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Bill· SS. 2082 (103rd)open
United States · United States Congress · 5 May 1994
TABLE OF CONTENTS: Title I: Intelligence Activities Title II: Central Intelligence Agency Retirement and Disability System Title III: General Provisions Title IV: Central Intelligence Agency Title V: Department of Defense Title VI: Federal Bureau of Investigation Intelligence Authorization Act for Fiscal Year 1995 - Title I: Intelligence Activities - Authorizes appropriations for FY 1995 for the conduct of the intelligence activities of the: (1) Central Intelligence Agency (CIA); (2) Department of Defense (DOD); (3) Defense Intelligence Agency (DIA); (4) National Security Agency (NSA); (5) National Reconnaissance Office; (6) Departments of the Army, Navy, and Air Force; (7) Department of State; (8) Department of the Treasury; (9) Department of Energy; (10) Federal Bureau of Investigation (FBI); and (11) Central Imagery Office (established under this Act). (Sec. 102) Specifies that the amounts authorized to be appropriated and the authorized personnel ceilings as of September 30, 1995, for such conduct are those specified in the classified Schedule of Authorizations prepared by the conference committee to accompany S. 2082 of the 103d Congress. (Sec. 103) Permits the Director of Central Intelligence (DCI) to authorize the employment of civilian personnel in excess of the number authorized for FY 1995 if such action is necessary to the performance of important intelligence functions, subject to specified limitations. Directs the DCI to promptly notify the House and Senate intelligence committees whenever the DCI exercises such authority. (Sec. 104) Authorizes appropriations for the Community Management Account of the DCI for FY 1995, with funds for the Advanced Research and Development Committee and the Environmental Task Force remaining available until September 30, 1996. Authorizes 221 full-time personnel for the Account as of September 30, 1995. Requires any officer or employee of the United States or a member of the armed forces who is detailed to the Account from another element of the Government during FY 1995 to be detailed on a reimbursable basis, with exceptions. Title II: Central Intelligence Agency Retirement and Disability System - Authorizes appropriations for the Central Intelligence Agency Retirement and Disability Fund for FY 1995. Title III: General Provisions - Authorizes amounts to be appropriated in addition to sums authorized for salary, pay, retirement, and other benefits of Federal employees as necessary to cover increases in those benefits authorized by law for FY 1995. (Sec. 302) Specifies that the authorizations of appropriations contained in this Act do not constitute authority for the conduct of any intelligence activity which is not otherwise authorized by the Constitution or laws of the United States. (Sec. 303) Repeals a provision of the Intelligence Authorization Act for FY 1987 restricting intelligence cooperation with South Africa. (Sec. 304) Requires the DCI to submit to the intelligence committees a report setting forth a legislative proposal, coordinated as appropriate with elements of the intelligence community, which would provide for mandatory retirement for expiration of time in class comparable to provisions of the Foreign Service Act of 1980 for all civilian employees of the CIA, NSA, DIA, and the intelligence elements of the Army, Navy, Air Force, and Marine Corps. Title IV: Central Intelligence Agency - Amends the Central Intelligence Agency Act of 1949 to repeal a limitation on the payment of travel expenses and the cost of treatment of illness or injury requiring hospitalization of an officer or full time employee of the CIA where such illness or injury is the result of vicious habits, intemperance, or misconduct. (Sec. 402) Provides for the appointment by the President, by and with the advice and consent of the Senate, of a General Counsel of the CIA from civilian life to be the chief legal officer of the CIA. Title V: Department of Defense - Amends the National Security Act of 1947 to provide for a Central Imagery Office (Office) (currently, central imagery authority). Authorizes the Secretary of Defense to exercise certain authorities pertaining to civilian officers and employees in DIA with respect to such officers and employees of the Office. Specifies that: (1) civilian personnel administrative support for officers and employees of the Office shall remain a responsibility of DIA; and (2) certain authority provided regarding civilian officers and employees of the Office may be delegated by the Secretary of Defense only to the Deputy Secretary of Defense. (Sec. 502) Authorizes the Secretary of Defense to withhold from public disclosure any geodetic product in the possession or under the control of DOD that contains information that the Director of the Defense Mapping Agency has determined in writing would, if disclosed, jeopardize or interfere with ongoing military or intelligence operations. (Sec. 503) Authorizes the Secretary to expend specified funds to establish a National Public Information Center to: (1) survey, collect, store, distribute, and present unclassified information; (2) provide support for training in decisionmaking and for professional education in DOD and the intelligence community; and (3) inform more broadly the American public. Title VI: Federal Bureau of Investigation - Amends the Fair Credit Reporting Act to require a consumer reporting agency to furnish a consumer report to the FBI when presented with a written request signed by the Director of the FBI which certifies compliance with this title. Authorizes the Director to make such a certification only upon determining in writing that: (1) such records are necessary for the conduct of an authorized foreign counterintelligence investigation; and (2) there are specific and articulable facts giving reason to believe that the consumer is a foreign power or agent. Sets forth provisions regarding: (1) identifying information; (2) confidentiality; (3) payment of fees; (4) limits on dissemination; and (5) reporting requirements. Provides for damages and disciplinary actions for any Government agency or department obtaining or disclosing consumer information in violation of this Act. Makes remedies and sanctions under this title the only judicial remedies and sanctions for such violations. Authorizes injunctive relief. Authorizes recovery of costs in the event of a successful action.
Bill· SS. 2081 (103rd)referred
United States · United States Congress · 5 May 1994
Environmental Infrastructure Financing Act of 1994 - Amends the Internal Revenue Code to allow qualified recycling facilities to issue tax-exempt private activity bonds.
Bill· HRH.R. 4357 (103rd)open
United States · United States Congress · 5 May 1994
TABLE OF CONTENTS: Title I: Federal Courts Study Committee Recommendations Title II: Judicial Financial Administration Title III: Judicial Process Improvements Title IV: Judiciary Personnel Administration, Benefits, and Protections Title V: Criminal Law Title VI: Criminal Justice Act Amendments Title VII: Places of Holding Court Title VIII: Bankruptcy Title IX: Miscellaneous Federal Courts Improvement Act of 1994 - Title I: Federal Courts Study Committee Recommendations - Amends the Federal judicial code to increase the threshold amount in controversy (from $50,000 to $75,000) to qualify for diversity of citizenship jurisdiction. Provides for annual increases in that amount based on the percent change in the Consumer Price Index, effective January 1, 2000. (Sec. 102) Amends the Civil Rights of Institutionalized Persons Act to increase the period ( from 90 to 120 days) during which the court may continue a case in a civil action for deprivation of rights in order to require exhaustion of administrative remedies. Permits: (1) requiring exhaustion of remedies if the Attorney General has certified or the court has determined that such administrative remedies are fair and effective; (2) certification of grievance resolution systems for adults confined in correctional or pretrial detention facilities if such systems are fair and effective; and (3) the Attorney General to suspend or withdraw such certification at any time he has reasonable cause to believe the grievance procedure is no longer fair and effective. (Sec. 103) Amends the Federal judicial code to revise provisions regarding a bankruptcy judge's hearing of a proceeding related to a case under title 11. Specifies that if a party: (1) files a timely objection, the bankruptcy judge shall submit the proposed findings of fact and conclusions of law to the district court, and any final order or judgment shall be entered by the district judge after considering the bankruptcy judge's proposed findings and conclusions and after reviewing de novo those matters to which any party has timely and specifically objected; and (2) does not file a timely objection, the party shall be deemed to consent to the findings and conclusions proposed by the bankruptcy judge, which shall become final, and the bankruptcy judge shall enter an appropriate order thereon. (Sec. 104) Amends the National Labor Relations Act to authorize the National Labor Relations Board, if any person violates a final order issued by the Board with respect to an unfair labor practice, to petition any U.S. district court in which the practice occurred, or in which such person resides or transacts business, for imposition of a monetary penalty not to exceed $5,000 for each day such person violates the order. Grants the district courts jurisdiction to impose such penalty. (Sec. 105) Amends the Federal judicial code to require the chief judge of the Court of International Trade to be the judge of the court in regular active service who is senior in commission of those judges who: (1) are 64 years of age or under; (2) have served for one year or more as a judge of the court; and (3) have not served previously as chief judge. Sets forth provisions regarding the precedence of judges in acting as chief judge. (Sec. 106) Repeals provisions prohibiting increasing the salary of any Federal judge or Justice of the Supreme Court except as specifically authorized by Act of Congress. Title II: Judicial Financial Administration - Amends the Federal judicial code to provide that in FY 1993 and each fiscal year thereafter a specified amount shall be transferred annually to the judiciary into a special fund of the Treasury (special fund) for expenses incurred in: (1) adjudication of civil and criminal forfeiture proceedings that result in deposits into the Department of Justice Assets Forfeiture Fund (except the expense of salaries of judges); (2) representation of offenders whose assets have been seized in forfeiture proceedings to the extent that such expenses of representation could have been recovered through an order for payment or reimbursement of the Defender Services appropriation; and (3) supervision by U.S. probation officers of offenders under home detention or other forms of confinement outside of Bureau of Prisons facilities. Requires the amount transferred to be: (1) a portion of the total amount to be transferred from the combined fiscal year deposits into both the Fund and the Department of Treasury Asset Forfeiture Fund, which total shall not exceed the statement of costs incurred by the judiciary in providing such services, subject to specified requirements; and (2) paid from revenues deposited into the Fund during the fiscal year in which the expenses were incurred and are not required to be specified in appropriations Acts. (Sec. 202) Makes moneys in the Judiciary Automation Fund available to the Director of the Administrative Office of the U.S. Courts without fiscal year limitation for the procurement of automatic data processing equipment for program activities included in the courts of appeals, district courts, and other judicial services accounts of the judicial branch. Permits: (1) the use of such Fund for support personnel in the courts and in the Administrative Office; and (2) all agencies of the judiciary to make deposits into such Fund to meet their automatic data processing needs. Terminates such Fund and authorities related to such Fund on September 30, 1999 (currently, 1994). Directs that all unobligated amounts remaining in such Fund on that date be deposited into the special fund (currently, the Judicial Services Account). (Sec. 203) Increases: (1) the fee for filing a civil action; and (2) the amount taken from such fees, or as part of a judgment for costs, to be deposited into the special fund. (Sec. 204) Provides that: (1) for FY 1994 and thereafter, of each fee collected for admission of an attorney to practice, $30 of that portion of the fee exceeding $20 shall be deposited into the special fund; and (2) any portion exceeding five dollars of the fee for a duplicate certificate of admission or certificate of good standing shall be deposited into the special fund. (Sec. 205) Directs that, upon an election by a bankruptcy judge or magistrate judge, all of the accrued employer contributions and accrued interest on those contributions made on behalf of the bankruptcy judge or magistrate judge to the Civil Service Retirement and Disability Fund shall be transferred to the special fund, with exceptions. (Sec. 206) Provides that in every case in which the right to withdraw money deposited in court in pending and adjudicated cases has been adjudicated or is not in dispute and such money has remained so deposited and unclaimed for at least 90 days, the court shall cause such money to be transferred to the Director. Requires: (1) the Director to assume all fiduciary duties and responsibilities for such transferred money; (2) interest earned by such money while under the authorized control of the Director to be treated as interest earned on funds deposited in a court's registry; and (3) any charges collected by the judiciary for administering the funds to be deposited into the Registry Administration Account in the Treasury. (Sec. 207) Authorizes the Director, if necessary to develop and administer criterion referenced performance examinations for purposes of certification or other examinations for the selection of otherwise qualified interpreters, to prescribe for each examination a uniform fee. Requires the Director, in determining the fee, to consider the fees charged by other organizations for similar examinations. Grants the Director retroactive authority to include in any contract for the development or administration of examinations for interpreters a provision which permits the contractor to collect and retain fees in payment for contractual services. Title III: Judicial Process Improvements - Amends the Federal judicial code to authorize all judicial districts to elect to utilize arbitration programs. Repeals certain limitations on the authorization of appropriations. (Sec. 302) Expands the duties of a magistrate judge on an emergency assignment. (Sec. 303) Authorizes only a person charged with a misdemeanor that is not a petty offense to elect to be tried before a judge of the district court for the district in which the offense was committed. Prohibits a magistrate judge from proceeding to try a case unless, after explaining to the defendant that he has a right to trial, judgment, and sentencing by a district court judge and that he may have a right to jury trial before a district judge or magistrate, the defendant expressly consents to be tried before the magistrate judge and expressly and specifically waives trial, judgment, and sentencing by a judge of the district court (and such consent and waiver shall be made in writing or orally on the record). Authorizes the magistrate judge, in a petty offense case involving a juvenile, to exercise powers granted to the district court. (Sec. 304) Prohibits a civil action in a State court from being removed to U.S. district court solely on the basis of concurrent jurisdiction over a claim under specified provisions of the Employment Retirement Security Act of 1974. (Sec. 305) Prohibits the original jurisdiction of the district courts from being invoked if any plaintiff joined in the complaint is a citizen of the State in which is located the district court in which the suit is filed. Title IV: Judiciary Personnel Administration, Benefits, and Protections - Amends Federal judicial retirement provisions to list age and service requirements for retaining office but retiring from regular active service for persons age 60 through 64. Authorizes: (1) retroactive credit for resumption of a significant workload by a judge under specified circumstances; and (2) aggregation by a justice or judge for partial years worked. (Sec. 403) Revises provisions regarding: (1) the contribution rate for senior judges under the judicial survivors' annuities system; (2) the refund of contributions for deceased deferred annuitants under the judicial survivors' annuities system; and (3) disability retirement and cost-of-living adjustments of annuities for territorial judges. Specifies that any judge of the District Courts of Guam, the Northern Mariana Islands, or the Virgin Islands who has served at least five years and who retires or is removed upon the sole ground of mental or physical disability, shall be entitled to receive during the remainder of such judge's life an annuity equal to 40 percent of the salary received when the judge left office or, in the case of a judge who has served at least ten years, an annuity equal to that proportion of such salary which the aggregate number of such judge's years of judicial service bears to 15. (Sec. 406) Authorizes the Director of the Federal Judicial Center to fix the compensation of no more than five percent of the positions of the Center at a level not to exceed the annual rate of basic pay of level IV of the Executive Schedule. (Sec. 407) Includes a congressional employee in the capacity of primary administrative assistant to a Member of Congress, or staff director or chief counsel for the majority or minority of a committee or subcommittee of the Senate or House of Representatives, among officials subject to creditable service for purposes of retirement upon completion of five years of service. Title V: Criminal Law - Amends the Federal criminal code to authorize probation and pretrial services officers, if approved by the district court, to carry firearms under such rules as the Director of the Administrative Office may prescribe. (Sec. 502) Authorizes the court to direct the U.S. marshal to arrange or furnish: (1) transportation expenses to enable a defendant who is financially unable to provide transportation to consult with his or her attorney or to return to the place of his or her arrest or bona fide residence; and (2) lodging expenses during the defendant's travel to his or her destination during any proceedings at which his or her appearance is required or during the time he or she is consulting with counsel. (Sec. 503) Amends the Contract Services for Drug Dependent Federal Offenders Treatment Act of 1978 to reauthorize appropriations. Title VI: Criminal Justice Act Amendments - Amends the Federal criminal code to require that a Federal defender organization be established for any district or part of a district or combination of districts where the Judicial Conference determines that: (1) such an organization would be cost effective; or (2) the interests of effective representation otherwise require establishment of such an organization. Authorizes two adjacent districts or parts of districts to establish a defender organization to serve both areas. (Sec. 602) Permits the plan for any district which has not established a Federal defender organization to provide for the establishment of a panel attorney support office to assist the court in managing the panel of attorneys who provide representation pursuant to such plan. Requires such office to provide advice to appointed counsel, maintain a list of members of the panel, review vouchers for compensation prior to submission to judicial officers for approval, coordinate training of members of the panel, and perform any other duties in administering the plan for the district which the court may delegate. Requires the district court to appoint an administrator to direct such office. Specifies that: (1) the Administrator may be employed on a part-time or full-time basis and may appoint such number of employees as may be approved by the Director of the Administrative Office; and (2) such employees shall be subject to removal by the Administrator. (Sec. 603) Provides for the Judicial Conference to determine: (1) compensation for attorneys appointed by the court; and (2) maximum amounts of compensation for services other than counsel. (Sec. 605) Specifies that the services of paralegals and qualified law students shall be compensated or reimbursed at hourly rates established by the Judicial Conference. (Sec. 606) Amends the Federal judicial code to make provisions of the Tort Claims Act applicable to any claim for money damages for injury, loss of liberty, loss of property, or personal injury or death arising from malpractice or negligence of an officer or employee of a Federal Public Defender Organization in furnishing representational services. Title VII: Places of Holding Court - Amends the Federal judicial code to rename the Hammond Division in Indiana as the Western Division and to direct that court for such division be held at Lafayette and at a suitable site in Lake or Porter Counties. (Sec. 702) Directs that court for the: (1) Southern District of New York be held at New York and White Plains (as under current law) and in the Middletown-Wallkill area of Orange County, or such nearby location as may be deemed appropriate; and (2) Sherman Division of the Eastern District of Texas be held at Sherman (as under current law) and Plano. Title VIII: Bankruptcy - Authorizes a bankruptcy administrator or the bankruptcy administrator's designee to: (1) preside at a meeting of creditors and of equity security holders; and (2) examine the debtor at a meeting of creditors and administer the oath. (Sec. 803) Authorizes an entity injured by a willful violation of an automatic stay under a title 11 proceeding to recover actual damages, including costs and attorney fees, and (where appropriate) punitive damages. Title IX: Miscellaneous - Amends the Federal judicial code to authorize the Director of the Administrative Office to pay a claim by a person summoned to serve or serving as a grand juror or petit juror for loss of, or damage to, personal property that occurs incident to that person's performance of duties in response to the summons or at the direction of an officer of the court. Grants the Director authority granted to the head of an agency for the consideration of employees' personal property claims. Requires the Director to prescribe guidelines for the consideration of claims. (Sec. 902) Expands workers' compensation coverage for jurors to cover traveling to or from the courthouse pursuant to a jury summons or sequestration order, or as otherwise necessitated by order of the court. (Sec. 903) Repeals a provision barring from jury service members of fire and police departments and public officers actively engaged in the performance of official duties. (Sec. 904) Considers a court reporter to be a full-time employee during any pay period for which the reporter receives a salary at the annual salary rate fixed for a full-time reporter. (Sec. 909) Provides that: (1) when the office of clerk of court is vacant, the deputy clerks shall perform the duties of the clerk in the name of the last person who held that office; and (2) when the clerk is incapacitated, absent, or otherwise unavailable to perform official duties, the deputy clerks shall perform the duties of the clerk in the name of the clerk. Authorizes the court to designate a deputy clerk to act temporarily as clerk of the court in his or her own name. (Sec. 910) Specifies that a judgment in an action for the recovery of money or property entered in any court of appeals, bankruptcy court, or in the Court of International Trade, as well as any district court, may be registered by filing a certified copy of the judgment, subject to specified requirements. (Sec. 911) Authorizes magistrate judge positions in the district courts of Guam and the Northern Mariana Islands. (Sec. 912) Repeals a provision authorizing any civil action, not of a local nature, against defendants residing in different districts in the same State to be brought in any of such districts.
Bill· HRH.R. 4367 (103rd)referred
United States · United States Congress · 5 May 1994
Pension Reform Act of 1993 - Amends the Employee Retirement Income Security Act of 1974 (ERISA) and the Internal Revenue Code (IRC) with respect to pension integration, participation, and vesting requirements. Extends applicability of new integration rules under the Tax Reform Act of 1986 to all existing accrued benefits. Amends the IRC to disallow integration for simplified employee pensions, by repealing provisions relating to permitted disparity under rules limiting discrimination under simplified employee pensions. Provides for eventual repeal of certain integration rules, by repealing for plan years beginning on or after January 1, 2002, IRC provisions relating to: (1) pension integration exceptions under nondiscrimination requirements for qualification; and (2) nondiscriminatory coordination of defined contribution plans with Old Age, Survivors and Disability Insurance. Revises IRC minimum coverage requirements with respect to separate lines of business. Sets forth a special rule where the employer operates a single line of business. Limits a line of business exception. Eliminates a special vesting rule for multiemployer plans under IRC and ERISA. Provides for division of pension benefits upon divorce unless otherwise provided in qualified domestic relations orders. Provides for the continued availability of remedies relating to rights of spouses to accrued benefits under pension plans under divorce case domestic relations orders entered before 1985. Amends the Railroad Retirement Act of 1974 to revise provisions relating to divorced wives' eligibility for annuities.
Bill· HRH.R. 4356 (103rd)referred
United States · United States Congress · 5 May 1994
Charitable Contributions Encouragement Act of 1994 - Amends the Internal Revenue Code to allow taxpayers who do not itemize deductions to deduct a portion of their charitable contributions. Excludes the deduction for charitable contributions from the overall limitation on itemized deductions.
Bill· SS. 2074 (103rd)referred
United States · United States Congress · 4 May 1994
Crime Victim Assistance Improvement Act - Amends the Federal criminal code to increase the special assessments on convicted persons in the case of a felony. Extends the period of obligation to pay an assessment. Prohibits a person sentenced to pay a fine or restitution from being released from custody following sentencing until the person has paid the fine or restitution in full. Authorizes the court, if the interest of justice requires, to permit the defendant to delay payment. Provides for the enforcement of a sentence of a fine through an order suspending Federal benefits or requiring community service. Amends the Victims of Crime Act of 1984 to authorize the Director of the Office for Victims of Crime to retain any portion of the Crime Victims Fund that was deposited during a fiscal year in excess of 110 percent of the total amount deposited during the preceding fiscal year as a reserve for use in a year in which the Fund falls below the amount available in the previous year. Limits the amount held in reserve at any time to $20 million. Prohibits payments to delinquent criminal debtors by State crime victim compensation programs. Excludes certain sums received from such programs for purposes of means tests. Makes declarations regarding the "Son of Sam" law and forfeiture of collateral profits of crime. Requires the court, upon the motion of the U.S. attorney after conviction of a defendant of an offense punishable by imprisonment for more than one year, to order the defendant to forfeit any payment for any item sold or service provided by the defendant if the payment would not have been offered but for the defendant's notoriety as the perpetrator, or if the sale or service is otherwise related to the defendant's having committed the offense. Amends the Victims of Crime Act of 1984 to make sums in the Crime Victims Fund specifically available to Indian tribes.
Bill· SS. 2070 (103rd)referred
United States · United States Congress · 4 May 1994
Amends the Internal Revenue Code to restore the business meal expense deduction to 80 percent (currently 50 percent) for individuals subject to the hours of service limitations of the Department of Transportation.
Bill· HRH.R. 4340 (103rd)referred
United States · United States Congress · 4 May 1994
Amends the Internal Revenue Code to provide that the use of the percentage of completion method of accounting is not required with respect to contracts for the manufacture of property if no payments are required to be made before the completion of the manufacture of such property.
Resolution· HRESH.Res. 418 (103rd)passed
United States · United States Congress · 4 May 1994
Waives points of order against the consideration of the conference report on H. Con. Res. 218 (setting forth the congressional budget for the Federal Government for FY 1995 through 1999).
Law· SS. 2060 (103rd)enacted
United States · United States Congress · 3 May 1994
Small Business Administration Amendments of 1994 - Title I: Amends the Small Business Act (the Act) to: (1) allow the Administrator of the Small Business Administration (SBA), under the microloan demonstration program, to make up to 100 percent deferred participation loans to ten small business intermediaries located in urban areas and ten intermediaries located in rural areas;(2) revise the authorized number of microloan programs for fiscal years after 1992; (3) increase from $1.5 to $5 million the annual microloan limits to a State; (4) increase from $1.25 to $1.75 million the total outstanding loan limit authorized for each intermediary; and (5) revise microloan repayment requirements. Title II: Revises provisions concerning the participatory amount of the SBA in small business loans provided on a deferred basis. Increases from $250,000 to $750,000 the authorized outstanding loan amounts for small businesses engaged in or adversely affected by international trade. Title III: Allows the SBA Administrator to inventory the productive facilities and capacities of business (currently, only small businesses) as part of a business loan process. Title IV: Establishes within the SBA an Office of Women's Business Ownership to administer the women's demonstration projects (projects providing financial assistance to businesses owned and controlled by women) created under the Act. Title V: Amends the Act and the Small Business Investment Act to provide that the authority of the SBA to make loans under such Acts shall remain available until expressly repealed. (Sec. 503) Removes a six-month limitation on the payment of transportation expenses of SBA employees in connection with any disaster loan assistance. (Sec. 505) Establishes in the Treasury one Loan Liquidation Fund, replacing various revolving funds, a disaster loan fund, and a business and investment loan fund under the Act. Provides for repayment of all such loans to the Fund. Requires a report from the SBA Administrator to specified congressional committees concerning Fund activities. (Sec. 507) Authorizes the SBA Administrator to specify detailed definitions or standards by which a business shall be recognized as a small business for purposes of the Act, with certain requirements such as an opportunity for public hearing. (Sec. 508) Empowers the SBA Administrator to impose reasonable fees in connection with assistance provided and information compiled and disseminated under the Act and the Small Business Investment Act. Title VI: Authorizes specified program funding levels for FY 1995 through 1997 for loans and other programs, as well as salaries and expenses, as provided or required under the Act and the Small Business Investment Act.
Bill· SS. 2058 (103rd)referred
United States · United States Congress · 3 May 1994
TABLE OF CONTENTS: Title XXI (sic): Army Title XXII: Navy Title XXIII: Air Force Title XXIV: Defense Agencies Title XXV: North Atlantic Treaty Organization Infrastructure Title XXVI: Guard and Reserve Forces Facilities Title XXVII: Expiration and Extension of Authorizations Military Construction Authorization Act for Fiscal Year 1995 - Title XXI (sic): Army - Authorizes the Secretary of the Army to acquire real property and carry out military construction projects in specified amounts at specified installations and locations. Authorizes the Secretary to construct or acquire family housing units, to carry out architectural planning and design activities, and to improve existing military family housing in specified amounts. Authorizes appropriations to the Army for fiscal years after 1994 for military construction, land acquisition, and military family housing functions of the Army. Limits the total cost of construction projects authorized by this title. Title XXII: Navy - Provides, with respect to the Navy, authorizations paralleling those provided for the Army under the previous title. Title XXIII: Air Force - Provides, with respect to the Air Force, authorizations paralleling those provided for the Army. Title XXIV: Defense Agencies - Authorizes the Secretary of Defense to acquire real property and carry out military construction projects in specified amounts at specified installations and locations. Authorizes the Secretary to construct or acquire family housing units, and to improve existing military family housing in specified amounts. Authorizes the Secretary to carry out certain energy conservation projects. Authorizes appropriations to the Department of Defense (DOD) for fiscal years after 1994 for military construction, land acquisition, and military family housing functions of DOD. Limits the total cost of construction projects authorized by this title. Title XXV: North Atlantic Treaty Organization Infrastructure - Authorizes the Secretary of Defense to make contributions for the North Atlantic Treaty Organization (NATO) Infrastructure Program and authorizes appropriations for fiscal years after 1994 for such contributions. Title XXVI: Guard and Reserve Forces Facilities - Authorizes appropriations for fiscal years after 1994 for the Guard and Reserve forces for acquisition, architectural planning and design activities, and construction of facilities. Title XXVII: Expiration and Extension of Authorizations - Terminates all authorizations contained in the preceding titles of this Act on October 1, 1997, or the date of enactment of an Act authorizing funds for military construction for FY 1998, whichever is later. Extends certain FY 1991 and 1992 military construction projects.
Bill· SS. 2059 (103rd)referred
United States · United States Congress · 3 May 1994
TABLE OF CONTENTS: Title I: Procurement Subtitle A: Authorization of Appropriations Subtitle B: Other Matters Title II: Research, Development, Test, and Evaluation Title III: Operation and Maintenance Subtitle A: Authorization of Appropriations Subtitle B: Other Matters Title IV: Military Personnel Authorizations Subtitle A: Active Forces Subtitle B: Reserve Forces Subtitle C: Military Training Student Loads Title V: Military Personnel Policy Subtitle A: Officer Personnel Policy Subtitle B: Reserve Component Matters Subtitle C: Other Matters Title VI: Compensation and Other Personnel Benefits Subtitle A: Pay and Allowances Subtitle B: Retired Pay and Survivor Benefits Title VII: Health Care Provisions Subtitle A: Health Care Management Subtitle B: Personnel Matters Subtitle C: Other Matters Title VIII: Department of Defense Organization and Management Subtitle A: Department of Defense Subtitle B: Professional Military Education Subtitle C: Education Matters Subtitle D: Other Matters Title IX: General Provisions Subtitle A: Financial Matters Subtitle B: Civilian Employee Pay Matters Subtitle C: Other Matters Title X: Matters Relating to Allies, Other Nations, and International Organizations Title XI: Peacekeeping and Related Matters Title XII: Counterproliferation Title XIII: Acquisition Reform National Defense Authorization Act for Fiscal Year 1995 - Title I: Procurement - Subtitle A: Authorization of Appropriations - Authorizes appropriations for FY 1995 to the Army, Navy and Marine Corps, and Air Force for aircraft, missiles, weapons and tracked combat vehicles, ammunition, shipbuilding and conversion, and for other procurement. Authorizes appropriations for FY 1995 for: (1) defense-wide procurement; (2) the Defense Inspector General; (3) the Defense Health Program; and (4) the chemical demilitarization program. Subtitle B: Other Matters - Repeals the current requirement for a separate budget request for the procurement of reserve equipment. Title II: Research, Development, Test, and Evaluation - Authorizes appropriations for FY 1995 for the armed forces for research, development, test, and evaluation (R&D). Title III: Operation and Maintenance - Subtitle A: Authorization of Appropriations - Authorizes appropriations for FY 1995 for the armed forces and specified activities and agencies of the Department of Defense (DOD) for operation and maintenance. Authorizes appropriations for FY 1995 for DOD working capital and revolving funds. Repeals Federal provisions: (1) expressing certain limitations on the use of the Defense Business Operations Fund (Fund); and (2) relating to charges for goods and services provided through the Fund. Allows funds collected from the operation of the Naval Academy laundry to be used for expenses of such operation. Subtitle B: Other Matters - Revises the required date for submission to the Congress of a future-years mission budget of DOD from the date of submission of the President's budget to within 60 days of such date. (Sec. 312) Authorizes the Secretary of Defense to waive the live-fire survivability testing of F-22 aircraft if such testing would be unreasonably expensive or impractical, as long as he certifies such to the Congress. (Sec. 313) Deletes certain information required with respect to a report on the ballistic missile defense mission. (Sec. 314) Repeals provisions of the National Defense Authorization Act for Fiscal Year 1994 concerning advance review and approval of developmental tests of limited defense systems and the independent monitoring of such tests. Adds certain methods of test and evaluation with respect to theater missile defense interceptors. (Sec. 316) Authorizes the President to provide global disaster relief in response to manmade or natural disasters. (Sec. 317) Removes a $400,000 fiscal year limit on funds authorized to be used by the Defense Inspector General for emergency and extraordinary expenses. Title IV: Military Personnel Authorization - Subtitle A: Active Forces - Provides for the authorized end strengths for active-duty forces as of FY 1995. Subtitle B: Reserve Forces - Sets forth the authorized end strengths for reserve personnel as of FY 1995 and for certain reserves on active duty in support of the reserves. Subtitle C: Military Training Student Loads - Sets forth the authorized FY 1995 military training student loads. Title V: Military Personnel Policy - Subtitle A: Officer Personnel Policy - Authorizes the Secretary of the military department concerned to approve officers serving on certain successive selection boards. (Sec. 503) Provides that when the Senate has confirmed some officers on a promotion list but not others: (1) the confirmed appointments may be made; and (2) the Secretary may make appropriate adjustments in the date of rank and effective date of pay for those appointments confirmed later. Revises provisions relating to the enlistment of certain limited duty Navy and Marine Corps officers and to the retention of such officers who are within two years of qualification for retirement pay. Makes permanent (currently terminates as of the end of FY 1995) the authority for the temporary promotion of certain Navy lieutenants. Subtitle B: Reserve Component Matters - Revises the composition of the Reserve Forces Policy Board. (Sec. 512) Provides certain additional and expanded reserve personnel call-up authority for the Secretary and the Secretary of Transportation when the Coast Guard is not under the jurisdiction of the Navy. (Sec. 514) Limits the duration of force reduction transition period annual payments to between one and five years as specified by the Secretary concerned (currently, five years). Subtitle C: Other Matters - Repeals a provision of the National Defense Authorization Act for Fiscal Year 1993 requiring a specified reduction, by the end of FY 1996, in the number of U.S. military personnel assigned to permanent duty outside the United States. Title VI: Compensation and Other Personnel Benefits - Subtitle A: Pay and Allowances - Waives any FY 1995 military pay increase tied to increases in the General Schedule of Compensation for Government employees. Increases by 1.6 percent, effective on January 1, 1995, the rates of basic pay, basic allowance for subsistence, and basic allowance for quarters for members of the armed forces. (Sec. 602) Revises the calculation of retired pay of commissioned officers who did not serve satisfactorily in the grade held at retirement. (Sec. 603) Extends specified expiring authorities for certain special pay and bonus programs within the regular and reserve armed forces. Subtitle B: Retired Pay and Survivor Benefits - Removes the 60-day limit on the amount of unused accrued military leave that may be paid to survivors of military personnel killed while on active duty or dying after retirement from military service. (Sec. 612) Provides disability coverage for certain officer candidates who are granted excess leave. (Sec. 613) Requires forfeiture of any military annuity or retired pay in the case of former or current military personnel convicted of espionage. (Sec. 614) Provides for the crediting of certain reserve service in the computation of retired pay of former military personnel. Title VII: Health Care Provisions - Subtitle A: Health Care Management - Amends the Social Security Act to allow the Secretary and the Coast Guard to receive from the Secretary of Health and Human Services information from the Medicare and Medicaid coverage data bank concerning responsibility for the payment of health care items and services furnished to beneficiaries of military personnel. (Sec. 702) Authorizes the Secretary to reimburse military health personnel for any professional license required for performing duty at a civilian health care facility as part of a resources exchange program. Subtitle B: Personnel Matters - Increases from $6,000 to $15,000 the incentive special pay for certain registered nurse anesthetists. Extends through FY 1998 the authority for certain nurse bonuses. Reduces from five to three the maximum years for a military member to be maintained on the temporary disability retired list. Subtitle C: Other Matters - Allows a person placed in the home of a member or former member of the armed forces for adoption to be considered a dependent for purposes of eligibility for certain health benefits. (Sec. 722) Repeals a Federal provision prohibiting DOD funds from being used to perform abortions unless the life of the mother is in danger. (Sec. 723) Authorizes medical and dental care for abused dependents of military personnel who are discharged from service. Title VIII: Department of Defense Organization and Management - Subtitle A: Department of Defense - Revises provisions concerning the order of succession in the military departments. (Sec. 802) Directs the Secretary of Defense (currently, the Secretary of the Army) to prepare mileage tables used for transportation allowance purposes. (Sec. 803) Amends the National Defense Authorization Act for Fiscal Year 1993 to: (1) extend through FY 1996 the authority of the Secretary to commemorate World War II; and (2) make permanent the authority for DOD to share equitably the costs of claims under international armaments programs. (Sec. 805) Redesignates the: (1) Deputy Under Secretary of Defense for Acquisition and Technology as the Principal Deputy Under Secretary of Defense for Acquisition and Technology; and (2) Deputy Under Secretary of Defense for Policy as the Principal Deputy Under Secretary of Defense for Policy. (Sec. 807) Repeals the requirement that the DOD Comptroller be the Chief Financial Officer of DOD. Redesignates the Comptroller as the Under Secretary of Defense (Comptroller). Subtitle B: Professional Military Education - Authorizes the Secretary to hire civilian faculty members for the Information Resources Management College of the National Defense University. Subtitle C: Education Matters - Makes general revisions to the Defense Department Overseas Teachers Pay and Personnel Practices Act. (Sec. 823) Authorizes the Secretary to provide for the elementary and secondary education of dependents of federally employed personnel and military personnel when the appropriate educational programs are not available through local education agencies in the United States. Subtitle D: Other Matters - Expands DOD authority to receive voluntary services. Repeals a Federal provision prohibiting the use of DOD appropriations to contract for fire fighting or security guard functions at any military facility. (Sec. 833) Provides a two-year statute of limitations with respect to claims for unpaid minimum wages, overtime, or liquidated damages under the Fair Labor Standards Act of 1938. Title IX: General Provisions - Subtitle A: Financial Matters - Exempts routine administrative adjustments to Federal pay from certain employee due process requirements (such as 30 days' prior notification). (Sec. 902) Amends the Contract Disputes Act of 1978 to revise the method of the payment of interest on contractor claims. Subtitle B: Civilian Employee Pay Matters - Extends specified expiring authorities with respect to: (1) reduction in force notification requirements under the National Defense Authorization Act for Fiscal Year 1993; and (2) Federal employee provisions relating to separation pay, the restoration of certain accumulated leave, and the continuation of health benefits for DOD employees involuntarily separated due to a reduction in force. (Sec. 912) Provides travel, transportation, and relocation expenses for DOD employees who are separated from employment and selected for service with the Postal Service. (Sec. 913) Limits severance pay for certain civilian employees who move from an appropriated to a nonappropriated fund position. Subtitle C: Other Matters - Authorizes members and units of the National Guard to provide transportation and other support services to certain youth organizations, including the Boy and Girl Scouts, Boys and Girls Clubs, YMCA, and YWCA. (Sec. 922) Prohibits anyone from using the words "Defense Mapping Agency" or its initials, seal, or other imitation except with the written permission of the Secretary. Provides for enforcement. Prohibits claims or actions against the United States based upon the preparation or dissemination by such Agency of any navigational aid. (Sec. 924) Authorizes the Secretary of the Air Force to reimburse the Civil Air Patrol for the cost of maintaining a staff at its national headquarters. Provides for the employment of retired Air Force officers with the Patrol, with continuation of all retired pay benefits. (Sec. 925) Prohibits funds appropriated to DOD from being used for research involving humans as experimental subjects, unless conducted within regulations prescribed by the Secretary. (Sec. 926) Authorizes the Secretary to conduct military-to-military contacts and comparable activities designed to promote the democratic orientation of the defense establishments and military forces of other countries. (Sec. 927) Authorizes appropriations for FY 1995 for the purchase of sealift vessels for the Ready Reserve. Allows for the transfer of funds for such purposes. Title X: Matters Relating to Allies, Other Nations, and International Organizations - Authorizes the Secretary to acquire, from the United Nations or other such organizations of which the United States is a member, logistic support for forces deployed outside the United States. Authorizes the Secretary to enter into cross servicing agreements with such organizations for the provision of logistic support, supplies, and services. Includes such organizations within current methods of payment for acquisitions and transfers, as well as limitations on amounts that may be obligated or accrued by the United States for the acquisition of supplies. Title XI: Peacekeeping and Related Matters - Authorizes the President to provide appropriate assistance to international peacekeeping and peace enforcement activities, and to make contributions on behalf of the United States for operations conducted by the United Nations. Requires reimbursement. Establishes in the Treasury the Contributions for International Peacekeeping and Peace Enforcement Activities Fund for deposit of reimbursed amounts, as well as appropriated amounts. Provides an annual reporting requirement. Authorizes appropriations. Title XII: Counterproliferation - Amends the National Defense Authorization Act for Fiscal Year 1993 to: (1) extend through FY 1995 the authority of the Secretary to provide assistance to support international nonproliferation activities; (2) extend through FY 1995 required quarterly reports concerning such assistance; (3) replace the On-Site Inspection Agency with DOD with regard to activities in support of the U.N. Special Commission on Iraq; (4) include among such financially assisted activities the dismantlement and destruction of nuclear, biological, and chemical weapons, as well as their delivery systems and related technologies; and (5) repeal fiscal year and funding limitations with regard to such assistance. Amends the National Defense Authorization Act for Fiscal Year 1994 to: (1) repeal certain reporting requirements and funding limitations; and (2) extend permanently the authority for studies relating to U.S. counterproliferation policy. Authorizes FY 1995 appropriations for conducting counterproliferation activities. Title XIII: Acquisition Reform - Authorizes the Secretary to enter into transactions other than contracts and agreements to carry out basic, applied, and advanced research projects through the Advanced Research Projects Agency. Amends the National Defense Authorization Act for Fiscal Year 1994 to: (1) allow the Secretaries of the military departments (currently, only the Secretary of Defense) to maintain lists of plants equipped to manufacture arms or ammunition; (2) ensure the Government's rights in technical data when providing the services of Government laboratories and equipment; and (3) allow the President to order through the Secretaries of the military departments (currently, only the Secretary of Defense) products or materials to be used for industrial mobilization purposes. Provides for the public sale of vessels stricken by the Secretary of the Navy from the Naval Vessel Registry due to being unfit for service. Allows such vessels to be transferred to a State or local government or other entity or used for experimental purposes.
Bill· HRH.R. 4328 (103rd)open
United States · United States Congress · 3 May 1994
TABLE OF CONTENTS: Title I: Contract Formation Subtitle A: Competition Statutes Subtitle B: Truth in Negotiations Subtitle C: Procurement Protests Subtitle D: Definitions and Other Matters Title II: Contract Administration Subtitle A: Contract Payment Subtitle B: Cost Principles Subtitle C: Audit and Access to Records Subtitle D: Cost Accounting Standards Title III: Simplified Acquisition Threshold and Socioeconomic, Small Business, and Miscellaneous Laws Subtitle A: Simplified Acquisition Threshold Subtitle B: Socioeconomic and Small Business Laws Subtitle C: Miscellaneous Acquisition Laws Title IV: Standards of Conduct Title V: Commercial Items Title VI: Miscellaneous Provisions Title VII: Effective Dates and Regulations Federal Acquisition Reform Act of 1994 - Title I: Contract Formation - Subtitle A: Competition Statutes - Amends the Office of Federal Procurement Policy Act to require executive agencies, in conducting property or services procurement, to obtain full and open competition through the use of specified competitive procedures. Allows such procedures, in certain circumstances, to exclude particular sources. Sets forth requirements for justifying use of noncompetitive procedures. (Sec. 1061) Specifies solicitation, evaluation, and award requirements, including those for evaluation of purchase options, prompt notice of award, post-award debriefings, protest files, award of costs and fees in agency settlement of protests, and award of multiple contracts. (Sec. 1071) Amends the Federal Property and Administrative Services Act of 1949 (FPASA) to repeal the requirement that an agency head determine that a cost, cost-plus-a-fixed-fee, or an incentive-type contract is likely to be less costly than other contracting methods, or that it is impractical to use other methods, before such a method may be used. (Sec. 1072) Authorizes agency heads to enter into: (1) multiyear contracts meeting specified criteria for acquisition of property or services; and (2) severable contracts for procurement of services for a twelve-month period beginning in one fiscal year and ending in the next. (Sec. 1074) Requires revision of the Federal Acquisition Regulation (FAR) to include regulations governing the exercise authority under the Economy Act for Federal agencies to purchase goods and services under contracts entered into or administered by other Federal agencies. (Sec. 1091) Amends the Office of Federal Procurement Policy Act (OFPPA) to require the Administrator for Federal Procurement Policy (FPP Administrator) to prescribe for executive agencies guidance regarding consideration of the past contract performance of offerors in awarding contracts. (Sec. 1092) Repeals the requirement for annual agency reports to Congress on competition. (Sec. 1093) Directs the Federal Acquisition Regulatory Council (FARC) to promulgate regulations to discourage the use of nonstandard contract clauses on a repetitive basis. Subtitle B: Truth in Negotiations - Amends the OFPPA to require agency heads to require offerors, contractors, and subcontractors to make cost or pricing data available according to specified procedures. Subtitle C: Procurement Protests - Amends Federal law to revise the periods for specified actions with respect to review of protests. Revises requirements for Federal agency suspension of performance of a contract which is the subject (or likely subject) of a protest. (Sec. 1403) Requires the head of the procuring activity of a Federal agency responsible for a particular contract to report within 60 days after receiving notices of the agency's failure to implement fully the Comptroller General's recommendations with respect to a protested solicitation for or a proposed or actual award of a contract. Revises requirements for agency payment of protest costs to an interested party when the agency has not complied with a statute or regulation. Requires a prompt Comptroller General (CG) report to certain congressional committees of any case in which a Federal agency fails to implement CG recommendations with respect to a protest. (Sec. 1404) Authorizes the CG to prescribe procedures for the electronic filing and dissemination of documents and information required with respect to awards and protests. (Sec. 1431) Amends the FPASA to authorize the Administrator of General Services (GSA Administrator) to revoke a delegation of authority with respect to a particular contract before or after its award, except that the GSA Administrator may revoke a delegation after the contract is awarded only where there is a finding of a violation of law or regulation in connection with the contract award. (Sec 1432) Authorizes the General Services Administration Board of Contract Appeals, upon an interested party's request, to review any contracting officer's decision alleged to violate the conditions of a delegation of procurement authority. (Sec. 1433) Revises requirements with respect to: (1) periods for processing contract award protest actions; (2) dismissal of protests; (3) award to prevailing party of consultant and expert witness fees; (4) dismissal agreements; and (5) matters to be covered in regulations governing the expeditious disposition of protests. (Sec. 1439) Directs the GSA Administrator to collect and compile data regarding the procurement of automatic data processing equipment by Federal agencies. Requires the GSA Administrator to review such information periodically, using it to determine agency compliance with requirements. Authorizes the GSA Administrator to suspend the delegation to a Federal agency of authority to lease or purchase automatic data processing equipment upon any failure of the agency head to report required information. Subtitle D: Definitions and Other Matters - Amends specified definitions in the FPASA. (Sec. 1552) Amends the OFPPA to authorize agency heads to delegate procurement functions to any other agency officer or official. (Sec. 1553) States that procurement determinations and decisions required to be made by an agency head may be made for an individual purchase or contract or for a class of purchases or contracts. (Sec. 1554) Declares that letters of offer for the sale of defense articles or services shall not include any charge for the proportionate amount of any nonrecurring costs of research, development, and production of major defense equipment. (Sec. 1555) Repeals specified Federal law requiring Federal agencies, when purchasing toner cartridges for laser printers, photocopiers, or microphotographic printers to give preference to recycled toner cartridges and to remanufactured toner cartridges made in the United States by small businesses. (Sec. 1556) Amends the FPASA to provide, upon request, for the use (but not purchase from Federal stock or inventory) of Federal supply schedules or other contracts by State, local, and tribal governments, the District of Columbia, and Puerto Rico. Title II: Contract Administration - Subtitle A: Contract Payment - Amends the OFPPA, with respect to contract financing, to authorize executive agencies to: (1) make advance, partial, progress or other payments under property or services contracts; and (2) insert in bid solicitations for property or services procurement a provision limiting to small business concerns advance or progress payments. Subtitle B: Cost Principles - Requires executive agency heads to require that a covered contract provide that, if the contractor submits a proposal for settlement of indirect cost incurred for any period after such costs have been accrued, and if that proposal includes the submission of a cost unallowable because it violates a cost principle in the FAR (or an agency's supplement to the FAR), the cost shall be disallowed. Formulates penalties for violation of cost principles (including submission of costs known not to be allowable), with provision for waiver of penalty. Specifies unallowable costs, including costs of criminal, civil, and administrative proceedings relating to violations of Federal or State law or regulation. Requires the FAR to contain provisions on the allowability of contractor costs, clarifying the cost principles applicable to specified contractor costs. (Sec. 2152) Limits reasonable and allowable costs for the travel expenses of Government contractors only to those contracts requiring submission of cost or pricing data or the negotiation of final indirect costs. Subtitle C: Audit and Access to Records - Specifies an executive agency head's authority to examine the plant and audit records of contractors and subcontracts. Subtitle D: Cost Accounting Standards - Repeals a specified obsolete deadline regarding procedural regulations for the Cost Accounting Standards Board. Title III: Simplified Acquisition Threshold and Socioeconomic, Small Business, and Miscellaneous Laws - Subtitle A: Simplified Acquisition Threshold - Amends the OFPPA to set a simplified acquisition threshold (SAT) of $25,000 ($100,000 for agencies with a FACNET system), adjusted periodically according to a specified formula. (Sec. 3002) Directs the Administrator of the Office of Federal Procurement Polich (FPP Administrator) to establish a program for the development and implementation of a Federal acquisition computer network (FACNET) system to provide widespread electronic public notice of agency orders and solicitations for contract opportunities. Specifies the functions, with respect to the FACNET system, of the GSA Administrator and the the Director of the National Institute of Standards and Technology. (Sec. 3003) Requires each executive agency head to implement the FACNET system. (Sec. 3011) Requires the FAR to provide for special simplified acquisition procedures. (Sec. 3013) Requires executive agency heads to ensure that procuring activities, in awarding contracts with a price exceeding the micro-purchase threshold ($2,500, adjusted annually), comply with certain requirements of the Small Business Act. States that specified authority under the FAR to make purchases without securing competitive quotations does not apply to purchases exceeding the micro-purchase threshold. (Sec. 3015) Reserves exclusively for small business concerns each procurement contract with an anticipated value of $100,000 or less unless the contracting officer cannot obtain offers from two or more small businesses that are competitive: (1) with market prices; and (2) with regard to the quality and delivery of the goods or services being procured. (Sec. 3016) Requires the Comptroller General to study and report to specified congressional committees on: (1) the effects of the SAT on the participation of small business concerns (including those owned and controlled by socially and economically disadvantaged individuals) in procurement awards of under $100,000; and (2) any benefits and detriments to the procuring activities of the various executive agencies. (Sec. 3021) States that no future enacted procurement law shall be construed as applying to contracts that do not exceed the SAT unless it specifically addresses the pertinent provisions of this Act. (Sec. 3022) Authories the Federal Acquisition Regulatory Council (FARC) to waive procurement laws, in certain circumstances, for contracts not exceeding the SAT. (Sec. 3081) Requires FARC to review the FAR: (1) to identify regulations applicable to acquisitions exceeding a specified amount less than $100,000; and (2) amend them to provide that they do not apply to acquisitions that do not exceed the SAT. Subtitle B: Socioeconomic and Small Business Laws - Directs the FPP Administrator to prescribe procedures relating to prime contractor compliance with payment terms with respect to subcontractors and suppliers. (Sec. 3102) Establishes a Small Business Procurement Advisory Council to serve as a discussion forum, provide information to other Federal agencies, and issue advisory reports to the Small Business Administration and the Office of Federal Procurement Policy on small business procurement matters. Subtitle C: Miscellaneous Acquisition Laws - Amends the OFPPA to declare that no provision of Federal law may be construed as requiring an executive agency procurement to be made (by use of noncompetitive procedures) from a specified non-Federal source unless that provision specifically: (1) refers to this restriction; (2) identifies the non-Federal source; and (3) states that the procurement is necessary in contravention of this policy. Title IV: Standards of Conduct - Amends the OFPPA to state that only Federal employees may be paid for services to conduct evaluations or analyses of an acquisition proposal (thus prohibiting outside contracting) unless none are readily available to perform such functions. (Sec. 4003) Amends Federal law to declare that no Member of Congress shall be admitted to any share of any contract or agreement made by or on behalf of the United States, or to any benefit to arise thereupon. (Sec. 4004) Amends the OFPPA to lengthen from 30 days to 60 days the waiting period after publication before the effective date of significant changes proposed for acquisition regulations. Permits an earlier effective date in compelling circmstances, but no earlier than 30 days after publication. Title V: Commercial Items - Amends the OFPPA to require executive agency head to ensure preference for supplies and services and acquisition is given to commercial items and nondevelopmental items (prevously developed commercial items in use by Federal, State, local, or certain foreign governments which require only minor modification of the type normally available in the commercial marketplace to meet procurement requirements). (Sec. 5003) Requires the FAR to provide regulations containing specified terms and conditions for contracts for acquisition of commercial items. (Sec. 5004) Declares that no future law may be construed as applying to agency purchases of commercial items without specific reference to and modification of this section. (Sec. 5005) Authorizes FARC to waive certain procurement laws for contracts for commercial items in specified circumstances. (Sec. 5006) Exempts the submission of offers of commercial items from specified deadlines, and requires the FPP Administrator to prescribe in the FAR appropriate limits on the applicability of any required deadline. (Sec. 5007) Makes advocates for competition for each procuring activity responsible for promoting acquisition of commercial items and other nondevelopmental items. (Sec. 5008) Declares certain provisions of specified Federal law unaffected by this Act. (Sec. 5009) Requires the Comptroller General to report to the Congress on Federal government use of market research. Title VI: Miscellaneous Provisions - Authorizes the FPP Administrator to: (1) test alternative and innovative procurement procedures, limited to no more than two specific contracting activities in designated agencies; and (2) delegate to the Secretary of Defense authority to conduct seven pilot programs of such procedures. Prescribes test requirements. (Sec. 6002) Directs the FPP Administrator to study and report to the Congress on participation by certain small businesses in Federal procurement. (Sec. 6003) Amends the OFPPA to specify goals for FY 1994 through 2000 for government-wide contracting with small disadvantaged businesses and certain minority institutions of higher education. (Sec. 6004) Requires the FPP Administrator to devise policies and procedures for the establishment of education and training programs authorizes by such Act, including a sensitivity training course for critical procurement personnel designed to increase the participation in agency procurement activities of small business concerns owned and controlled by socially and economically disadvantaged individuals, women, and other minorities. (Sec. 6005) Declares the sense of Congress that FARC should consider using negotiated rulemaking procedures or similar techniques intended to achieve specified administrative benefits. (Sec. 6006) Requires the FPP Administrator to provide for a Government-wide awards to recognize and promote vendor and procurement-related officer and employee excellence. Title VII: Effective Dates and Regulations - Sets forth effective dates of this Act. (Sec. 7002) Requires revision of the FAR by a certain deadline to implement this Act. (Sec. 7004) Requires modification of the Federal Procurement Data System to collect from contracts exceeding the simplified acquisition threshold certain data pertinent to solicitation offers, contract awards, awards to businesses owned and controlled by women, and other related matters.
Bill· HRH.R. 4331 (103rd)open
United States · United States Congress · 3 May 1994
Directs the Secretary of Defense to terminate the C-17 aircraft acquisition program with those aircraft for which funds are appropriated for FY 1995. Prohibits the obligation of funds appropriated: (1) for FY 1995 for procurement of long-lead items for such aircraft; or (2) after FY 1995 for procurement of such items or such aircraft. Requires the Secretary to develop, and report to the Congress on, a program to meet the remaining strategic airlift requirements of the Air Force through the acquisition of nondevelopmental airlift aircraft.
Bill· HRH.R. 4326 (103rd)referred
United States · United States Congress · 3 May 1994
Amends the Internal Revenue Code to provide a special rule for persons with a deceased parent for purposes of the generation-skipping transfer tax.
Bill· HRH.R. 4327 (103rd)referred
United States · United States Congress · 3 May 1994
Franked Mail Savings Act - Prohibits a Member, Member-elect, officer, or employee of the House of Representatives from sending franked mail matter. Requires persons previously authorized to use the frank to use postage stamps, postage meters, or other authorized methods of prepayment of postage. Applies this prohibition to mail matter mailed after December 31, 1994. Prohibits the amount provided for official mail costs of the House: (1) for FY 1995 from exceeding 50 percent of the amount made available for FY 1994; and (2) for FY 1996 from exceeding 25 percent of the amount made available for FY 1994. Amends the Legislative Branch Appropriations Act, 1991 to prohibit a Member of the House from transferring amounts from his or her Official Expenses Allowance and Clerk Hire Allowance to his or her Official Mail Allowance. Requires any amount provided for official mail costs of the House for FY 1994 that remains unobligated at the end of that fiscal year to be deposited in the Treasury for the sole purpose of deficit reduction. Expresses the intent of the Congress that a Member of, or Member-elect to, the Congress may not mail any mass mailing paid from official funds (currently, as franked mail) if the mass mailing is postmarked fewer than 120 (currently, 60) days immediately before the date of any primary or general election in which the Member is a candidate for reelection. Prohibits appropriated funds from being used to purchase United States Capitol Historical Society calendars for the House.
Bill· HRH.R. 4321 (103rd)referred
United States · United States Congress · 2 May 1994
Amends the Internal Revenue Code to provide that certain identifying information is not required in the reporting of cash payments of legal fees.
Bill· HRH.R. 4318 (103rd)referred
United States · United States Congress · 28 April 1994
TABLE OF CONTENTS: Title I: Welfare Reform Subtitle A: Aid To Families With Dependent Children Subtitle B: Earned Income Tax Credit Subtitle C: Microenterprise and Small Business Development Subtitle D: Effective Date Title II: Federal Job Training Program Reforms Subtitle A: Studies and Reports Subtitle B: Economic Self-Sufficiency Standards for Federal Job Training Programs Subtitle C: Effective Date Title III: Child Support Enforcement Working Off Welfare Act of 1994 - Title I: Welfare Reform - Subtitle A: Aid to Families with Dependent Children - Amends parts A (Aid to Families with Dependent Children) (AFDC) and F (Job Opportunities and Basic Skills Training Program) (JOBS) of title IV of the Social Security Act (SSA) to make various specified changes with regard to, among other things, income disregards, support services and case management, school attendance and child care, and job training and education in order to enable families on welfare to become self-sufficient. Subtitle B: Earned Income Tax Credit - Directs the Secretary of the Treasury (Secretary) to submit to the Congress recommendations for procedures under which the Federal Government may make quarterly advance payments of earned income credit. Subtitle C: Microenterprise and Small Business Development - Amends SSA title IV part A to give States the option of disregarding certain income and resources related to microenterprise initiatives or designated for education, training, or employability through the use of a qualified asset account. (Sec. 141) Requires the Secretary of Health and Human Services (HHS) to: (1) study and report to the Congress on the use of such accounts; and (2) report to the Congress on the AFDC asset limit on automobiles. Provides for the inclusion of microenterprise training and activities in the JOBS program. Subtitle D: Effective Date - Sets forth effective dates for this title. Title II: Federal Job Training Program Reforms - Subtitle A: Studies and Reports - Requires the Secretaries of Education, of HHS, and of Labor (Secretaries) each to study the effectiveness of the job training programs under their respective jurisdictions for a report to the Congress. (Sec. 202) Requires the Comptroller General to study and report to the Congress on the effectiveness of such programs, including the extent to which they are successful at placing participants into certain unsubsidized employment. Subtitle B: Economic Self-Sufficiency Standards for Federal Job Training Programs - Requires the Secretaries jointly to develop and publish in the Federal Register proposed standards for measuring the minimum amount of wages and employment benefits that a participant should receive after termination from such program in order to ensure his or her long-term economic self-sufficiency. Subtitle C: Effective Date - Sets forth the effective date for this title. Title III: Child Support Enforcement - Directs the Secretary to establish in the Internal Revenue Service (IRS) a national registry (NR) of all child support orders, maintaining an abstract of each order containing certain specified information. (Sec. 301) Amends SSA title IV part D (Child Support and Establishment of Paternity) to require certain State procedures, including procedures for ensuring that: (1) a copy of each child support order issued, modified, or being enforced in the State is transmitted to the NR; and (2) a notice of court or administrative review and, under certain conditions, a statement of arrears owed are included with each order transmitted. Requires NR, upon the receipt from an employer of a W-4 form completed by an employee, to report to the employer information on: (1) whether the employee is subject to a child support order for wage withholding; and (2) the aggregate amount of support involved. (Sec. 302) Requires the Secretary to establish a system for enabling such information, as well as information identifying the person to whom any child support is owed, to be obtained at the workplace via W-4 form reporting by employees. Amends the Internal Revenue Code to: (1) require employers to deduct and withhold child support obligations from employee wages, pay withholdings to the Secretary, forward individual W-4 forms to NR, and include withheld obligations on the employee's W-2 form; (2) require individuals with monthly shortfalls in child support payments because of inadequate wage withholding to make payments directly to the Secretary, with the full amount due by the end of the applicable tax year subject to the same collection process and penalties applicable to back taxes; and (3) provide for a tax credit for withholdings and payments in excess of applicable obligations. (Sec. 304) Directs the Secretary to pay to the appropriate payee on a monthly basis a portion of the amount of child support received on account of an obligation payable to such payee, with interest payable on late payments. (Sec. 305) Amends SSA title IV part D to require: (1) certain individuals applying for child support collection or paternity determination services to use a new Federal application form in applying for such services; (2) State part D plans to provide for ongoing outreach programs to persons eligible for plan services; and (3) the separate organizational unit under the direction of the Secretary of HHS' designee to issue regulations for ensuring State plans for serving underserved populations and accommodations for assisting non-English speaking persons and the hearing impaired. (Sec. 306) Establishes the Commission on Child Support Guidelines to recommend to the Congress national child support guidelines to be followed by State courts and administrative bodies in setting child support award amounts. (Sec. 307) Directs the Secretary of HHS to: (1) establish by a certain deadline the staffing requirements already required for State child support programs; (2) streamline the child support audit process; and (3) jointly issue with the Secretary regulations governing coordination of State child support collection activities with those of the IRS. Provides for: (1) an increase in the Federal matching rate as an incentive for States increasing paternity establishment and meeting staffing requirements for child support programs; and (2) inclusion in consumer credit reports of information on individual consumers' overdue support obligations. Adds: (1) maintenance of effort requirements for State child support and AFDC programs; and (2) additional specified requirements with respect to procedures for paternity establishment and acknowledgment affidavits.
Bill· SS. 2052 (103rd)referred
United States · United States Congress · 26 April 1994
Amends the Internal Revenue Code to require the transfer of specified amounts equivalent to the motorboat fuel taxes received during a year by the Highway Trust Fund to the land and water conservation fund. Extends the authority to make amounts in the Boat Safety Account available for State recreational boating safety programs. Amends the Dingell-Johnson Sport Fish Restoration Act to require for FY 1995 through 1998 the transfer of specified amounts from the Sport Fish Restoration Account to the Boat Safety Account of the Aquatic Resources Trust Fund for recreational boating safety programs. Earmarks specified amounts for qualified projects under the Clean Vessel Act of 1992. Transfers unobligated amounts for recreational boating safety programs. Amends Federal shipping law to make a specified amount of funds from the Boat Safety Account available for expenditures out of the operating expenses account of the Coast Guard for services provided by it for recreational boating safety, including services provided by the Coast Guard Auxiliary. Authorizes expenditure of the balance of amounts transferred each year to the Boat Safety Account for State recreational boating safety programs.
Law· HRH.R. 4299 (103rd)enacted
United States · United States Congress · 26 April 1994
TABLE OF CONTENTS: Title I: Intelligence Activities Title II: Central Intelligence Agency Retirement and Disability System Title III: General Provisions Intelligence Authorization Act for Fiscal Year 1995 - Title I: Intelligence Activities - Authorizes appropriations for FY 1995 for intelligence and intelligence-related activities in specified departments and agencies of the U.S. Government, including the Central Intelligence Agency, the Department of Defense, and the Drug Enforcement Administration. Declares that the authorized amounts and personnel ceilings for such intelligence activities are those specified in the classified schedule of authorizations. Authorizes appropriations for FY 1995 for the Community Management Account of the Director of Central Intelligence. Authorizes full-time personnel for such Account. Title II: Central Intelligence Agency Retirement and Disability System - Authorizes appropriations for the Central Intelligence Agency Retirement and Disability Fund for FY 1995. Title III: General Provisions - Permits appropriations authorized by this Act for benefits for Federal employees to be increased as may be necessary for increases in compensation or benefits authorized by law. Prohibits the authorization of appropriations by this Act from constituting authority for the conduct of any intelligence activity not otherwise authorized by the Constitution or laws of the United States.
Bill· HRH.R. 4301 (103rd)open
United States · United States Congress · 26 April 1994
TABLE OF CONTENTS: Title I: Procurement Subtitle A: Authorization of Appropriations Subtitle B: Other Matters Title II: Research, Development, Test, and Evaluation Title III: Operation and Maintenance Subtitle A: Authorization of Appropriations Subtitle B: Other Matters Title IV: Military Personnel Authorizations Subtitle A: Active Forces Subtitle B: Reserve Forces Subtitle C: Military Training Student Loads Title V: Military Personnel Policy Subtitle A: Officer Personnel Policy Subtitle B: Reserve Component Matters Subtitle C: Other Matters Title VI: Compensation and Other Personnel Benefits Subtitle A: Pay and Allowances Subtitle B: Retired Pay and Survivor Benefits Title VII: Health Care Provisions Subtitle A: Health Care Management Subtitle B: Personnel Matters Subtitle C: Other Matters Title VIII: Department of Defense Organization and Management Subtitle A: Department of Defense Subtitle B: Professional Military Education Subtitle C: Education Matters Subtitle D: Other Matters Title IX: General Provisions Subtitle A: Financial Matters Subtitle B: Civilian Employee Pay Matters Subtitle C: Other Matters Title X: Matters Relating to Allies, Other Nations, and International Organizations Title XI: Peacekeeping and Related Matters Title XII: Counterproliferation Title XIII: Acquisition Reform National Defense Authorization Act for Fiscal Year 1995 - Title I: Procurement - Subtitle A: Authorization of Appropriations - Authorizes appropriations for FY 1995 to the Army, Navy and Marine Corps, and Air Force for aircraft, missiles, weapons and tracked combat vehicles, ammunition, shipbuilding and conversion, and for other procurement. Authorizes appropriations for FY 1995 for: (1) defense-wide procurement; (2) the Defense Inspector General; (3) the Defense Health Program; and (4) the chemical demilitarization program. Subtitle B: Other Matters - Repeals the current requirement for a separate budget request for the procurement of reserve equipment. Title II: Research, Development, Test, and Evaluation - Authorizes appropriations for FY 1995 for the armed forces for research, development, test, and evaluation (R&D). Title III: Operation and Maintenance - Subtitle A: Authorization of Appropriations - Authorizes appropriations for FY 1995 for the armed forces and specified activities and agencies of the Department of Defense (DOD) for operation and maintenance. Authorizes appropriations for FY 1995 for DOD working capital and revolving funds. Repeals Federal provisions: (1) expressing certain limitations on the use of the Defense Business Operations Fund (Fund); and (2) relating to charges for goods and services provided through the Fund. Allows funds collected from the operation of the Naval Academy laundry to be used for expenses of such operation. Subtitle B: Other Matters - Revises the required date for submission to the Congress of a future-years mission budget of DOD from the date of submission of the President's budget to within 60 days of such date. (Sec. 312) Authorizes the Secretary of Defense to waive the live-fire survivability testing of F-22 aircraft if such testing would be unreasonably expensive or impractical, as long as he certifies such to the Congress. (Sec. 313) Deletes certain information required with respect to a report on the ballistic missile defense mission. (Sec. 314) Repeals provisions of the National Defense Authorization Act for Fiscal Year 1994 concerning advance review and approval of developmental tests of limited defense systems and the independent monitoring of such tests. Adds certain methods of test and evaluation with respect to theater missile defense interceptors. (Sec. 316) Authorizes the President to provide global disaster relief in response to manmade or natural disasters. (Sec. 317) Removes a $400,000 fiscal year limit on funds authorized to be used by the Defense Inspector General for emergency and extraordinary expenses. Title IV: Military Personnel Authorization - Subtitle A: Active Forces - Provides for the authorized end strengths for active-duty forces as of FY 1995. Subtitle B: Reserve Forces - Sets forth the authorized end strengths for reserve personnel as of FY 1995 and for certain reserves on active duty in support of the reserves. Subtitle C: Military Training Student Loads - Sets forth the authorized FY 1995 military training student loads. Title V: Military Personnel Policy - Subtitle A: Officer Personnel Policy - Authorizes the Secretary of the military department concerned to approve officers serving on certain successive selection boards. (Sec. 503) Provides that when the Senate has confirmed some officers on a promotion list but not others: (1) the confirmed appointments may be made; and (2) the Secretary may make appropriate adjustments in the date of rank and effective date of pay for those appointments confirmed later. Revises provisions relating to the enlistment of certain limited duty Navy and Marine Corps officers and to the retention of such officers who are within two years of qualification for retirement pay. Makes permanent (currently terminates as of the end of FY 1995) the authority for the temporary promotion of certain Navy lieutenants. Subtitle B: Reserve Component Matters - Revises the composition of the Reserve Forces Policy Board. (Sec. 512) Provides certain additional and expanded reserve personnel call-up authority for the Secretary and the Secretary of Transportation when the Coast Guard is not under the jurisdiction of the Navy. (Sec. 514) Limits the duration of force reduction transition period annual payments to between one and five years as specified by the Secretary concerned (currently, five years). Subtitle C: Other Matters - Repeals a provision of the National Defense Authorization Act for Fiscal Year 1993 requiring a specified reduction, by the end of FY 1996, in the number of U.S. military personnel assigned to permanent duty outside the United States. Title VI: Compensation and Other Personnel Benefits - Subtitle A: Pay and Allowances - Waives any FY 1995 military pay increase tied to increases in the General Schedule of Compensation for Government employees. Increases by 1.6 percent, effective on January 1, 1995, the rates of basic pay, basic allowance for subsistence, and basic allowance for quarters for members of the armed forces. (Sec. 602) Revises the calculation of retired pay of commissioned officers who did not serve satisfactorily in the grade held at retirement. (Sec. 603) Extends specified expiring authorities for certain special pay and bonus programs within the regular and reserve armed forces. Subtitle B: Retired Pay and Survivor Benefits - Removes the 60-day limit on the amount of unused accrued military leave that may be paid to survivors of military personnel killed while on active duty or dying after retirement from military service. (Sec. 612) Provides disability coverage for certain officer candidates who are granted excess leave. (Sec. 613) Requires forfeiture of any military annuity or retired pay in the case of former or current military personnel convicted of espionage. (Sec. 614) Provides for the crediting of certain reserve service in the computation of retired pay of former military personnel. Title VII: Health Care Provisions - Subtitle A: Health Care Management - Amends the Social Security Act to allow the Secretary and the Coast Guard to receive from the Secretary of Health and Human Services information from the Medicare and Medicaid coverage data bank concerning responsibility for the payment of health care items and services furnished to beneficiaries of military personnel. (Sec. 702) Authorizes the Secretary to reimburse military health personnel for any professional license required for performing duty at a civilian health care facility as part of a resources exchange program. Subtitle B: Personnel Matters - Increases from $6,000 to $15,000 the incentive special pay for certain registered nurse anesthetists. Extends through FY 1998 the authority for certain nurse bonuses. Reduces from five to three the maximum years for a military member to be maintained on the temporary disability retired list. Subtitle C: Other Matters - Allows a person placed in the home of a member or former member of the armed forces for adoption to be considered a dependent for purposes of eligibility for certain health benefits. (Sec. 722) Repeals a Federal provision prohibiting DOD funds from being used to perform abortions unless the life of the mother is in danger. (Sec. 723) Authorizes medical and dental care for abused dependents of military personnel who are discharged from service. Title VIII: Department of Defense Organization and Management - Subtitle A: Department of Defense - Revises provisions concerning the order of succession in the military departments. (Sec. 802) Directs the Secretary of Defense (currently, the Secretary of the Army) to prepare mileage tables used for transportation allowance purposes. (Sec. 803) Amends the National Defense Authorization Act for Fiscal Year 1993 to: (1) extend through FY 1996 the authority of the Secretary to commemorate World War II; and (2) make permanent the authority for DOD to share equitably the costs of claims under international armaments programs. (Sec. 805) Redesignates the: (1) Deputy Under Secretary of Defense for Acquisition and Technology as the Principal Deputy Under Secretary of Defense for Acquisition and Technology; and (2) Deputy Under Secretary of Defense for Policy as the Principal Deputy Under Secretary of Defense for Policy. (Sec. 807) Repeals the requirement that the DOD Comptroller be the Chief Financial Officer of DOD. Redesignates the Comptroller as the Under Secretary of Defense (Comptroller). Subtitle B: Professional Military Education - Authorizes the Secretary to hire civilian faculty members for the Information Resources Management College of the National Defense University. Subtitle C: Education Matters - Makes general revisions to the Defense Department Overseas Teachers Pay and Personnel Practices Act. (Sec. 823) Authorizes the Secretary to provide for the elementary and secondary education of dependents of federally employed personnel and military personnel when the appropriate educational programs are not available through local education agencies in the United States. Subtitle D: Other Matters - Expands DOD authority to receive voluntary services. Repeals a Federal provision prohibiting the use of DOD appropriations to contract for firefighting or security guard functions at any military facility. (Sec. 833) Provides a two-year statute of limitations with respect to claims for unpaid minimum wages, overtime, or liquidated damages under the Fair Labor Standards Act of 1938. Title IX: General Provisions - Subtitle A: Financial Matters - Exempts routine administrative adjustments to Federal pay from certain employee due process requirements (such as 30 days' prior notification). (Sec. 902) Amends the Contract Disputes Act of 1978 to revise the method of the payment of interest on contractor claims. Subtitle B: Civilian Employee Pay Matters - Extends specified expiring authorities with respect to: (1) reduction in force notification requirements under the National Defense Authorization Act for Fiscal Year 1993; and (2) Federal employee provisions relating to separation pay, the restoration of certain accumulated leave, and the continuation of health benefits for DOD employees involuntarily separated due to a reduction in force. (Sec. 912) Provides travel, transportation, and relocation expenses for DOD employees who are separated from employment and selected for service with the Postal Service. (Sec. 913) Limits severance pay for certain civilian employees who move from an appropriated to a nonappropriated fund position. Subtitle C: Other Matters - Authorizes members and units of the National Guard to provide transportation and other support services to certain youth organizations, including the Boy and Girl Scouts, Boys and Girls Clubs, YMCA, and YWCA. (Sec. 922) Prohibits anyone from using the words "Defense Mapping Agency" or its initials, seal, or other imitation except with the written permission of the Secretary. Provides for enforcement. Prohibits claims or actions against the United States based upon the preparation or dissemination by such Agency of any navigational aid. (Sec. 924) Authorizes the Secretary of the Air Force to reimburse the Civil Air Patrol for the cost of maintaining a staff at its national headquarters. Provides for the employment of retired Air Force officers with the Patrol, with continuation of all retired pay benefits. (Sec. 925) Prohibits funds appropriated to DOD from being used for research involving humans as experimental subjects, unless conducted within regulations prescribed by the Secretary. (Sec. 926) Authorizes the Secretary to conduct military-to-military contacts and comparable activities designed to promote the democratic orientation of the defense establishments and military forces of other countries. (Sec. 927) Authorizes appropriations for FY 1995 for the purchase of sealift vessels for the Ready Reserve. Allows for the transfer of funds for such purposes. Title X: Matters Relating to Allies, Other Nations, and International Organizations - Authorizes the Secretary to acquire, from the United Nations or other such organizations of which the United States is a member, logistic support for forces deployed outside the United States. Authorizes the Secretary to enter into cross servicing agreements with such organizations for the provision of logistic support, supplies, and services. Includes such organizations within current methods of payment for acquisitions and transfers, as well as limitations on amounts that may be obligated or accrued by the United States for the acquisition of supplies. Title XI: Peacekeeping and Related Matters - Authorizes the President to provide appropriate assistance to international peacekeeping and peace enforcement activities, and to make contributions on behalf of the United States for operations conducted by the United Nations. Requires reimbursement. Establishes in the Treasury the Contributions for International Peacekeeping and Peace Enforcement Activities Fund for deposit of reimbursed amounts, as well as appropriated amounts. Provides an annual reporting requirement. Authorizes appropriations. Title XII: Counterproliferation - Amends the National Defense Authorization Act for Fiscal Year 1993 to: (1) extend through FY 1995 the authority of the Secretary to provide assistance to support international nonproliferation activities; (2) extend through FY 1995 required quarterly reports concerning such assistance; (3) replace the On-Site Inspection Agency with DOD with regard to activities in support of the U.N. Special Commission on Iraq; (4) include among such financially assisted activities the dismantlement and destruction of nuclear, biological, and chemical weapons, as well as their delivery systems and related technologies; and (5) repeal fiscal year and funding limitations with regard to such assistance. Amends the National Defense Authorization Act for Fiscal Year 1994 to: (1) repeal certain reporting requirements and funding limitations; and (2) extend permanently the authority for studies relating to U.S. counterproliferation policy. Authorizes FY 1995 appropriations for conducting counterproliferation activities. Title XIII: Acquisition Reform - Authorizes the Secretary to enter into transactions other than contracts and agreements to carry out basic, applied, and advanced research projects through the Advanced Research Projects Agency. Amends the National Defense Authorization Act for Fiscal Year 1994 to: (1) allow the Secretaries of the military departments (currently, only the Secretary of Defense) to maintain lists of plants equipped to manufacture arms or ammunition; (2) ensure the Government's rights in technical data when providing the services of government laboratories and equipment; and (3) allow the President to order through the Secretaries of the military departments (currently, only the Secretary of Defense) products or materials to be used for industrial mobilization purposes. Provides for the public sale of vessels stricken by the Secretary of the Navy from the Naval Vessel Registry due to being unfit for service. Allows such vessels to be transferred to a State or local government or other entity or used for experimental purposes.
Bill· HRH.R. 4302 (103rd)open
United States · United States Congress · 26 April 1994
TABLE OF CONTENTS: Title I: Army Title II: Navy Title III: Air Force Title IV: Defense Agencies Title V: North Atlantic Treaty Organization Infrastructure Title VI: Guard and Reserve Forces Facilities Title VII: Expiration and Extension of Authorizations Military Construction Authorization Act for Fiscal Year 1995 - Title I: Army - Authorizes the Secretary of the Army to acquire real property and carry out military construction projects in specified amounts at specified installations and locations. Authorizes the Secretary to construct or acquire family housing units, to carry out architectural planning and design activities, and to improve existing military family housing in specified amounts. Authorizes appropriations to the Army for fiscal years after 1994 for military construction, land acquisition, and military family housing functions of the Army. Limits the total cost of construction projects authorized by this title. Title II: Navy - Provides, with respect to the Navy, authorizations paralleling those provided for the Army under Title I. Title III: Air Force - Provides, with respect to the Air Force, authorizations paralleling those provided for the Army under Title I. Title IV: Defense Agencies - Authorizes the Secretary of Defense to acquire real property and carry out military construction projects in specified amounts at specified installations and locations. Authorizes the Secretary to construct or acquire family housing units and to improve existing military family housing in specified amounts. Authorizes the Secretary to carry out certain energy conservation projects. Authorizes appropriations to the Department of Defense (DOD) for fiscal years after 1994 for military construction, land acquisition, and military family housing functions of DOD. Limits the total cost of construction projects authorized by this title. Title V: North Atlantic Treaty Organization Infrastructure - Authorizes the Secretary of Defense to make contributions for the North Atlantic Treaty Organization (NATO) Infrastructure Program and authorizes appropriations for fiscal years after 1994 for such contributions. Title VI: Guard and Reserve Forces Facilities - Authorizes appropriations for fiscal years after 1994 for the Guard and Reserve forces for acquisition, architectural planning and design activities, and construction of facilities. Title VII: Expiration and Extension of Authorizations - Terminates all authorizations contained in titles I through VI of this Act on October 1, 1997, or the date of enactment of an Act authorizing funds for military construction for FY 1998, whichever is later. Extends certain FY 1991 and 1992 military construction projects.
Bill· HRH.R. 4297 (103rd)open
United States · United States Congress · 25 April 1994
Small Business Administration Amendments of 1994 - Title I: Amends the Small Business Act (the Act) to: (1) allow the Administrator of the Small Business Administration (SBA), under the microloan demonstration program, to make up to 100 percent deferred participation loans to ten small business intermediaries located in urban areas and ten intermediaries located in rural areas; (2) revise the authorized number of microloan programs for fiscal years after 1992; (3) increase from $1.5 to $5 million the annual microloan limits to a State; (4) increase from $1.25 to $1.75 million the total outstanding loan limit authorized for each intermediary; and (5) revise microloan repayment requirements. Title II: Revises provisions concerning the participatory amount of the SBA in small business loans provided on a deferred basis. Increases from $250,000 to $750,000 the authorized outstanding loan amounts for small businesses engaged in or adversely affected by international trade. Title III: Allows the SBA Administrator to inventory the productive facilities and capacities of business (currently, only small businesses) as part of a business loan process. Title IV: Establishes within the SBA an Office of Women's Business Ownership to administer the women's demonstration projects (projects providing financial assistance to businesses owned and controlled by women) created under the Act. Title V: Amends the Act and the Small Business Investment Act to provide that the authority of the SBA to make loans under such Acts shall remain available until expressly repealed. (Sec. 503) Removes a six-month limitation on the payment of transportation expenses of SBA employees in connection with any disaster loan assistance. (Sec. 505) Establishes in the Treasury one Loan Liquidation Fund, replacing various revolving funds, a disaster loan fund, and a business and investment loan fund under the Act. Provides for repayment of all such loans to the Fund. Requires a report from the SBA Administrator to specified congressional committees concerning Fund activities. (Sec. 507) Authorizes the SBA Administrator to specify detailed definitions or standards by which a business shall be recognized as a small business for purposes of the Act, with certain requirements such as an opportunity for public hearing. (Sec. 508) Empowers the SBA Administrator to impose reasonable fees in connection with assistance provided and information compiled and disseminated under the Act and the Small Business Investment Act. Title VI: Authorizes specified program funding levels for FY 1995 through 1997 for loans and other programs, as well as salaries and expenses, as provided or required under the Act and the Small Business Investment Act.
Law· HRH.R. 4278 (103rd)enacted
United States · United States Congress · 21 April 1994
Social Security Act Amendments of 1994 - Amends title II (Old Age, Survivors and Disability Insurance) of the Social Security Act (SSA) and the Internal Revenue Code (IRC) to raise from $50 to $1,250 the minimum amount of cash remuneration payable to a domestic employee in any year which is subject to social security employment taxes. Provides for annual adjustments of such threshold. Amends the IRC to: (1) provide for the coordination of the collection of domestic service employment taxes with the collection of income taxes; (2) subject domestic service employment taxes to estimated tax provisions; (3) exempt certain employers from the payment of such taxes; and (4) authorize the Secretary of the Treasury to enter into agreements to collect State unemployment taxes imposed on such remuneration. Directs the Secretary to prepare and make available to employers information on their tax obligations under Federal and State law with regard to domestic employees. Absolves employers from liability for certain underpaid taxes and associated penalty and interest payments owed before this Act becomes effective. Directs the Secretary of Health and Human Services to study and report to the Congress on the reasons for rising costs payable from such Fund. Amends SSA title II to: (1) increase the portion of wages and self-employment income subject to social security taxation that is allocated to the Federal Disability Insurance Trust Fund (Fund); and (2) modify restrictions on social security benefit payments to incarcerated felons, with changes converting such restrictions into an outright prohibition applicable to all individuals convicted of an offense punishable by imprisonment for more than one year (currently only convicted felons), regardless of the actual sentence imposed, as well as to individuals confined pursuant to a court order based on verdicts of insanity or similar mental disorders.
Law· HRH.R. 4277 (103rd)enacted
United States · United States Congress · 21 April 1994
TABLE OF CONTENTS: Title I: Establishment of the Social Security Administration as an Independent Agency Title II: Miscellaneous Improvements to the Old-Age Survivors, and Disability Insurance Program Social Security Administrative Reform Act of 1994 - Title I: Establishment of the Social Security Administration as an Independent Agency - Amends title VII (Administration) of the Social Security Act (SSA) to establish as an independent executive agency the Social Security Administration, governed by a Social Security Board, to administer the Old Age, Survivors and Disability Insurance (OASDI) program and the Supplemental Security Income (SSI) program under SSA titles II and XVI. (Sec. 102) Establishes in the Administration an Office of the Beneficiary Ombudsman. (Sec. 104) Transfers to the Board all functions carried out by the Secretary of Health and Human Services (HHS) pertaining to such programs. (Sec. 107) Requires the Board to report to the Congress within 120 days after the beginning of each regular session of its administration under SSA. Requires the Secretary to study and make recommendations on the most effective methods of providing economic security and on the administrative policy for SSA programs administered by the Secretary. Title II: Improvements (sic) to the Old Age, Survivors, and Disability Insurance Program - Amends SSA titles II and XVI with respect to the payment of disability benefits to substance abusers. (Sec. 202) Amends SSA titles II and related provisions of Federal law with respect to: (1) OASDI trust fund administration, including the creation of a Continuing Disability Review Account in the Federal Disability Insurance Trust Fund; (2) telephone access to local Social Security Administration offices; (3) OASDI coverage of State election personnel, police officers, and fire fighters; (4) use of social security numbers for jury selection and in administration of Federal workers' compensation laws; (5) totalization benefits, military reservists, and application of windfall elimination and Government pension offset provisions; (6) facility-of-payment provisions; (7) maximum family benefits in guarantee cases; (8) annual earnings filing; (9) disability insurance program demonstration project authority; (10) cross-matching of social security number information and employer ID number information maintained by the Department of Agriculture; (11) retirement eligibility for Federal employees transferred to International Organizations; (12) treatment of certain visas; and (13) rounding when calculating OASDI contribution and benefit base and earnings test exempt amounts. (Sec. 208) Provides a limited exemption from certain self-employment tax liability for individuals performing religious services in Canada. (Sec. 213) Amends SSA title XI with regard to: (1) disclosure of mortality information for research purposes; (2) misuse of HHS and Treasury symbols, emblems, or names in reference to social security programs and agencies, and associated penalties; and (3) penalties for unauthorized disclosure of social security information. (Sec. 219) Amends the Railroad Retirement Solvency Act of 1983 concerning certain transfers to the Railroad Retirement Account. (Sec. 223) Directs the Secretary to appoint a Commission on the Evaluation of Disability in Children to study and report to the Congress on SSI's definition of "disability" and how it applies with respect to children.
Bill· HRH.R. 4263 (103rd)open
United States · United States Congress · 20 April 1994
Small Business and Minority Small Business Procurement Opportunities Act of 1994 - Amends the Small Business Act (the Act) to direct the Administrator of the Small Business Administration (SBA) to: (1) develop plans to coordinate and promote the use of the Federal Acquisition Computer Network by small businesses that incorporate outreach efforts by various agencies and organizations; and (2) inform and provide consistent and comprehensive training on the Network for small businesses. Requires each Federal contract for the procurement of goods and services not in excess of $100,000 to be reserved exclusively for small businesses unless the contracting officer is unable to obtain competitive offers from two or more small businesses. Requires the contracting officer to provide for fast payment terms for such small businesses whenever possible. Directs the President to annually establish Government-wide goals for procurement contracts awarded to small businesses and small businesses owned and controlled by socially and economically disadvantaged individuals (small and minority businesses). Requires the goal for small businesses to be at least 20 percent of the total value of all prime contracts awarded in a fiscal year. Requires the goal for minority businesses to be at least five percent of the total value of such prime contract and subcontract awards for each fiscal year. Requires the head of each Federal agency to establish a specific goal within such five percent goal for awarding contracts and subcontracts to historically Black colleges and universities and other minority institutions (including Hispanic-serving institutions). Outlines administrative procedures with respect to the attainment of such goals, including the provision of appropriate technical and infrastructure assistance when necessary. Authorizes the use of advance payments and less than full and open competitive procedures when determined appropriate and in furtherance of the attainment of the contract goals. Requires appropriate regulations by the SBA. Provides civil and criminal penalties for the misrepresentation of a business as a minority business. Requires an agency head, upon request, to determine whether the use of small disadvantaged business set asides by a contracting activity of such agency has caused a particular industry category to bear a disproportionate share of the contracts awarded to attain the goal established for such contracting activity. Requires appropriate corrective action upon a positive finding. Requires the SBA to annually report to the Congress on the progress of each executive agency toward attaining the small and minority business contracting goals. Makes such contracting goal provisions applicable for FY 1994 through 2000. Allows certain procurement solicitation notice requirements of the Act to be waived by the Administrator of the Office of Federal Procurement Policy after consultation with the SBA Administrator in conducting innovative and alternative procurement test programs under the Federal Acquisition Improvement Act of 1994.
Bill· HRH.R. 4261 (103rd)referred
United States · United States Congress · 20 April 1994
Commission on International Coordination of Financial Regulation Act - Establishes the Commission on International Coordination of Financial Regulation to: (1) identify the various regulatory bodies and mechanisms pertaining to international capital markets, including those used by governments to manage international capital market instability; (2) appraise the adequacy of cooperation between such various regulators; (3) propose solutions for improving such cooperation; (4) identify the various methods used by countries to enforce capital market regulations and the adequacy of international cooperation; (5) propose solutions for improving global regulatory enforcement of the international financial system; (6) analyze the major clearing and settlement systems and their impact upon the stability of other payments and settlements systems; (7) propose solutions for improving coordination among major clearing and settlements systems; (8) identify and analyze the role of "off-shore tax havens" in the international capital markets; and (9) propose solutions for minimizing any adverse effect that tax havens may have on the international financial system. Directs the Commission to report to the Congress and the President on its findings and recommendations. Authorizes appropriations.
Bill· HRH.R. 4260 (103rd)referred
United States · United States Congress · 20 April 1994
Health Research Act of 1994 - Establishes in the Treasury the National Fund for Health Research. Requires regional and corporate health alliances formed under a comprehensive health care reform program to set aside and transfer specified amounts each calendar year into the Fund. Amends the Internal Revenue Code to authorize individuals (other than nonresident aliens) to designate for payment into the Fund at least $1 of a cash contribution or of any tax overpayment made. Requires the Secretary of Health and Human Services to distribute specified amounts from the Fund for various health research activities of the National Institutes of Health and the National Center for Research Resources. Excludes Fund amounts from any budget enforcement procedures under the Congressional Budget Act of 1974 or the Balanced Budget Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act).
Bill· HRH.R. 4259 (103rd)referred
United States · United States Congress · 20 April 1994
National Security Budgeting and Deficit Control Act of 1994 - Amends the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings) to extend the caps on defense and nondefense discretionary spending through FY 1998. Requires the special budget authority adjustment required in the final sequestration report for FY 1995 under such Act to be equally divided between the defense and nondefense categories for each applicable fiscal year.
Bill· HRH.R. 4269 (103rd)referred
United States · United States Congress · 20 April 1994
Economic Investment and Savings Incentive Act - Amends the Internal Revenue Code to allow a capital gains deduction for noncorporate taxpayers of 60 percent of a three-year capital gain, 40 percent of a two-year capital gain, and 20 percent of a one-year capital gain. Requires indexing, based on the consumer price index, 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 disposition, solely for the purpose of determining gain or loss. Allows an individual an exclusion from gross income for qualified investment income. Limits such exclusion to individuals whose modified adjusted income does not exceed $50,000 ($25,000 in the case of separate return by a married individual) and at least 50 percent of such income is attributable to earned income. Allows such exclusion in computing alternative minimum tax.
Bill· SS. 2030 (103rd)referred
United States · United States Congress · 19 April 1994
Small Business Investment and Growth Act - Amends the Internal Revenue Code to establish a maximum small business tax rate on taxable small business income for individuals, partnerships, or certain S corporations. Describes such income as the least of: (1) income from the active conduct of a trade or business in which the taxpayer is a material participant; (2) net earnings from self-employment; or (3) the taxpayer's share of additions to a qualified retained earnings account of such trade or business. Allows distributions from such account to pay ordinary and necessary business expenses or to pay the tax imposed by this Act. Excludes from employment taxes the portion of taxable small business income in excess of $135,000.
Bill· SS. 2029 (103rd)referred
United States · United States Congress · 19 April 1994
Amends the Internal Revenue Code to allow the penalty-free taxable sale or use of dyed diesel fuel by recreational boaters.
Law· SS. 2024 (103rd)enacted
United States · United States Congress · 19 April 1994
TABLE OF CONTENTS: Title I: Airport Improvement Program Title II: Airport-Air Carrier Disputes Regarding Airport Fees Airport Improvement Program Temporary Extension Act of 1994 - Title I: Airport Improvement Program - Amends the Airport and Airway Improvement Act of 1982 to authorize appropriations for FY 1994 for airport development and planning projects. Sets forth a formula for the reduction of funds not apportioned in any fiscal year for primary airports, cargo service airports, and Alaskan airports. Requires such reduced amounts to be credited to a discretionary fund. Extends the obligational authority of the Secretary of Transportation (Secretary) to make grants for airport development and planning projects through June 30, 1994. Prohibits the Secretary from incurring obligations in excess of $800 million for such grants. (Sec. 102) Limits to a specified percentage the apportionment for primary and cargo service airports if the Congress enacts a law limiting the apportionment for airport development and planning to less than $1.9 billion for any fiscal year. (Sec. 103) Sets forth mandates that not less than: (1) five percent (currently, ten percent) of the funds for airport development and planning be distributed for reliever airports; nor (2) 15 percent (currently, 2.5 percent) of such funds be distributed for nonprimary commercial service airports and certain noncommercial service public airports. Title II: Airport-Air Carrier Disputes Regarding Airport Fees - Authorizes air carriers to file with the Secretary complaints alleging the unreasonableness of increased fees imposed upon them by airport operators. Permits airport operators and affected air carriers to submit comments and any related materials to the Secretary with respect to such complaints.
Bill· SS. 2028 (103rd)referred
United States · United States Congress · 19 April 1994
Amends the Internal Revenue Code to establish the United States Peace Tax Fund to receive payments designated on the tax returns of qualified individuals to be used for nonmilitary purposes. Directs the Secretary of the Treasury to report annually to the Congress on amounts transferred into the Fund. Requires the information to be printed in the Congressional Record. Permits conscientious objectors to designate on their income tax returns that any tax liability be paid into the Fund. Makes this designation procedure available to any individual who has demonstrated himself or herself, by reason of religious training and belief, to be opposed to participation in war in any form. Requires every taxpayer who makes such a designation for any taxable year to file a questionnaire return for the purpose of determining whether the taxpayer is an eligible individual. Permits the setting aside of criminal or civil penalties imposed upon a taxpayer for nonpayment of tax prior to 1994 if the taxpayer pays the tax due (with interest) and establishes to the satisfaction of the Secretary of the Treasury that the nonpayment was due to religious beliefs. Authorizes corresponding procedures in connection with estate and gift tax payments, under conditions prescribed by the Secretary. Directs the Comptroller General to determine the percentage of actual appropriations made by the United States from the Federal budget during the preceding year for military purposes. Requires publication of this information in the Congressional Record. Authorizes appropriations.
Bill· HRH.R. 4245 (103rd)open
United States · United States Congress · 19 April 1994
TABLE OF CONTENTS: Title I: Provisions Relating to Future Entitlements Title II: Provisions Relating to Current and Future Entitlements Title III: Coverage of Newly Hired State and Local Employees Title IV: Social Security Payroll Tax Social Security Long-Range Solvency Act of 1994 - Title I: Provisions Relating to Future Entitlements - Amends title II (Old-Age, Survivors and Disability Insurance) of the Social Security Act with respect to persons who initially become eligible for benefits between the years 2001 through 2051 to adjust the earnings bracket and bend point formula used to determine the primary insurance amount for individuals. Provides for a graduated increase in the "normal" statutory retirement age from age 65 to 67 by the year 2011. Title II: Provisions Relating to Current and Future Entitlements - Reduces the 1995 cost-of-living adjustment. Amends the Internal Revenue Code relating to social security and tier 1 railroad retirement benefits to lower the income thresholds at which 85 percent of social security benefits are subject to income taxation. Title III: Coverage of Newly Hired State and Local Employees - Amends the Social Security Act and the Internal Revenue Code to mandate social security coverage of all State and local government employees hired after January 1, 1995. Title IV: Social Security Payroll Tax - Increases the social security payroll tax over a five-year phase-in period beginning in the year 2020.
Bill· HRH.R. 4246 (103rd)referred
United States · United States Congress · 19 April 1994
Panama Canal Commission Authorization Act, Fiscal Year 1995 - Authorizes the Panama Canal Commission (the Commission), to make expenditures, contracts, and commitments for the operation, maintenance, and improvement of the Panama Canal for FY 1995 from the Panama Canal Revolving Fund. Amends the Panama Canal Act of 1979 to permit the use of Commission funds to defray the cost of education services provided by schools in the United States to: (1) Commission employees who are U.S. citizens; and (2) persons who were receiving such services at the expense of the Canal Zone Government.
Bill· HRH.R. 4250 (103rd)open
United States · United States Congress · 19 April 1994
TABLE OF CONTENTS: Title I: Head Start Programs Title II: Community Services Block Grant Amendments Title III: Low-Income Home Energy and Assistance Amendments Title IV: Community-Based Family Resource Programs Title I: Head Start Programs - Head Start Act Amendments of 1994 - Amends the Head Start Act to reauthorize and revise its provisions. (Sec. 103) Includes parental involvement among Head Start program services. (Sec. 104) Extends the authorization of appropriations to carry out such Act and its Head Start program. Reserves specified amounts for a longitudinal study of Head Start participants, the Head Start Transition Project Act, and transition coordination with schools and parent involvement activities. (Sec. 105) Allocates at least 25 percent of certain excess funds to specified quality improvement activities. Includes, under discretionary payments, payments for the costs of reviewing Head Start agencies and programs and of developing and implementing quality improvement plans. Authorizes the Secretary of Health and Human Services (HHS) (the Secretary) to make collaboration grants, from certain reserved funds, to States to facilitate collaboration between Head Start activities and other activities targeted to low-income children and families. Directs the Secretary to take certain factors into consideration in allocating funds for program expansion. Provides for flexibility in satisfying the requirement that a certain number of hours be provided to children in Head Start programs. Requires migrant Head Start programs to give priority to eligible children of migrant families whose work requires them to relocate most frequently. (Sec. 106) Repeals outdated provisions for a comprehensive report to the Congress. (Sec. 107) Revises provisions for designation of Head Start agencies to provide that those on Indian reservations include members of Indian tribes living near the reservation. Revises conditions for giving priority in designations. Revises parental involvement considerations with respect to designation of new Head Start agencies. Requires agencies to offer family literacy services and parenting skills training to parents of participating children. Allows agencies also to opt to offer such parents social self-sufficiency training, substance abuse counseling, or other partnership in education activities. Requires a family needs assessment, including consultation with the parents, for each participating family. (Sec. 108) Requires the Secretary to establish quality standards for Head Start agencies and programs, including standards for performance in providing required health, education, parental involvement, nutritional, social, and other services, for administrative and financial management, and for facilities' condition and location. Provides for monitoring and for corrective actions or terminations if minimum standards are not met. (Sec. 109) Requires each Head Start agency to coordinate with schools and promote parental involvement to facilitate children's transition from program to school. Directs the Secretaries of HHS and of Education to assess results of demonstration projects under the Head Start Transition Project Act and provide technical assistance to communities to implement promising practices from those demonstrations. (Sec. 110) Authorizes the Secretary to use certain reserved funds to purchase facilties owned by Indian tribes and make necessary capital expenditure to provide suitable Head Start facilities for such tribes. Provides for personnel preferences for and recruitment of Indian tribe members for the American Indian Programs Branch of the Head Start Bureau of the Administration for Children and Families. (Sec. 111) Revises participation provisions. Allows Indian tribes to enroll additional children who do not meet low-income criteria if the Head Start program predominantly serves children who do meet such criteria. (Sec. 112) Establishes programs for families with infants and toddlers. Directs the Secretary to make grants for: (1) programs providing family-centered services for low-income families with very young children, designed to promote child development, parental role fulfillment, and movement toward self-sufficiency; and (2) evaluation of, and training and technical assistance for, projects under the Comprehensive Child Development Act. Gives time-limited priority to certain entities, including Parent-Child Centers receiving assistance under the Head Start Act and programs receiving assistance under the Comprehensive Child Development Act, and provides for selection of other grant recipients. (Repeals the Comprehensive Child Development Centers Act of 1988 and the Comprehensive Child Development Act because their functions are being consolidated under the Head Start Act.) (Sec. 113) Provides for mediation of disputes with delegate agencies to avoid the need for administrative hearing. Eliminates a provision freezing regulations. Provides that terminations, reductions, or suspensions of financial assistance upheld in administrative hearings shall not be stayed pending any judicial appeal. (Sec. 114) Sets forth goals and priorities for training and technical assistance. (Sec. 115) Revises classroom teacher qualifications and waiver requirements. Directs the Secretary to: (1) provide technical assistance and training to enable Head Start agencies to establish positions for mentor teachers; and (2) review and revise standards for family service workers, and promote model curricula and credentials for such workers. Authorizes the Secretary to establish a program of Head Start Fellowships for staff in local Head Start programs and other individuals working in the field of child development and family services. Provides for placement in appropriate settings. Directs the Secretary to develop model staffing pattern plans to guide local Head Start agencies and programs. (Sec. 116) Directs the Secretary to carry out a continuing program of research, demonstrations, and evaluations of Head Start programs, including longitudinal studies, and to report on such activities. (Sec. 117) Repeals provisions for certain announcements, a longitudinal study, and poverty line criteria (a definition of which is added elsewhere). Revises provisions on reports, adding a study of availability and delivery of Head Start programs to Indian children living on or near reservations and children of migrant and seasonal farmworkers. (Sec. 120) Directs the Secretary to consult with the Chief Executive Officer of the Corporation for National and Community Service regarding the dissemination of information on the Corporation's programs to Head Start programs. (Sec. 121) Directs the Secretary to study, and report to the appropriate congressional committees on, benefits available to Head Start employees. (Sec. 122) Amends the State Dependent Care Development Grants Act to extend the authorization of appropriations. (Sec. 123) Amends the Child Development Associate Scholarship Assistance Act of 1985 to extend the authorization of appropriations. Title II: Community Services Block Grant Amendments - Community Services Block Grant Amendments of 1994 - Amends the Community Services Block Grant Act to extend the authorization of appropriations to carry out such Act and its community services block grant program. (Sec. 202) Reserves certain funds for training, technical assistance, planning, and evaluation. Revises provisions for applications and requirements, community action agency plans, public inspections of plans, audits, and evaluations involving waivers. (Sec. 203) Authorizes the Secretary of HHS to provide grants for a Community Initiatives Program for community and economic development of economically distressed areas and rural areas. (Sec. 204) Extends the authorization of appropriations for community food and nutrition programs. (Sec. 205) Authorizes the Secretary to make grants to service providers to administer national or regional programs to provide instructional activities for low-income youth. Authorizes appropriations. (Sec. 206) Amends the Stewart B. McKinney Homeless Assistance Act to extend the authorization of appropriations for the emergency community services homeless grant program. (Sec. 207) Amends the Human Services Reauthorization Act of 1986 to revise providions and extend the authorization of appropriations for demonstration partnership agreements addressing the needs of the poor. Authorizes the Secretary also to make competitive grants to community action agencies to demonstrate new approaches to dealing with the problems associated with urban gangs or similar antisocial activities of urban youth. Title III: Low-Income Home Energy and Assistance Amendments - Low-Income Home Energy Assistance Amendments of 1994 - Amends the Low-Income Home Energy Assistance Act of 1981 to extend the authorization of appropriations for: (1) such Act and its low-income home energy assistance program (LIHEAP); and (2) the incentive program for leveraging non-Federal resources. (Sec. 304) Authorizes appropriations for additional payments to meet the additional home energy assistance needs of one or more States arising from a natural disaster or other emergency. Designates such funds as emergency requirements, but makes them available only after submission of a formal budget request by the President. Set forth considerations for allotment of such emergency funds by the Secretary of HHS. (Sec. 305) Provides that LIHEAP funds may be used for: (1) outreach activities and assistance to low-income households in meeting their home energy costs, particularly if such costs are a high proportion of household income; (2) intervention in energy crisis situations; (3) low-cost residential weatherization and other cost-effective energy-related home repair; and (4) State program planning, development, and administration, including leveraging programs. Exempts from certain limitations on use of program funds services that encourage and enable households to reduce their home energy needs. (Sec. 306) Authorizes States to give priority to households with the highest home energy costs or needs in relation to household income. Requires State plans to describe additional steps to target assistance to households with high home energy burdens. (Sec. 307) Revises audit requirements and matters to be described in annual applications. Provides for use of Department of Energy weatherization rules to achieve program consistency. Requires reports on any amount of a State's allotment that will not be obligated for the fiscal year. Lowers the maximum amount that the Secretary may reserve for technical assistance and training. (Sec. 312) Expresses the sense of the Congress that LIHEAP maintenance should be a higher priority, all FY 1995 appropriations for LIHEAP should be expended, and LIHEAP expenditures for FY 1996 should ensure provision of services at or above the FY 1995 level. Title IV: Community-Based Family Resource Programs - Amends the Claude Pepper Young Americans Act of 1990 to change the Family Resource and Support Program to Community-Based Family Resource Programs. Directs the Commissioner on Children, Youth, and Families (in the Department of HHS) to make formula grants to States for: (1) statewide networks of community-based family resource programs; (2) promoting child abuse and neglect prevention activities; (3) promoting State trust funds or other mechanisms for integrating child and family services funding streams; (4) community-based collaboration to develop a continuum of preventive services for children and families; and (5) encouraging public and private partnerships in family resource programs. Revises provisions for grant eligibility, amounts, State applications, and local program requirements. Provides that a State which has an existing grant under the Family Resource and Support Program or the Temporary Child Care and Crisis Nurseries Program shall continue to receive such funds through the end of the grant cycle. Extends the authorization of appropriations for State coordination of services for children, youth, and families. (Does not extend such authorization of appropriations for the Administration on Children, Youth, and Families or for supportive services.) Authorizes appropriations for Community-Based Family Resource Programs. Repeals: (1) community-based child abuse and neglect prevention grants and emergency child abuse prevention services grants under the Child Abuse Prevention and Treatment act; and (2) the Temporary Child Care for Children with Disabilities and Crisis Nurseries Act of 1986. (Sec.402) Extends the authorization of appropriations and the termination date for the Federal Council on Children, Youth, and Families. Adds to Council duties. (Sec. 403) Extends the authorization of appropriations for the National Center on Family Resource and Support Programs and for evaluation of family resource and support programs.
Bill· HRH.R. 4248 (103rd)referred
United States · United States Congress · 19 April 1994
Library of Congress Book Protection Act of 1994 - Requires the Librarian of Congress to promulgate regulations to: (1) establish a schedule of late fines for any borrower who has a book on loan for more than 70 days; (2) assess a late fine on such borrower; (3) suspend his or her loan privileges and that of all borrowers on his or her office loan account if the borrower has not returned a book after such period; (4) reinstate the loan privileges of any borrower after the return of the book and the payment of all late fines; and (5) provide for waivers, at the discretion of the Librarian, with regard to all or any part of an assessed late fine and the suspension of all or any part of the borrower's loan privileges. Requires the Librarian to establish a Late Book Fine Fund to be available to the Librarian without fiscal year limitation for general operating expenses of the Library of Congress and the replacement of lost or stolen books. Prohibits Federal funds from being used to pay the assessed late fine. Imposes a fine for such violation. Requires the Librarian to include in the annual report submitted to the Congress: (1) the estimated number of books that are missing from the Library due to borrowers who have had loan privileges suspended; (2) the name of any office with an office loan account that includes any borrower who has had loan privileges suspended and has been assessed late fines that have not been paid for more than one month; (3) the total amount of such fines assessed to each named office; (4) all monies deposited in the Fund; and (5) the amounts and uses of expenditures from the Fund.
Bill· HRH.R. 4258 (103rd)referred
United States · United States Congress · 19 April 1994
Home Worker Tax Relief Act of 1994 - Amends the Internal Revenue Code to provide that a home office qualifies as a principal place of business for purposes of the deductibility of expenses if the office is the location where the taxpayer's essential administrative, management or telecommuting activities are conducted on a regular and systematic (and not incidental) basis. Allows individuals who work at home to deduct a proportionate amount of the equipment they use to telecommute.
Bill· HRH.R. 4240 (103rd)referred
United States · United States Congress · 18 April 1994
Directs the Secretary of Labor to: (1) determine annually the number of employment positions lost in each State since January 1, 1985, as a result of reductions in defense expenditures, the termination of defense contracts (including new weapon systems), or the closure or realignment of military installations; (2) rank each State based on the number of job losses due to such factors; (3) report annually to the Congress and the Secretary of Defense on such job loss determinations; and (4) target to States with the highest percentage of such total job losses any assistance available under defense conversion, reinvestment, and transition assistance programs for a fiscal year.
Bill· HRH.R. 4244 (103rd)referred
United States · United States Congress · 18 April 1994
Transportation Employee Equitable Treatment Act of 1994 - Amends Federal maritime law to prohibit an individual who is employed as a master, seaman, or pilot of a vessel in more than one State or local government jurisdiction from being liable for the payment of income taxes in a State or local government jurisdiction other than the one where he or she resides.
Resolution· HRESH.Res. 407 (103rd)open
United States · United States Congress · 18 April 1994
Sets forth the rule for the consideration of H.R. 3266 (providing for automatic downward adjustments in the discretionary spending limits for FY 1994 equal to specified rescissions).
Bill· SS. 2018 (103rd)referred
United States · United States Congress · 14 April 1994
Reauthorizes and revises specified Federal law relating to construction of school facilities in areas affected by Federal activities (school construction portion of impact aid program). Provides for financial assistance to federally impacted school districts urgently in need of: (1) school facilities in districts having substantial increases in school membership resulting from new or increased Federal activities and whose membership includes children in need of minimum school facilities; and (2) facility improvements or structural modifications to meet life safety codes, average daily attendance requirements, Federal laws or regulations, or curriculum improvements. Extends the authorization of appropriations. Divides equally between payments to school districts for militarily-connected children (or other children residing on or with a parent working on Federal property) and payments to districts for Indian children (or children with inadequate school facilities due to the revenue impact of Federal property) the remaining funds after the Secretary of Education has determined the portion of funds for temporary school facilities and for children whom local educational agencies (LEAs) are unable to provide education. Prohibits approval of applications for payments based upon increases in the number of students residing on, or residing with a parent employed on, property which is part of a low-rent housing project assisted under the United States Housing Act of 1937 until all other applications for payments relating to militarily connected children and Indian children have been approved for that fiscal year. Revises formulas used in determining: (1) the Federal share for any project; and (2) limitation on total payments to LEAs. Revises application provisions to require: (1) assurance of compliance with Davis-Bacon Act prevailing wage requirements, except for emergency relief impact aid; and (2) resubmission of applications after a three-year period. Provides that provisions for certain additional payments shall take effect only when funds are specifically appropriated for such purpose. Requires that, prior to transfer, facilities meet all State and Federal building health and safety requirements. Authorizes the Secretary, in carrying out school construction impact aid, to use and pay for the services and facilities of other Federal agencies and public or nonprofit agencies or institutions. Sets forth criteria for certain determinations.
Bill· HRH.R. 4225 (103rd)open
United States · United States Congress · 14 April 1994
Amends the Internal Revenue Code to require verification of taxpayer identification numbers for purposes of the earned income credit.
Bill· HRH.R. 4212 (103rd)open
United States · United States Congress · 14 April 1994
Biotechnology Stimulus Act of 1994 - Amends the Internal Revenue Code with regard to the biotechnology research credit to: (1) establish an alternative credit calculation based on aggregate research expenses; and (2) make the credit permanent. Establishes: (1) a biotechnology variable capital gains deduction; and (2) a capital gains exclusion for biotechnology startup business stock held for more than two years. Provides for the indexing of certain capital assets for purposes of gain or loss determinations. Expresses the sense of the Congress that accounting standards should not be changed to require that biotechnology businesses deduct the value of stock options from their profits.
Bill· HRH.R. 4223 (103rd)open
United States · United States Congress · 14 April 1994
Voter Turnout Enhancement Study Commission Act - Establishes the Voter Turnout Enhancement Study Commission to examine the possibility of changing the filing date of Federal income tax returns to the first Tuesday after the first Monday in November (election day). Terminates the Commission upon submission of a required report. Authorizes appropriations.
Bill· HRH.R. 4233 (103rd)referred
United States · United States Congress · 14 April 1994
Amends the Internal Revenue Code to allow an itemized deduction for either State and local income taxes or State and local general sales taxes.
Bill· HRH.R. 4215 (103rd)referred
United States · United States Congress · 14 April 1994
Amends the Internal Revenue Code to increase the retirement savings deduction and the maximum individual retirement account contribution from $2,000 to $2,500. Raises income phase-out limits. Allows such a deduction for nonemployed spouses. Provides an inflation adjustment for retirement savings deductions. Excludes from gross income qualified distributions from certain retirement plans for first-time homebuyers and higher education expenses of the taxpayer, spouse, or child. Requires the repayment of such amounts with interest.
Bill· HRH.R. 4202 (103rd)open
United States · United States Congress · 13 April 1994
TABLE OF CONTENTS: Title I: Insurance Reform Subtitle A: Insurance Provisions Subtitle B: Promoting Development of Voluntary Health Plan Purchasing Cooperatives Subtitle C: Federal Preemption Subtitle D: Rules of Construction Regarding Abortion Services; Inseverability Title II: Amendments of Internal Revenue Code of 1986 Subtitle A: Limitations on Employer Deduction for Health Care Coverage for Employees and on Employee Exclusion for Employer-Provided Health Care Coverage Subtitle B: Credits for Contributions to Medical Savings Accounts, for Purchase of High Deductible Umbrella Insurance, and for Routine Preventive Care Subtitle C: Repeal of Medical Expense Deduction Subtitle D: Veterans Medical Benefits and Services Unaffected Title III: Savings In Medicare and Medicaid Programs Subtitle A: Medicare Program Subtitle B: Medicaid Program Title IV: Containing Health Care Costs Subtitle A: Medical Malpractice Liability Reform Subtitle B: Treatment of Certain Activities Under the Antitrust Laws Title V: Special Assistance for Frontier, Rural, and Urban Underserved Areas Subtitle A: Frontier, Rural, and Urban Underserved Areas Subtitle B: Primary Care Provider Education Subtitle C: Programs Relating to Primary and Preventive Care Services Subtitle D: Limitation on Funding for Abortions Title VI: Administrative Cost Savings Subtitle A: Standardization of Claims Processing Subtitle B: Electronic Medical Data Standards Subtitle C: Development and Distribution of Comparative Value Information Subtitle D: Preemption of State Quill Pen Laws Title VII: Anti-Fraud and Anti-Rationing Subtitle A: Criminal Prosecution of Health Care Fraud Subtitle B: Coordination of Health Care Anti-Fraud and Abuse Activities Subtitle C: Protection Against Rationing of Treatment Health Savings and Security Act of 1994 - Title I: Insurance Reform - Subtitle A: Insurance Provisions - Part 1: Requirements for Tax-Favored Health Plans - Authorizes a State to establish or operate a managed health care plan. (Sec. 102) Requires such a plan to provide for all medically necessary acute medical care (including physician services; inpatient, outpatient, and emergency hospital services and appropriate alternatives to hospitalization; and inpatient and outpatient prescription drugs), to not exclude coverage for selected illnesses or selected treatments if consistent with medically accepted practices, and to meet applicable cost-sharing requirements of this Act. Requires that such plan, in the case of a high deductible umbrella insurance plan, provide a deductible amount for benefits provided in any plan year which is at least $1,500 (but not to exceed $3,000) for items and services furnished to a family (composed of one or more individuals) enrolled under the plan in a year. Specifies that a health insurance plan may not require the payment of any copayment or coinsurance for an item or service for which coverage is required after an individual or a family has incurred out-of-pocket expenses equal to a specified limit for a plan year. (Sec. 103) Requires that such a plan provide: (1) for a variation in premium rates only on the basis of age, sex, geography, and family enrollment, individual and group coverage, and in the case of group coverage, on the basis of the number of individuals covered within the group; (2) for a charge of the same premium rates to new applicants and existing policyholders with the same age, sex, geographic characteristics, and family enrollment; and (3) that the highest premium for the plan for a particular class of family enrollment and geographic characteristics may not exceed four times the lowest premium for such plan for the same enrollment and geographic characteristics. Permits incentive discounts of not more than ten percent for participating in an approved program to promote healthy behavior, prevent or delay the onset of illness, or provide for screening or early detection of illness. (Sec. 104) Requires that such plan: (1) provide guaranteed issue at standard rates to all applicants; and (2) not exclude from coverage, or limit coverage for, any preexisting condition, with exceptions. (Sec. 105) Requires that such plan provide the policyholder with a contractual right to renew the coverage which stipulates that the insurer cannot cancel or refuse to renew the coverage except for cases of nonpayment of premiums, or fraud or misrepresentation, by the policyholder. (Sec. 106) Sets forth restrictions on agent compensation and broker activities. Part 2: Certification of High Deductible Umbrella Insurance Plans and Managed Care Health Plans - Requires each State to submit to the Secretary of Health and Human Services a report on steps the State is taking to implement and enforce a regulatory program with respect to high deductible umbrella insurance plans and managed care health plans by a specified deadline. Directs the Secretary, upon determining that a State has failed to submit a report by the deadline or that the State has not implemented and provided adequate enforcement of the regulatory program, to give the State 60 days to submit such report or implement and enforce such program. Sets forth procedures for Federal enforcement if such failure has not been corrected. (Sec. 112) Directs the Secretary to develop State regulatory program standards, in the form of model Acts and model regulations, which include: (1) procedures for certifying that the requirements of part 1 of this subtitle have been met by a health insurance plan applying for certification as a high deductible umbrella insurance plan or a managed care health plan; (2) specified requirements regarding marketing practices and reinsurance or allocation of risk mechanisms with respect to such a plan; (3) requirements regarding solvency standards and guaranty funds for carriers of such plans; and (4) reporting requirements under which carriers report to the Internal Revenue Service regarding the acquisition and termination by individuals of coverage under such plans. Directs the Secretary to: (1) request the National Association of Insurance Commissioners to develop models for reinsurance or allocation of risk mechanisms for high deductible umbrella insurance plans and managed care health plans made available to individuals for whom an insurer is at risk of incurring high costs under the plan; and (2) review such models to determine if they provide for an effective reinsurance or allocation of risk mechanism. Requires each State to establish one or more reinsurance or allocation of risk mechanisms consistent with such a model. Permits a State to establish and maintain such a mechanism jointly with other States. Directs the Secretary to establish and maintain a reinsurance or allocation of risk mechanism if a State has failed to establish or maintain such a mechanism. Amends the Internal Revenue Code to impose a tax on the providing of any high deductible umbrella insurance plan or managed care health plan which covers any individual in a Federal reinsurance State. Directs that the tax imposed equal the applicable percentage of the amount received by the insurer for providing such plan in such Federal reinsurance State. Makes the insurer liable for payment of the tax. Subtitle B: Promoting Development of Voluntary Health Plan Purchasing Cooperatives - Directs the Secretary to establish standards relating to the establishment of health plan purchasing cooperatives (HPPCs), qualifications for qualified health carriers, and the roles of States under this subtitle. Sets forth provisions regarding deadlines, revision of standards, application of standards through States, the Federal role, and implementation of the standards. (Sec. 122) Requires each State to establish boundaries for HPPC areas in the State. (Sec. 123) Authorizes the establishment of one or more State-chartered, nonprofit private corporations to serve as an HPPC for each HPPC area for the benefit of small employers and eligible individuals in the area. Specifies that a carrier may not form, underwrite, or possess a majority vote of an HPPC, but may administer an HPPC. Sets forth provisions regarding: (1) the establishment by each HPPC of bylaws; (2) the election of members of its board of directors; (3) limitation of liability for good faith actions taken by any member of the board, its employees, or agent in the performance of duties of HPPCs; (4) appointment of officers and an executive director; (5) reporting, recordkeeping, and audit requirements; and (6) general authorities and limits on the authority of HPPCs. (Sec. 124) Requires each HPPC to: (1) enter into contracts and hold policies with qualified health carriers which elect to offer HPPC plans to members; (2) provide for the enrollment of eligible employees of small employers and eligible individuals in HPPC plans of qualified health carriers offered by the HPPC; (3) provide to its members and eligible employees of small employer members comparison sheets with clear standardized information on each qualified health carrier and each HPPC plan offered by a qualified health carrier; (4) establish requirements for participation of small employers and eligible individuals as HPPC members consistent with any standards established by the Secretary and to maintain eligibility records; and (5) establish dispute resolution procedures to resolve disputes between the HPPC and its members or qualified health carriers. Sets forth requirements concerning: (1) contracts with members; (2) contracts with plans; (3) overhead allowance; (4) uniform administrative and accounting procedures; and (5) contracts for administrative services. (Sec. 125) Requires each State to establish a process whereby a carrier that demonstrates to the satisfaction of the State insurance commissioner that it has the capability to fulfill specified requirements (with regard to licensure, administrative capacity, access, grievance procedures, utilization management procedures, quality, information, and data elements) is designated as a qualified health carrier. Sets forth the functions of qualified health carriers. Requires that coverage under an HPPC plan offered by a qualified health carrier be available to any member of the HPPC at the anniversary date of each member's coverage under an HPPC plan, with exceptions and subject to specified conditions. (Sec. 126) Requires each: (1) HPPC to use efficient and standardized means to notify small employers of the availability of plans through the HPPC and to notify the State insurance commissioner of any marketing practices or materials that it finds contrary to the fair marketing of qualified health carriers and HPPC plans; and (2) State insurance commissioner to monitor compliance with marketing requirements. (Sec. 127) Requires: (1) each HPPC to submit specified data to the State on a quarterly basis; and (2) the Secretary to establish uniform standards for data that an HPPC collects from qualified health carriers and providers and disseminates. (Sec. 128) Requires each State to: (1) assure compliance of HPPCs, small employers, and eligible employees and individuals with the requirements of this subtitle and to conduct reviews at least annually on the performance of each HPPC in assuring access to health coverage to small employers and eligible individuals in the HPPC area; (2) receive, review, and act on appeals of unresolved disputes between an HPPC and a member; (3) analyze information collected from qualified health carriers and other sources and report findings that assist consumers, HPPCs, qualified health carriers, or health care providers in improving the delivery or purchase of cost-effective health care; (4) prepare and make available to HPPCs and employers located in the State (and to eligible individuals upon request) information, in comparative form, concerning the HPPC plans in the State and HPPCs operating in the State; (5) report to the Secretary annually on the impact of the reform under this subtitle in expanding the availability and affordability of health coverage to eligible employees and individuals; and (6) supervise HPPCs to ensure that actions that affect market competition accomplish the objectives of this title, so as to provide State and Federal protection to HPPCs and HPPC boards of directors against Federal and State antitrust laws. Subtitle C: Federal Preemption - Bars applicability of any provision of State or local law that: (1) in the case of a group health plan, requires the coverage of one or more specific benefits, services, or categories of health care, or services of any class or type of provider of health care; and (2) prohibits two or more employers from obtaining coverage under an insured multiple employer health plan. (Sec. 143) Preempts and makes unenforceable specified State law restrictions with respect to reimbursement rates or selective contracting, differential financial incentives, and 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. (Sec. 144) Specifies that nothing in this subtitle shall be construed to invalidate any State law that has the effect of preventing the denial of lifesaving medical treatment pending transfer to another health care provider. Subtitle D: Rules of Construction Regarding Abortion Services; Inseverability - Specifies that: (1) nothing in this title or title II may be construed to require any health plan to include any abortion services or to condition tax deductibility on the inclusion of such services; and (2) if such provision is judicially determined to be invalid all the provisions of this title and title II shall be deemed to be invalid. Title II: Amendments of Internal Revenue Code of 1986 - Subtitle A: Limitations on Employer Deduction for Health Care Coverage for Employees and on Employee Exclusion for Employer-Provided Health Care Coverage - Amends the Internal Revenue Code to allow an employer a deduction: (1) for health care coverage for employees under a high deductible umbrella insurance plan or a managed health care plan; (2) for contribution to a medical savings account for an employee; or (3) for payment of permitted coverage. Prohibits such deduction from exceeding the health care tax benefit limitation imposed on individuals receiving coverage under a tax-qualified health care plan. (Sec. 202) Excludes from the gross income of an employee only coverage under a tax-qualified health care plan, contributions to a medical savings account, or permitted coverage payments. (Sec. 203) Prohibits the provision of health benefits under cafeteria plans. Subtitle B: Credits for Contributions to Medical Savings Accounts, for Purchase of High Deduction Umbrella Insurance, and for Routine Preventive Care - Allows individuals a tax credit (with limitation) for a percentage of contributions to a medical savings account. Makes such account tax-exempt and excludes other employer payments from the individual's tax base. (Sec. 212) Allows individuals a tax credit for a percentage of the amount paid for coverage under a tax-qualified health care plan. Requires the establishment of a program to provide health insurance certificates for low-income individuals eligible for such credit. (Sec. 213) Allows certain individuals a tax credit for a percentage of the amount paid for routine preventive care for the taxpayer, spouse, and dependents. Subtitle C: Repeal of Medical Expense Deduction - Repeals the deduction for medical, dental, etc., expenses. Subtitle D: Veterans Medical Benefits and Services Unaffected - Declares that nothing in this title affects veterans' medical benefits and services. Title III: Savings in Medicare and Medicaid Programs - Subtitle A: Medicare Program - Amends the Internal Revenue Code to impose an annual tax on the Medicare part B (Supplementary Medical Insurance) premiums of high-income and certain other individuals covered by such part. (Sec. 302) Amends title XVIII (Medicare) of the Social Security Act (SSA) to: (1) impose a co-payment for clinical diagnostic laboratory tests; (2) eliminate mandatory assignment for test payment and billing; and (3) provide for annual indexing of the part B deductible. Subtitle B: Medicaid Program - Amends SSA title XIX (Medicaid) to: (1) cap Federal payments for acute medical services; (2) discontinue reimbursement standards for inpatient hospital services; (3) provide for optional enrollment of low-income individuals under high deductible umbrella insurance plans and managed care plans (with reduced payment adjustments for States providing such enrollment); (4) allow States more flexibility in contracting for coordinated care services; and (5) prohibit Medicaid funding of abortions not necessary to prevent the death of the mother. Title IV: Containing Health Care Costs - Subtitle A: Medical Malpractice Liablity Reform - Part 1: General Provisions - Makes this subtitle applicable with respect to any medical malpractice liability claim and action brought in any State or Federal court, with exceptions (such as a claim or action for damages arising from a vaccine-related injury or death). Sets forth provisions regarding preemption, effect on sovereign immunity and choice of law or venue, and Federal court jurisdiction. Part 2: Medical Malpractice and Product Liability Reform - Prohibits a medical malpractice liability action from being brought in any: (1) State court during a calendar year unless the medical malpractice liability claim that is the subject of the action has been initially resolved under a State's alternative dispute resolution (ADR) system certified for the year by the Secretary or under the alternative Federal system established by this Act; and (2) Federal court during a calendar year unless such claim that is the subject of the action has been initially resolved under such ADR system in the State whose law applies. Directs the Attorney General to establish an ADR process for the resolution of medical malpractice liability claims brought against the United States, which shall occur after the completion of the administrative claim process. 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 the ADR process established by the Attorney General. Sets forth provisions regarding: (1) procedures for filing actions; and (2) the legal effect of uncontested ADR decisions. (Sec. 412) Sets a $250,000 limit on noneconomic damages that may be awarded to a claimant and the members of the claimant's family for losses resulting from the injury which is the subject of a medical malpractice liability action. Prohibits the award of punitive or exemplary damages in such an action: (1) unless the claimant establishes by clear and convincing evidence that the injury suffered was the direct result of conduct manifesting a malicious, wanton, willful, or excessively reckless disregard of the safety of others; and (2) against the manufacturer of a medical product. Requires that: (1) any punitive or exemplary damages awarded in a medical malpractice liability action be paid to the State in which the action is brought or, in a case brought in Federal court, in the State in which the health care services that caused the injury that is the subject of the action were provided; and (2) such State use such amounts to carry out activities to assure the safety and quality of health care services provided in the State. Prohibits a defendant, in any medical malpractice liability action in which the damages awarded for future economic loss exceed $100,000, from being required to pay such damages in a single, lump-sum payment, but permits periodic payments based on when the damages are found likely to occur, as determined by the court. Authorizes a court to waive the application of such provision if it is not in the best interests of the plaintiff to receive periodic payments. (Sec. 413) Directs the court in a medical malpractice liability action to require the party that contested an ADR ruling with respect to the medical malpractice liability claim that is the subject of the action to: (1) pay attorney fees and other costs, with exceptions; and (2) post a performance bond, subject to waiver by the court upon determining that the posting of such a bond is not necessary to ensure that the party pay the costs incurred by the opposing party under the action. Sets forth provisions regarding: (1) limits on attorney's fees paid; and (2) recordkeeping requirements. (Sec. 414) Allows a defendant to be held severally but not jointly liable in a medical malpractice action for noneconomic damages, and only for those damages directly attributable to the person's proportionate share of fault or responsibility for the injury. (Sec. 415) Establishes a seven-year statute of limitations for medical malpractice liability claims beginning on the date the alleged injury occurred. (Sec. 416) Prohibits a defendant in a medical malpractice liability action from being found to have acted negligently unless the defendant's conduct at the time of providing the health care services was not reasonable. (Sec. 417) Prohibits the trier of fact, in the case of a medical malpractice liability claim relating to services provided during labor or the delivery of a baby where the health care professional against whom the claim is brought did not previously treat the individual alleged to have been injured for the pregnancy, from finding that the defendant committed malpractice and assessing damages unless the malpractice is proven by clear and convincing evidence. Specifies that a health care professional shall be considered to have previously treated an individual for a pregnancy if the professional is a member of a group practice whose members previously treated the individual for the pregnancy or is providing services to the individual during labor or the delivery pursuant to an agreement with another health care professional. Part 3: Requirements for State Alternative Dispute Resolution Systems - Sets requirements for a State's ADR system, including that the system: (1) apply to all medical malpractice liability claims under the jurisdiction of the courts of that State; (2) require that a written opinion resolving the dispute be issued within six months of receipt of notice of the claim by each party against whom the claim is filed; (3) require that individuals who hear and resolve claims under the system meet specified qualifications; (4) be approved by the State or local governments; (5) with respect to a State system consisting of multiple dispute resolution procedures, permit the parties to a dispute to select the procedure to be used (and, if they do not agree, assign a particular procedure); (6) transmit to the State agency responsible for monitoring or disciplining health care professionals and providers any findings that such professional or provider committed malpractice, with exceptions; and (7) transmit to the Administrator for Health Care Policy and Research information on disputes resolved in a manner that assures that the identity of the parties to a dispute shall not be revealed. Makes the provisions of part 2 (malpractice liability standards) applicable with respect to claims brought under a State or alternative Federal ADR system in the same manner as such provisions apply to medical malpractice liability actions brought in the State. (Sec. 422) Directs the Secretary to: (1) determine, by October 1 of each year (beginning with 1995), whether a State's ADR system meets the requirements of this part for the following calendar year, and certify such system if it does; and (2) establish an alternative Federal ADR system for the resolution of medical malpractice liability claims during a calendar year in States that do not have in effect an alternative ADR system certified for the year. Sets forth provisions regarding: (1) requirements for the alternative Federal ADR system; and (2) the treatment of States with the alternative system in effect. (Sec. 423) Directs the Secretary to submit to the Congress a report describing and evaluating State ADR systems operated pursuant to this part and the alternative Federal system. Part 4: Other Provisions Relating to Medical Malpractice Liability - Permits a State agency responsible for the conduct of disciplinary actions for a type of health care practitioner to enter into agreements to permit State or county professional societies to participate in the licensing of such practitioner and to review any health care malpractice action, claim, allegation, or other information concerning the practice patterns of any such practitioner. (Sec. 432) Requires the Secretary to conduct a study analyzing the existence and effectiveness of incentives adopted by State and local governments, insurers, medical societies, and other entities to encourage physicians (whether practicing or retired) to volunteer to provide health care services in medically underserved areas. (Sec. 433) Directs each State to require each: (1) health care professional and provider in the State to participate in a risk management program to prevent, and provide early warning of, practices which may injure or otherwise endanger a patient; and (2) entity which provides health care professional or provider liability insurance in the State to establish risk management programs based on available data or sanction such programs provided by other entities and to require each such professional or provider, as a condition of maintaining insurance, to participate in at least one such program every three years. (Sec. 434) Requires 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 assist States 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 public about the appropriate use of health care and realistic expectations of medical intervention and about the resources and role of health care professional licensing and disciplinary boards in investigating claims of incompetence or malpractice, and for developing programs of faculty training and curricula for educating health are professionals in quality assurance, risk management, and medical injury prevention. Authorizes appropriations. Subtitle B: Treatment of Certain Activities Under the Antitrust Laws - Exempts from the antitrust laws specified "safe harbor" activities listed in, or designated by the Attorney General pursuant to, this subtitle. Sets forth provisions regarding the award of attorney's fees and costs of suit to the prevailing party in an action based on a claim involving activity found to be exempt. (Sec. 452) Lists as safe harbors specified: (1) activities relating to health care services of combinations of health care providers with market share below a specified threshold; (2) activities of medical self-regulatory entities relating to standard setting or enforcement activities not conducted for purposes of financial gain; (3) participation of a health care provider in a written survey of the prices of services, reimbursement levels, or the compensation and benefits of employees and personnel; (4) activities relating to health care joint ventures for high technology and costly equipment and services; (5) activities relating to hospital mergers; (6) joint purchasing arrangements; and (7) negotiations. (Sec. 453) Directs the Attorney General to publish a notice in the Federal Register soliciting proposals for additional safe harbors and to review and report on proposed safe harbors. Sets forth criteria in establishing safe harbors, including: (1) the extent to which a competitive or collaborative activity will accomplish an increase in health care access and quality, the establishment of cost efficiencies, and increased ability of health care facilities to provide services in medically underserved areas or to underserved populations; and (2) whether designation as a safe harbor will result in specified desirable outcomes. (Sec. 454) Directs the Attorney General to issue certificates of review for providers of health care services and to assist persons in applying for such certificates. Sets forth procedures regarding applications for, revocation of, and review of determinations regarding, such certificates. Limits the disclosure of information. (Sec. 455) Sets forth provisions regarding notifications providing for a reduction in certain penalties under the antitrust laws for health care cooperative ventures. (Sec. 456) Directs the Attorney General to periodically review the safe harbors and certificates of review. (Sec. 458) Establishes within the Department of Health and Human Services an Office of Health Care Competition Policy. Title V: Special Assistance for Frontier, Rural, and Urban Underserved Areas - Subtitle A: Frontier, Rural, and Urban Underserved Areas - Amends the Public Health Service Act to direct the Secretary to establish and administer a program to provide allotments to enable States to provide grants for the creation or enhancement of community-based primary health care entities that provide services to low-income or medically underserved populations. Directs the Secretary to award grants to Federally Qualified Health Centers (FQHCs) and other entities and organizations for the purpose of providing access to services for medically underserved populations or in high impact areas not currently being served by an FQHC. Authorizes appropriations. Directs the Secretary to provide for a study to examine the relationship and interaction between community health centers and hospitals in providing services to individuals residing in medically underserved areas, ensuring that the National Rural Research Centers participate in such study. (Sec. 502) Amends the Internal Revenue Code to allow a qualified primary health services provider (physician, physician assistant, or nurse practitioner who provides full time primary health services in a health professional shortage area, subject to specified requirements) a credit against tax for a period of 60 consecutive calendar months from the time the taxpayer becomes a qualified provider. Sets forth rules regarding the recapture of credit and the expensing of medical equipment. Excludes National Health Service Corps loan repayments from gross income. Provides a deduction for student loan payments by medical professionals practicing in rural areas. (Sec. 503) Amends the SSA to include rural emergency access care hospital services among the benefits provided under the Supplementary Medical Insurance Program for the Aged and Disabled. (Sec. 504) Amends the Public Health Service Act to direct the Secretary to make grants to assist States in the creation or enhancement of air medical transport systems that provide victims of medical emergencies in rural areas with access to treatments. (Sec. 505) Authorizes the Secretary to: (1) conduct a demonstration project under which public and private entities may apply for waivers of provisions of the SSA in order to operate rural health networks which improve the access of Medicare and Medicaid beneficiaries to, and the quality and outcomes of, health care services; and (2) grant waivers to operate rural health networks under the demonstration project to a number of public and private entities. Directs the Secretary to award grants to public and private entities which have received a waiver for planning, developing, and operation of rural health networks. Authorizes appropriations. Subtitle B: Primary Care Provider Education - Amends the Public Health Service Act to direct the Secretary to provide for the establishment of demonstration projects: (1) in up to seven States for the purpose of testing and evaluating mechanisms to increase the number and percentage of medical students entering primary care practice through the use of funds otherwise available for direct graduate medical education costs under the SSA; and (2) for up to seven health care training consortia for such purpose. Directs the Secretary to award grants to such consortia for developing and evaluating such projects. Authorizes appropriations. (Sec. 512) Amends the SSA to count residency training time in nonhospital-owned facilities in determining full-time equivalent residents for direct graduate medical education payments, and for certain indirect medical education payments, under Medicare. (Sec. 513) Amends the Public Health Service Act to increase: (1) National Health Service Corps funding; and (2) health professions funding for primary care physicians, nurse practitioners, and physician assistants. Authorizes the Secretary to award grants to enable public and nonprofit private entities to meet the cost of providing traineeships for individuals in baccalaureate and advanced-degree programs to educate such individuals to serve in and prepare for practice as physician assistants. Authorizes appropriations. (Sec. 516) Directs the Secretary to award grants to States or nonprofit entities to fund not less than ten demonstration projects to enable such States or entities to evaluate: (1) State mechanisms, including changes in the scope of practice laws, to enhance the delivery of primary care by nurse practitioners or physician assistants; (2) the feasibility of and most effective means of training subspecialists to deliver primary care as primary care providers; and (3) State mechanisms to increase the supply or improve the distribution of primary care providers. Authorizes appropriations. Subtitle C: Programs Relating to Primary and Preventive Care Services - Authorizes the Secretary to award grants to enable States to plan and implement coordinated, multidisciplinary, and comprehensive primary health care and social service programs targeted to pregnant women and infants. Authorizes appropriations. (Sec. 522) Authorizes frontier States (including Alaska, Wyoming, and Montana) to: (1) implement proposals to offer preventive services, including mobile preventive health centers, which may be located on aircraft, watercraft, or other forms of transportation; and (2) participate in demonstration projects to improve recruitment, retention, and training of rural providers, including nurse partitioners and physician assistants. Subtitle D: Limitation on Funding for Abortions - Specifies that: (1) nothing in this title shall be construed to authorize funding for any abortion, except to prevent the death of the mother; and (2) the provision of abortion services by a State or other entity shall not be regarded as a condition for participation in any grant or benefit authorized in this title. Title VI: Administrative Cost Savings - Subtitle A: 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 insurance plans, as well as for use in utilization review and management of care; (2) uniform claims forms; and (3) uniform electronic transmission of the data elements. Directs the Secretary, in adopting such standards, to take into account the recommendations of current task forces, consult with the National Association of Insurance Commissioners, and seek to make the standards consistent with any uniform clinical data sets which have been adopted and are widely recognized. Sets forth provisions regarding: (1) deadlines for promulgation; and (2) application of the standards. (Sec. 603) Directs the Secretary to provide for the periodic review and revision of such standards. Subtitle B: Electronic Medical Data Standards - Directs the Secretary to promulgate standards for hospitals concerning electronic medical data, including confidentiality standards. Authorizes the Secretary to periodically revise the standards and to promulgate (and periodically revise) standards for providers that are not hospitals. (Sec. 612) Requires each hospital, as of January 1, 1996 to: (1) maintain clinical data included in the set of comprehensive data elements in electronic form on all inpatients; (2) upon request of the Secretary or a utilization and quality control peer review organization, transmit electronically the data set; and (3) upon request of the Secretary or a fiscal intermediary or carrier, transmit electronically any data with respect to a claim from such data set in accordance with specified standards. Grants the Secretary waiver authority under specified circumstances. Directs the Secretary of Veterans Affairs to provide that each hospital of the Department of Veterans Affairs shall comply with requirements of this subtitle as if it were participating in the Medicare program. Grants such Secretary waiver authority under specified circumstances. (Sec. 613) Authorizes, effective January 1, 2000, a Federal agency to require a provider to transmit required data elements electronically in accordance with applicable presentation or transmission standards. (Sec. 614) Prohibits a health insurance plan, if standards for data elements are promulgated with respect to a class of provider, from requiring for the purpose of utilization review or as a condition of providing benefits under the plan that a provider in the class: (1) provide any data element not in the set of comprehensive data elements specified under such standards; or (2) transmit or present any such data element in a manner inconsistent with the applicable transmission or presentation standards. Authorizes the Secretary to impose a civil monetary penalty on any health insurance plan (with exceptions) that fails to comply with such provision. (Sec. 615) Directs the Secretary to establish an advisory commission in collection and use of data and operation of data systems to monitor and advise the Secretary concerning the standards established under this subtitle and operational concerns about the implementation of such standards. Authorizes appropriations. Subtitle C: 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 (to assure the availability of comparative value information to purchasers of health care in each State) that meets specified criteria. Authorizes the Secretary to make grants to enable each State to plan the development of, and initiate the implementation of its health care value information program. Authorizes appropriations. (Sec. 622) Directs the Secretary, if a State has failed to develop or implement such program, to implement a comparable program in the State. (Sec. 623) Requires the head of each Federal agency with responsibility for the provision of health insurance or health care services to promptly develop and make available to States and to providers and consumers of health care services relevant to health care value information. Subtitle D: Preemption of State Quill Pen Laws - Provides that, effective January 1, 1996, no effect shall be given to any State law provision that requires medical or health insurance records (including billing information) to be maintained in written rather than electronic form. Title VII: Anti-Fraud and Anti-Rationing - Subtitle A: Criminal Prosecution of Health Care Fraud - Amends the Federal criminal code to set penalties for health care fraud. (Sec. 702) Authorizes the Attorney General, in special circumstances, to make payments of up to $10,000 to a person who furnishes information unknown to the Government relating to a possible prosecution for health care fraud, subject to specified limitations. Subtitle B: Coordination of Health Care Anti-Fraud and Abuse Activities - Amends the SSA to apply Federal health anti-fraud and abuse sanctions to all fraud and abuse against any health insurance plan. Directs the Secretary to: (1) identify opportunities for the satisfaction of community service obligations that a court may impose upon the conviction of a criminal ofense involving Medicare or State health care programs; and (2) make information concerning such opportunities available to Federal and State law enforcement officers and State and local health care officials. Subtitle C: Protection Against Rationing of Treatment - Prohibits a health care provider or health insurance plan from denying medical treatment or insurance coverage that a patient is otherwise qualified to receive against the wishes of a patient (or if the patient is incompetent, against the wishes of the patient's guardian) on the basis of the patient's present or predicted age, disability, degree of medical need, or quality of life. (Sec. 722) Makes specified remedies and procedures under the Civil Rights Act of 1964 applicable to any person who is denied medical treatment or insurance coverage, or who has reasonable grounds for believing that such person is about to be subjected to such denial, in violation of this subtitle. Permits an individual subjected to such denial (or a person who would be entitled to bring a cause of action for the individual's wrongful death) to obtain damages.
Bill· HRH.R. 4197 (103rd)open
United States · United States Congress · 13 April 1994
TABLE OF CONTENTS: Title I: Punishing Violent Crime Subtitle A: Violent Felonies and Drug Offenses Subtitle B: Capital Offenses Subtitle C: Enhanced Penalties for Criminal Use of Firearms and Explosives Subtitle D: Miscellaneous Title II: Equal Protection for Victims Subtitle A: Victims' Rights Subtitle B: Judicial Reform Title III: Protecting Families and Communities Subtitle A: Safe Neighborhoods Subtitle B: Crimes Against Children Subtitle C: Punishment of Serious Junvenile Offenders Title IV: Protection of Women Subtitle A: Spouse Abuse and Stalking Subtitle B: Sex Offenses and Punishment Title V: Prevention of Terrorism Subtitle A: Enhanced Controls on Entry into the United States Subtitle B: Deportation of Alien Terrorists Subtitle C: Penalties for Engaging in Terrorism Title VI: Criminal Aliens and Alien Smuggling Subtitle A: Deportation of Criminal Aliens Subtitle B: Prevention and Punishment of Alien Smuggling Title VII: Expanding Prison Capacity Title VIII: Elimination of Delays in Carrying Out Sentences Subtitle A: Post Conviction Petitions: General Habeas Corpus Reform Subtitle B: Special Procedures for Collateral Proceedings in Capital Cases Subtitle C: Funding for Litigation of Federal Habeas Corpus Petitions in Capital Cases Title IX: Public Corruption Title X: Funding Citizens' Crime Prevention and Punishment Act of 1994 - Title I: Punishing Violent Crime - Subtitle A: Violent Felonies and Drug Offenses - Amends the Federal criminal code to require the court to sentence a defendant convicted of a Federal violent felony to life imprisonment if the defendant had previously been convicted of another violent felony. Provides that the defendant shall be subject to the death penalty if death results from the violent felony. (Sec. 102) Provides that any individual who is convicted of a Federal or State crime of violence shall, at the discretion of the court, be ineligible for any or all Federal benefits for up to five years upon a first conviction, up to ten years upon a second conviction, and permanently upon a third conviction. (Sec. 103) Amends the Anti-Drug Abuse Act of 1988 to eliminate judicial discretion in the denial of Federal benefits in cases of certain drug offenses. (Sec. 104) Provides for an enhanced penalty for the discharge of a firearm during and in relation to a crime of violence or a drug trafficking crime. (Sec. 105) Amends the Controlled Substances Act (CSA) to provide for mandatory minimum prison sentences for those who sell illegal drugs to minors or who use minors in drug trafficking activities. (Sec. 106) Amends the Federal criminal code to require: (1) the Director of the Administrative Office of the United States Courts to establish a program of drug testing of criminal defendants on post-conviction release; and (2) the chief probation officer in each district to arrange for the drug testing of such defendants. Requires, as an explicit condition of probation, parole, or supervised release for a felony or a specified violent or drug offense, that the defendant refrain from any unlawful use of a controlled substance and submit to periodic drug tests. (Sec. 107) Amends the Armed Career Criminal Act to include within the definition of "serious drug offense" an offense under State law which, if it had been prosecuted as a CSA violation at the time of the offense and because of the type and quantity of the controlled substance involved, would have been punishable by a maximum term of imprisonment of ten years or more. (Sec. 108) Sets mandatory penalties for firearms possession by persons previously convicted of a violent felony or a serious drug offense, and a mandatory minimum sentence for unlawful possession of a firearm by a convicted felon, fugitive from justice, or transferor or receiver of a stolen firearm. (Sec. 110) Increases: (1) the general penalty for violation of Federal firearms laws; and (2) enhanced penalties for possession of a firearm in connection with a crime of violence or a drug trafficking crime. (Sec. 112) Sets penalties for smuggling firearms in aid of drug trafficking or violent crime. (Sec. 116) Establishes: (1) a temporary prohibition against possession of a firearm by, or transfer of a firearm to, persons convicted of a drug crime; and (2) enhanced penalties for possession of a firearm during a drug crime. Subtitle B: Capital Offenses - Amends the Federal criminal code to establish criteria for imposition of the death penalty for Federal crimes. Requires: (1) the Government, for any offense punishable by death, to serve notice upon the defendant that it intends to seek the death penalty and the aggravating factors upon which it will rely; and (2) the court to conduct a separate sentencing hearing before a jury, or the court along upon motion by the defendant with the approval of the attorney for the Government, when the defendant is found guilty or pleads guilty to an offense punishable by death and the attorney for the Government has met the notice requirements. Allows the defendant and the Government to present any information relevant to sentencing, but permits evidence to be excluded where its probative value is substantially outweighed by the danger of creating unfair prejudice, confusing the issues, or misleading the jury. Permits the Government to present information concerning the effect of the offense on the victim and the victim's family. Specifies mitigating and aggravating factors. Sets forth special aggravating factors for: (1) treason, espionage, homicide, and the attempted murder of the President; and (2) drug offenses punishable by the death penalty (such factors include previous serious drug felony convictions, use of a firearm in committing or furthering certain continuing criminal enterprises, use of minors in trafficking, and lethal adulteration of controlled substances). States that no person who was under age 18 at the time of the offense may be sentenced to death. Requires the court to instruct the jury not to be influenced by prejudice or bias relating to the race, color, religion, national origin, or sex of the defendant or any victim in considering whether to recommend a sentence of death. Sets forth procedures regarding imposition of, appeal from, and implementation of, a sentence of death. Prohibits: (1) a sentence of death from being carried out upon a person who lacks the mental capacity to understand the death penalty and why it was imposed on that person, or upon a woman while she is pregnant; and (2) requiring any employee of a State department of corrections, the Federal Bureau of Prisons, the U.S. Marshals Service, or any person providing services to that department, bureau, or service under contract to be in attendance or to participate in any execution if such participation is contrary to such person's moral or religious convictions. Sets forth provisions regarding: (1) appointment of counsel; (2) deadlines for collateral attacks on judgments imposing a sentence of death; and (3) stays of execution. Limits the circumstances under which a person subject to the criminal jurisdiction of an Indian tribal government may be executed under this subtitle. (Sec. 122) Declares that the death penalty and all other penalties shall be administered by the United States and by every State without regard to the race or color of the defendant or victim, and that neither the United States nor any State shall prescribe any racial quota or statistical test for the imposition or execution of the death penalty or any other penalty. (Sec. 123) Specifies that, in a prosecution for an offense against the United States for which a sentence of death is authorized, the fact that the killing of the victim was motivated by racial prejudice or bias shall be deemed an aggravating factor whose existence permits consideration of the death penalty, in addition to any other aggravating factors that may be specified by law as permitting consideration of the death penalty. (Sec. 124) Extends the protection of civil rights provisions regarding conspiracy against rights and deprivation of rights under color of law to cover persons in (currently, limited to inhabitants of) any State, territory, or district. (Sec. 125) Provides for imposition of the death penalty for specified Federal crimes, including: (1) murders committed by prisoners while confined in a Federal prison; (2) murder of Federal, State, and local law enforcement officers; (3) homicides and attempted homicides involving firearms in Federal facilities; (4) civil rights murders; (5) gun murders; (6) murder by escaped prisoners; (7) torture, where death results, subject to specified limitations; (8) carjacking resulting in death; (9) genocide; and (10) specified drug-related offenses, committed as part of a continuing criminal enterprise. Subtitle C: Enhanced Penalties for Criminal Use of Firearms and Explosives - Chapter 1: Instant Check System for Handgun Purchases - Provides for the establishment of a system for identifying felons and persons adjudicated mentally incompetent. Requires the Attorney General of the United States to create a national, computerized list of prohibited persons, incorporate State criminal history records into the Federal criminal records systems maintained by the Federal Bureau of Investigation (FBI), develop hardware and software systems to link State lists with the national list, and provide any responsible State agency with access to the national list, upon request. Directs teach State to create and maintain a computerized list of all persons who are prohibited persons by reason of a conviction or adjudication in the State and, within two years, achieve and maintain at least 80 percent currency of case dispositions in the computerized list for all cases in which there has been an entry of activity within the immediately preceding five years. Requires the State transportation agency, before issuing, reissuing, or reinstating a license, to: (1) conduct a record check to determine whether the applicant is a prohibited person; and (2) affix to the license of the person a magnetic strip on which is encoded information to identify such a person. Provides for the seizure and voiding of a driver's license upon a felony conviction or adjudication of mental incompetency. Sets forth provisions regarding: (1) the funding of records checks; (2) procedures for correcting erroneous records; and (3) judicial review. Requires the Director of the Bureau of Justice Assistance (BJA) to reduce by 25 percent the annual allocation to a State for a fiscal year under title I (drug control and system improvement grant program) of the Omnibus Crime Control and Safe Streets Act of 1968 (Omnibus Act) for States with a waiting period or a system for identifying felons before the purchase of a handgun not meeting specified requirements. (Sec. 133) Prohibits a licensed firearms dealer from knowingly selling a handgun to an unlicensed individual without reading the magnetic strip, or failing to notify local law enforcement authorities within 72 hours of any person attempting to purchase a handgun who is identified as a prohibited person through the use of such a device. Sets penalties for violations. Chapter 2: Other Firearms Provisions - Increases penalties for: (1) interstate gun trafficking; (2) making knowingly false, material statements in connection with the purchase of a firearm from a licensed dealer; and (3) a second offense of using an explosive to commit a felony. (Sec. 142) Prohibits: (1) transactions involving stolen firearms which have moved in interstate or foreign commerce; (2) the receipt of firearms by non-residents of the State in which the transferor resides, unless such receipt is for lawful sporting purposes; (3) the possession of explosives by felons and others; and (4) the possession of explosives during the commission of a felony. (Sec. 145) Provides for mandatory revocation of supervised release for possession of a firearm in violation of a condition of release. (Sec. 156) Authorizes the summary destruction of explosives subject to forfeiture under specified circumstances. Subtitle D: Miscellaneous - Increases penalties for Travel Act crimes involving racketeering and conspiracy to commit contract killings. (Sec. 162) Makes it a criminal offense to fail to obey an order to land an aircraft issued by an authorized Federal law enforcement officer under specified circumstances. (Sec. 164) Provides enhanced penalties for drug trafficking in prisons. Title II: Equal Protection for Victims - Subtitle A: Victims' Rights - Enacts Rules of Professional Conduct for Lawyers in Federal Practice, including provisions regarding: (1) a prohibition on attorneys engaging in actions deemed abusive to clients or others; (2) a duty of enquiry (to elicit from the client a truthful account of the material facts concerning the matters in issue); (3) a duty to expedite litigation; and (4) a duty to disclose information necessary to prevent the commission of a crime. (Sec. 202) Revises Federal Rule of Criminal Procedure: (1) 24(b) to entitle each side to six peremptory challenges (currently, six for the Government and ten for the defendant or defendants jointly); and (2) 32 to provide for a victim's right of allocution in sentencing for a crime of violence or sexual abuse. (Sec. 204) Provides for the enforcement of restitution orders through the suspension of Federal benefits. (Sec. 205) Sets penalties for retaliatory killings of witnesses, victims, and informants. Subtitle B: Judicial Reform - Amends the Federal Rules of Evidence (FRE) to allow evidence of similar offenses in criminal or civil sexual assault and child molestation cases. (Sec. 212) Revises FRE 412 (sex offense cases; relevance of victim's past behavior) to: (1) expand the scope of the rape shield law and to require that an order admitting evidence of a victim's past sexual behavior explain the reasoning leading to a finding of relevance and the basis of a finding that the probative value of the evidence outweighs the danger of unfair prejudice; and (2) make inadmissible evidence to show invitation or provocation by a victim in sexual abuse cases. (Sec. 214) Specifies that evidence obtained as a result of a search or seizure shall not be excluded on the ground that the search or seizure was in violation of the fourth amendment to the Constitution if carried out in circumstances justifying an objectively reasonable belief that it was in conformity with the fourth amendment. (Sec. 215) Provides that in a criminal trial in any Federal or State court: (1) on motion of the defense attorney or prosecutor, the risk of racial prejudice or bias shall be examined on voir dire if there is a substantial likelihood that such prejudice will affect the jury; (2) on motion of the defense attorney or prosecutor, a change of venue shall be granted if an impartial jury cannot be obtained in the original venue because of such prejudice; and (3) neither the prosecutor nor the defense attorney shall make any appeal to such prejudice in statements before the jury. (Sec. 216) Amends the Federal criminal code to provide that a list of veniremen and witnesses need not be furnished in capital cases if the court finds by a preponderance of the evidence that providing the list may jeopardize the life or safety of any person. (Sec. 217) Increases penalties for attempting to influence or injure court officers or jurors. (Sec. 218) Provides for imposition of the death penalty for the murder of a Federal witness. (Sec. 219) Requires (current law authorizes) the court to order restitution of the victim when a convicted defendant is being sentenced for specified offenses. Authorizes a court to order restitution of any person who, as shown by a preponderance of the evidence, was harmed physically, emotionally, or pecuniarily by unlawful conduct of the defendant during the offense or during the course of a scheme, conspiracy, or pattern of unlawful activity related to the offense. Directs the court: (1) to order restitution in the full amount of the victim's losses without consideration of the economic circumstances of the offender or the fact that a victim is entitled to receive compensation from insurance or any other source; and (2) upon determination of the amount owed to each victim, to specify in the restitution order the manner of, and schedule for, restitution in consideration of the financial resources and other assets, projected earnings and other income, and financial obligations of the offender. Specifies that: (1) a restoration order may direct the offender to make a single, lump-sum payment, partial payments at specified intervals, or such in-kind payments as may be agreeable to the victim and the offender; and (2) such in-kind payments may be in the form of the return or replacement of property or services rendered to the victim or another person or organization. Provides that when the court finds that more than one: (1) offender has contributed to the loss of a victim, the court may make each offender liable for payment of the full amount or may apportion liability among the offenders to reflect the level of contribution and economic circumstances of each offender; and (2) victim has sustained a loss requiring restitution by an offender, the court shall order full restitution of each victim but provide for different payment schedules to reflect the economic circumstances of each victim. Sets forth provisions regarding: (1) compensation with respect to losses from insurance or other sources; (2) set-offs against amounts later recovered as compensatory damages by the victim in Federal and State civil proceedings; and (3) payment by the offender to the clerk of the court for accounting and payment in accordance with this section. Specifies that a restitution order shall constitute a lien against all property of the offender. Makes compliance with a restitution order a condition of any probation, parole, or other form of release of an offender. Specifies actions the court may take, including revocation of probation or supervised release, if a defendant fails to comply. Provides for enforcement of restitution orders. Authorizes: (1) a victim or offender to petition the court to modify a restitution order in view of a change in the economic circumstances of the offender; and (2) the court to refer any issue arising in connection with a proposed restitution order to a magistrate or special master for proposed findings of fact and recommendations as to disposition, subject to a de novo determination of the issue by the court. Title III: Protecting Families and Communities - Subtitle A: Safe Neighborhoods - Amends the CSA to increase penalties for drug trafficking in or near schools. (Sec. 302) Authorizes: (1) a school district to elect to qualify as a Federal safe school district by decision of a local educational agency or by referendum of the voters in a school district served by such an agency; and (2) the Attorney General to make grants to local educational agencies or local law enforcement agencies of Federal safe school districts to pay for enhanced school security measures. (Sec. 303) Amends the Omnibus Act to authorize the Director of the BJA to make grants to local governments and community groups to increase the police presence in communities. Requires the Director to develop a written model that informs community members regarding how to identify the existence of a drug or gang house and what civil remedies and mediation techniques are available. Authorizes appropriations. (Sec. 306) Amends: (1) the Omnibus Act to include among drug control and system improvement grant funding objectives law enforcement and prevention programs relating to gangs or to youth who are involved or at risk of being involved in gangs; and (2) the CSA to increase penalties for drug trafficking in or near public housing. Subtitle B: Crimes Against Children - Provides for imposition of the death penalty for murder during the sexual exploitation of children. (Sec. 312) Increases penalties for: (1) sex offenses against victims below age 16; (2) assaults against children; (3) using minors in drug trafficking; (4) drug distribution to minors; and (5) using a minor in the commission of a Federal offense. (Sec. 313) Sets penalties for international trafficking in child pornography. (Sec. 315) Directs the U.S. Sentencing Commission to amend the sentencing guidelines to increase the base offense level for sex offenses, consider whether any other changes are warranted, review the appropriateness and adequacy of existing offense characteristics and adjustments applicable to such offenses, and (in any subsequent amendment of the guidelines) maintain minimum guidelines sentences for such offenses which are at least equal to those required by this section. (Sec. 316) Provides for interstate enforcement of child support orders. (Sec. 319) Makes it a Federal offense to remove a child from, or retain a child outside, the United States to obstruct the lawful exercise of parental rights. (Sec. 320) Authorizes appropriations to carry out State court programs regarding international parental child abduction. (Sec. 321) Provides for imposition of the death penalty for the kidnapping of a child resulting in the child's death. Subtitle C: Punishment of Serious Juvenile Offenders - Makes serious juvenile drug offenses predicates to a violation of the Armed Career Criminal Act. (Sec. 332) Requires that juveniles found guilty of certain offenses be fingerprinted and photographed, with such fingerprints and photographs sent to the FBI, Identification Division. Directs the court to transmit to such division information concerning the adjudication. (Sec. 333) Provides for the prosecution as adults of violent juvenile offenders. Prohibits the incarceration in an adult prison of a juvenile prosecuted as an adult. Title IV: Protection of Women - Subtitle A: Spouse Abuse and Stalking - Amends the Federal criminal code to: (1) set penalties for interstate travel to commit spouse abuse or to violate a protective order; and (2) provide for full faith and credit of protective orders among the States. Subtitle B: Sex Offenses and Punishment - Establishes a civil remedy for victims of sexual violence. (Sec. 412) Authorizes the restitution of victims of sex offenses. (Sec. 413) Provides for pretrial detention in sex offense cases. (Sec. 414) Mandates life imprisonment for aggravated sexual assault. (Sec. 415) Provides for imposition of the death penalty for persons engaging in sexual abuse resulting in death. (Sec. 416) Increases penalties for recidivist sex offenses. (Sec. 417) Directs the Sentencing Commission to amend the sentencing guidelines to increase the base offense level for sex offenses. (Sec. 418) Provides for testing for human immunodeficiency virus for persons charged in sex offense cases and the disclosure of the test results to the victim. Directs the Sentencing Commission to amend existing guidelines for sentences for sex offenses where the offender knew or had reason to know that he was infected with such virus, except where the offender knew or had reason to know that he was infected with such virus, except where the offender did not engage or attempt to engage in conduct creating a risk of transmission of the virus to the victim. Title V: Prevention of Terrorism - Subtitle A: Enhanced Controls on Entry into the United States - Amends the Immigration and Nationality Act (INA) to require exclusion from admission to the United States of anyone who is a member of an organization that engages in terrorist activity or who actively supports or advocates terrorist activity. (Sec. 503) Provides for the exclusion of an alien for presenting fraudulent documents, or for failing to present documents used to board a common carrier, to an immigration officer upon arrival at a port of entry into the United States. Specifies that any alien who is excludable under such provisions may not apply for or be granted asylum, with exceptions. (Sec. 504) Limits court jurisdiction with respect to habeas corpus review, other judicial review and action, and collateral enforcement proceedings. Subtitle B: Deportation of Alien Terrorists - Establishes procedures to apply whenever the Attorney General certifies under seal to a special court (established pursuant to this subtitle) that: (1) the Attorney General or Deputy Attorney General has approved of the deportation proceeding; (2) an alien terrorist is physically present in the United States; and (3) removal of such terrorist by deportation proceedings would pose a risk to national security by disclosing classified information. Directs the Chief Justice of the United States to publicly designate up to seven judges to hear and decide such cases. Sets forth procedures for a special removal hearing, including provisions for appointment of counsel and appeals. Subtitle C: Penalties for Engaging in Terrorism - Amends the Federal criminal code to: (1) prohibit providing material support to terrorists; and (2) extend the statute of limitations for certain terrorism offenses. (Sec. 522) Directs the Sentencing Commission to provide for an increase in the base offense level for any felony involving or intended to promote international terrorism, unless such involvement or intent is itself an element of the crime. (Sec. 524) Increases penalties under the International Emergency Economic Powers Act for violation of orders regarding the declaration of a national emergency and the Federal criminal code for passport and visa-related violations. (Sec. 525) Sets penalties for: (1) specified acts of violence at international airports; (2) violence against maritime navigation; (3) violence against maritime fixed platforms; and (4) the use of weapons of mass destruction. (Sec. 529) Directs the President to establish a National Task Force on Counterterrorism. (Sec. 530) Provides for imposition of the death penalty for causing death through the use of a bomb or other destructive device. Title VI: Criminal Aliens and Alien Smuggling - Subtitle A: Deportation of Criminal Aliens - Amends the INA to permit an alien sentenced to imprisonment to be deported prior to the termination of such imprisonment if the Immigration and Naturalization Service (INS) petitions the appropriate court or other authority to release the alien into INS custody for execution of a deportation order. Prohibits the deportation until all direct appeals of the conviction have been exhausted. (Sec. 602) Authorizes the registration of aliens on criminal probation or criminal parole within the United States. (Sec. 603) Expands the definition of "aggravated felony" to include illicit trafficking in explosive materials and a crime of violence for which the term of imprisonment imposed is at least five years. (Sec. 604) Amends the INA to authorize the Attorney General to issue a final order of deportation without an administrative hearing or administrative review for any alien who was not lawfully admitted for permanent residence, or who had permanent resident status on a conditional basis, and whom the Attorney General determines is deportable and has been convicted of an aggravated felony. Limits judicial review of such determinations. Provides that an alien convicted of an aggravated felony shall be conclusively presumed to be deportable. (Sec. 605) Grants a U.S. district court jurisdiction to enter a judicial order of deportation at the time of sentencing against an alien convicted of an aggravated felony if such order has been requested prior to sentencing by the U.S. Attorney. (Sec. 606) Restricts defenses to exclusion and deportation for certain aliens convicted of aggravated felonies. (Sec. 607) Enhances penalties for failing to depart or reentering after a final order of deportation. Limits collateral attacks or deportation orders. (Sec. 609) Authorizes appropriations for a criminal alien information system. Subtitle B: Prevention and Punishment of Alien Smuggling - Authorizes appropriations for Border Patrol agents and investigators. (Sec. 613) Increases penalties for bringing in and harboring certain aliens. Title VII: Expanding Prison Capacity - Amends the Internal Revenue Code to include within the definition of "exempt facility bond" certain bonds issued to provide for correctional facilities. (Sec. 702) Directs the Attorney General to: (1) establish a Regional Prison Task Force; and (2) create a plan for the establishment of a nationwide regional prison system. Sets forth provisions regarding State and prisoner eligibility requirements. Establishes in the Treasury a Regional Prison Fund. Authorizes appropriations. (Sec. 703) Amends the Davis-Bacon Act to make provisions concerning the rate of wages for laborers and mechanics inapplicable to prison construction. (Sec. 704) Amends the Federal judicial code to deny the district court, in any action challenging the constitutionality of conditions of confinement in any correctional institution housing persons accused or convicted of a crime or juveniles adjudicated delinquent, jurisdiction to: (1) impose a ceiling on the population of any correctional institution or to require any adjustment of the release dates of inmates; or (2) prohibit the use of tents or prefabricated structures for housing inmates. Prohibits any consent decree in any such action from providing relief greater than the minimum required to bring the conditions of confinement into substantial compliance with the Constitution. Provides for modification of orders or decrees. (Sec. 705) Amends the Defense Base Closure and Realignment Act of 1990 and the Defense Authorization Amendments and Base Closure and Realignment Act to require the Secretary of Defense, before any action is taken with respect to the disposal or transfer of real property at a military facility being closed or realigned, to notify the State and each local government in which the facility is located, as well as other interested persons, of the suitability of the property or facility for conversion and use as a youthful offender boot camp. Requires the State, local government, or interested party to whom such real property is so transferred to certify that the property or facilities will be promptly converted and used for such purpose. Directs the Secretary to develop a model program intended to incorporate military basic training, instruction, and disciplinary procedures into the design and operation of youthful offender boot camps at the Federal, State, and local levels. (Sec. 706) Amends the Omnibus Act to reallocate between public agencies and private nonprofit organizations the percentage of grant funds authorized under such Act for correctional options that provide alternative to traditional modes of incarceration and offender release programs. Title VIII: Elimination of Delays in Carrying Out Sentences - Subtitle A: Post Conviction Petitions: General Habeas Corpus Reform - Amends the Federal judicial code to establish a one-year statute of limitations for habeas corpus actions brought by State prisoners. (Sec. 802) Vests authority to issue certificates of probable cause for appeal of habeas corpus orders exclusively in the courts of appeals. (Sec. 804) Permits the denial of a habeas corpus petition on the merits notwithstanding the failure of the applicant to exhaust State court remedies. (Sec. 805) Imposes a two-year period of limitation for filing for collateral relief by Federal prisoners. Subtitle B: Special Procedures for Collateral Proceedings in Capital Cases - Amends the Federal judicial code to set forth special habeas corpus procedures in capital cases. Subtitle C: Funding for Litigation of Federal Habeas Corpus Petitions in Capital Cases - Amends the Omnibus Act to require the Director of BJA to provide grants to the States to support litigation pertaining to Federal habeas corpus petitions in capital cases. Title IX: Public Corruption - Amends the Federal criminal code to prescribe criminal penalties to be imposed upon: (1) anyone who uses any facility of, or affects, interstate or foreign commerce to deprive or defraud the inhabitants of a State of the honest services of a State official or of a fair and impartially conducted election process; and (2) any State or Federal official who, in order to carry out or conceal any scheme or artifice to defraud, discriminates, harasses, or takes adverse action against another official. Authorizes such adversely affected official to obtain relief through a civil action, provided such person did not participate in the scheme or artifice. (Sec. 902) Amends mail fraud provisions to prohibit the use of any facility of interstate or foreign commerce in the execution of a scheme or artifice to defraud. (Sec. 903) Sets forth prohibitions regarding narcotics-related public corruption. Title X: Funding - Requires each head of a Federal agency making a grant to, or entering into a contract with, an institution of higher education for research and development to reduce the overhead payment rate under the grant or contract to 90 percent of the current level and return the amount saved to the general fund of the Treasury. (Sec. 1002) Reduces the overhead expenses identified and reduced by the President in Executive Order 12837 by an additional five percent.