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Bill· HRH.R. 3386 (103rd)referred
United States · United States Congress · 27 October 1993
Amends the Revenue Reconciliation Act of 1993 to delay the effective date of the change in the point of imposition of the tax on diesel fuel from January 1, 1994, to: (1) July 1, 1994; or (2) the 60th day after final regulations are prescribed. Amends the Internal Revenue Code to allow vendors of diesel fuel sold for any nontaxable use to claim tax refunds on behalf of ultimate users. Provides a similar rule for vendors of gasoline sold to State and local governments.
Law· HJRESH.J.Res. 283 (103rd)enacted
United States · United States Congress · 27 October 1993
Extends the law making further continuing appropriations for FY 1994.
Resolution· HRESH.Res. 287 (103rd)passed
United States · United States Congress · 27 October 1993
Sets forth the rule for the consideration of H.J. Res. 283 (continuing appropriations for FY 1994).
Law· SS. 1587 (103rd)enacted
United States · United States Congress · 26 October 1993
TABLE OF CONTENTS: Title I: Contract Formation Subtitle A: Competition Statutes Subtitle B: Truth in Negotiations Subtitle C: Research and Development Subtitle D: Procurement Protests Subtitle E: Definitions and Other Matters Title II: Contract Administration Subtitle A: Contract Payment Subtitle B: Cost Principles Subtitle C: Audit and Access to Records Subtitle D: Cost Accounting Standards Subtitle E: Administration of Contract Provisions Relating to Price, Delivery, and Product Quality Subtitle F: Claims and Disputes Title III: Service Specific and Major Systems Statutes Subtitle A: Major Systems Statutes Subtitle B: Testing Statutes Subtitle C: Service Specific Laws Subtitle D: Department of Defense Commercial and Industrial Activities Subtitle E: Fuel- and Energy-Related Laws Subtitle F: Fiscal Statutes Subtitle G: Miscellaneous Title IV: Simplified Acquisition Threshold and Socioeconomic, Small Business, and Miscellaneous Laws Subtitle A: Simplified Acquisition Threshold Subtitle B: Socioeconomic and Small Business Laws Subtitle C: Miscellaneous Acquisition Laws Title V: Intellectual Property Subtitle A: Technology Transfer Subtitle B: Government Use of Private Patents, Copyrights, and Trade Secrets Title VI: Standards of Conduct Subtitle A: Ethics Provisions Subtitle B: Additional Amendments Title VII: Defense Trade and Cooperation Title VIII: Commercial Items Title IX: Effective Date Federal Acquisition Streamlining Act of 1993 - Title I: Contract Formation - Subtitle A: Competition Statutes - Part 1: Armed Services Acquisitions - Amends the Competition in Contracting Act of 1984 (CICA) and other Federal procurement law with respect to subject agency (National Aeronautics and Space Administration, Coast Guard, Department of Defense (DOD), and respective military departments) procurement to revise: (1) competition requirements, with changes prohibiting purchase or contract class considerations by subject agencies in determining whether the exclusion of a particular source of covered items from competition in procurements to establish alternative sources of supply will result in reduced costs and increased competition or be in the interest of national defense; and (2) solicitation requirements, with changes requiring the head of a subject agency to include cost or price as a factor to be considered in evaluating competitive proposals and disclose certain information to offerors on the importance of other evaluation factors in relation to cost and price. (Sec. 1003) Revises certain qualifying circumstances for award of contracts between $100,000 and $1 million under noncompetitive procedures. Substitutes for approval of contracts between $1 million and $10 million, "head of the contracting activity" for "head of the procuring activity." (Sec. 1005) Repeals: (1) expiring authority for the Secretary of Defense (Secretary) to enter into master agreements and issue task orders and adds new authority for the head of a subject agency to enter into task and delivery order contracts; and (2) requirements for prior determination with respect to cost or incentive type contract use and for annual reports by DOD advocates for competition. (Sec. 1012) Relocates provisions concerning evaluation of purchase options and consolidates others for encouragement of competition and cost savings. (Sec. 1013) Requires: (1) notice to all offerors not awarded a contract within three days of the contract award; (2) debriefings providing certain basic information on the award to unsuccessful offerors, if requested within seven days after a competitive award; and (3) the head of the contracting activity, upon the request of an offeror, to establish, in protests to the Comptroller General (CG), a protest file affording the offeror reasonable access. (Sec. 1016) Authorizes the head of a subject agency to take certain actions, such as issuing a new solicitation or terminating the contract, if, in connection with a protest, a solicitation, proposed award, or award does not comply with the law. Part II: Civilian Agency Acquisitions - Amends the Federal Property and Administrative Services Act of 1949 (FPASA) to make changes similar to those above with respect to civilian agencies. Part III: Acquisitions Generally - Repeals congressional reporting requirements on executive agency contract competition. Subtitle B: Truth in Negotiations - Part I: Armed Services Acquisitions - Amends provisions commonly referred to as the Truth in Negotiations Act (TINA) to revise cost or pricing data requirements to: (1) repeal the sunset date for the requirement that offerors submit cost or pricing data for prime contracts above the $500,000 threshold (thus making it permanent); and (2) make changes in exceptions to data submission requirements. (Sec. 1203) Requires a written determination to be made by the head of the subject agency before requiring the submission of cost or pricing data in cases where the acquisition is below the TINA threshold or one of the TINA exceptions applies. (Sec. 1204) Creates a new exception to the submission requirement for commercial item cost or pricing data that applies where competion is not practicable and the contracting officer obtains adequate data for evaluating the reasonableness of the contract price. (Sec. 1206) Provides for: (1) regulations concerning the types of information that must be submitted for the contracting officer to consider in determining price reasonableness when cost or pricing data are not required because the acquisition is not expected to exceed the $500,000 threshold; and (2) consistent time references with respect to when an agreement on the price of a prime contract is effective for purposes related to contract price reductions because of defective data. (Sec. 1208) Defines "subcontract" to include transfers of commercial items within a company to tie in with the new definition of commercial item under OFPPA added by title VIII of this Act. Part II: Civilian Agency Aquisitions - Amends FPASA to replace requirements governing submission of cost or pricing data and commercial pricing for supplies with requirements nearly identical to those under TINA (and the changes made above by this subtitle to TINA) governing submission of such data. Subtitle C: Research and Development - Revises research and development (R&D) authority of DOD and the military departments, repealing specified R&D milestone requirements with respect to certain defense research activities. (Sec. 1302) Consolidates the R&D authority of DOD and the military Subtitle D: Procurement Protests - Part I: Protests to the Comptroller General - Modifies CICA's procurement protest system, with various changes: (1) adding a new definition of "protest"; (2) establishing new time frames for certain actions by the CG and others with respect to protests; (3) allowing the CG, in protests, to recommend agency payment of interested party consultant and expert witness fees, in addition to attorneys' fees currently required; (4) requiring subject agencies to pay recommended amounts, limited (except with respect to small businesses) to appropriate rates under the Equal Access to Justice Act, or else report to the CG the reasons for failing to make such payment;(5) directing the CG to report to the Congress on agency implementation of CG recommendations; and (6) authorizing the CG to prescribe procedures for time frame calculations and electronic filings and dissemination under the system. Part II: Protests in the Federal Courts - Amends CICA and the Federal judicial code (FJC) to give the U.S. Court of Federal Claims Court) jurisdiction over protests. Part III: Protests in Procurements of Automatic Data Processing - Amends FPASA to: (1) authorize the Administrator of the General Services Administration (GSA) to revoke a delegation of procurement authority after a contract is awarded whenthe award is connected with a violation of law; (2) require GSA's board of contract appeals (bard) to review, upon an interested party's request, any decision by a contracting officer alleged to have violated the law or the conditions of a delegated authority; and (3) change the time frames for final board decisions on protests and hearings for suspending procurement authority. (Sec. 1434) Authorizes dismissal of protests brought in bad faith and board ordered payment of additional specified administrative fees, as limited above under part I, to prevailing parties. (Sec. 1436) Requires public disclosuure of any settlement agreement providing for dismissal of a protest and involving an expenditure of appropriated funds. Requires agencies to make settlement payments from the judgment fund. (Sec. 1437) Makes changes conforming to those above under part II with regard to Federal court jurisdiction over protests. (Sec. 1438) Requires the board to adopt and issue appropriate rules and procedures for time frame calculations, electronic filings and disseminations, and sanctions for frivolous or bad faith protests or willful abuses of the board's process. (Sec. 1439) Adds to FPASA the new definition of "protest" added above under part I, as well as a definition of "prevailing party." (Sec. 1440) Requires the GSA Administrator to collect and compile data on procurement of automatic data processing equipment. Subtitle E: Definitions and Other Matters - Part I: Armed Services Acquisitions - Revises subject agency procurement law: (1) definitions, adding new terms such as "commercial item," "nondevelopmental item," and "simplified acquisition threshold" with cross references to the Office of Federal Procurement Policy Act (OFPPA); and (2) provisions on decisions, while retaining requirements on the form and retention of findings. (Sec. 1502) Consolidates provisions on delegation of procurement functions by the head of a subject agency. (Sec. 1504) Makes technical changes with respect to the limitation on undefinitized contractual actions by subject agencies. (Sec. 1505) Repeals DOD provisions on: (1) production special tooling and production special test equipment; and (2) independent price determination in certain contract solicitations. (Sec. 1506) Gives the Secretary of Defense authority to prescribe regulations on contract bids for a military department. Part II: Civilian Agency Acquisitions - Adds the new terms specified under part I above to FPASA's definitions with cross references to OFPPA. (Sec. 1552) Makes changes parallel to those above concerning procurement function delegation and decisions for civilian agencies. (Sec. 1554) Limits the use of undefinitized contractual actions by civilian agencies. (Sec. 1555) Repeals provisions on Internal Revenue Service procurement of expert and attorney services. Title II: Contract Administration - Subtitle A: Contract Payment - Part I: Armed Services Acquisitions - Reorganizes contract financing provisions for subject agencies, consolidating and eliminating those with regard to certain navy contracts which are redundant and obsolete, adding specific policy for contract financing, and revising conditions for progress payments. (Sec. 2002) Repeals DOD vouchering requirements. Part II: Civilian Agency Acquisitions - Makes similar organizational changes with respect to contract financing for executive agencies, adding provisions mirroring those for the military departments which concern action in case of fraud. Subtitle B: Cost Principles - Part I: Armed Services Acquisitions - Amends provisions on allowable contractor costs to: (1) revise congressional reporting requirements with regard to CG's evaluation of DOD's efforts under such provisions to guard against unallowable costs under defense contracts; and (2) raise the threshold for coverage under such provisions to $500,000. (Sec. 2102) Eliminates profit controls on defense contracts during periods of national emergencies. Part II: Civilian Agency Acquisitions - Amends FPASA to replace provisions for executive agencies on allowable contractor costs with provisions nearly identical to those for DOD amended in part I above (and the changes made by such amendments). Part III - Acquisitions Generally - Repeals OFPPA provisions on Government contractor travel expenses. Subtitle C: Audit and Access to Records - Part I: Armed Services Acquisitions - Consolidates and revises authority for subject agency examination of contractor records. Part II: Civilian Agency Acquisitions - Relocates and revises provisions under FPASA for executive agency examination of contractor records, replacing them with provisions nearly identical to those in part I above for subject agencies. Subtitle D: Cost Accounting Standards - Repeals an obsolete deadline under OFPPA for procedures governing actions of the Cost Accounting Standards Board, while retaining provisions authorizing their issuance. Subtitle E: Price, Delivery, and Product Quality - Part I: Armed Services Acquisitions - Repeals special qualification requirements for contractors on aircraft and ship spare parts contracts. (Sec. 2402) Specifies certain guidelines and procedures for inclusion in DOD regulations on contractor guarantees with regard to weapon systems. (Sec. 2403) Repeals army and air force procurement provisions regarding the delivery of subsistence supplies. Part II: Acquisitions Generally - Reorganizes the Anti-Assignment Act, making technical changes and expanding authority to prohibit setoffs against assignees. (Sec. 2452) Amends Federal law to repeal requirements for contract deposit with the General Accounting Office. Subtitle F: Claims and Disputes - Part I: Armed Services Acquisitions - Repeals DOD contract claim certification requirements already slated for repeal under the National Defense Authorization Act for Fiscal Year 1993. (Sec. 2501) Restricts future payment under law of subject agency contract claims. Part II: Acquisitions Generally - Amends FJC to revise provisions regarding Federal court jurisdiction over contract disputes. (Sec. 2552) Amends the Contract Disputes Act of 1978 to: (1) require contractor and Government claims to be submitted for resolution within six years after the event giving rise to the claim; (2) raise thresholds for contracting officer certifications, decisions, and notifications; (3) raise the maximum amount for the small claims procedure; (4) reduce the period for filing claim actions in Claims Court; and (5) provide that claims include certain requests, including those for equitable adjustments to contract terms. Title III: Service Specific and Major System Statutes- Subtitle A: Major Systems Statutes - Modifies requirements with regard to major defense acquisition programs for: (1) independent cost and manpower estimates; and (2) program baseline descriptions and deviation reporting. (Sec. 3003) Repeals the mandate for: (1) Defense Enterprise Programs; and (2) competitive prototyping and alternative sources in major programs. Subtitle B: Testing Statutes - Repeals testing requirements for wheeled or tracked vehicles. (Sec. 3012) Substitutes vulnerability testing requirements for survivability and lethality testing. Authorizes less-than-full-up testing for high-value systems. (Sec. 3013) Authorizes the Secretary to provide for alternative operational testing and evaluation of major programs under certain conditions. (Sec. 3014) Creates a new exception to low-rate initial production requirements for strategic defense missiles. Subtitle C: Service Specific Laws - Consolidates and revises provisions on: (1) DOD and military department mobilization of industry in time of war, procurement for experimental purposes, and acceptance of gratuitous services of reserve officers; (2) availability of DOD and military department materials, information, and services for R&D and testing purposes; (3) the civil reserve air fleet, adding provisions regarding the use of military installations by fleet contractors; and (4) naval vessel fitness and salvage operations. (Sec. 3024) Repeals: (1) duplicative general army and air force (A&A) procurement authority, and authority for production equipment procurement as well; (2) obsolete delegation authority with regard to army rations procurement, and authority for A&A to purchase certain subsistence supplies, obtain assistance from mapping agencies, and reclaim unserviceable ammunition; and (3) various authority and requirements with respect to navy vessels, obsolete navy provisions on guided missiles, and authority for the Secretary of the Navy to provide contractors with relief from losses caused by enemy action and to sell degassing equipment. (Sec. 3034) Authorizes the international exchange of scientific personnel. Subtitle D: Department of Defense Commercial and Industrial Activities - Consolidates and revises authority for having supplies needed by DOD or the military departments made in U.S.-owned factories and arsenals. (Sec. 3052) Repeals requirements on DOD for accounting procedures for contracted advisory and assistance services. Codifies requirements for a separate consulting service category in the national budget. Subtitle E: Fuel- and Energy-Related Laws - Consolidates and revises provisions on contracts for storage, handling, and distribution of liquid fuels, including natural gas under the coverage of such provisions, among other changes. (Sec. 3062) Modifies provisions on DOD acquisition of petroleum, including natural gas under the coverage of such provisions, broadening the Secretary's exchange authority, and adding sales authority. Subtitle F: Fiscal Statutes - Gives DOD the authority to designate disbursing officers within DOD. Subtitle G: Miscellaneous - Amends obligation of funds provisions on production, warehousing, and distribution of supplies, removing certain restrictions. (Sec. 3082) Repeals provisions on aviation encouragement, product evaluation, and milk procurement. (Sec. 3085) Codifies limitations on subject agency vessel, aircraft, and vehicle leases, with modifications. Title IV: Simplified Acquisition Threshold and Socioeconomic, Small Business, and Miscellaneous Laws - Subtitle A: Simplified Acquisition Threshold - Part I: Establishment of Threshold - Amends OFPPA to establish a new simplified acquisition threshold (SAT) of $100,000, replacing the current small purchase threshold, for use also under the Small Business Act (SBA). Part II: Simplification of Procedures - Requires simplified procedures under the Federal Acquisition Regulation (FAR) for acquisitions under SAT. (Sec. 4013) Amends OFPPA and SBA to: (1) provide for continuation of existing notice thresholds for procurements over $25,000 (except that the requirement to allow 30 days for bid and proposal submission would apply only to contracts or orders in excess of SAT); and (2) prescribe additional contents for notices with respect to contracts between $25,000 and $100,000. Part III: Inapplicability of Laws to Acquisitions Not in Excess of Simplified Acquisition Threshold - Amends OFPPA loc suplyto authorize FAR to waive the applicability of future-enacted procurement laws on a class basis for contracts below SAT, unless the provision expressly prohibits such waiver. (Sec. 4031) Exempts: (1) subject agency contracts below SAT from contingent fees certifications, prohibitions on limiting subcontractor direct sales and doing business with certain subcontractors, and requirements for audits, supplier and supply source identification, and use of U.S. vessels for supply transportation; (2) civilian agency contracts below SAT from similar requirements; (3) prime contracts below SAT from procedural and other requirements of the Anti-Kickback Act of 1986; and (4) contracts below SAT from provisions commonly referred to as the Miller Act (MA), the Contract Work Hours and Safety Standards Act, the Drug-Free Workplace Act of 1988, and requirements under the Merchant Marine Act, 1936 to ship on American-Flag commercial vessels. Requires FAR to provide alternatives to payment bonds as payment protections for suppliers of labor and materials on certain contracts under MA. Part IV: Conforming Amendments - Makes certain conforming amendments with respect to armed services and civilian agency acquisitions. Part V: Revision of Regulations - Requires the Federal Acquisition Regulatory Council to review FAR to identify and amend, as appropriate, regulations applicable to acquisitions below SAT. (Sec. 4081) Requires agency heads to take similar action with respect to applicable supplemental regulations, policies, and procedures. Subtitle B: Socioeconomic and Small Business Laws - Exempts contracts for constructing, altering, furnishing, or equipping naval vessels from the Davis-Bacon Act (DBA) or the Service Contract Act of 1965, unless the President determines that it is in the interest of national defense to subject them. (Sec. 4102) Repeals: (1) obsolete reporting requirements under the Trade Agreements Act of 1979 pertaining to procurement of products produced in labor surplus areas; and (2) the Walsh-Healey Act (WHA), other than for certain definitional purposes. Repeals redundant requirements under FPASA regarding DBA and WHA applicability. Prohibits any Federal agency from purchasing any prisoner-made goods whose transportation in interstate commerce or importation is prohibited under Federal criminal laws. Exempts prison goods contracts below SAT from such prohibition. (Sec. 4103) Amends SBA to allow Federal agencies to contract directly with a socially and economically disadvantaged small business, rather than indirectly through the Small Business Administration, unless the business objects. Subtitle C: Miscellaneous Armed Services Acquisition Laws - Repeals several obsolete laws relating to procurement of naval aircraft and components. (Sec. 4152) Prohibits the use of appropriated funds to assist DOD contractors in preparing any material, report, list, or analysis on the economic effect of certain acquisition programs in particular States or congressional districts. (Sec. 4153) States that it is the policy of Congress that no legislation should be enacted that requires subject and civilian agency procurements to be made from a specified non-Federal source, unless the law identifies the non-Federal source involved and states that the procurement is required in contravention of such policy. Title V: Intellectual Property - Subtitle A: Technology Transfer - Amends the Stevenson-Wydler Technology Innovation Act of 1980 to address: (1) copyright protection for computer programs prepared by Federal employees, including those employees working under a cooperative R&D agreement; (2) use of copyrighted works of the Federal Government; and (3) distribution of royalties received by Federal agencies. (Sec. 5004) Amends Federal copyright law to conform to the changes made above with respect to the treatment of copyrighted works. Subtitle B: Government Use of Private Patents, Copyrights and Trade Secrets - Requires the issuance of regulations regarding the circumstances under which a contracting officer may withhold authorization or consent for a contractor to violate private patents in the performance of a contract. Prohibits any injunction from being issued for a violation of a patent right that occurs in the performance of a Federal contract. (Sec. 5012) Repeals navy provisions regarding the purchase of patents, patent applications, and licenses. Authorizes funds appropriated for military departments for purchasing supplies to be used to acquire: (1) technical data and computer software; and (2) releases for unauthorized use of such items. Title VI: Standards of Conduct - Subtitle A: Ethics Provisions - Revises OFPPA procurement integrity recusal, certification, training, and revolving door ban provisions, and adds rules of construction, harmonizes gratuities provisions with Government-wide ethics provisions, and makes changes in definitions under OFPPA's procurement integrity provisions. (Sec. 6002) Amends Federal criminal code financial interest provisions to cover persons who aid or abet violations. (Sec. 6003) Repeals several superseded and obsolete procurement ethics laws, including conflict of interest provisions in the Department of Energy Organization Act. Subtitle B: Additional Amendments - Amends OFPPA to prohibit the use of consultants to conduct evaluations or analyses of any aspect of an acquisition proposal if qualified Federal employees are available for the job. (Sec. 6051) Requires the FAR Council to review Federal regulations on use of advisory and assistance services and provide Federal agencies with appropriate guidance for determining whether expertise is available before contracting for such services to conduct acquisitions. (Sec. 6052) Repeals obsolete requirements for studies and a report on the extent of competition in the award of subcontracts by Federal prime contractors. (Sec. 6053) Doubles the waiting period required before significant changes proposed for acquisition regulations take effect, unless there are compelling circumstances for an earlier effective date. Title VII: Defense Trade and Cooperation - Repeals obsolete and redundant Buy American Act (BAA) provisions, and provisions under the Trade Agreements Act of 1970 relating to studies of BAA waivers. (Sec. 7002) Amends DOD provisions concerning defense memoranda of understanding and related agreements to replace references to such terms with International Cooperative Agreements and to expand the authorized scope of such agreements to cover logistics support. Repeals navy provisions for suspension of construction in case of treaty. (Sec. 7003) Provides for limited waiver of restrictions on accrued reimbursable liabilities and credits for contingency operations. Authorizes the Secretary to furnish or receive communications support and related supplies on a reciprocal basis for a period not to exceed 90 days: (1) in order to meet emerging operational requirements; or (2) incident to a joint military exercise with the allied country. Title VIII: Commercial Items - Amends OFPPA to add new definitions of "commercial item," "nondevelopmental item," "component," and "commercial component." (Sec. 8002) Creates a preference for executive agency acquisition of commercial and other nondevelopmental items. Repeals DOD provisions creating a preference for the acquisition of nondevelopmental items. (Sec. 8003) Requires FAR to include: (1) uniform contract clauses for commercial item and component contracts; (2) requirements pertaining to market acceptance and the use of warranties, firm, fixed price contracts for commercial items, and past performance of items and sources as a factor in awarding contracts; and (3) provisions to permit reliance on existing quality assurance systems for commercial items. Repeals DOD provisions for acquisition of commercial and nondevelopmental items. (Sec. 8004) Authorizes waiver on a class basis in FAR of the applicability of future enacted procurement laws to contracts and subcontracts for the acquisition of commercial items. (Sec. 8005) Provides for exemptions from requirements similar to those above under part III of subtitle A of title IV of this Act with respect to subject and civilian agency contracts for commercial items, and from requirements under the Federal Aviation Act of 1958, Federal Water Pollution Control Act, Clean Air Act, and OFPPA's procurement integrity certification provisions. (Sec. 8006) Amends OFPPA to authorize greater flexibility in setting deadlines for the submission of offers in contracts for the purchase of commercial items. (Sec. 8007) Establishes in the Office of Federal Procurement Policy the Advocate for Acquisition of Commercial and Nondevelopmental Items (replacing the current Advocate for the Acquisition of Commercial Products) for monitoring agency compliance with preference requirements and other duties regarding the acquisition of commercial and other nondevelopmental items. Gives agency competition advocates the added responsibility of promoting the acquisition of commercial and other nondevelopmental items. (Sec. 8009) Requires a CG review of Federal market research use for a report to the Congress. Title IX: Effective Date - Provides that the amendments made by this Act are effective upon enactment, except as otherwise provided.
Bill· HRH.R. 3374 (103rd)referred
United States · United States Congress · 26 October 1993
Land Preservation Tax Fairness Act of 1993 - Amends the Internal Revenue Code to require taking into account, for purposes of determining gain, the entire adjusted basis of property sold to a tax-exempt charitable organization as conservation property. Provides for determining the fair market value of restrictions on such property for purposes of determining the allowable deduction.
Bill· HRH.R. 3373 (103rd)referred
United States · United States Congress · 26 October 1993
Federal Open Space Acquisition and Preservation Act of 1993 - Amends the Internal Revenue Code to allow a credit against estate taxes for certain transfers of real property to Federal agencies for conservation purposes. Disallows a deduction under estate tax provisions for a transfer for which such credit has been taken.
Bill· HRH.R. 3369 (103rd)referred
United States · United States Congress · 26 October 1993
Amends the Internal Revenue Code with respect to unrelated debt-financed income of tax-exempt organizations to provide that acquisition indebtedness does not include any participating or other security issued by a licensed small business investment company if such security is purchased or guaranteed by the Small Business Administration.
Bill· HRH.R. 3361 (103rd)referred
United States · United States Congress · 26 October 1993
Maritime Revitalization Act of 1993 - Amends the Internal Revenue Code to increase the tax on transportation of passengers by water on vessels having a capacity of at least 150 passengers to five percent of the amount paid by each passenger. (Currently, such tax is three dollars per passenger.) Requires such covered voyages to have a port of call not located in the United States or its possessions. Imposes an excise tax on the loading of certain containers used to import or export commercial cargo on commercial vessels. Establishes the Maritime Revitalization Fund consisting of the maritime taxes imposed by this Act. Requires such Fund to support the maritime security fleet proposed by the Maritime Security and Competitiveness Act of 1993.
Resolution· HRESH.Res. 283 (103rd)passed
United States · United States Congress · 26 October 1993
Waives points of order against the consideration of the conference report on H.R. 2492 (District of Columbia government appropriations).
Bill· HRH.R. 3347 (103rd)referred
United States · United States Congress · 22 October 1993
Asset Forfeiture Justice Act - Amends the Tariff Act of 1930 (the Act) and the Federal criminal code to mandate that forfeiture proceedings be conducted only upon the conviction of the property owner for the relevant crime. (Sec. 4) Amends the Act to shift, in all forfeiture or recovery proceedings, to the Federal Government the burden of proof to establish by clear and convincing evidence that certain property (including vessels, aircraft, and vehicles) was subject to forfeiture. (Sec. 5) Amends the Controlled Substances Act, Federal criminal law, and the Act to modify the procedural guidelines and provide for a preliminary hearing for certain property subject to civil forfeiture. (Sec. 6) Amends the Act in connection with claims for seized property to: (1) eliminate the requirement for posting bond; and (2) provide for court-appointed counsel for claimants financially unable to obtain representation; and (3) provide the right to a jury trial. (Sec. 8) Amends Federal criminal law and the Controlled Substances Act to shield from liability to seizure any property which has been paid or pledged as bona fide attorney's fees. (Sec. 9) Amends Federal criminal law to authorize in personam proceedings, only upon conviction of violations, against the owner of certain seized vessels. (Sec. 11) Amends the Controlled Substances Act with respect to civil and criminal forfeitures to prohibit the value of the forfeited property from exceeding the pecuniary gain derived from the offense. (Sec. 12) Amends Federal criminal law and the Controlled Substances Act to repeal the relation-back doctrine with respect to any forfeited property subsequently transferred to other persons. (Sec. 13) Amends the Controlled Substances Act to revise the list of kinds of property subject to seizure. (Sec. 14) Amends the Act, Federal criminal law, and the Controlled Substances Act to specify that any forfeiture proceeds transferred to a State or local law enforcement agency that participated directly in the seizure proceedings be disposed of according to State law. (Sec. 15) Amends the Judicial Code to: (1) make the Department of Justice Assets Forfeiture Fund (the Fund) available to certain community-based crime control and drug programs; and (2) give priority to the communities in which the assets were seized. (Sec. 16) Amends certain Federal laws to revise the limit on amounts paid to informants to allow more than $250,000 in any case, but no more than that in any year. (Sec. 17) Amends the Controlled Substances Act and Federal monetary law to direct the Attorney General to assure that forfeited property transferred to a State or local law enforcement agency is not so transferred to a circumvent any requirement of State law that prohibits forfeiture or limits use or disposal of property forfeited to State or local agencies. (Sec. 18) Amends the Act to direct the Secretary of the Treasury to maintain individual records concerning certain forfeited property. (Sec. 19) Amends the judicial code to: (1) require payment of interest on certain seized property upon entry of judgment for the claimant; and (2) limit the amounts available from the Fund for certain administrative and contracting expenses. (Sec. 22) Amends the Controlled Substances Act to require the Attorney General to offer civilly or criminally forfeited real property of low value located in a metropolitan statistical area for sale, for nominal consideration, to tax-exempt organizations that provide direct services furthering community-based crime control, housing, or educational efforts in such area. (Sec. 23) Amends the judicial code to provide for Federal tort claims proceedings with respect to damage or loss to property while in the possession of a law enforcement officer because of negligence, misfeasance, malfeasance, or nonfeasance.
Bill· SS. 1579 (103rd)open
United States · United States Congress · 21 October 1993
TABLE OF CONTENTS: Title I: Managed Competition in Employer-Based Health Plans: Incentives to Control Costs Subtitle A: Use of Tax Incentives to Purchase Cost-Effective Plans Subtitle B: Health Plan Purchasing Cooperatives (HPPCs) Subtitle C: Accountable Health Plans (AHPs) Subtitle D: National Health Board Subtitle E: Managed Competition in Rural and Urban Underserved Areas Subtitle F: Treatment of Chronically Underserved Areas Subtitle G: Repeal of COBRA Continuation Requirements Subtitle H: Definitions Title II: Low-Income Assistance for Health Coverage Subtitle A: Low-Income Assistance Subtitle B: Long-Term Care Phase-Down Assistance to States Subtitle C: Financing Subtitle D: Repeal of Medicaid Program Title III: Training and Education of Health Care Professionals Subtitle A: Reform of Federal Funding for Medical Residency Training Subtitle B: Other Medical Education Grants and Programs Title IV: Preventive Health and Individual Responsibility Subtitle A: Expansion of Public Health Programs Subtitle B: Medicare Title V: Malpractice Reform Subtitle A: Findings; Purpose; Definitions Subtitle B: Grants to States for Alternative Dispute Resolution Systems Subtitle C: Uniform Standards for Malpractice Claims Subtitle D: Grants to States for Development of Practice Guidelines Title VI: Paperwork Reduction and Administrative Simplification Managed Competition Act of 1993 - Title I: Managed Competition in Employer-Based Health Plans: Incentives to Control Costs - Subtitle A: Use of Tax Incentives to Purchase Cost-Effective Plans - Amends the Internal Revenue Code to impose a tax on the excess health plan expenses of any employer which are health plan expenses exceeding specific limits under an accountable health plan for a defined geographical area. (Sec. 1002) Increases to 100 percent and makes permanent the deduction for health plan premium expenses of self-employed individuals. (Sec. 1003) Permits the deduction for medical, dental, etc. expenses without regard to the limitation on such deduction with respect to amounts paid for premiums under an accountable health plan. (Sec. 1004) Provides for the exclusion from gross income of contributions by a partnership or S corporation to a health plan covering partners or shareholders. Subtitle B: Health Plan Purchasing Cooperatives (HPPCs) - Provides for the establishment of Health Plan Purchasing Cooperatives (HPPCs). Considers each State to be a HPPC, except that a State may subdivide into HPPC areas, and that there may be interstate HPPCs, as specified. Requires HPPCs to enter into agreements with accountable health plans and small employers, offer enrollment in accountable health plans, and charge premiums. Subtitle C: Accountable Health Plans (AHPs) - Directs the National Health Board to provide a process whereby a health plan may be registered with the Board by its sponsor as an accountable health plan. Sets forth requirements for a plan to be registered, including: (1) coverage for a specified uniform set of benefits, including cost-sharing for low-income individuals; (2) standard premiums for the uniform benefits; (3) grievance procedures; (4) collecting and providing specified information; (5) prohibiting discrimination in enrollment or benefits; and (6) financial solvency. (Sec. 1208) Sets forth additional requirements for open AHPs, which is any plan which is not closed. Defines a closed plan as one limited by structure or law to one or more large employers. (Sec. 1211) Requires each AHP to provide for payment of one percent of gross premium receipts to the National Medical Education Fund. (Sec. 1221) Sets forth provisions concerning the preemption of State laws for AHPs. (Sec. 1231) Directs the President to provide for the development and publication of guidelines on the application of Federal antitrust laws to AHPs. Subtitle D: National Health Board - Establishes, as an independent agency in the Executive Branch, a National Health Board (the Board). Requires the Board to transmit annually to the Congress recommendations for the uniform set of effective benefits. States that such recommendations shall apply unless the Congress passes a joint resolution of disapproval. (Sec. 1303) Directs the Board to provide for the initial organization, as a nonprofit corporation in the District of Columbia, of the Benefits, Evaluations, and Data Standards Board in order to make recommendations to the Board concerning the uniform set of effective benefits and matters related to the evaluation of health care services. (Sec. 1304) Directs the Board to provide for the initial organization, as a nonprofit organization, of the Health Plan Standards Board in order to make recommendations to the Board concerning the standards for AHPs and concerning its assessment of risk-adjustment factors. (Sec. 1305) Sets forth provisions concerning the registration of AHPs. (Sec. 1306) Directs the Board to establish rules for the process of risk-adjustment of premiums among AHPs by HPPCs. (Sec. 1307) Directs the Board to establish standards for the periodic provision by AHPs of standardized information. (Sec. 1309) Establishes, within the Department of Health and Human Services, the Agency for Clinical Evaluations which shall assume the responsibilities of the Director of the Office of Medical Applications of Research at the National Institutes of Health, the Director of the Office of Research and Demonstrations of the Health Care Financing Administration (insofar as such responsibilities relate to clinical evaluations), the Administrator for Health Care Policy and Research under title IX of the Public Health Service Act and specified provisions of the Social Security Act, and the Director of the National Center for Health Statistics, as well as other specified responsibilities. Authorizes appropriations. (Sec. 1312) Authorizes appropriations for the Board through FY 2000. Terminates the Board on December 31, 1999. Subtitle E: Managed Competition in Rural and Urban Underserved Areas - Authorizes the Governor of any State to designate rural and urban areas of a State as underserved areas. Permits a HPPC serving such an area to require AHPs offered by the HPPC and with a service area adjoining such area to include the area as part of their service area. (Sec. 1411) Authorizes appropriations for: (1) technical assistance for entities seeking to establish a network plan in an underserved area; (2) financial assistance to eligible entities in order to provide for the development and implementation of AHPs in rural areas; and (3) under the Public Health Service Act, migrant health centers and community health centers. (Sec. 1422) Provides coverage under part B of title XVIII (Medicare) of the Social Security Act for rural emergency access care hospital services. (Sec. 1431) Directs the Secretary of Health and Human Services to make payments for transitional assistance to eligible hospitals. Requires any hospital accepting such assistance to provide a significant volume of services to persons unable to pay for services. Authorizes appropriations. Subtitle F: Treatment of Chronically Underserved Areas - Directs the National Health Board to develop standards for the identification of chronically underserved areas. Makes provisions for addressing health care delivery in such areas. Subtitle G: Repeal of COBRA Continuation Requirements - Repeals the COBRA continuation requirements for group health plans and title XXII of the Public Health Service Act. Subtitle H: Definitions - Sets forth definitions for this title and title II. Title II: Low-Income Assistance for Health Coverage - Subtitle A: Low-Income Assistance - Provides premium assistance for very-low income individuals and moderately low-income individuals. Provides for nominal cost-sharing for such individuals and special assistance for certain items and services. Subtitle B: Long-Term Care Phase-Down Assistance to States - Provides for long-term care phase-down assistance to eligible States for each calendar quarter in 1995 through 1998. Subtitle C: Financing - Amends title XVIII (Medicare) of the Social Security Act to achieve savings under such program by: (1) reducing the update for inpatient hospital services; (2) reducing the conversion factor for the physician fee schedule for non-primary care services; and (3) reducing hospital outpatient services through establishing a prospective payment system. (Sec. 2204) Amends the Internal Revenue Code to impose a Medicare part B premium tax on higher-income individuals. (Sec. 2205) Achieves additional Medicare savings through the: (1) phased-in elimination of Medicare disproportionate share adjustment payments; (2) reduction of routine cost limits for home health services; (3) reduction in routine cost limits for extended care services; and (4) reductions in payments for hospice services. Subtitle D: Repeal of Medicaid Program - Repeals title XIX (Medicaid) of the Social Security Act. Title III: Training and Education of Health Care Professionals - Subtitle A: Reform of Federal Funding for Medical Residency Training - Directs the National Health Board to approve a resident training position in a medical residency program for purposes of funding approved medical residency training programs under this title. Provides funding, in addition, for physician retraining. Sets forth provisions concerning: (1) the allocation of entry positions among programs; and (2) the general distribution of positions among specialties. (Sec. 3004) Requires payment by AHPs of one percent of gross premium receipts to the National Medical Education Fund. Requires payments from the Medicare trust funds to the National Medical Education Fund. (Sec. 3005) Establishes the National Medical Education Fund. Subtitle B: Other Medical Education Grants and Programs - Authorizes appropriations under the Public Health Service Act for medical education programs, including: (1) the scholarship and loan repayment programs of the National Health Service Corps; (2) area education centers; (3) public health and preventive medicine; (4) family medicine; (5) general internal medicine and pediatrics; (6) physician assistants; (7) allied health projects grants and contracts; and (8) nurse practitioner and nurse midwife programs. Title IV: Preventive Health and Individual Responsibility - Subtitle A: Expansion of Public Health Programs - Authorizes appropriations under the Public Health Service Act for the following public health programs: (1) immunizations against vaccine-preventable diseases; (2) prevention, control, and elimination of tuberculosis; (3) lead poisoning prevention; (4) preventive health measures with respect to breast and cervical cancers; (5) the Office of Disease Prevention and Health Promotion; (6) the Office of Minority Health; (7) preventive health and health services block grant; (8) categorical grants for early intervention regarding acquired immune deficiency syndrome; and (9) programs of the Centers for Disease Control regarding the smoking of tobacco products. Directs the Office of Disease Prevention and Health Promotion to promote individual responsibility in personal health care and in the use of valuable health care resources. Subtitle B: Medicare - Provides Medicare coverage for: (1) screening fecal-occult blood tests and screening flexible sigmoidoscopies for the purpose of the early detection of cancer; (2) tetanus-diphtheria boosters; (3) well-child services; and (4) an annual screening mammography for women over age 64. Title V: Malpractice Reform - Subtitle A: Findings; Purpose; Definitions - Sets forth the findings, purpose, and definitions for this title. Subtitle B: Grants to States for Alternative Dispute Resolution Systems - Provides for grants for a two year period to States for the implementation and evaluation of alternative dispute resolution systems. Subtitle C: Uniform Standards for Malpractice Claims - Makes the provisions of this subtitle applicable to any medical malpractice liability action brought in a Federal or State court, and to any malpractice claim subject to alternative dispute resolution. (Sec. 5202) Establishes the United States Commission on Malpractice Awards which shall promulgate guidelines relating to limits on noneconomic and punitive damages. (Sec. 5205) Makes special provision for obstetric services. (Sec. 5206) Permits a finding of malpractice only if the defendant's conduct was unreasonable. Subtitle D: Grants to States for Development of Practice Guidelines - Directs the Secretary to make grants to States for the development of medical practice guidelines for health care professionals that may be applied to resolve medical malpractice liability claims. Title VI: Paperwork Reduction and Administrative Simplification - Preempts State quill pen laws. Ensures the confidential treatment of electronic health care information. Sets forth provisions which provide for: (1) the standardization of electronic health information; (2) uniform claims forms; (3) the liability of insurers when benefits are payable under two or more plans; and (4) the uniformity of the availability of information among health plans when benefits are payable under two or more plans. (Sec. 6007) Amends the Internal Revenue Code to impose a tax on a health plan not in compliance with specified requirements of this title.
Bill· SS. 1576 (103rd)referred
United States · United States Congress · 21 October 1993
TABLE OF CONTENTS: Title I: Family Tax Credit Title II: Reducing the Cost of Capital by Reducing Capital Gains Tax Rates and Indexing the Basis of Certain Assets Title III: Neutral Cost Recovery Title IV: Increasing National Savings Through Individual Retirement Plus Accounts, Indexing for Inflation the Income Thresholds for Taxing Social Security Benefits, Etc. Title V: Cap on Federal Spending and Establishment of Commission to Reduce Federal Spending Title VI: Elimination of Social Security Earnings Test Family, Investment, Retirement, Savings, and Tax Fairness Act of 1993 - Title I: Family Tax Credit - Amends the Internal Revenue Code to allow individuals a tax credit of $500 multiplied by the number of qualifying children who have not attained age 18. Places limitations on such credit and adjusts it for inflation. Title II: Reducing the Cost of Capital by Reducing Capital Gains Tax Rates and Indexing the Basis of Certain Assets - Reduces the individual and corporate capital gains rate from 34 percent to 15 percent. Reduces such tax to 7.5 percent for low- and middle-income taxpayers. Provides for the phaseout of personal exemptions and the overall limitation on itemized deductions to take into account adjusted gross income which has been reduced by net capital gain. (Sec. 204) Requires indexing, based on the gross national product deflator, of the adjusted basis of certain assets (corporate stock and tangible property that is a capital asset of property used in a trade or business) that have been held for more than one year at the time of sale or other transfer, solely for the purpose of determining gain or loss. (Sec. 205) Provides for indexing the limitation on capital losses of noncorporate taxpayers. Title III: Neutral Cost Recovery - Allows the depreciation deduction to be computed based on a neutral recovery basis for property placed in service after December 31, 1993. (Sec. 302) Establishes special depreciation rules applicable under the adjusted current earnings provisions of the minimum tax for 1994. Title IV: Increasing National Savings Through Individual Retirement Plus Accounts, Indexing for Inflation the Income Thresholds for Taxing Social Security Benefits, etc. - Allows individuals to establish individual retirement plus accounts with tax treatment similar to that for individual retirement plans. Makes contributions to such account nondeductible. Provides for qualified distributions from such accounts, other than for general retirement purposes, including special purpose distributions made for the purchase of a first home and for medical or educational purposes. Prohibits special purpose distributions from being made during the first five years of the account. (Sec. 402) Provides an inflation adjustment after 1996 for income thresholds in determining the taxation of social security benefits. Excludes income from individual retirement plans when determining modified adjusted gross income. (Sec. 403) Provides an inflation adjustment after 1996 for the maximum amount allowable as a deduction for retirement savings. Title V: Cap on Federal Spending and Establishment of Commission to Reduce Federal Spending - Establishes the Commission on Reduction of Federal Spending to: (1) recommend specific reductions in Federal activities to assure that spending does not grow at a rate in excess of two percent per year through FY 1998; and (2) report a bill to the Congress with changes necessary to achieve such reductions. (Sec. 504) Establishes an advisory council to assist the Commission. (Sec. 509) Amends the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act) to set forth sequestration procedures when the increase in annual Federal spending exceeds the amount resulting from an annual rate of inflation of two percent. Title VI: Elimination of Social Security Earnings Test - Amends title II (Old Act, Survivors and Disability Insurance) of the Social Security Act to remove the limitation on the amount of outside income which beneficiaries who have attained retirement age may earn without incurring a reduction in benefits.
Bill· HRH.R. 3333 (103rd)referred
United States · United States Congress · 21 October 1993
Medisave Patient Empowerment Act of 1993 - Amends the Internal Revenue Code to allow to individuals a tax deduction for contributions made to a Medisave account established for the benefit of an eligible individual. Limits the amount of allowable contributions. Allows such deduction whether or not an individual itemizes deductions. Disallows distributions from such accounts as medical expense deductions. Excludes employer contributions to such accounts from employment taxes. Establishes an excise tax for excess contributions to such accounts.
Bill· HRH.R. 3320 (103rd)open
United States · United States Congress · 20 October 1993
TABLE OF CONTENTS: Title I: Admission of Immigrants Title II: Admission of Refugees Title III: Asylum Reform Title IV: Criminal Aliens Title V: Financial Responsibility Title VI: Employer Sanctions Title VII: Border Security Title VIII: Alien Smuggling Title IX: Local Cooperation Title X: Citizenship Immigration Stabilization Act of 1993 - Title I: Admission of Immigrants - Amends the Immigration and Nationality Act (Act) with respect to: (1) immigration levels; (2) visa allotment; and (3) petition approval. Title II: Admission of Refugees - Limits nonemergency refugee admissions in any fiscal year to 50,000. Title III: Asylum Reform - Amends provisions with respect to: (1) alien inspection and exclusion by immigration officers; (2) asylum; and (3) judicial review. Title IV: Criminal Aliens - Expands the definition of "aggravated felony." (Sec. 402) Provides for the expedited deportation of certain nonpermanent resident aliens convicted of an aggravated felony. (Sec. 403) Authorizes judicial deportation for an alien convicted of a felony. (Sec. 404) Increases penalties for reentry or failure to depart. (Sec. 406) Authorizes the deportation of an alien prisoner prior to sentence completion under specified circumstances. (Sec. 407) Amends Federal criminal law to require the issuance of a judicial order of deportation in the case of an alien being sentenced for an aggravated felony. (Sec. 408) Authorizes Federal incarceration and deportation of certain State-convicted aliens. (Sec. 409) Amends Federal criminal law to increase penalties for specified visa and passport related crimes. (Sec. 410) Requires State or local law enforcement agencies to notify the district Immigration and Naturalization Service Office upon the felony arrest of an alien. Title V: Financial Responsibility - Authorizes the admission of an alien otherwise excludable as a public charge (as defined by this Act) if such alien has a sponsor guarantee of financial responsibility. (Sec. 503) Limits benefits, including unemployment benefits, for illegal aliens Title VI: Employer Sanctions - Revises employer sanction provisions, including: (1) work eligibility documents; and (2) social security telephone verification. Title VII: Border Security - Increases Border Patrol personnel levels. Establishes: (1) a border crossing fee; and (2) a Border Control Trust Fund. (Sec. 704) Amends the Act to establish increased penalties or a required pilot program for international carriers that bring in more than specified numbers of undocumented aliens. Title VIII: Alien Smuggling - Directs the Secretary of State to enter into cooperative foreign arrangements to prevent the unlawful entry of aliens into the United States. (Sec. 802) Directs the Secretary of Defense to instruct the Coast Guard with respect to preventing the illegal entry of aliens into the United States by sea. (Sec. 803) Amends Federal criminal law to bring specified alien related activities under the purview of the Racketeer Influenced and Corrupt Organizations (RICO) provisions. (Sec. 804) Increases alien smuggling penalties. (Sec. 805) Expands forfeiture provisions for smuggling or harboring aliens. (Sec. 806) Amends Federal criminal law to authorize wiretaps for alien smuggling investigations. Title IX: Local Cooperation - Prohibits specified Federal program assistance to States or local entities that do not use the SAVE system to verify an alien applicant's immigration status. Title X: Citizenship - Makes it unlawful (and establishes penalties) for a noncitizen to vote in a Federal or State election.
Bill· HRH.R. 3322 (103rd)referred
United States · United States Congress · 20 October 1993
Low-Income Housing Preservation Act of 1993 - Amends the Internal Revenue Code to provide a 15-year recovery period for the depreciation deduction for new investments to rehabilitate qualified low-income housing projects. Exempts a specified amount of such rehabilitation costs from the passive loss limitations.
Law· HJRESH.J.Res. 281 (103rd)enacted
United States · United States Congress · 20 October 1993
Extends the law making further continuing appropriations for FY 1994.
Resolution· HRESH.Res. 282 (103rd)passed
United States · United States Congress · 20 October 1993
Sets forth the rule for the consideration of H.J. Res. 281 (making continuing appropriations for FY 1994).
Law· HRH.R. 3313 (103rd)enacted
United States · United States Congress · 19 October 1993
TABLE OF CONTENTS: Title I: Women Veterans Health Improvements Title II: Care for Veterans Exposed to Toxic Substances Title III: Readjustment Services Title IV: Services for Mentally Ill Veterans Veterans Health Improvements Act of 1993 - Title I: Women Veterans Health Improvements - Women Veterans Health Improvements Act of 1993 - Directs the Secretary of Veterans Affairs to ensure that each Department of Veterans Affairs health care facility is able to provide in a timely and appropriate manner all authorized health care services to women veterans. Requires the provision of direct Department care (rather than by contract or other agreement) for women veterans in an area in which the number of such veterans makes it cost effective to do so. Extends the requirement for, and adds to the information required in, an annual report concerning women veterans health care and research. Prohibits mammograms from being performed at a Department facility unless it is accredited by a private nonprofit organization designated by the Secretary. Directs the Secretary to prescribe mammogram quality assurance and control standards and to perform periodic inspections of Department mammogram equipment and facilities. Requires application of such standards to non-Department facilities or providers under contract with the Department. Requires the Secretary, in conducting or supporting clinical research, to ensure that women and minority veterans are included as subjects in such research. Extends through 1998 the authority for the provision of sexual trauma counseling to women veterans. Requires with respect to such counseling: (1) the availability of a toll-free telephone number; (2) appropriate training to Department personnel who provide counseling assistance; and (3) a report to the Congress on the operation of the telephone assistance service. Amends the Veterans Health Care Act of 1992 to require each coordinator of women's services to serve on a full-time basis. Requires such coordinators to be fully able to carry out their responsibilities and to provide women veterans with equal access to Department facilities. Directs the Secretary to: (1) conduct a survey to identify deficiencies relating to women patient privacy in Department medical centers; (2) correct any such deficiencies; and (3) report to the Congress. Title II: Care for Veterans Exposed to Toxic Substances - Extends eligibility for hospital, nursing home, or outpatient medical care through the Department of Veterans Affairs to: (1) a veteran who may have been exposed to a herbicide agent while serving on active duty in Vietnam during the Vietnam era if the National Academy of Sciences has, in a report issued under the Agent Orange Act of 1991, made specified determinations regarding an association between exposure to a herbicide agent and occurrence of the veteran's disease; and (2) a radiation-exposed veteran if the Secretary of Veterans Affairs, based on advice of the Advisory Committee on Environmental Hazards, determines that there is credible evidence of a positive association between exposure to ionizing radiation and the veteran's disease. Terminates eligibility for herbicide-exposed veterans under this Act after September 30, 1996. Title III: Readjustment Services - Authorizes the Secretary to furnish counseling in a vet center to assist any veteran who served in combat during World War II or the Korean conflict in overcoming the effects of such combat experience. Requires a report. Establishes in the Department the Advisory Committee on Veterans Readjustment Counseling to perform advisory services with respect to veterans' readjustment, taking into special account Vietnam era veterans. Requires reports. Directs the Secretary to report to specified congressional committees a plan for the expansion of the Vietnam Veteran Resource Centers program. Title IV: Services for Mentally Ill Veterans - Authorizes the Secretary to establish at any Veterans Health Administration facility a nonprofit corporation to: (1) arrange for therapeutic work for patients of such facility or other Department facilities; and (2) provide a funding mechanism to achieve such purposes. Outlines provisions concerning: (1) the establishment of a board of directors for each such corporation; (2) the deposit of excess corporation funds; (3) annual reports by the corporation and the Secretary; (4) a prohibition against the establishment of such corporations after FY 1999; and (5) required recognition of such corporation within four years as a tax-exempt organization under Internal Revenue Service rules. Extends through FY 1998 (currently 1994) the Department compensated work therapy and therapeutic transitional housing demonstration program. Removes the 50-residence limit under the housing program, increasing such amount for each of FY 1994 through 1998. Directs the Secretary to establish a Special Committee on Care of Severely Chronically Mentally Ill Veterans to carry out a continual assessment of the Department's ability to meet the treatment and rehabilitation needs of severely, chronically mentally ill veterans and to provide appropriate advice and recommendations after such assessment. Requires annual reports.
Bill· HRH.R. 3315 (103rd)open
United States · United States Congress · 19 October 1993
TABLE OF CONTENTS: Title I: Strategies to Assist State and Local Governments in Providing an Immediate Response to Crime Subtitle A: Grants to Combat Violent Crimes Subtitle B: Community Policing; Cop on the Beat Subtitle C: Law Enforcement Family Support Subtitle D: Police Misconduct Subtitle E: Police Corps and Law Enforcement Officers Training and Education Title II: Crime Victims Subtitle A: Crime Victims Subtitle B: Confidentiality for Abused Persons Subtitle C: Full Faith and Credit Title III: Crime Prevention Subtitle A: Safe Schools Subtitle B: Midnight Sports Subtitle C: Rape Prevention Title IV: Strategies to Combat Recidivism Subtitle A: Family Unity Demonstration Project Subtitle B: Drug Rehabilitation for Federal Prisoners Subtitle C: Drug Rehabilitation for State Prisoners Subtitle D: Alternatives to Incarceration Subtitle E: Voting Rights for Former Offenders Subtitle F: Sex Offender Treatment Programs Subtitle G: Education and Training for Judges and Court Personnel in State Courts Subtitle H: Education and Training for Judges and Court Personnel in Federal Courts Title V: Commission on Crime, Drugs, and Violence Title VI: Confidence in Criminal Justice System Subtitle A: Racial Justice Act Subtitle B: Racial Bias Subtitle C: Minimum Sentencing Subtitle D: Crack-Cocaine Equitable Sentencing Subtitle E: Sentencing Uniformity Subtitle F: Coerced Confessions and Harmless Error Title VII: Fiscal Impact of Criminal Justice Sentencing Title VIII: Habeas Corpus Reform Title IX: Gun Control Subtitle A: Firearms Subtitle B: Semiautomatic Assault Weapons Subtitle C: Gun Violence Liability Subtitle D: Ammunition Subtitle E: Multiple Handgun Transfers Subtitle F: Licensing Subtitle G: Saturday Night Specials Title X: Asset Forfeiture Title XI: Miscellaneous Provisions Subtitle A: Amendments to Omnibus Crime Control and Safe Streets Act Subtitle B: Juvenile Justice and Delinquency Prevention Crime Prevention and Criminal Justice Reform Act - Title I: Strategies to Assist State and Local Governments in Providing an Immediate Response to Crime - Subtitle A: Grants to Combat Violent Crimes - Amends the Omnibus Crime Control and Safe Streets Act of 1968 (Omnibus Act) to authorize the Director of the Bureau of Justice Assistance (BJA) to make grants (under the drug control and system improvement grant program) to States, local governments, nonprofit nongovernmental victim services programs, and Indian tribes to develop effective law enforcement and prosecution strategies to combat violent crimes (placing particular emphasis on combating violent crimes against women and people of color) and to reduce the rate of violent crimes against women. Specifies that such grants shall provide additional personnel, training, technical assistance, data collection, and other equipment for the more widespread apprehension, prosecution, and adjudication of persons committing violent crimes and for purposes of: (1) training law enforcement officers and prosecutors to identify and respond more effectively to violent crimes, including crimes of sexual assault and domestic violence; (2) developing, training, or expanding units of law enforcement officers and prosecutors that specifically target violent crimes; (3) developing and implementing police and prosecution policies, protocols, or orders specifically devoted to the identification of and response to violent crimes against women; (4) developing, installing, or expanding data collection systems linking police, prosecutors, and courts or identifying and tracking arrests, protection orders, prosecutions, and convictions for crimes of sexual assault and domestic violence; and (5) developing, enlarging, or strengthening victim services programs to increase reporting and reduce attrition rates for cases involving violent crimes against women. Sets forth application and related requirements. Authorizes appropriations. Subtitle B: Community Policing; Cop on the Beat - Amends the Omnibus Act to authorize the Director to make grants to units of local government and to community groups to establish or expand cooperative efforts between police and a community for purposes of increasing the police presence in the community, including: (1) developing innovative neighborhood-oriented policing programs; (2) providing new technologies to reduce the amount of time officers spend processing cases instead of patrolling the community; (3) providing training in cultural differences for law enforcement officials; (4) developing community-based crime prevention programs; and (5) developing crime prevention programs in communities which have experienced a recent increase in gang-related violence. Requires the Director to develop a written model that informs community members regarding: (1) how to identify the existence of a drug or gang house; (2) available civil remedies, such as public nuisance violations and civil suits in small claims court; and (3) available mediation techniques between community members and individuals who have established a drug or gang house in such community. Sets forth provisions regarding: (1) application requirements; (2) the allocation and limitations on use of grant funds; (3) awarding grants; and (4) reporting requirements. Authorizes appropriations. Subtitle C: Law Enforcement Family Support - Amends the Omnibus Act to require the Director to: (1) establish guidelines and oversee the implementation of family-friendly policies within law enforcement-related offices and divisions in the Department of Justice (DOJ); (2) study the effects of stress on law enforcement personnel and family well-being and disseminate the findings to Federal, State, and local law enforcement agencies (LEAs), related organizations, and other interested parties; (3) identify and evaluate model programs that provide support services to law enforcement personnel and families; (4) provide technical assistance and training programs to develop stress reduction and family support to LEAs; (5) collect and disseminate information regarding family support, stress reduction, and psychological services; and (6) determine issues to be researched by BJA and by grant recipients. Authorizes the Director to make grants to States and local LEAs to provide family support services to law enforcement personnel. Sets forth provisions regarding: (1) activities of grant recipients that are required (counseling for law enforcement family members, child care on a 24-hour basis, marital and adolescent support groups, stress reduction programs, and stress education for law enforcement recruits and families) or optional (such as post-shooting debriefing for officers and their spouses, hypertension clinics, counseling for law enforcement personnel exposed to the human immunodeficiency virus (HIV), and counseling for families of personnel killed in the line of duty); (2) further application requirements and limitations; (3) discretionary research grants; and (4) reporting requirements. Authorizes appropriations. Subtitle D: Police Misconduct - Prohibits any governmental authority from engaging in a pattern or practice of conduct by law enforcement officers that deprives persons of rights, privileges, or immunities secured or protected by the Constitution or laws of the United States. Authorizes civil actions by the Attorney General and by an injured person. Permits the court, in private actions, to allow the prevailing plaintiff reasonable attorney's fees and costs. Makes a governmental body liable for such fees and costs to the same extent as a private individual. (Sec. 132) Directs the Attorney General to: (1) acquire data about the use of excessive force by law enforcement officers; and (2) publish an annual summary. Limits the use of such data. (Sec. 133) Amends the Federal criminal code to: (1) set penalties for police brutality; and (2) provide for liability by any State, county, municipality, or other unit of State or local government in a civil action to the party injured for the conduct of a law enforcement officer of such unit for subjecting any individual, under color of law, to the deprivation of any rights, privileges, or immunities secured by the Constitution or laws of the United States (regardless of whether such officer had a reasonable good faith belief in the lawfulness of the conduct). Subtitle E: Police Corps and Law Enforcement Officers Training and Education - Establishes in DOJ an Office of the Police Corps and Law Enforcement Education, to be headed by a Director. (Sec. 143) Requires a State that desires to participate in the Police Corps Program (under Chapter 1 of this subtitle) or the Law Enforcement Scholarship Program (under chapter 2) to designate a lead agency that will be responsible for: (1) submitting to the Director a State plan for the Program; and (2) administering the Program in the State. Chapter 1: Police Corps Program - Authorizes the Director to award scholarships of up to $7,500 or the cost of the educational expenses related to attending an institution of higher education (subject to limitation) to participants who agree to work in a State or local police force for four years after successful completion of a baccalaureate program and training. Permits the use of scholarships for graduate and professional study and for reimbursement of the participant's prior educational expenses under specified circumstances. Requires repayment of all of the scholarship or payment received plus interest for failure to comply with program requirements (but the Director may substitute community service for the required repayment if the recipient is unable to comply because of a physical or emotional disability or for good cause). Entitles a dependent child of a law enforcement officer killed in the course of performing police duties to scholarship assistance if specified conditions are met. (Sec. 153) Sets forth program provisions regarding: (1) participant selection criteria and qualifications; (2) recruitment of minorities; (3) enrollment of applicants; (4) leaves of absence; and (5) admission of applicants. (Sec. 154) Requires: (1) the Director to establish programs of training for participants, to be carried out at up to three training centers, and to pay participants a stipend during training; and (2) participants to attend two eight-week training sessions at a training center as basic law enforcement training and to be evaluated for mental, physical, and emotional fitness. (Sec. 155) Sets forth provisions regarding: (1) the swearing in of participants; (2) participants' rights and responsibilities; (3) discipline; (4) layoffs; and (5) State plan requirements. (Sec. 156) Authorizes appropriations. Chapter 2: Law Enforcement Scholarship Program - Provides for scholarships for in-service law enforcement personnel who seek further education, allotting 80 percent of funds based on the relative number of law enforcement officers per State and 20 percent based on the relative shortage of officers. Provides grants for summer jobs or part-time jobs during the year for high school students interested in law enforcement careers. Authorizes appropriations. Chapter 3: Reports - Requires: (1) the Director to submit to the Attorney General, the President, the Speaker of the House of Representatives, and the President of the Senate annual reports concerning the Police Corps and Law Enforcement Scholarship Programs; and (2) the Attorney General to submit to the Congress a plan to expand assistance to Federal law enforcement officers. Title II: Crime Victims - Subtitle A: Crime Victims - Amends the Victims of Crime Act of 1984 to: (1) specify funds and percentages of funds available for various purposes from the Crime Victims Fund; and (2) provide that if the compensation paid by an eligible crime victim compensation program would cover costs that a Federal program or a federally financed State or local program would otherwise pay, such victim compensation program shall not pay such compensation and the other program shall make its payments without regard to the existence of the crime victim compensation program. (Sec. 203) Amends Rule 32 of the Federal Rules of Criminal Procedure to give victims of violent crimes and sexual abuse the right to address the court concerning the sentence to be imposed on convicted offenders. Permits such right to be exercised by a parent or guardian if the victim is under 18 or by one or more family members if the victim is deceased or incapacitated. Subtitle B: Confidentiality for Abused Persons - Directs the Postmaster General to promulgate regulations to secure the confidentiality of abused persons' addresses. Subtitle C: Full Faith and Credit - Provides that any protection order issued by a State court consistent with specified requirements (with respect to jurisdiction, due process rights, and ex parte orders) shall be accorded full faith and credit by the court of another State and enforced as if it were the order of such other State. Makes an exception for an order issued by a State court against one who has petitioned, filed a complaint, or otherwise filed a written pleading for protection against abuse by a spouse or intimate partner if: (1) no cross or counter petition, complaint, or other written pleading was filed seeking such a protection order; or (2) a cross or counter petition has been filed and the court did not make specific findings that each party was entitled to such an order. Title III: Crime Prevention - Subtitle A: Safe Schools - Amends the Omnibus Act to: (1) authorize the Director of BJA to make grants to local educational agencies for the purpose of providing assistance to such agencies most directly affected by crime and violence; and (2) require the Director to develop a written safe schools model in English and in Spanish and make such model available to any local educational agency. Sets forth provisions regarding: (1) the use of funds to fund anticrime and safety measures and develop education and training programs for the prevention of crime, violence, illegal drugs, and alcohol, for counseling programs for victims of crime within schools, for crime prevention equipment, and for the prevention and reduction of youth participation in organized crime and drug- and gang-related activities in schools; (2) application requirements; (3) limitations on grants and grant renewal; (4) the selection of recipients; and (5) reporting requirements. Authorizes appropriations. Subtitle B: Midnight Sports - Directs the Attorney General to make grants to eligible entities to assist in carrying out midnight sports league programs and to advisory entities to provide technical assistance in establishing and operating such programs. Authorizes appropriations. Subtitle C: Rape Prevention - Authorizes the Director of BJA to make grants for specified purposes, including to: (1) provide educational seminars designed to change attitudes regarding rape and develop awareness of what acts may meet the legal definition of rape; (2) provide programs for elementary and secondary school age children that teach nonviolent conflict resolution, self defense, or other relevant skills; (3) develop treatment programs for convicted sex offenders and make such programs available in the local community and in Federal and State prisons; and (4) develop other projects to increase awareness of sexual assault prevention among racial, ethnic, cultural, and language minorities. (Sec. 322) Sets forth application and reporting requirements. (Sec. 324) Prohibits a State from receiving funds under this Act unless the State or other grantee incurs the full cost of forensic medical exams for victims of sexual assault. (Sec. 326) Authorizes appropriations. Title IV: Strategies to Combat Recidivism - Subtitle A: Family Unity Demonstration Project - Chapter 1: General Provisions - Authorizes appropriations for family unity demonstration projects. Chapter 2: Grants to States - Authorizes the Director of the National Institute of Corrections to make grants to States to carry out family unity demonstration projects that enable eligible prisoners to live in community correctional facilities with their children. Sets forth provisions regarding: (1) preferences for grants; (2) the number of grants; (3) eligibility to receive grants; and (4) reporting requirements. Chapter 3: Family Unity Demonstration Project for Federal Prisoners - Directs the Attorney General to carry out a family unity demonstration project that enables eligible prisoners to live in community correctional facilities with their children. Subtitle B: Drug Rehabilitation for Federal Prisoners - Drug Treatment in Federal Prisons Act of 1993 - Requires the Bureau of Prisons to provide residential substance abuse treatment (where possible, by community-based drug and alcohol treatment programs) for: (1) not less than 50 percent of eligible prisoners by the end of FY 1993; (2) not less than 75 percent of eligible prisoners by the end of FY 1994; and (3) all eligible prisoners by the end of FY 1995. Specifies that prisoners who successfully complete such treatment could be released up to a year early. Sets forth requirements regarding: (1) drug testing; (2) aftercare services; and (3) reporting requirements. Authorizes appropriations. Subtitle C: Drug Rehabilitation for State Prisoners - Substance Abuse Treatment in State Prisons Act of 1993 - Amends the Omnibus Act to authorize the Director of BJA to make grants to States for the purpose of developing and implementing residential substance abuse treatment programs within State correctional facilities. Sets forth provisions regarding: (1) State application requirements (including drug testing, eligibility for preference for programs with an aftercare component, and designation of a State office to administer grant funds); (2) review of State applications; (3) allocation and distribution of funds; and (4) an evaluation requirement. Authorizes appropriations. Subtitle D: Alternatives to Incarceration - Chapter 1: Grants - Authorizes the Director of BJA to make grants to States, units of local government, court systems, district attorneys, and private nonprofit organizations to establish or expand sentencing options in addition to existing incarceration and probation programs for offenders who would otherwise be sentenced to incarceration. (Sec. 452) Permits the use of grant funds to develop sentencing option projects that include: (1) day fines; (2) house arrest; (3) electronic monitoring; (4) intensive probation supervision; (5) defense-based sentencing; (6) day reporting centers; (7) victim-offender reconciliation; (8) shock incarceration; and (9) substance abuse treatment in lieu of incarceration. (Sec. 453) Sets forth provisions regarding: (1) grant applications; (2) grant renewal and the Federal share; and (3) priorities in awarding grants. Authorizes appropriations. Chapter 2: Substance Abuse Treatment Alternatives to Incarceration - Authorizes the Director of BJA to make grants to public and nonprofit private entities to provide substance abuse treatment to individuals who are not incarcerated but who are under criminal justice supervision because of their status as pretrial or post-trial releasees, probationers, parolees, supervised releasees, or releasees with a deferred prosecution. Sets forth provisions regarding: (1) priorities in awarding grants; (2) required substance abuse treatment services (including addiction education, individual, group, and family counseling, HIV education, counseling, and testing (when requested), services that facilitate access to health and social services, and planning for and counseling to assist reentry into society); and (3) application requirements. Authorizes appropriations. Subtitle E: Voting Rights for Former Offenders - Specifies that the right of a U.S. citizen to vote in any election for Federal office shall not be denied or abridged because he has committed a criminal offense unless such citizen is imprisoned in a correctional institution or facility at the time of such election. Sets fines for violators. Subtitle F: Sex Offender Treatment Programs - Requires the National Institute of Justice to establish criteria and develop training programs to assist: (1) prison, youth residential, and mental health institutional staff; and (2) probation and parole officers and other personnel who work with released sex offenders in the areas of relapse prevention, supervision, and case management. Authorizes appropriations. (Sec. 472) Directs the Attorney General to compile information regarding sex offender treatment programs and ensure that information regarding specialized community treatment programs in the community into which a convicted sex offender is released is made available to each person serving a sentence of imprisonment for sex offenses. Subtitle G: Education and Training for Judges and Court Personnel in State Courts - Authorizes the State Justice Institute to award grants for the purpose of developing, testing, presenting, and disseminating model programs to be used by States in training judges and court personnel in the laws of the States on rape, sexual assault, domestic violence, and other crimes of violence motivated by the victim's gender. (Sec. 483) Directs the Institute to ensure that such model programs are developed with the participation of law enforcement officials, recognized experts on gender bias in the courts, and specified others. (Sec. 484) Authorizes appropriations. Subtitle H: Education and Training for Judges and Court Personnel in Federal Courts - Directs the: (1) circuit judicial councils to conduct studies of the instances of gender bias in their respective circuits; (2) Judicial Conference of the United States to designate an entity within the judicial branch to act as a clearinghouse to disseminate reports and materials issued by the gender bias task forces and to respond to requests for such reports and materials (and requires such task forces to provide such entity with their reports and related materials); and (3) Federal Judicial Center to include in its educational programs information on issues related to gender bias in the courts. (Sec. 492) Authorizes appropriations for the: (1) salaries and expenses account of the courts of appeals, district courts, and other judicial services; (2) Federal Judicial Center; and (3) Administrative Office of the United States Courts. Requires the Judicial Conference to allocate funds to Federal circuit courts that undertake studies in their own circuits or implement reforms, including education and training, recommended as a result of such studies in their own or other circuits. Title V: Commission on Crime, Drugs, and Violence - Establishes a National Commission on Crime, Drugs, and Violence in America to examine the: (1) impact of criminal justice policy on the African-American, Hispanic, Asian, and Native American communities and criticism that the criminal justice system functions in a racially disparate manner; and (2) root causes of violent crime (and make recommendation for the creation of a national public education strategy on violence) and of the demand for drugs in the United States (and undertake an evaluation of the efficacy of current Federal drug policy). Title VI: Confidence in Criminal Justice System - Subtitle A: Racial Justice Act - Racial Justice Act of 1993 - Amends the Federal judicial code to prohibit: (1) the imposition or execution of sentences of death under color of State or Federal law in a racially discriminatory pattern; and (2) any person from being put to death in the execution of a sentence imposed pursuant to any law if that person's death sentence furthers a racially discriminatory pattern. Sets forth provisions regarding: (1) establishment of such pattern (ordinary methods of statistical proof shall suffice and it shall not be necessary to show discriminatory motive, intent, or purpose by any individual or institution); and (2) establishing and rebutting a prima facie showing of such pattern. Requires any State or Federal entity that provides by law for death to be imposed as a punishment for any crime to designate a central agency to collect and maintain pertinent data on the charging, disposition, and sentencing patterns for all cases of death-eligible crimes. Provides for appointment of counsel and the furnishing of investigative, expert, or other services necessary for the adequate development of a discriminatory pattern claim to persons financially unable to retain counsel and obtain such services. Specifies that no determination of the merits of a factual issue made by a State court pertinent to any such claim shall be presumed to be correct unless specified conditions are met. Subtitle B: Racial Bias - Specifies that any existing race bias claim, whether or not previously raised or determined (unless determined on the merits in a Federal habeas corpus proceeding) may be raised in a Federal habeas corpus proceeding within one year after the enactment date of this Act and shall be determined on the merits (applying the law in effect at the time of the determination). Subtitle C: Minimum Sentencing - Amends the Federal criminal code to grant a court authority to impose a sentence below a statutory minimum. Subtitle D: Crack-Cocaine Equitable Sentencing - Crack-Cocaine Equitable Sentencing Act of 1993 - Amends the Controlled Substances Act (CSA) and the Controlled Substances Import and Export Act to eliminate specified mandatory minimum penalties relating to the trafficking in, and possession and importation of, crack cocaine. (Sec. 635) Directs the United States Sentencing Commission to promulgate such amendments to its sentencing guidelines as necessary to conform such guidelines to the amendments made by this subtitle. Subtitle E: Sentencing Uniformity - Sentencing Uniformity Act of 1993 - Revises the Federal criminal code, the CSA, and various other Federal laws to grant courts greater flexibility in sentencing. Subtitle F: Coerced Confessions and Harmless Error - Specifies that: (1) if, on direct or collateral review of a Federal or State criminal judgment, including in a Federal habeas corpus proceeding, any U.S. court determines that a Federal or State criminal conviction or sentence was obtained in violation of the Constitution, the court shall award relief unless, in the case of a violation that can be harmless, the Federal Government or the State concerned proves beyond a reasonable doubt that the error did not contribute to the conviction or sentence; and (2) the admission into evidence of a coerced confession shall not be considered harmless error. Title VII: Fiscal Impact of Criminal Justice Sentencing - Directs the Congressional Budget Office (CBO) to prepare a criminal justice impact assessment for any bill, joint resolution, amendment, motion, or conference report (bill) that could increase or decrease the number of persons incarcerated in State or Federal penal institutions. (Sec. 702) Specifies that it shall not be in order in either the House of Representatives or the Senate to consider any bill that would increase or decrease the number of persons incarcerated in State or Federal penal institutions unless such bill is accompanied by a criminal justice impact statement prepared by CBO. (Sec. 703) Directs CBO to prepare and transmit to the Congress an annual summary report reflecting the cumulative fiscal effect of all relevant changes in the law that will increase or decrease the number of persons incarcerated in State or Federal penal institutions taking effect during the preceding calendar year. Title VIII: Habeas Corpus Reform - Habeas Corpus Reform Act of 1993 - Amends the Federal judicial code to revise provisions governing habeas corpus procedures, particularly in capital cases. (Sec. 802) Establishes a statute of limitations of one year for the filing of an application for habeas corpus relief from a sentence of death. Prescribes periods during which such time requirement shall be tolled, including any period during which the applicant is not represented by counsel. Provides for dismissal of an application for failure to comply with such time requirement, except where the waiver of such requirement is warranted by exceptional circumstances. (Sec. 803) Specifies requirements for stays of execution in capital cases. (Sec. 804) Prohibits the court from applying a new rule representing a clear break from precedent announced by the U.S. Supreme Court that could not have reasonably been anticipated at the time the claimant's sentence became final in State court, unless such rule: (1) places the claimant's conduct beyond the power of the criminal law-making authority to proscribe or punish with the sanction imposed; or (2) requires the observance of procedures without which the likelihood of an accurate conviction or valid capital sentence is seriously diminished. (Sec. 805) Bars the court from presuming a finding of fact made in certain State court proceedings to be correct or from declining to consider a claim on the ground that it was not raised in such a proceeding at the time or in the manner prescribed by State law, unless: (1) the relevant State maintains a mechanism for providing legal services to indigents in capital cases which meets specified requirements; (2) the State actually appointed an attorney to represent an applicant who was eligible for and did not waive such appointment in the State proceeding in which the finding of fact was made or the default occurred; and (3) any attorney so appointed substantially met specified qualification standards and the performance standards established by the appointing authority. Specifies that such mechanism shall include requirements that: (1) the State provide legal services to indigents charged with offenses for which capital punishment is sought, who have been sentenced to death and who seek appellate, collateral, or unitary review in State court, and who have been sentenced to death and seek certiorari review of State court judgments in the U.S. Supreme Court; (2) the State establish a counsel authority, which shall be a statewide defender organization, a resource center, or a counsel authority appointed by the highest State court having jurisdiction over criminal matters; and (3) such authority publish a roster of attorneys qualified to be appointed in capital cases, monitor attorney performance, and appoint a defense team to represent a client at the relevant stage of proceedings within 30 days after receiving notice of the need for the appointment from the relevant State court. (Sec. 806) Requires that, in the case of an applicant for Federal habeas corpus relief under sentence of death, a claim presented in a second or successive application be dismissed unless the applicant shows that: (1) the basis of the claim could not have been discovered by the exercise of reasonable diligence before the applicant filed the prior application, or the failure to raise the claim in the prior application was due to action by State officials in violation of the U.S. Constitution; and (2) the facts underlying the claim would be sufficient, if proven, to undermine the court's confidence in the applicant's guilt of the offense for which the capital sentence was imposed, or in the validity of that sentence under Federal law. (Sec. 807) Grants an applicant under sentence of death the right to appeal without a certification of probable cause, except after denial of a second or successive application. (Sec. 808) Requires the district court, in adjudicating habeas corpus cases, to: (1) exercise independent judgment in ascertaining the pertinent Federal legal standards and in applying those standards to the facts when adjudicating the merits of a particular ground (rather than deferring to a previous State court judgment regarding a Federal legal standard or its application); (2) issue habeas corpus relief at any time on behalf of an applicant under sentence of death imposed either in Federal or State court who offers newly discovered evidence which, had it been presented to the trier of fact or sentencing authority at trial, would probably have resulted in an acquittal of the offense for which the death sentence was imposed or a sentence other than death; and (3) decline to consider a habeas corpus claim under specified circumstances. Title IX: Gun Control - Subtitle A: Firearms - Amends the Federal criminal code to provide for a seven (business) day waiting period for the purchase of a handgun. Sets forth: (1) interim procedures (pending the establishment of a national instant criminal background check system) for checking with the chief law enforcement officer of the place of residence of the purchaser as to whether the purchaser has a criminal record or whether there is any other legal impediment to such individual's receiving a handgun; and (2) permanent procedures for conducting criminal background checks. Sets penalties for violations. (Sec. 902) Directs the Attorney General to establish a national instant criminal background check system that any licensee may contact for information on whether receipt of a firearm by a prospective purchaser would violate specified legal provisions. Provides for the correction of erroneous information in the system. (Sec. 903) Permits the use of formula grants under the Omnibus Act for improvements in State criminal records. Authorizes appropriations. Sets forth provisions with respect to the withholding of State and DOJ funds for failure to meet set deadlines. Subtitle B: Semiautomatic Assault Weapons - Semiautomatic Assault Weapon Violence Prevention Act of 1993 - Amends the Federal criminal code to: (1) list weapons classified as semiautomatic assault weapons; and (2) make it unlawful to transfer or possess a semiautomatic assault weapon. Makes this Act inapplicable to the transfer or possession of a weapon: (1) by a Federal or State agency; (2) that was lawfully possessed before this Act's enactment or, in the case of a semiautomatic firearm designated as a semiautomatic assault weapon under this Act, before the designation is made; or (3) by a licensed manufacturer or importer for purposes of authorized testing or experimentation. Directs the Secretary of the Treasury to designate a rifle, pistol, or shotgun that is a semiautomatic firearm and meets specified criteria as a semiautomatic assault weapon. Requires the serial numbers of such weapons to clearly show if they were manufactured or imported after this Act's effective date. (Sec. 913) Prohibits the transfer or possession of a large capacity ammunition feeding device (i.e., a magazine, belt, drum, feed strip, or similar device that has a capacity of, or that can be readily restored or converted to accept, more than ten rounds of ammunition and any combination of parts from which such a device can be assembled, but not an attached tubular device designed to accept and capable of operating only with .22 caliber rimfire ammunition). Sets penalties for violators. Requires such devices to be identified by a serial number. Subtitle C: Gun Violence Liability - Gun Violence Economic Equity Act of 1993 - Authorizes any person suffering bodily injury or death as a result of the discharge of a handgun or an assault weapon to bring an action in U.S. district court against any manufacturer, importer, or dealer of a handgun or assault weapon. Makes such defendants strictly liable for all direct and consequential damages that arise from such bodily injury or death, except where the injury is: (1) suffered while committing a felony; (2) self-inflicted; or (3) a result of a discharge by a law enforcement officer or a member of the armed forces in the line of duty. Subtitle D: Ammunition - Requires each licensed importer and manufacturer of ammunition to: (1) maintain such records of importation, production, shipment, sale, or other disposition of ammunition at his place of business for such period and in such form as the Secretary may prescribe, including the amount, caliber, and type of ammunition; and (2) annually prepare a summary report of such dispositions during the preceding year. Directs the Secretary to request the National Academy of Sciences to: (1) prepare a study of the criminal use and regulation of ammunition; and (2) report to the Congress recommendations on the potential for preventing crime by regulating or restricting the availability of ammunition. (Sec. 932) Amends the Internal Revenue Code (IRC) to: (1) increase the tax on nine millimeter, .25 caliber, and .32 caliber ammunition, except with respect to sales to or for the use of the United States or any State or political subdivision thereof; and (2) establish in the Treasury a Trauma Center Trust Fund, for purposes of making grants for the operating expenses of trauma centers that have incurred substantial uncompensated costs in providing trauma care in geographic areas with significant incidences of violence due to crime. Subtitle E: Multiple Handgun Transfers - Multiple Handgun Transfer Prohibition Act of 1993 - Amends the Federal criminal code to prohibit: (1) a licensed importer, manufacturer, or dealer from transferring two or more handguns to an individual not so licensed during any 30-day period or from transferring a handgun to any such individual who received a handgun during the previous 30-day period; and (2) any individual who is not so licensed from receiving two or more handguns during any 30-day period. Makes such prohibitions inapplicable with respect to any individual who has presented to the transferor a written statement, issued by the chief law enforcement officer of the individual's place of residence during the ten days preceding, that the individual requires access to a handgun because of a threat to his or her life or household. Sets forth: (1) reporting and recordkeeping requirements; and (2) penalties for knowing violations of this Act. Subtitle F: Licensing - Amends the Federal criminal code to prohibit: (1) a common or contract carrier knowingly to deliver in interstate or foreign commerce a firearm to a licensed importer, manufacturer, dealer, or collector without identifying the person to whom the firearm is delivered and making and maintaining a record of the identity of the person; and (2) the sale or other disposition of a firearm or ammunition to another person having reasonable cause to believe that the person is acquiring such firearm or ammunition with the intent that it will be used by any person to commit a crime of violence. (Sec. 953) Increases application fees for dealers in firearms. (Sec. 954) Repeals a provision requiring the Secretary to approve or deny an application for a license as a firearms or ammunition importer, manufacturer, or dealer (dealer) within 45 days and authorizing the applicant to file an action to compel the Secretary to act. (Sec. 955) Makes compliance with State and local law a condition for licensure as a dealer. (Sec. 956) Sets forth provisions regarding: (1) inspections of firearms licensees; (2) reports of theft or loss of firearms; and (3) responses to requests for information concerning disposition of firearms. (Sec. 959) Amends the IRC to require individuals required to register as dealers of firearms to include their photograph and fingerprints with the initial application. Subtitle G: Saturday Night Specials - Prohibits the possession or transfer of a non-sporting handgun (i.e., a firearm which is designed to be fired by the use of a single hand, is not a sporting handgun, and any combination of parts from which such a firearm can be assembled). Sets penalties for violators. Title X: Asset Forfeiture - Asset Forfeiture Reform Act of 1993 - Amends: (1) the Tariff Act of 1930 to require that proceedings for the forfeiture of property, other than of merchandise upon which the duties have not been paid or which has been otherwise brought into the United States unlawfully, be conducted only upon conviction of the owner of such property for the crime upon which the forfeiture is based; and (2) the Federal criminal code to require a conviction before a gambling ship may be forfeited to the United States. (Sec. 1003) Amends the Tariff Act to: (1) require that notice be sent within 60 days after a seizure to any possessor, owner, or other interested party, including any lienholder; (2) shift the burden of proof in forfeiture proceedings from the defendant to the Government and to require a showing of clear and convincing evidence that the property was subject to forfeiture for the Government to prevail; (3) repeal the requirement that persons making claims regarding seized property give a bond to the United States; and (4) afford a right to trial by jury in forfeiture cases. (Sec. 1005) Amends the CSA and the Federal criminal code to: (1) require a preliminary hearing prior to a seizure of property subject to civil forfeiture, with exceptions; and (2) prohibit the civil or criminal forfeiture of property which has been paid or pledged as bona fide attorney's fees. (Sec. 1014) Amends: (1) the Tariff Act, the Federal criminal code, and the CSA with respect to the retention of forfeiture proceeds by State and local law enforcement agencies, for disposition according to State law; and (2) the Federal judicial code to make forfeiture proceeds available to the Attorney General for community-based crime control programs for drug education, prevention, and treatment, with amounts for such programs to be distributed (in accordance with criteria determined by the State) with priority given to the communities in which the assets involved are seized. (Sec. 1016) Sets forth provisions regarding: (1) the payment of informants; (2) changes in adoptive seizure regulations; (3) reporting requirements; (4) maintenance of seized property; (5) limits on administrative and contracting expenses; (6) nominal consideration sales of low value real property to certain tax-exempt organizations; and (7) limits on the customs and tax exemption under tort claim procedures. Title XI: Miscellaneous Provisions - Subtitle A: Amendments to Omnibus Crime Control and Safe Streets Act - Increases the discretionary grant authorization under the drug control and system improvement grant program under the Omnibus Act. Subtitle B: Juvenile Justice and Delinquency Prevention - Increases the authorization of appropriations under the Juvenile Justice and Delinquency Prevention Act of 1974. Directs the Attorney General to: (1) evaluate the effectiveness and improve the coordination of the operation of all Federal programs relating to juvenile justice and juvenile delinquency prevention in order to maximize the effectiveness of such programs, reduce duplication of effort, and develop a unified strategy for addressing juvenile delinquency; and (2) submit to the Speaker of the House of Representatives and the President pro tempore of the Senate an annual report describing the results and containing a five-year plan for the continued operation of such programs.
Resolution· HRESH.Res. 279 (103rd)passed
United States · United States Congress · 19 October 1993
Sets forth the rule for the consideration of motions to dispose of certain Senate amendments in the conference report on H.R. 2520 (FY 1994 appropriations for the Department of the Interior and related agencies).
Bill· SS. 1561 (103rd)referred
United States · United States Congress · 18 October 1993
Amends the Internal Revenue Code to allow a charitable deduction for expenses of a whaling captain (recognized by the Alaska Eskimo Whaling Commission) in carrying out subsistence bowhead whale hunting activities.
Resolution· SRESS.Res. 152 (103rd)referred
United States · United States Congress · 18 October 1993
Amends the Standing Rules of the Senate to add a rule that makes it out of order to consider any material in any bill, joint resolution, amendment, motion, conference report, or amendment between the Houses that increases a tax retroactively. Requires an affirmative three-fifths' roll call vote of all Senators to waive this rule.
Bill· SS. 1550 (103rd)referred
United States · United States Congress · 15 October 1993
TABLE OF CONTENTS: Title I: Department of Defense Title II: Department of State Title III: Committee on Agriculture, Nutrition, and Forestry Subtitle A: Commodity Programs Subtitle B: Replacement of Federal Crop Insurance with Emergency Crop Loss Assistance Subtitle C: Other Agricultural Programs Title IV: Committee on Energy and Natural Resources Title V: Committee on Environment and Public Works Title VI: Committee on Commerce, Science, and Transportation Title VII: Civil Service Programs Title VIII: Committee on Finance Title IX: Reinventing Government Federal Spending and Deficit Reduction Act of 1993 - Title I: Department of Defense - Limits to $18 billion the total amount appropriated for FY 1994 through 1998 for programs managed by the Ballistic Missile Defense Organization. Limits the obligation of such funds to research only. (Sec. 102) Limits: (1) as of December 31, 2000, the number of nuclear warheads to be maintained by the United States (with a waiver exercised by the President under certain conditions); and (2) the total amount that may be expended by the Department of Energy for nuclear weapons research, development, and testing activities during FY 1994 through 1998. (Sec. 104) Directs the Secretary of Defense to require the secretaries of the military departments to retire at least 60,000 members of the armed forces before October, 1, 1994, under the military early retirement program. (Sec. 105) Directs the Secretary to carry out a study to determine the most cost effective alternatives for meeting| requirements for military family housing. (Sec. 106) Provides end strength and grade distribution limitations for civilian personnel of the Department of Defense (DOD). (Sec. 107) Directs the Secretary to consolidate and reduce the recruiting activities of the armed forces, with a waiver in the case of war or national emergency. (Sec. 108) Prohibits DOD funds from being used to operate any commissary store on or after October 1, 1996, unless determined necessary for the continued operation of such store due to its remote location or high costs of operation. Requires revenues received from store operations to be used to pay operating costs. Requires the Secretary to ensure that actions to increase a store's effectiveness of operations do not result in reduced benefits for store patrons and do not adversely affect stores that are in remote or high cost locations. Provides a phased reduction during FY 1994 through 1996 in the authorization of appropriations for commissary store operations. (Sec. 109) Authorizes military personnel to be used to perform a base operations function or to carry out a military construction project under certain conditions, with an exception if the cost of such performance is found to exceed its benefits. (Sec. 110) Directs the President to enter into negotiations with each member of the North Atlantic Treaty Organization (NATO) and every nation with which the United States has a bilateral or multilateral defense agreement to conclude an agreement that requires each such nation to pay a significant portion of the costs of stationing U.S. military and civilian personnel and equipment in such nation. Excludes the pay and allowances of such personnel from such costs. Title II: Department of State - Requires the Secretary of State to: (1) determine which foreign affairs programs, agencies, and activities, whether within or without the jurisdiction of the Department of State, are redundant, duplicative, outmoded, or obsolete; (2) undertake actions necessary to streamline, consolidate, or eliminate those programs, agencies, or activities under the Department's jurisdiction such that funding equals a level constant in real terms (inflation-adjusted) with the funding level in 1984; and (3) report to the Congress on those programs, agencies, and activities outside the Department's jurisdiction which are redundant, outmoded, or obsolete. Title III: Committee on Agriculture, Nutrition, and Forestry - Subtitle A: Commodity Programs - Amends the Agricultural Act of 1949 to reduce deficiency payments for wheat, feed grains, cotton, and rice. (Sec. 302) Reduces the base acreage eligible for deficiency payments. (Sec. 303) Increases dairy producer program contributions. (Sec. 304) Amends the Agricultural Adjustment Act to revise milk marketing order provisions, including elimination of minimum regional price adjustments and parity price determinations. (Sec. 305) Repeals the National Wool Act of 1954 (eliminates the wool and mohair price support program). (Sec. 306) Amends the Agricultural Act of 1949 to eliminate the honey price support program. Subtitle B: Replacement of Federal Crop Insurance with Emergency Crop Loss Assistance - Amends the Agricultural Act of 1949 to replace the Federal crop insurance program with an emergency crop loss assistance program for: (1) annual crops (program and nonprogram target crops, peanuts, sugar, and tobacco, soybeans and nonprogram crops, forage crops, and crop quality reduction payments); (2) orchards; and (3) forest crops. Authorizes appropriations. Subtitle C: Other Agricultural Programs - Repeals title I (sales) and title II (grants) of the Agricultural Trade Development and Assistance Act of 1954. (Sec. 332) Amends the Rural Electrification Act of 1936 to eliminate the interest rate subsidy for Rural Electrification Administration direct loans. (Sec. 333) Directs the Secretary of Agriculture to consolidate specified Department of Agriculture field offices. Title IV: Committee on Energy and Natural Resources - Amends the National Forest Management Act of 1976 to prohibit the Secretary of Agriculture from selling any timber on National Forest System lands for which sales revenues are less than the legal minimum bid. (Sec. 402) Amends the Tennessee Valley Authority Act of 1933 to preclude the use of Federal funds to: (1) support or implement a recreational activity or program; or (2) establish or maintain the National Fertilizer and Environmental Research Center. Prohibits the Board of Directors (the Board) of the Tennessee Valley Authority (TVA) from using Federal funds for stewardship activities unrelated to the power system. Authorizes the Board to develop and implement a user fee mechanism for: (1) users of TVA stewardship activities that are unrelated to the power system to cover the costs of such nonpower-related activities; and (2) users of power from the system to cover the costs of all stewardship activities. (Sec. 403) Amends specified Federal law relating to power regulation and development to mandate that all moneys received from Federal power sales be deposited in the Treasury through uniform annual payments that consist of equal amounts of principal and interest and that reflect a commencement of payments for each project with the first year in which project electric power and energy is delivered to the Secretary of Energy. (Sec. 404) Amends the Federal Land Policy and Management Act of 1976 to direct the Secretaries of Agriculture and the Interior to establish, according to prescribed guidelines, an annual domestic livestock grazing fee equal to fair market value in certain National Forest System and public domain lands within their respective jurisdictions. Directs the Secretary of the Interior, acting through the Director of the National Park Service, to establish a fee structure for entrance and user fees at public lands that are part of the National Park System. Title V: Committee on Environment and Public Works - Prohibits: (1) the Secretary of Transportation from carrying out, or entering into any agreement to carry out, a highway demonstration project described in the Intermodal Surface Transportation Efficiency Act of 1991 in FY 1994 through 1998, except in the case of an agreement entered into before March 31, 1994; and (2) the expenditure of funds in such fiscal years for such a project. Rescinds: (1) any amounts set aside or otherwise made available for such projects that are not expended as a result of this title; and (2) the underlying appropriations for such amounts. Title VI: Committee on Commerce, Science, and Transportation - (Sec. 601) Amends the Communications Act of 1934 (the Act) to subject revenues from the use of the electromagnetic spectrum pursuant to any initial license of construction permit issued after the enactment of this Act to a royalty of four percent. Subjects any licensee who knowingly or willfully submits inaccurate information or who fails to submit information required under this title to forfeiture of the license. (Sec. 602) Requires the Secretary of Transportation to develop and implement a system to require the payment of a user fee for the inland waterway transportation system to generate revenues sufficient to fully recover operation, maintenance, and construction costs. Title VII: Civil Service Programs - Amends Federal civil service law to require each Federal agency to prefund the Government share of its annuitants' Federal health insurance coverage. (Sec. 702) Repeals provisions excluding senior executives from the limitation on the accumulation of annual leave. (Sec. 703) Eliminates administratively uncontrollable overtime pay, except for law enforcement officers. Title VIII: Committee on Finance - Amends title XVIII (Medicare) of the Social Security Act to: (1) authorize the Secretary of Health and Human Services to impose a one dollar fee for processing paper part B (Supplementary Medical Insurance) claims; and (2) reduce reimbursements for items and services not billed electronically by the amount of any such fee imposed. (Sec. 802) Directs the Secretary of the Treasury to establish a program for the issuance and sale of import licenses at public auction to administer quantitative restrictions with respect to textiles and textile products and sugar. Title IX: Reinventing Government - Provides that, in any fiscal year, any agency with budget authority appropriated in operation accounts which will be unobligated on the last day of such fiscal year, and will expire at the end of such day, may place up to 50 percent of such budget authority into an agency innovation fund to be established for specified activities for each executive agency of the Federal Government. Requires any funds transferred to one of these funds to remain available for obligation for a qualified purpose for an additional two years beyond the date the funds would otherwise have expired.
Resolution· HRESH.Res. 276 (103rd)passed
United States · United States Congress · 15 October 1993
Waives points of order against the consideration of the conference report on H.R. 2519 (making appropriations for the Departments of Commerce, Justice, and State, the Judiciary, and related agencies for FY 1994).
Bill· SS. 1543 (103rd)referred
United States · United States Congress · 14 October 1993
Cancer Screening Incentive Act of 1993 - Amends the Internal Revenue Code to allow a refundable tax credit for expenditures (not paid by insurance or otherwise) incurred by the taxpayer for qualified cancer screening tests.
Bill· SS. 1540 (103rd)referred
United States · United States Congress · 13 October 1993
Property Tax Fairness Act of 1993 - Amends Federal transportation law to define "true market value" with respect to rail transportation property to mean the actual fair market value of such property as determined by the assessing State officials, State subdivision, or any authority acting for such State or State subdivision, and as modified upon State court review, if any, before application of any assessment percentage or ratio. Repeals a specified provision that prohibits such entities from imposing another tax that discriminates against a rail carrier because such act unreasonably burdens and discriminates against interstate commerce. Grants exclusive original jurisdiction to determine the existence of violations committed with respect to the assessment of the value of rail transportation property or the imposition of a tax on such property to State administrative and judicial agencies (currently, jurisdiction is concurrent with U.S. district courts and State courts).
Bill· HRH.R. 3269 (103rd)open
United States · United States Congress · 13 October 1993
Veterans Adjudication Procedures Act of 1993 - Directs the Secretary of Veterans Affairs to provide that, under the work rate standards that apply to Department of Veterans Affairs employees who adjudicate claims for benefits that have been submitted to the Secretary, such employees shall not receive credit for work on a claim until the claim decision becomes final. Requires the Secretary to report annually to the Congress the status of claims for benefits before the Department during the preceding fiscal year, including the average length of time required for such adjudications. Requires a rating official to make the initial determination of the Secretary on all original and reopened claims filed with the Secretary. Allows a single member (currently three) of the Board of Veterans' Appeals to be assigned to and make a determination on a proceeding before such Board. Makes such decision final unless the Chairman of such Board orders reconsideration, in which case three other Board members must hear the proceeding. Subjects decisions made by the Secretary or the Board to revision or reversal on the grounds of clear and unmistakable error.
Bill· HRH.R. 3267 (103rd)referred
United States · United States Congress · 13 October 1993
TABLE OF CONTENTS: Title I: Supplemental Appropriations for Full Employment Economy Title II: Work Hours Title III: Wages Title IV: Tax Incentives for Full Employment Title V: Entitlement Programs Full Employment Act for Fiscal Year 1994 - Title I: Supplemental Appropriations for Full Employment Economy - Makes supplemental appropriations for FY 1994 to: (1) the Department of Agriculture for watershed and flood prevention operations, rural water and waste disposal grants, the special supplemental food program, and the National Forest System; (2) the Small Business Administration for the business loans program account; (3) the Department of the Interior for the National Park System; (4) the Department of Energy for energy conservation activities; (5) the Department of Labor for training and employment services and community service employment for older Americans; (6) the Department of Health and Human Services for health resources and services, the Office of the Assistant Secretary for Health, and children and families services programs; (7) the Department of Education for compensatory education for the disadvantaged and student financial assistance; (8) the Department of Transportation for grants-in-aid for airports, Federal-aid highways, grants to the National Railroad Passenger Corporation, and formula grants; (9) the Department of the Treasury for Internal Revenue Service information systems; (10) the Department of Housing and Urban Development for homeless assistance and community development grants; and (11) the Environmental Protection Agency for construction grants. Title II: Work Hours - Amends the Fair Labor Standards Act of 1938 to require overtime to be paid at two times the regular hourly rate (currently, one- and one-half times). Reduces the regular 40-hour workweek to a 30-hour workweek. Title III: Wages - Establishes the minimum wage at $7 an hour. Title IV: Tax Incentives for Full Employment - Expresses the sense of the Congress that appropriate tax incentives should be provided to businesses that hire new employees, create new jobs, provide ongoing education and training for their employees, provide child care arrangements for their employees, establish health care plans for their employees, and undertake research and development. Title V: Entitlement Programs - Expresses the sense of the Congress that individuals who receive assistance under any Federal entitlement program should seek to obtain employment providing livable wages and, where appropriate, affordable child care arrangements.
Bill· HRH.R. 3266 (103rd)referred
United States · United States Congress · 13 October 1993
Reduces discretionary spending limits for FY 1994 by the amount of rescissions under this Act.
Resolution· HRESH.Res. 275 (103rd)passed
United States · United States Congress · 13 October 1993
Waives points of order against the consideration of the conference report on H.R. 2491 (FY 1994 appropriations for the Departments of Veterans Affairs and Housing and Urban Development and certain independent agencies and entities).
Bill· HRH.R. 3261 (103rd)open
United States · United States Congress · 12 October 1993
Amends the Internal Revenue Code to make Internal Revenue Service employees personally liable for a portion of litigation costs resulting from arbitrary, capricious, or malicious acts. Increases (from $100,000 to $1 million) the limitation on recovery of civil damages for certain unauthorized collection actions. Places the burden of proof upon the Secretary of the Treasury with respect to the issue of whether any person has been guilty of fraud with intent to evade tax.
Bill· SS. 1533 (103rd)open
United States · United States Congress · 7 October 1993
TABLE OF CONTENTS: Title I: Improved Access to Affordable Health Care Subtitle A: Increased Availability and Continuity of Health Coverage for Employees and Their Families Subtitle B: Reform of Health Insurance Marketplace for Small Business Subtitle C: Preemption Subtitle D: Health Deduction Fairness Subtitle E: Improved Access to Community Health Services Subtitle F: Improved Access to Rural Health Services Subtitle G: State Flexibility in the Medicaid Program: The Medical Health Allowance Program Subtitle H: Medicaid Program Flexibility Title II: Health Care Cost Containment and Quality Enhancement Subtitle A: Medical Malpractice Liability Reform Subtitle B: Administrative Cost Savings Subtitle C: Deduction for Cost of Catastrophic Health Plan; Medical Savings Accounts Subtitle D: Anti-Fraud Subtitle E: Medicare Payment Changes; Part B Premium Tax for High-Income Individuals Subtitle F: Removing Anti-Trust Impediments Subtitle G: Encouraging Enforcement Activities of Medical Self-Regulatory Entities Subtitle H: Prefunding Government Health Benefits for Certain Annuitants Subtitle I: Miscellaneous Provisions Title III: Long-Term Care Subtitle A: Tax Treatment of Long-Term Care Insurance Subtitle B: Protection of Assets Under Medicaid Through Use of Qualified Long-Term Care Insurance Subtitle C: Studies Subtitle D: Volunteer Service Credit Demonstration Projects Affordable Health Care Now Act of 1993 - Title I: Improved Access to Affordable Health Care - Subtitle A: Increased Availability and Continuity of Health Coverage for Employees and Their Families - Part 1: Required Coverage Options for Eligible Employees, Spouses, and Dependents - Requires each employer to make available to each eligible employee a group health plan under which: (1) coverage of each eligible individual with respect to such employee may be elected on an annual basis; (2) coverage is provided for at least the required coverage specified; and (3) employees may elect to have premiums collected through payroll deduction. Does not require employer contributions to the cost of coverage under such a plan. Provides for the exclusion of: (1) employers who have been employers for less than two years or who have no more than two eligible employees or no more than two eligible employees not covered under any group health plan; and (2) family members under specified circumstances. Specifies that a group health plan shall not be treated as failing to meet the requirements of this Act solely because a period of service by an eligible employee of not more than 60 days is required for coverage. Specifies that the required coverage is standard coverage, except that in the case of a small employer that has not contributed during the previous plan year to the cost of coverage for any eligible employee under any group health plan, the required coverage for the plan year is coverage under a MedAccess standard, MedAccess catastrophic, and MedAccess medisave plan. Provides for a five-year transition for existing group health plans. (Sec. 1002) Sets forth provisions regarding: (1) compliance with applicable requirements through multiple employer health arrangements; and (2) coverage options under a State medical health allowance program. Part 2: Preexisting Conditions and Continuity of Coverage; Renewability - Prohibits a group health plan from imposing (and an insurer from requiring an employer from imposing through a waiting period for coverage under a plan or similar requirement) a limitation or exclusion of benefits relating to treatment of a preexisting condition if: (1) the condition relates to a condition that was not diagnosed or treated within three months before the date of coverage under the plan; or (2) the limitation or exclusion extends over more than six month after the date of coverage, applies to an individual who, as of the date of birth, was covered under the plan, or relates to pregnancy. Specifies that, in the case of an individual who is eligible for coverage under a plan but for a waiting period imposed by the employer, the individual shall be treated as having been covered under the plan as of the earliest date of the beginning of the waiting period. (Sec. 1012) Requires each group health plan to waive any period applicable to a preexisting condition for similar benefits with respect to an individual to the extent that the individual, prior to enrollment in such plan, was covered for the condition under any other health plan. (Sec. 1013) Prohibits: (1) a multiemployer plan and an exempted multiple employer health plan from canceling or denying renewal of coverage under such a plan for an employer other than for nonpayment of contributions, fraud or other misrepresentation, noncompliance with plan provisions, or misuse of a provider network provision, or because the plan is ceasing to provide any coverage in a geographic area; (2) an insurer from canceling a health insurance plan or denying renewal of coverage other than as prescribed above; and (3) an insurer who terminates the offering of health insurance plans in an area from offering such a plan to any employer in the area until five years after the date of the termination. Part 3: Enforcement; Effective Dates; Definitions - Makes provisions of the Employee Retirement Income Security Act of 1974 applicable with respect to enforcement of this Act (by the Department of Labor). Amends the Internal Revenue Code (Code) to impose a tax ($100 per day for each individual involved, subject to specified limitations) on the failure of an insurer to comply with the requirements under part 2 unless the Secretary of Health and Human Services (Secretary) determines that the State has in effect a regulatory enforcement mechanism that provides adequate sanctions. Subtitle B: Reform of Health Insurance Marketplace for Small Business - Requires each insurer that makes available a health insurance plan to a small employer in a State to make available to each small employer in the State a MedAccess standard, MedAccess catastrophic, and MedAccess medisave plan, with exceptions for health maintenance organizations (HMOs) and if a State provides for guaranteed availability (rather than guaranteed issue). Requires each insurer that offers a MedAccess plan to a small employer in a State to accept: (1) every small employer in the State that applies for coverage; and (2) every eligible individual who applies for enrollment on a timely basis. Sets forth provision regarding: (1) special rules for HMOs; (2) timely enrollment requirements; and (3) enrollment of spouses and dependents. Makes such requirements inapplicable in a State that has provided (in accordance with specified standards) a mechanism under which each insurer offering a health insurance plan to a small employer in the State must participate in a program for assigning high-risk small employer groups (or individuals within such a group) among some or all such insurers, if the insurers comply. (Sec. 1102) Defines "MedAccess plan" as a health insurance plan that: (1) is designed to provide standard coverage with substantial cost-sharing, only catastrophic coverage, or medisave coverage; (2) includes only essential and medically necessary services; (3) meets applicable requirements relating to guaranteed issue; and (4) meets specifies consumer protection standards. Defines "MedAccess standard plan," "MedAccess catastrophic plan," and "MedAccess medisave plan" to mean a MedAccess plan that provides for at least standard coverage, for only catastrophic coverage, or medisave coverage, respectively. Requests the National Association of Insurance Commissioners (NAIC) to submit to the Secretary a set of rules which NAIC determines is sufficient for determining, in the case of any health insurance plan and for purposes of this subtitle, the actuarial value of the coverage offered by the plan. Directs the Secretary to certify such set of rules for use under this subtitle if they meet such requirements or establish such a set of rules. Specifies that a health insurance plan is considered to provide: (1) standard coverage if the benefits are determined, in accordance with certified rules of actuarial equivalence, to have a value that is within five percentage points of an established target actuarial value for standard coverage; (2) catastrophic coverage if benefits are available under the plan for a year only to the extent that expenses for covered services in a year exceed a deductible amount that is consistent with a specified requirement for a catastrophic health plan under the Code, and are determined, in accordance with certified actuarial equivalence rules, to have a value that is within five percentage points of an established target actuarial value for catastrophic coverage; and (3) medisave coverage if such plan consists of a catastrophic health plan within the meaning of the Code and a medical savings account. Requests NAIC to submit to the Secretary target actuarial values for standard and catastrophic coverage. Permits NAIC to submit periodic revisions of, and permits the Secretary to revise, the set of rules of actuarial equivalence and target actuarial values where necessary to take into account changes in the relevant types of health benefits provisions, in deductible levels for catastrophic coverage, or in relevant demographic conditions. (Sec. 1103) Directs the Secretary to request NAIC to develop model regulations that specify standards with respect to requirements: (1) that insurers make available MedAccess plans; (2) of guaranteed availability of MedAccess plans to small employers; (3) relating to limits on premiums and certain consumer protections; and (4) relating to limitation of annual premium increases. Requires the Secretary to review such standards and, if NAIC fails to specify standards meeting such requirements, to promulgate standards. Sets forth provisions regarding: (1) the application of MedAccess standards and consumer protection standards by the States; and (2) the Federal role. (Sec. 1104) Sets forth provisions: (1) regarding limits on premiums and annual premium increases; and (2) requiring an insurer, at the time of offering a health insurance plan to a small employer, to fully disclose rating practices for health insurance plans, including rating practices for different populations and benefit designs. (Sec. 1106) Directs the Secretary to: (1) request NAIC to develop models for reinsurance or allocation of risk mechanisms for health insurance plans made available to small employers for whom an insurer is at risk of incurring high costs under the plan; and (2) review such models or specify models. Sets forth provisions regarding implementation of reinsurance or allocation of risk mechanisms by the States and the Federal role. Amends the Code to provide for the imposition of a tax on any health insurance plan which covers any employee in a Federal reinsurance State. (Sec. 1108) Directs the Secretary to establish an Office of Private Health Care Coverage. Requires the Office Director to submit to the Congress annual reports evaluating health care coverage reform. (Sec. 1109) Authorizes the Director to conduct: (1) research on the impact of this subtitle on the availability of affordable health coverage for employees and dependents in the small employers group health care coverage market and other specified topics; and (2) demonstration projects relating to such topics. Requires the Director to develop: (1) methods for measuring the relative health risks of eligible individuals in terms of the expected costs of providing benefits under health insurance plans and, in particular, MedAccess plans; and (2) a model for equitably distributing health risks among insurers in the small employer health care coverage market. Authorizes appropriations. Subtitle C: Preemption - Part 1: Scope of State Regulation - Prohibits: (1) State benefit mandates for group health plans; and (2) State or local law prohibitions against two or more employers obtaining coverage under an insured multiple employer health plan. (Sec. 1203) Preempts State restrictions concerning: (1) reimbursement rates or selective contracting; (2) differential financial incentives; and (3) utilization review methods. Directs the Comptroller General to conduct a study of the benefits and cost effectiveness of the use of managed care in the delivery of health services. Part 2: Multiple Employer Health Benefits Protections - Amends the Employee Retirement Income Security Act of 1974 (ERISA) to allow a limited exemption under preemption rules for multiple employer plans providing health benefits subject to certain Federal standards. (Sec. 1212) Relieves exempted multiple employer plans providing medical care benefits of certain restrictions on preemption of State law. Treats such plans as employee welfare benefit plans. Allows commencement of new arrangements only if such exemption is in effect or an application is pending and the Secretary of Labor determines that provisional protection is appropriate. Sets forth exemption procedures, eligibility requirements, and additional requirements applicable to exempted arrangements. Requires certain disclosures to participating employers, maintenance of reserves, and corrective actions. Provides for expiration, suspension, and revocation of exemptions, and for review of actions by the Secretary. (Sec. 1213) Revises provisions relating to scope of preemption rules, and to treatment of single employer arrangements and of certain collectively bargained arrangements. (Sec. 1215) Establishes special rules for employee leasing healthcare arrangements. Treats such arrangements as multiple employer welfare arrangements except when they are multiple employer health plans. (Sec. 1216) Sets forth enforcement provisions relating to multiple employer welfare arrangements and employee leasing health care arrangements. (Sec. 1217) Sets forth filing requirements for multiple employer welfare arrangements. (Sec. 1218) Provides for cooperation between Federal and State authorities in enforcing ERISA requirements for multiple employer welfare arrangements with the limited exemption. Part 3: Encouragement of Multiple Employer Arrangements Providing Basic Health Benefits - Amends the Internal Revenue Code to eliminate the commonality of interest or geographic location requirement for tax exempt trust status for multiple employer health plans and insured multiple employer health plans if they meet certain requirements under ERISA and this Act. Part 4: Simplifying Filing of Reports for Employers Covered under Insured Multiple Employer Health Plans - Amends ERISA to direct the Secretary of Labor to prescribe an alternative method providing for a single annual report with respect to all employers who are covered under the same insured multiple employer health plan. Part 5: Compliance with Coverage Option Requirements - Provides for compliance with applicable coverage requirements through multiemployer plans and other multiple employer health arrangements. Subtitle D: Health Deduction Fairness - Amends the Internal Revenue Code to provide: (1) for a permanent extension and increase in the health insurance tax deduction for self-employed individuals; and (2) that the deduction for certain health insurance costs be determined without regard to an adjusted gross income threshold. Disallows the deduction to individuals eligible for employer-subsidized coverage. Allows the deduction whether or not the individual itemizes other deductions. Subtitle E: Improved Access to Community Health Services - Part 1: Increased Authorization for Community and Migrant Health Centers - Directs the Secretary to provide for grants to migrant and community health centers to promote primary health care services for underserved individuals. Allows grants to be used to promote the provision of off-site services, to improve birth outcomes in areas with high infant mortality and morbidity, to establish primary care clinics in areas in need, and for recruitment and training costs of necessary providers and operating costs for unreimbursed services. Authorizes appropriations. Directs the Secretary to conduct a study of the impact of such grants on access to health care, birth outcomes, and the use of emergency room services. Part 2: Grants for Projects for Coordinating Delivery of Services - Amends the Public Health Service Act to authorize the Secretary to make grants to public and nonprofit private entities: (1) to carry out demonstration projects to increase access to outpatient primary health services in specified geographic areas (i.e., areas that are rational areas for the delivery of health services, have a population of not more than 500,000 individuals, and have been designated by the Secretary as areas with a shortage of personal health services or that have a significant number of individuals with low incomes or insufficient health care insurance through coordinating the delivery of such services under Federal, State, local, and private programs; and (2) for developing plans to carry out such projects. Authorizes appropriations. Subtitle F: Improved Access to Rural Health Services - Part 1: Establishment of Rural Emergency Access Care Hospitals Under Medicare - Amends title XVIII (Medicare) of the Social Security Act (SSA) to provide for: (1) establishment of rural emergency access care hospitals under Medicare; and (2) coverage of and payment for rural emergency access care hospital services under Medicare part B (Supplementary Medical Insurance). Part 2: Rural Medical Emergencies Air Transport - Amends the Public Health Service Act to direct the Secretary to make grants to States to assist in the creation or enhancement of air medical transport systems that provide victims of medical emergencies in rural areas with access to treatments. Sets forth provisions regarding: (1) application and State plan requirements; (2) considerations in awarding grants; (3) State administration and use of grants; (4) the number of grants; and (5) reporting requirements. Authorizes appropriations. Part 3: Emergency Medical Services Amendments - Amends the Public Health Service Act to direct the Secretary to: (1) establish an Office of Emergency Medical Services, headed by a Director; (2) engage in specified emergency medical services activities, including disseminating information obtained in carrying out specified activities to public and private entities, providing technical assistance to State and local agencies, coordinating Department of Health and Human Services (DHHS) activities with those of other Federal agencies; and (3) ensure that such activities are carried out consistent with certain requirements regarding maintaining an adequate number of health professionals with expertise in the provision of services, developing, periodically reviewing, and revising as appropriate guidelines for the provision of such services, appropriately using available technologies, and serving the unique needs of underserved inner-city and rural areas. (Sec. 1522) Authorizes the Secretary to make grants to States for the purpose of improving the availability and quality of emergency medical services through the operation of State offices of emergency medical services, subject to specified matching fund, budgetary, and other requirements. (Sec. 1523) Provides for demonstration projects to establish telecommunications between rural medical facilities and medical facilities with expertise or equipment. Directs the Secretary to ensure that the telecommunications technologies demonstrated include interactive video telecommunications, static video imaging transmitted through the telephone system, and facsimiles transmitted through such system. (Sec. 1524) Authorizes appropriations for: (1) emergency medical services (including for State offices of Emergency Medical Services and for telecommunications demonstrations); and (2) trauma care and certain other activities. Subtitle G: State Flexibility in the Medicaid Program: The Medical Health Allowance Program - Amends SSA title XIX (Medicaid) to provide for the establishment of State health allowance programs under which the State makes payments to a group health plan which provides coverage to an eligible individual as an allowance towards the costs of providing the individual with benefits under the plan. Subtitle H: Medicaid Program Flexibility - Amends SSA title XIX Medicaid) to modify: (1) Federal requirements to allow States more flexibility in contracting for coordinated care services under Medicaid; and (2) provisions regarding the extension of certain waivers. Title II: Health Care Cost Containment and Quality Enhancement - Subtitle A: Medical Malpractice Liability Reform - Part 1: General Provisions - Makes this subtitle applicable with respect to any medical malpractice liability claim and to any medical malpractice liability action brought in State or Federal court, except a claim or action for damages arising from a vaccine-related injury or death to the extent that title XXI of the Public Health Service Act applies. Sets forth provisions regarding: (1) preemption of State law; (2) effect on sovereign immunity and choice of law or venue; (3) jurisdiction; and (4) effective dates. Part 2: Medical Malpractice and Product Liability Reform - Prohibits a medical malpractice liability action from being brought in any State court during a calendar year unless the relevant claim has been initially resolved (i.e., a decision has been reached on whether the defendant is liable to the plaintiff for damages and on the amount of damages) under a certified alternative dispute resolution (ADR) system or an alternative Federal system. Prohibits a medical malpractice liability action from being brought in Federal court based on diversity of citizenship during a calendar year unless the relevant claim has been initially resolved under such a system in the State whose law applies. Directs the Attorney General to establish an ADR process for tort claims consisting of medical malpractice liability claims brought against the United States under chapter 171 of the Federal judicial code (U.S. Court of Federal Claims). Prohibits a medical malpractice liability action based on such a claim from being brought in any Federal court unless the claim has been initially resolved under such process. Sets forth procedures for filing actions. (Sec. 2012) Limits to $250,000 the amount of noneconomic damages that may be awarded to a claimant and family members in a medical malpractice liability action. Sets limits on punitive damages and on periodic payments for future losses. (Sec. 2013) Set forth provisions regarding: (1) limits on attorney fees and other costs; (2) joint and several liability (generally, liability may be found only for those damages directly attributable to the person's proportionate share of fault or responsibility for the injury); (3) a statute of limitations of seven years; and (4) a uniform standard for determining negligence (the defendant's conduct at the time of providing the health care services was not reasonable). (Sec. 2017) Specifies that in the case of a medical malpractice liability claim relating to services provided during labor or the delivery of a baby, if the health care professional did not previously treat the injured individual for the pregnancy, the trier of fact may not find that the defendant committed malpractice nor assess damages unless the malpractice is proven by clear and convincing evidence. Part 3: Requirements for State Alternative Dispute Resolution Systems - Lists requirements for State ADR systems, including that such a system: (1) applies to all medical malpractice liability claims under the jurisdiction of the courts of that State; (2) requires that a written opinion resolving the dispute be issued within six months after each party against whom the claim is filed has received notice of the claim; (3) is approved by the State or local governments; (4) provides for the transmittal to the State agency responsible for monitoring or disciplining health care professionals and providers of any findings of malpractice; and (5) provides for the regular transmittal of information on disputes resolved under the system to the Administrator for Health Care Policy and Research in a manner that protects the identity of the parties involved. (Sec. 2032) Directs the Secretary, by October 1 of each year, to certify State ADR systems that meet such requirements. Directs the Secretary to establish an alternative Federal ADR system for the resolution of medical malpractice liability claims in States that do not have in effect a certified ADR system. (Sec. 2033) Directs the Secretary, within five years, to submit to the Congress a report describing and evaluating State ADR systems and the alternative Federal system, including: (1) information on the effect of the ADR systems on health care costs, access to health care, and quality of care provided within the State; and (2) to the extent that such report does not provide information on no-fault systems operated by States as ADR systems, an analysis of the feasibility and desirability of establishing a system for resolving medical malpractice liability claims on a no-fault basis. Part 4: Other Provisions Relating to Medical Malpractice Liability - Authorizes a State agency responsible for disciplinary actions for a type of health care practitioner to enter into agreements with State or county professional societies to permit their participation in the licensing of such practitioner and to review any health care malpractice action, claims, or allegation, or other information concerning the practice patterns of any such practitioner. Sets forth agreement requirements. (Sec. 2042) Directs the Secretary to study incentives adopted by State and local governments, insurers, medical societies, and other entities to encourage physicians to volunteer to provide health care services in medically underserved areas. (Sec. 2043) Directs each State to require: (1) each health care professional and health care provider to participate in a risk management program to prevent, and provide early warning of, practices which may result in injuries to patients or endanger patient safety; and (2) each provider of health care professional and provider liability insurance in the State to establish risk management programs or sanction programs of risk management for health care professionals and providers provided by other entities, and require each such professional or provider, as a condition of maintaining insurance, to participate in one such program at least once in each three-year period. (Sec. 2044) Directs the Secretary to make grants: (1) for basic research in the prevention of, and compensation for, injuries resulting from health care professional or provider malpractice and for research of the outcomes of health care procedures; (2) to the States to assist in improving their ability to license and discipline health care professionals; and (3) to States and local governments, private nonprofit organizations, and health professional schools for educating the general public about the appropriate use of health care, realistic expectations of medical intervention, and the resources and role of health care professional licensing and disciplinary boards in investigating claims of incompetence or health care malpractice, and for developing programs of faculty training and curricula for educating health care professionals in quality assurance, risk management, and medical injury prevention. Authorizes appropriations. Subtitle B: Administrative Cost Savings - Part 1: Standardization of Claims Processing - Directs the Secretary to adopt standards relating to: (1) data elements for use in paper and electronic claims processing under health benefit plans and in utilization review and management of care; (2) uniform claims forms; and (3) uniform electronic transmission of the data elements. (Sec. 2102) Authorizes the Secretary, two years after standards are adopted for classes of services upon determining that a significant number of claims for benefits for such services under health benefit plans are not being submitted in accordance with such standards, to require that all providers of such services submit claims to health benefit plans in accordance with such standards. (Sec. 2103) Directs the Secretary to: (1) provide for the ongoing receipt and review of comments and suggestions for changes in the standards adopted and promulgated; (2) establish a schedule for the periodic review of such standards; and (3) revise such standards. Part 2: Electronic Medical Data Standards - Directs the Secretary to promulgate standards for hospitals concerning electronic medical data, including standards for transmission of such data and confidentiality of patient-specific information. Authorizes the Secretary to periodically revise such standards. (Sec. 2112) Sets forth requirements with respect to: (1) the sharing of hospital information under Medicare; (2) waiver of such requirements; and (3) application of such requirements to hospitals of the Department of Veterans Affairs. (Sec. 2113) Authorizes the head of a Federal agency to require a provider to present and transmit a required data element electronically in accordance with applicable presentation or transmission standard. (Sec. 2114) Sets forth limitations on data requirements where standards with respect to data elements are in effect. (Sec. 2115) Directs the Secretary to establish an advisory commission on the standards established under this part and operational concerns about the implementation of such standards. Authorizes appropriations. Part 3: Development and Distribution of Comparative Value Information - Directs the Secretary to determine whether each State is developing and implementing a health care value information program that meets specified criteria and a specified schedule. Authorizes the Secretary to: (1) make grants to enable each State to plan development and initiate implementation of its health care value information program; and (2) recover the amount of such a grant by offset against any other amount payable to the State under the Social Security Act under specified circumstances. Authorizes appropriations. (Sec. 2122) Directs the Secretary to take actions necessary to implement a comparable program in a State that fails to develop or implement a health care value information program in accordance with such criteria and schedule. Authorizes the Secretary to charge fees for the information materials provided pursuant to such a program. (Sec. 2123) Directs the head of each Federal agency with responsibility for the provision of health insurance or health care services to individuals to develop health care value information relating to each program that such head administers and covering the same types of data that a State program meeting such criteria would provide. (Sec. 2124) Directs the Secretary to: (1) develop model systems to facilitate the gathering of data on health care cost, quality, and outcome and the analysis of such data in a manner that will permit the valid comparison of such data among providers and among health plans; (2) support experimentation with different approaches to achieve such objectives in the most cost effective manner; and (3) evaluate the various methods to determine their relative success. Authorizes the Secretary to establish standards for the collective and reporting of data on health care cost, quality, and outcomes. Authorizes appropriations. Part 4: Additional Standards and Requirements; Research and Demonstrations - Directs the Secretary to: (1) adopt standards relating to the design and use of magnetized Medicare identification cards to assist health care providers in determining whether individuals are eligible for benefits for provided services under the Medicare program and in billing the Medicare program for covered services; (2) take steps to encourage and assist States in the design and use of magnetized Medicaid identification cards under their Medicaid plans; and (3) establish a Medicare and Medicaid information system to provide information on group health and other health benefit plans that are primary payors to the Medicare and Medicaid programs. Authorizes appropriations. (Sec. 2132) Specifies that, effective January 1, 1994, no effect shall be given to any provision of State law that requires medical or health insurance records (including billing information) to be maintained in written, rather than electronic, form. (Sec. 2133) Requires, effective January 1, 1995, each health benefit plan: (1) to use a beneficiary's social security number as the personal identifier for claims processing and related purposes (authorizes the Secretary to impose a civil money penalty on any plan that fails to do so); and (2) to use the unique identifier under title XVIII of the Social Security Act (Medicare) for a provider that furnishes health care items or services to a beneficiary under the plan as the identifier of that provider for claims processing and related purposes. (Sec. 2134) Directs the Secretary to: (1) determine, where benefits are payable under two or more health benefit plans, whether problems relating to the rules for determining the liability of plans or the availability of information among plans causes significant administrative costs; and (2) promulgate standards, if the implementation of standards would significantly reduce such administrative costs. Authorizes the Secretary to impose a civil money penalty on plans that fail to comply with such standards. (Sec. 2135) Directs the Secretary to provide grants to qualified entities for research on the application of comprehensive information systems in continuously monitoring and improving patient care. Authorizes the Secretary to make grants to: (1) two to five community organizations or coalitions of health care providers, health benefit plans, and purchasers to establish and document the efficacy of communication links between the information systems of health benefit plans and of health care providers; (2) two to five public or private nonprofit entities for the development of regional or community-based clinical information systems; and (3) public or private nonprofit entities to develop and test the definition of a comprehensive set of data elements and the specification and manner of presentation of the individual data elements of the set, for electronic medical data generated by physicians and other entities (other than hospitals) that provide health care services. Authorizes appropriations. Subtitle C: Deduction for Cost of Catastrophic Health Plan; Medical Savings Account - Amends the Internal Revenue Code to include under the medical expense deduction the portion of such expense attributable to coverage under a catastrophic health plan. (Sec. 2202) Allows individuals a tax deduction for percentage of contributions made to a medical care savings account established for the benefit of an eligible individual. Allows such deduction whether or not an individual itemizes deductions. Disallows distributions from such accounts as medical expense deductions. Excludes employer contributions to such accounts from employment taxes. Establishes an excise tax for excess contributions to medical care savings accounts. Subtitle D: Anti-Fraud - Part 1: Criminal Prosecution of Health Care Fraud - Amends the Federal criminal code to: (1) set penalties for health care providers who knowingly engage in any scheme or artifice to defraud any person in connection with the provision of health care; and (2) make activity which, if engaged in by the U.S. Postal Service, would be a violation of mail fraud provisions punishable to the same extent with respect to private or commercial interstate carriers. (Sec. 2303) Authorizes appropriations to hire, equip, and train no fewer than: (1) 225 special agents of the Federal Bureau of Investigation and support staff to investigate health care fraud cases; (2) 50 assistant United States Attorneys and support staff to prosecute such cases; and (3) 25 investigators in the Office of Inspector General, DHHS, to be devoted exclusively to health care fraud cases. (Sec. 2304) Amends the Federal criminal code to authorize the Attorney General to make payments of up to $10,000 to a person who furnishes information unknown to the Government relating to a possible prosecution of health care fraud, subject to specified requirements and exceptions. Part 2: Coordination of Health Care Anti-Fraud and Abuse Activities - Directs the Secretary to establish in the Office of the Inspector General of DHHS a program (all-payer fraud and abuse control program) to: (1) coordinate Federal, State, and local law enforcement programs to control fraud and abuse with respect to the delivery of, and payment for, health care in the United States; (2) conduct investigations, audits, evaluations, and inspections relating to such delivery and payment; and (3) facilitate the enforcement of provisions of the Social Security Act and other statutes applicable to health care fraud and abuse. Directs the Secretary to establish standards to carry out such program, including standards relating to the furnishing of information by health insurers, providers, and other to enable the Secretary to carry out the program and procedures to assure that such information is provided and utilized in a manner that protects the confidentiality of the information and the privacy of individuals receiving health care services. Sets forth provisions regarding: (1) qualified immunity for providing information; (2) ensuring access to documentation; and (3) failure to comply as grounds for exclusion from the Medicare and Medicaid programs. (Sec. 2312) Authorizes additional appropriations to enable the Secretary to conduct investigations of allegations of health care fraud and to carry out the all-payor fraud and abuse control program. (Sec. 2313) Establishes in the Treasury an Anti-Fraud and Abuse Trust Fund to be used to assist the Inspector General of DHHS in carrying out the all-payor fraud and abuse control program in the fiscal year involved. Sets forth provisions regarding: (1) the deposit into the Fund of Federal health anti-fraud and abuse penalties; and (2) the use of such penalties to repay beneficiaries for cost-sharing. (Sec. 2314) Amends SSA title XI to provide for the application of Federal health anti-fraud and abuse sanctions to all fraud and abuse against private health benefit plans. Subtitle E: Medicare Payment Changes; Part B Premium Tax for High-Income Individuals: Part 1 - Medicare Payment Changes - Amends SSA title XVIII to: (1) eliminate the membership limitation for Medicare health maintenance organizations; and (2) revise the Medicare select policy program and provide for a civil money penalty for misrepresentations made in connection with a Medicare select policy. (Sec. 2402) Amends the Omnibus Budget Reconciliation Act of 1990 to: (1) make permanent the Medicare select policy program; and (2) allow access to Medicare select policies in all States. (Sec. 2403) Directs the Secretary of Health and Human Services to take such steps as may be necessary to consolidate the administration of Medicare parts A and B. Part 2: Part B Premium Tax for High-Income Individuals - (Sec. 2411) Amends the Internal Revenue Code to impose a tax on the Medicare part B premiums of high income individuals. Subtitle F: Removing Anti-Trust Impediments - Directs the Attorney General to promulgate guidelines under which a health care joint venture may submit an application requesting that the Attorney General provide the entities participating in the venture with an exemption under which: (1) monetary recovery on an antitrust claim brought against the entity shall be limited to actual damages if specified conditions are met; and (2) the conduct of the entity in making or performing a contract to carry out the venture shall not be deemed illegal per se. Requires the Attorney General to approve or disapprove the application within a specified time frame and to provide a statement explaining the reasons for any disapproval. Directs the Attorney General to approve the application if an entity participating in the venture submits to the Attorney General an application that contains the identities of the parties to the venture; the nature, objectives, and planned activities of the venture; and specified assurances and information. Sets forth provisions regarding: (1) revocation and renewal of exemptions and withdrawal of an application; (2) requirements relating to notice and publication of exemptions; and (3) issuance of health care certificates of public advantage to each eligible health care joint venture that complies with specified requirements. Establishes the Interagency Advisory Committee on Competition, Antitrust Policy, and Health Care to: (1) discuss and evaluate competition and antitrust policy and their implications regarding the performance of health care markets; (2) analyze the effectiveness of health care joint ventures receiving exemptions in reducing costs and expanding access; and (3) make recommendations to the Congress. Subtitle G: Encouraging Enforcement Activities of Medical Self-Regulatory Entities - Part 1: Application of the Clayton Act to Medical Self-Regulatory Entities - Provides that no damages, cost of suit, or attorney fee may be recovered under section 4, 4A, or 4C of the Clayton Act, or under any similar State law, except by a State or the United States, from any medical self-regulatory entity as a result of engaging in standard setting or enforcement activities that are: (1) designed to promote the quality of health care provided to patients; and (2) not conducted for purposes of financial gain. Directs the court to award the cost of such a suit, including a reasonable attorney fee, to a substantially prevailing defendant. Part 2: Consultation by Federal Agencies - Requires any Federal agency engaged in the establishment of medical profession standards to consult with appropriate medical societies or associations, specialty boards, or recognized accrediting agencies, if available, in carrying out medical professional standard setting and guidelines or standards relating to the practice of medicine. Subtitle H: Prefunding Government Health Benefit for Certain Annuitants - Requires that certain agencies prefund Government health benefits contributions for their annuitants. Subtitle I: Miscellaneous Provisions - Amends Civil Service and Federal Employees' Retirement Systems law to increase the minimum age required to be eligible for an immediate retirement annuity. Provides for the conformance of other Federal retirement systems with the minimum age increase made above. Title III: Long-Term Care - Subtitle A: Tax Treatment of Long-Term Care Insurance - Amends the Internal Revenue Code to provide for the treatment of qualified long-term care insurance as accident and health insurance for purposes of insurance company taxation. (Sec. 3002) Excludes from gross income benefits provided under a long-term care insurance contract. Includes in gross income employer-provided coverage for long-term care services. (Sec. 3003) Includes amounts paid for qualified long-term care services as medical expenses for individual itemized deductions. Includes any parent or grandparent as a dependent for purposes of such expenses. (Sec. 3004) Provides for the nonrecognition of gain or loss on the exchange of any life insurance contract or an endowment or annuity contract for a long-term care insurance contract. (Sec. 3005) Excludes from gross income certain amounts withdrawn from individual retirement accounts and certain employer cash or deferred arrangement to pay long-term care premiums. (Sec. 3006) Allows insurance companies to issue accelerated death benefit riders on life insurance contracts. Subtitle B: Protection of Assets Under Medicaid Through Use of Qualified Long-Term Care Insurance - Amends SSA title XIX to require State Medicaid plans to disregard some or all of the individual's assets attributable to coverage under a qualified long-term care insurance contract in determining the individual's eligibility for long-term care services. Subtitle C: Studies - Requires the Comptroller General to study the feasibility of: (1) encouraging health care providers to donate their services to homebound patients; and (2) providing heads of households who care for elderly family members in their home with an income tax credit. (Sec. 3203) Requires the Secretary of Health and Human Services to study and report to the Congress on the feasibility of encouraging or requiring the use of a single designate public or nonprofit agency to coordinate, through case management, the provision of long-term care benefits under current Federal, State, and local programs in a geographic area. Subtitle D: Volunteer Service Credit Demonstration Projects - (Sec. 3301) Amends the Older Americans Act of 1965 to require the Commissioner of the Administration on Aging to establish and operate a volunteer service credit demonstration project in each State.
Bill· SS. 1525 (103rd)referred
United States · United States Congress · 7 October 1993
Foreign Language Assistance Act of 1993 - Amends the Elementary and Secondary Education Act of 1965 to establish a foreign language assistance program. Authorizes the Secretary of Education to make grants: (1) as allocations to States in any fiscal year in which appropriations equal or exceed a specified amount; or (2) when appropriations are below such amount, to State educational agencies, local educational agencies (LEAs), consortia of LEAs, or consortia of LEAs and institutions of higher education. Requires that half of such funds be used for foreign language instructional programs at elementary and secondary schools and half for foreign language teacher development and recruitment. Authorizes as Federal activities: (1) grants for model demonstration programs of foreign language instruction for elementary or secondary school students; (2) evaluation and research; and (3) bonus grants to States for having specified levels of foreign language requirements or enrollments. Provides for Federal share and for participation of children and teachers from private schools. Authorizes appropriations.
Bill· SS. 1524 (103rd)referred
United States · United States Congress · 7 October 1993
Amends the Internal Revenue Code to repeal the retroactive application of income, estate, and gift tax rate increases. Requires a reduction in administrative expenses of Federal departments and agencies for FY 1994 through 1996.
Bill· HRH.R. 3252 (103rd)open
United States · United States Congress · 7 October 1993
TABLE OF CONTENTS: Title I: Rivers Title II: Trails Title III: Parks Title I: Rivers - West Virginia Rivers Conservation Act of 1993 - Amends the National Parks and Recreation Act of 1978, the West Virginia National Interest River Conservation Act of 1987, and the Wild and Scenic Rivers Act to modify boundaries of the: (1) New River Gorge National River; (2) Gauley River National Recreation Area; and (3) Bluestone National Scenic River. Amends the Wild and Scenic Rivers Act to designate a segment of the Upper New River, West Virginia, as a component of the National Wild and Scenic River System (NWSRS). Directs the Secretary of the Interior to study and report to specified congressional committees on the eligibility and suitability of designating a specified segment of the Elk River, West Virginia, as either a component of the NWSRS or a unit of the National Park System (NPS) as a national river or recreation area. Provides for consolidated management between offices and personnel administering the segment of the Upper New River designated by this Act and offices and personnel administering the New River Gorge National River, the Gauley River National Recreation Area, and the Bluestone National Scenic River. Amends the National Parks and Recreation Act of 1978 to make provisions of the West Virginia National Interest River Conservation Act of 1987 (the Act) relating to cooperative agreements and remnant lands in the Gauley River National Recreation Area applicable to the New River Gorge National River. Amends the Act to set forth provisions relating to access of the Gauley River National Recreation Area by certain noncommercial recreational users. Authorizes the Secretary to construct a visitor center in the vicinity of the confluence of the New and Gauley Rivers. Extends certain provisions of the Wild and Scenic Rivers Act with respect to segments of the Bluestone and Meadow Rivers that were found eligible for addition to the wild and scenic rivers system in studies completed by NPS in 1983 but that were not designated as part of the Bluestone National Scenic River or the Gauley River National Recreation Area under the Act. Amends the Wild and Scenic Rivers Act to set forth provisions relating to public access to the Bluestone River. Ceases the force and effect of any boundary modification of the Gauley River National Recreational Area relating to new project construction in the Area if construction is not commenced within the time required in the license or if such license is surrendered. Title II: Trails - Amends the National Trails System Act to designate the Great Western Scenic Trail, extending from the Arizona-Mexico border to the Idaho-Montana-Canada border, for study as an addition to the National Scenic Trail System. Title III: Parks - Provides that at noon on July 30, 2000, the use of Highway 209 within the Delaware Water Gap National Recreation Area by commercial vehicles shall be prohibited when such use is in no way connected with the operation of the Area unless permitted by the Secretary, under specified conditions. Repeals provisions of Federal law, on such date, relating to steps to be taken to further the purposes of the Area and to provide public safety in it. Authorizes the Secretary to continue to collect and utilize a commercial user fee in an amount not to exceed $25 per vehicle from the date of enactment of this Act through July 30, 2000. Changes the map reference for the Area with respect to its boundary. Authorizes the Secretary to purchase lands within the Cumberland Gap National Historical Park in Tennessee, Kentucky, and Virginia with appropriated funds and to use such funds to purchase or maintain property within the Park's boundaries. Directs the Secretary to study and report to specified congressional committees on potential means to preserve and interpret Revere Beach, Massachusetts, including recommendations on the feasibility of establishing it as a unit of the NPS. Authorizes appropriations. Authorizes the Secretary, acting through the Director of the NPS, to enter into cooperative agreements relating to Santa Monica Mountains National Recreation Area: (1) with appropriate organizations or groups (on a matching grant basis) to promote education concerning the natural and cultural resources of the Area and adjacent lands; and (2) in which the Secretary agrees to maintain the facilities at 2600 Franklin Canyon Drive, Beverly Hills, California, for eight fiscal years and to provide funding for programs of the William O. Douglas Outdoor Classroom that utilize those facilities (in return for which the Classroom agrees that at the end of the term of such agreement, all right, title, and interest in and to such facilities will be donated to the United States for addition to the Area). Authorizes appropriations. Authorizes the Secretary to establish the Abraham Lincoln Presidential Center to be added to and administered as part of the Lincoln Home National Historic Site in Illinois. Authorizes appropriations. Authorizes the Secretary to transfer that portion of the U.S. existing sewage disposal system (including related improvements and structures) within the Colonial National Historical Park to York County, Virginia, without reimbursement, together with such rights-of-way determined to be necessary to maintain and operate such system. Authorizes the Secretary to enter into a cooperative agreement with York County to pay a specified maximum amount of the repair and rehabilitation costs for the system. Requires the cooperative agreement to: (1) reduce or eliminate the amounts charged to the NPS for its sewage disposal; and (2) minimize the impact of the system on the Park and its resources. Prohibits such system from being enlarged or substantially altered without NPS concurrence. Authorizes the Secretary to acquire specified lands to be included within the Park's boundaries. Authorizes appropriations. Designates the visitors center at Channel Islands National Park, California, as the Robert J. Lagomarsino Visitors Center.
Bill· HRH.R. 3245 (103rd)referred
United States · United States Congress · 7 October 1993
Amends the Internal Revenue Code to increase the excise tax on pistols, revolvers, and other firearms. Establishes the Hospital Gunshot Cost Relief Trust Fund to assist urban hospitals in defraying costs incurred in providing medical care to gunshot victims who are not covered under any health plan. Transfers the net revenues from the excise tax to such Fund.
Bill· HRH.R. 3250 (103rd)referred
United States · United States Congress · 7 October 1993
Amends the Internal Revenue Code to repeal the retroactive application of income, estate, and gift tax rate increases. Requires a reduction in administrative expenses of Federal departments and agencies for FY 1994 through 1996.
Bill· HRH.R. 3238 (103rd)referred
United States · United States Congress · 7 October 1993
Provides for the tax treatment of certain environmental remediation activities as a deductible trade or business expense.
Bill· HRH.R. 3244 (103rd)referred
United States · United States Congress · 7 October 1993
Allows medical malpractice insurance companies to elect to use the discount factors pursuant to the special rule for international and reinsurance lines of business until January 1, 1994.
Bill· HRH.R. 3237 (103rd)referred
United States · United States Congress · 7 October 1993
Small Business Development Act of 1993 - Amends the Internal Revenue Code to increase the limitation on the election to expense certain depreciable business assets. Allows a higher limitation for the first three years of starting a business. Allows individuals a credit for 50 percent of the tax on self-employment income. Repeals the itemized deduction for one-half of such tax.
Bill· HRH.R. 3239 (103rd)referred
United States · United States Congress · 7 October 1993
Amends the Internal Revenue Code to disallow a tax deduction for oil cleanup costs, except: (1) spills involving less than 36,000 gallons of oil; (2) facility closures and cleanup completions; and (3) oil discharge costs where the taxpayer has a complete liability defense. Prohibits the net operating loss deduction from reducing taxable income to an amount less than the amount disallowed for oil cleanup costs. Treats qualified oil facility expenditures to reduce risks of oil spills as expenses which are not chargeable to capital account. Allows such expenditures as a deduction.
Bill· HRH.R. 3222 (103rd)open
United States · United States Congress · 6 October 1993
TABLE OF CONTENTS: Title I: Managed Competition in Employer-Based Health Plans: Incentives to Control Costs Subtitle A: Use of Tax Incentives to Purchase Cost-Effective Plans Subtitle B: Health Plan Purchasing Cooperatives (HPPCs) Subtitle C: Accountable Health Plans (AHPs) Subtitle D: Health Care Standards Commission Subtitle E: Managed Competition in Rural and Urban Underserved Areas Subtitle F: Treatment of Chronically Underserved Areas Subtitle G: Repeal of COBRA Continuation Requirements Subtitle H: Definitions Title II: Low-Income Assistance for Health Coverage Subtitle A: Low-Income Assistance Subtitle B: Long-Term Care Phase-Down Assistance to States Subtitle C: Financing Subtitle D: Repeal of Medicaid Program Title III: Training and Education of Health Care Professionals Subtitle A: Reform of Federal Funding for Medical Residency Training Subtitle B: Other Medical Education Grants and Programs Title IV: Preventive Health and Individual Responsibility Subtitle A: Expansion of Public Health Programs Subtitle B: Medicare Title V: Malpractice Reform Subtitle A: Findings; Purpose; Definitions Subtitle B: Uniform Standards for Malpractice Claims Subtitle C: Requirements for State Alternative Dispute Resolution Systems (ADR) Subtitle D: Grants to States for Development of Practice Guidelines Title VI: Paperwork Reduction and Administrative Simplification Title VII: Additional Benefits On a Pay-As-You-Go Basis Managed Competition Act of 1993 - Title I: Managed Competition in Employer-Based Health Plans: Incentives to Control Costs - Subtitle A: Use of Tax Incentives to Purchase Cost-Effective Plans - Amends the Internal Revenue Code to impose a tax on the excess health plan expenses of any employer which are health plan expenses exceeding specific limits under an accountable health plan for a defined geographical area. (Sec. 1002) Increases to 100 percent and makes permanent the deduction for health plan premium expenses of self-employed individuals. (Sec. 1003) Permits the deduction for medical, dental, etc. expenses without regard to the limitation on such deduction with respect to amounts paid for premiums under an accountable health plan. (Sec. 1004) Provides for the exclusion from gross income of contributions by a partnership or S corporation to a health plan covering partners or shareholders. (Sec. 1006) Eliminates the commonality of interest and geographic location requirements with respect to group purchasing by large tax-exempt organizations. Subtitle B: Health Plan Purchasing Cooperatives (HPPCs) - Provides for the establishment of Health Plan Purchasing Cooperatives (HPPCs). Considers each State to be a HPPC, except that a State may subdivide into HPPC areas, and that there may be interstate HPPCs, as specified. Requires HPPCs to enter into agreements with accountable health plans and small employers, offer enrollment in accountable health plans, and charge premiums. Subtitle C: Accountable Health Plans (AHPs) - Directs the Health Care Standards Commission to provide a process whereby a health plan may be registered with the Commission by its sponsor as an accountable health plan. Sets forth requirements for a plan to be registered, including: (1) coverage for a specified uniform set of benefits, including cost-sharing for low-income individuals; (2) standard premiums for the uniform benefits; (3) grievance procedures; (4) collecting and providing specified information; (5) prohibiting discrimination in enrollment or benefits; and (6) financial solvency. (Sec. 1208) Sets forth additional requirements for open AHPs, which is any plan which is not closed. Defines a closed plan as one limited by structure or law to one or more large employers. (Sec. 1211) Requires each AHP to provide for payment of one percent of gross premium receipts to the National Medical Education Fund. (Sec. 1221) Sets forth provisions concerning the preemption of State laws for AHPs. (Sec. 1231) Directs the President to provide for the development and publication of guidelines on the application of Federal antitrust laws to AHPs. (Sec. 1232) Provides for the issuance of certificates of public advantage by the Attorney General to eligible health care joint ventures which, if followed, exempt such ventures from antitrust liability. Subtitle D: Health Care Standards Commission - Establishes, as an independent agency in the Executive Branch, a Health Care Standards Commission. Requires the Commission to transmit annually to the Congress recommendations for the uniform set of effective benefits. States that such recommendations shall apply unless the Congress passes a joint resolution of disapproval. (Sec. 1303) Directs the Commission to provide for the initial organization, as a nonprofit corporation, of the Benefits, Evaluations, and Data Standards Board in order to make recommendations to the Commission concerning the uniform set of effective benefits and matters related to the evaluation of health care services. (Sec. 1304) Directs the Commission to provide for the initial organization, as a nonprofit organization of the Health Plan Standards Board in order to make recommendations to the Commission concerning the standards for AHPs and concerning its assessment of risk-adjustment factors. (Sec. 1305) Sets forth provisions concerning the registration of AHPs. (Sec. 1306) Directs the Commission to establish rules for the process of risk-adjustment of premiums among AHPs by HPPCs. (Sec. 1307) Directs the Commission to publish information concerning procedures, their prices, and their quality. (Sec. 1309) Establishes, within the Department of Health and Human Services, the Agency for Clinical Evaluations which shall assume the responsibilities of the Director of the Office of Medical Applications of Research at the National Institutes of Health, the Director of the Office of Research and Demonstrations of the Health Care Financing Administration (insofar as such responsibilities relate to clinical evaluations), the Administrator for Health Care Policy and Research under title IX of the Public Health Service Act, as well as other specified responsibilities. Authorizes appropriations. (Sec. 1311) Prohibits the Commission from establishing or enforcing any controls on health care spending. (Sec. 1313) Authorizes appropriations for the Commission through FY 2000. Terminates the Commission on December 31, 1999. Subtitle E: Managed Competition in Rural and Urban Underserved Areas - Authorizes the Governor of any State to designate rural and urban areas of a State as underserved areas. Permits a HPPC serving such an area to require AHPs offered by the HPPC and with a service area adjoining such area to include the area as part of their service area. (Sec. 1411) Authorizes appropriations for: (1) technical assistance for entities seeking to establish a network plan in an underserved area; (2) financial assistance to eligible entities in order to provide for the development and implementation of AHPs in rural areas; and (3) under the Public Health Service Act, migrant health centers and community health centers. (Sec. 1422) Provides coverage under part B of title XVIII (Medicare) of the Social Security Act for rural emergency access care hospital services. (Sec. 1431) Directs the Secretary of Health and Human Services to make payments for transitional assistance to eligible hospitals. Requires any hospital accepting such assistance to provide a significant volume of services to persons unable to pay for services. Authorizes appropriations. Subtitle F: Treatment of Chronically Underserved Areas - Directs the Health Care Standards Commission to develop standards for the identification of chronically underserved areas. Makes provisions for addressing health care delivery in such areas. Subtitle G: Repeal of COBRA Continuation Requirements - Repeals the COBRA continuation requirements for group health plans and title XXII of the Public Health Service Act. Subtitle H: Definitions - Sets forth definitions for this title and title II. Title II: Low-Income Assistance for Health Coverage - Subtitle A: Low-Income Assistance - Provides premium assistance for very-low income individuals and moderately low-income individuals. Provides for nominal cost-sharing for such individuals and special assistance for certain items and services. Subtitle B: Long-Term Care Phase-Down Assistance to States - Provides for long-term care phase-down assistance to eligible States for each calendar quarter in 1995 through 1998. Subtitle C: Financing - Amends title XVIII (Medicare) of the Social Security Act to achieve savings under such program by: (1) reducing the update for inpatient hospital services; (2) reducing the conversion factor for the physician fee schedule for non-primary care services; and (3) reducing hospital outpatient services through establishing a prospective payment system. (Sec. 2204) Amends the Internal Revenue Code to impose a Medicare part B premium tax on higher-income individuals. (Sec. 2205) Achieves additional Medicare savings through the: (1) phased-in elimination of Medicare disproportionate share adjustment payments; (2) reduction of routine cost limits for home health services; (3) reduction in routine cost limits for extended care services; and (4) reductions in payments for hospice services. Subtitle D: Repeal of Medicaid Program - Repeals title XIX (Medicaid) of the Social Security Act. Title III: Training and Education of Health Care Professionals - Subtitle A: Reform of Federal Funding for Medical Residency Training - Directs the Health Care Standards Commission to approve a resident training position in medical residency program for purposes of funding approved medical residency training programs under this title. Provides funding, in addition, for physician retraining. Sets forth provisions concerning: (1) the allocation of entry positions among programs; and (2) the general distribution of positions among specialties. (Sec. 3004) Requires payment by AHPs of one percent of gross premium receipts to the National Medical Education Fund. Requires payments from the Medicare trust funds to the National Medical Education Fund. (Sec. 3005) Establishes the National Medical Education Fund. Subtitle B: Other Medical Education Grants and Programs - Authorizes appropriations under the Public Health Service Act for medical education programs, including: (1) the scholarship and loan repayment programs of the National Health Service Corps; (2) area education centers; (3) public health and preventive medicine; (4) family medicine; (5) general internal medicine and pediatrics; (6) physician assistants; (7) allied health projects grants and contracts; and (8) nurse practitioner and nurse midwife programs. Title IV: Preventive Health and Individual Responsibility - Subtitle A: Expansion of Public Health Programs - Authorizes appropriations under the Public Health Service Act for the following public health programs: (1) immunizations against vaccine-preventable diseases; (2) prevention, control, and elimination of tuberculosis; (3) lead poisoning prevention; (4) preventive health measures with respect to breast and cervical cancers; (5) the Office of Disease Prevention and Health Promotion; (6) the Office of Minority Health; (7) preventive health and health services block grant; (8) categorical grants for early intervention regarding acquired immune deficiency syndrome; and (9) programs of the Centers for Disease Control regarding the smoking of tobacco products. Directs the Office of Disease Prevention and Health Promotion to promote individual responsibility in personal health care and in the use of valuable health care resources. Subtitle B: Medicare - Provides Medicare coverage for: (1) screening fecal-occult blood tests and screening flexible sigmoidoscopies for the purpose of the early detection of cancer; (2) tetanus-diphtheria boosters; (3) well-child services; and (4) an annual screening mammography for women over age 64. Title V: Malpractice Reform - Subtitle A: Findings; Purpose; Definitions - Sets forth the findings, purpose, and definitions for this title. Subtitle B: Uniform Standards for Malpractice Claims - Prohibits bringing a medical malpractice liability action in a State court unless there has been an initial resolution under an alternative dispute resolution system. Limits the total noneconomic damages in such actions to $250,000. Sets limits on attorney's fees. Makes special provision for obstetric services. Subtitle C: Requirements for State Alternative Dispute Resolution Systems (ADR) - Establishes requirements for State alternative dispute resolution systems. Provides for grants to States to assist in implementation of such systems. Subtitle D: Grants to States for Development of Practice Guidelines - Directs the Secretary to make grants to States for the development of medical practice guidelines for health care professionals that may be applied to resolve medical malpractice liability claims. Title VI: Paperwork Reduction and Administrative Simplification - Preempts State quill pen laws. Ensures the confidential treatment of electronic health care information. Sets forth provisions which provide for: (1) the standardization of electronic health information; (2) uniform claims forms; (3) the liability of insurers when benefits are payable under two or more plans; and (4) the uniformity of the availability of information among health plans when benefits are payable under two or more plans. (Sec. 6007) Amends the Internal Revenue Code to impose a tax on a health plan not in compliance with specified requirements of this title. Title VII: Additional Benefits On a Pay-As-You-Go Basis - Expresses the sense of the Congress that additional benefits should be provided by the Federal Government to the extent that additional financing is made available on a pay-as-you-go basis.
Law· HRH.R. 3225 (103rd)enacted
United States · United States Congress · 6 October 1993
South African Democratic Transition Support Act of 1993 - Expresses the sense of the Congress with respect to U.S. policy towards South Africa. Repeals specified provisions of the Comprehensive Anti-Apartheid Act of 1986, providing for a total repeal of such Act when the President certifies to the Congress that an interim government that was elected on a nonracial basis through free and fair elections has taken office in South Africa. Urges all State or local governments and private entities in the United States to rescind any restrictions on economic interactions with South Africa. Expresses the sense of the Congress that the United States should continue to respect United Nations Security Council resolutions on South Africa. Authorizes the President to provide development and economic support fund assistance to support the transition to nonracial democracy in South Africa. Prohibits such assistance to the Government of South Africa unless the President certifies to the Congress that an interim government elected on a nonracial basis through free and fair elections has taken office. Exempts from such prohibition assistance to the Transitional Executive Council, South African higher education institutions, and any other entity that would promote the transition to nonracial democracy. Declares that the President should: (1) negotiate a tax treaty with South Africa; (2) initiate negotiations with the South African Government to provide for Overseas Private Investment Corporation programs in such country; (3) conclude cooperative agreements with South Africa on various issues; and (4) encourage other donors to expand their activities in support of the transition to nonracial democracy. States that: (1) the Director of the Trade and Development Agency should provide additional funds for projects in South Africa; (2) the Export-Import Bank should expand its activities in connection with exports to South Africa; and (3) the Director of the U.S. Information Agency should use his authorities to promote the transition to nonracial democracy. Requires the heads of Federal Government agencies, in procuring goods or services, to make affirmative efforts to assist business enterprises having more than 50 percent ownership by nonwhite South Africans. Declares that the Secretary of the Treasury should instruct the U.S. executive directors of international financial institutions to urge financial assistance to South Africa to support the transition to democracy.
Bill· HRH.R. 3228 (103rd)referred
United States · United States Congress · 6 October 1993
Emergency Immigrant Education Act of 1993 - Amends the Elementary and Secondary Education Act of 1965 to establish an emergency immigrant education program. Authorizes appropriations. Directs the Secretary of Education to allocate program payments to State educational agencies for services for immigrant children in elementary and secondary schools in local educational agency districts where the number of immigrant children is equal to at least 1,000 or at least five percent of the total number of students enrolled in public and nonpublic schools during that fiscal year. Allows a State to reserve not more than three percent of such funds for such services in local educational agencies which do not meet such criteria. Authorizes the Secretary, also under such program, to make district-wide immigrant grants for other services for immigrant children to local educational agencies whose districts include numbers of such children in public and nonpublic schools equal to at least 5,000 or at least ten percent.
Bill· HRH.R. 3223 (103rd)referred
United States · United States Congress · 6 October 1993
Asylum Abuse Prevention and System Improvements Act of 1993 - Amends the Immigration and Nationality Act to impose criminal penalties upon any person who knowingly assists in fraudulent asylum applications for commercial advantage or private financial gain. Sets forth procedures for: (1) adjudicating political asylum claims; and (2) detention and release of asylum applicants. Directs the Attorney General to ensure that specified amounts are made available each fiscal year to the Central Asylum Office in the Executive Office of Immigration Review for adjudication implementation. Authorizes appropriations for additional Department of Justice asylum adjudication staff. Directs the Attorney General to report to certain congressional committees on the backlog in adjudicating asylum claims. Authorizes the Attorney General to use specified amounts from the Immigration Emergency Fund to manage large and sudden numbers of asylum applicants.
Bill· HRH.R. 3232 (103rd)referred
United States · United States Congress · 6 October 1993
Amends the Internal Revenue Code to exclude from gross income any amount received by an individual as a governmental pension under a State or local retirement system. Limits such amount to the applicable social security exclusion.
Bill· HRH.R. 3231 (103rd)referred
United States · United States Congress · 6 October 1993
Amends the Internal Revenue Code to permit tax-exempt financing of transportation facilities used in connection with the transport of cargo or passengers to or from airports, docks and wharves, mass commuting facilities, and high-speed intercity rail facilities.
Bill· HRH.R. 3227 (103rd)referred
United States · United States Congress · 6 October 1993
Amends the Revenue Reconciliation Act of 1993 to repeal the reduction in the tax deductible portion of business meal and entertainment expenses.
Bill· HJRESH.J.Res. 273 (103rd)open
United States · United States Congress · 6 October 1993
Constitutional Amendment - Requires the Congress, prior to each fiscal year, to adopt a statement in which total Federal outlays do not exceed total receipts, unless a three-fifths vote of both Houses authorizes a specific excess. Limits the rate of increase in receipts in the statement to that of the increase in national income in the previous calendar year, unless law is enacted solely to approve specific additional receipts. Authorizes waiver of these provisions in time of war.
Resolution· HRESH.Res. 269 (103rd)passed
United States · United States Congress · 6 October 1993
Sets forth the rule for the consideration of H.R. 2739 (authorizing appropriations under the Airport and Airway Improvement Act of 1982).