Sec. 104) Directs the Secretary, with respect to the Missouri River system, to carry out a program for: (1) planning, construction, and evaluation of fish and wildlife habitat restoration and enhancement measures; (2) long-term resource monitoring; and (3) planning and construction of recreation projects. Directs the Secretary to establish the Missouri River Flood Management Coordinating Committee to review and recommend for approval or disapproval the projects developed under the above programs and the river basin management plan. Authorizes appropriations for each of the programs. (Sec. 105) Directs the Secretary, in carrying out a study required under the Energy and Water Development Appropriations Act, 1994, to: (1) survey the levees of the Upper Mississippi River Basin to make certain determinations with respect to their physical condition, economic benefit, environmental impact, and cost to bring such levees into compliance with certain Corps standards; (2) study the hydrology of such river basin to determine the systemic effects of structural flood control measures in existence; (3) study proper design of local drainage systems; and (4) study the entire Mississippi and Missouri River basins to determine the most frequently flooded areas with the greatest loss of human life and property. Authorizes appropriations. (Sec. 106) Directs the Secretary to: (1) develop a comprehensive river basin management plan that addresses the long-term ecological, economic, and flood control needs of the basin of the Upper Mississippi River system; and (2) prepare such river basin management plans for the Lower Mississippi and Missouri River systems. Provides for public participation. Authorizes appropriations. (Sec. 107) Amends the Act to provide that, in considering the flood control benefits determined for a water resources project, such determinations shall not include the benefits derived from any use of the 100-year floodplain that involves, after commencement of the reconnaissance study for such project: (1) the construction of a new structure; (2) a substantial improvement to a structure; or (3) any other change that significantly increases the commercial or resale value of the property in the floodplain subject to damage from flooding. (Sec. 108) Authorizes the Secretary to use emergency funds provided under current law to replace with a nonstructural measure any flood control measure damaged or destroyed by flood and to develop a mitigation plan which provides nonstructural measures to reduce damage in the event of future flooding. Provides minimum funding levels for such nonstructural measures, with a waiver in certain circumstances. (Sec. 109) Authorizes the Secretary to coordinate and carry out repair and rehabilitation of a levee damaged by a flood or other natural disaster, if the State or local interest with respect to the levee: (1) participates in the national flood insurance program; and (2) carries out routine operation and maintenance and levee upkeep as well as certain other actions with respect to levee environmental enhancements and engineering standards. Makes certain levees ineligible. Requires the preparation by the Corps of a manual describing required upkeep, operation, and maintenance for levees participating in the assistance program. Authorizes appropriations. Provides local cost-share credits for in-kind contributions. (Sec. 110) Directs the Secretary, in order to improve the riparian habitat of and reduce flood losses along the Missouri River, to pay the Federal share of purchasing land along the River Between Sioux City, Iowa, and St. Louis, Missouri from willing sellers. Limits to 80 percent the Federal share of such purchases. Authorizes appropriations. (Sec. 111) Directs the Secretary in each fiscal year to purchase land or easements and relocate willing sellers in floodprone areas or areas protected by flood control structures that repeatedly fail. Authorizes appropriations. (Sec. 112) Directs the Secretary to collaborate with Federal, State, and local agencies during the planning, design, and construction of all flood control projects in order to adopt a watershed-wide approach to the reduction of flood losses. Title II: Environmental Protection and Recreation - Amends the Act to limit to 80 percent the non-Federal share of a water resources project which may be in-kind. Directs the Secretary to annually review at least five flood control projects and five navigation or other projects to determine the need for environmental restoration. Requires a report to the Congress. (Sec. 203) Authorizes the Secretary to pay the Federal share of the cost of carrying out projects the primary purpose of which is to restore all or a portion of an aquatic ecosystem. Provides, with respect to such projects, for: (1) a Federal cost share of 75 percent (or 100 percent for a project deemed to be of critical national interest); (2) carrying out reconnaissance studies for projects of critical national interest, with an authorization of appropriations for such purpose; (3) a requirement of a favorable recommendation for such project from the Corps Chief and the Secretary of the Interior; (4) the receipt of funds from other agencies for such purpose; (5) appropriate environmental impact studies and mitigation measures; and (6) technical guidance by the Corps Chief. (Sec. 204) Directs the Secretary to make certain revisions to the Economic and Environmental Principles and Guidelines for Water and Related Resources Implementation Studies which establish economic and environmental benefits as equal objectives of water resources planning. Directs the Secretary to establish a Principles and Guidelines Advisory Council. (Sec. 205) Directs the Secretary in each fiscal year to provide for the construction of small recreation and environmental restoration projects. Provides for: (1) a $5 million limit for each project; and (2) an annual allotment of $40 million to carry out such projects. (Sec. 206) Increases from 50 to 75 percent the non-Federal share of recreation projects under the Act. (Sec. 207) Amends the Water Resources Development Act of 1992 to provide local non-Federal interests with cost-share credits for in-kind contributions for environmental and recreation projects. Provides for the determination of the value of such contributions. Requires a minimum cash contribution of at least five percent of the total non-Federal share. (Sec. 208) Provides that if a recreational facility at a water resources project carried out or assisted by the Secretary becomes unusable or unsafe for more than 90 consecutive days due to a release of water or reservoir drawdown for any purpose, the Secretary may, at full Federal cost, restore the facility or build a new comparable facility at the lower reservoir level.
Bill· SS. 2415 (103rd)referred
United States · United States Congress · 23 August 1994
Amends the Internal Revenue Code to allow a limited deduction of partnership investment expenses for purposes of computing the alternative minimum tax.
Bill· HRH.R. 5020 (103rd)referred
United States · United States Congress · 23 August 1994
Amends the Internal Revenue Code to exempt from the additional tax on early distribution from retirement plans distributions to individuals during periods of unemployment.
Bill· HRH.R. 5021 (103rd)referred
United States · United States Congress · 23 August 1994
Amends the Internal Revenue Code to make certain individuals eligible for the one-time exclusion of gain from the sale of a principal residence during a period of unemployment. Reduces the amount of the maximum exclusion for such individuals.
Bill· HRH.R. 5008 (103rd)referred
United States · United States Congress · 21 August 1994
TABLE OF CONTENTS: Title I: Grants for Correctional Facilities Title II: State and Local Law Enforcement Grants Title III: Protection Against Sexually Violent Predators Title IV: Eliminating Excessive and Redundant Appeals Title V: Reform of 'Exclusionary Rule' Title VI: Truth-In-Sentencing Title VII: Prison Work Required; Luxuries Abolished Title VIII: Improving Border Controls Title IX: Enhanced Gun Penalties Title X: Violent Crime Reduction Trust Fund Title XI: Mandatory Life Imprisonment for Persons Convicted of Certain Felonies Back-To-Basics Crime Control Act of 1994 - Title I: 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 1995 and in FY 1996 through 1999 based on violent crimes reported by the States to the Federal Bureau of Investigation (FBI). (Sec. 102) Specifies that 25 percent of total funds appropriated under this title shall be allocated to each eligible State according to a formula which takes into account the percentage change in the time to be served by persons convicted of violent crimes. Directs that States which have achieved a truth in sentencing standard of violent criminals serving 85 percent of prison time assessed receive the incentive funds, subject to specified requirements. Title II: 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 III: 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 IV: 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. 406) 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 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 lime 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 V: 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. Title VI: 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 VII: 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. 702) Amends the Higher Education Act of 1965 to prohibit awards of Pell grants to prisoners in Federal or State penal institutions. Title VIII: 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 July 1, 1994. (Sec. 802) 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 definitions of "aggravated felony." (Sec. 805) 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. 807) Restricts defenses to deportation for certain criminal aliens. Enhances penalties for failing to depart or reentering after a final order of deportation. (Sec. 810) Authorizes appropriations for a criminal alien information system. Title IX: 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. 902) 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. 903) Increases the general penalty for violation of Federal firearms laws. Title X: 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 XI: 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. 1102) Prohibits the court from reducing the sentence of a defendant unless specified conditions are met, including that 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· HRH.R. 5012 (103rd)referred
United States · United States Congress · 21 August 1994
Displaced Defense Worker Act of 1994 - Requires the Secretary of Defense to deposit in the Displaced Defense Worker Trust Fund established under this Act the Secretary's portion of any cost savings achieved and returned by a Department of Defense contractor is such savings are a result of the consideration of operations in a manner that causes the elimination of jobs in the community in which the contract is being carried out. Directs the Secretary of Labor to use amounts appropriated from the Fund for: (1) job retraining assistance under the Job Training Partnership Act; and (2) job creation activities under the Public Works and Economic Development Act of 1965. Appropriates to the Fund all cost savings realized by the Secretary under this Act. Provides for Fund management. Requires an annual report from the Secretary of the Treasury to the Congress on the financial condition and operations of the Fund during the preceding fiscal year and as expected for the next five fiscal years.
Bill· HRH.R. 5014 (103rd)referred
United States · United States Congress · 21 August 1994
Amends the Internal Revenue Code to provide a one-time exclusion of gain from the sale of farmland to a beginning farmer.
Bill· HRH.R. 5006 (103rd)open
United States · United States Congress · 20 August 1994
TABLE OF CONTENTS: Title I: Retirement Savings Incentives Subtitle A: Restoration of IRA Deduction Subtitle B: Nondeductible Tax-Free IRAs Title II: Penalty-Free Distributions Title III: Aid to Families with Dependent Children Savings and Investment Incentive Act of 1994 - Title I: Retirement Savings Incentives - Subtitle A: Restoration of IRA Deduction - Amends the Internal Revenue Code to remove the limitation on the deductibility of contributions to individual retirement plans (IRAs) by active participants in employer-maintained plans, thereby restoring the IRA deduction. Provides an inflation adjustment after 1995. Allows certain spouses a full deduction for contributions to an IRA. Subtitle B: Nondeductible Tax-Free IRAs - Allows individuals to establish individual retirement plus (IRA Plus) accounts with tax treatment similar to that for individual retirement plans. Makes contributions to such accounts nondeductible. Title II: Penalty-Free Distributions - Allows distributions from certain retirement plans without penalty to purchase first homes, pay higher education expenses and financially devastating medical expenses, and assist certain unemployed individuals. Title III: Aid to Families with Dependent Children - Amends part A (Aid to Families with Dependent Children) (AFDC) of title IV of the Social Security Act to exclude from AFDC eligibility determinations certain income and resources that are to be used for education, training, and employability purposes. Requires the Secretary of Health and Human Services to report to the Congress on a revision of the AFDC limit on automobiles in order to increase the employability of AFDC recipients.
Bill· SS. 2412 (103rd)referred
United States · United States Congress · 19 August 1994
Tallgrass Prairie National Preserve Act of 1994 - Establishes the Tallgrass Prairie National Preserve to provide for the preservation, restoration, and interpretation of the Spring Hill Ranch area of the Flint Hills of Kansas. Considers the Preserve a designated unit of the National Park System, including for purposes of charging entrance and admission fees under specified provisions of the Land and Water Conservation Fund Act of 1965. Requires the Secretary of the Interior to prepare and submit to specified congressional committees a general management plan for the Preserve. Authorizes the acquisition of real property and improvements thereon, and rights-of-way on roads that are not owned by Kansas, within the boundaries of the Preserve. Sets forth provisions regarding payments to local governments in lieu of taxes for such real property. Prohibits: (1) such property from being acquired without the owner's consent; and (2) U.S. acquisition of fee ownership of any lands within the Preserve other than these lands. Establishes the Tallgrass Prairie National Preserve Advisory Committee to advise the Secretary and the Director of the National Park Service on the development, management, and interpretation of the Preserve. Authorizes appropriations.
Bill· SS. 2408 (103rd)referred
United States · United States Congress · 19 August 1994
Amends the Internal Revenue Code to provide for the nonrecognition of gain on property held for at least ten years which is involuntarily converted as the result of the exercise of eminent domain, without regard to whether the replacement property is similar or of like kind.
Bill· HRH.R. 4995 (103rd)open
United States · United States Congress · 19 August 1994
Ticket Fee Disclosure Act of 1994 - Prohibits any seller or reseller (including any ticket broker) of entertainment or sporting event tickets from failing to: (1) disclose to a purchaser of such a ticket, prior to purchase, any fee, charge, or assessment (other than a tax or other levy imposed pursuant to Federal, State, or local law) to be imposed in excess of the face amount of the ticket; and (2) have the amount of any such cost imprinted on the ticket or on a receipt evidencing any such ticket sale. Directs that such provision be enforced by the Federal Trade Commission under the Federal Trade Commission Act (FTCA). Treats any violation of such provision as a violation of a rule under the FTCA regarding unfair or deceptive acts or practices. Authorizes State attorneys general to bring civil actions on behalf of their residents whenever they believe that the interests of such residents have been or are being threatened or adversely affected because of an act or practice in violation of such provision.
Bill· HRH.R. 5004 (103rd)referred
United States · United States Congress · 19 August 1994
Amends the Internal Revenue Code and the Employee Retirement Income Security Act of 1974 to provide that a consent to waive a survivor annuity form of retirement benefit may be made before marriage.
Bill· HRH.R. 5002 (103rd)referred
United States · United States Congress · 19 August 1994
Amends the Internal Revenue Code to make disabled individuals eligible for the one-time exclusion of gain from the sale of a principal residence.
Bill· HRH.R. 5003 (103rd)referred
United States · United States Congress · 19 August 1994
Amends the Internal Revenue Code to allow a limited amount of overnight camp expenses to qualify for the credit for dependent care services and the exclusion for dependent care assistance programs.
Law· SS. 2407 (103rd)enacted
United States · United States Congress · 18 August 1994
Judicial Amendments Act of 1994 - Amends the Federal judicial code to make moneys in the Judiciary Automation Fund available to the Director of the Administrative Office of the United States Courts for: (1) the procurement of automatic data processing equipment (equipment) for program activities included in the courts of appeals, district courts, and other judicial services account of the judicial branch; and (2) support personnel in the courts and in the Administrative Office. Authorizes all agencies of the judiciary to make deposits into the Fund. Requires the Director to develop and annually revise a long range plan for meeting the equipment needs of the activities funded, including an annual estimate of certain fees that may be collected under the Judiciary Appropriations Act, 1991. Provides for the deposit into the Fund of such fees. Requires the Director's annual report to the Congress on the operation of the Fund to include: (1) the specific actions taken and progress made to improve the plan developed, the long range automation plan, and the strategic business plan; and (2) a comparison of planned and actual Fund expenditures and accomplishments and reasons for any delays in scheduled systems development or budget overruns. Authorizes the Director to transfer amounts up to $1 million from the Fund into the account to which the Funds were originally appropriated, with amounts in excess of that sum in any fiscal year permitted to be transferred only by following specified reprogramming procedures. Requires the Director to: (1) develop an overall strategic business plan which would identify the judiciary's missions, goals, and objectives, and a long range automation plan based on the strategic business plan and user needs assessments; (2) establish effective Administrative Office oversight of court automation efforts; (3) expedited efforts to complete the development and implementation of life cycle management standards; (4) utilize the standards in developing the next generation of case management and financial systems; and (5) assess the current utilization and future user requirements of the data communications network. Amends: (1) the Judicial Improvements and Access to Justice Act to authorize appropriations for court arbitration; and (2) the Civil Justice Reform Act of 1990 to extend civil justice expense and delay reduction pilot programs.
Bill· HRH.R. 4991 (103rd)referred
United States · United States Congress · 18 August 1994
Amends Federal law to state that compensation paid by the United States for personal services as a U.S. employee at a U.S.-owned Columbia River hydroelectric facility, portions of which are within Oregon and Washington, shall be subject to taxation by Oregon or any political subdivision of that State only if such employee is an Oregon resident.