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451 records in US in 1994
United States · United States Congress · 10 March 1994
Home Office Deduction Act of 1994 - Amends the Internal Revenue Code to provide qualifications for a home office as a principal place of business for purposes of the deductibility of expenses.
United States · United States Congress · 10 March 1994
TABLE OF CONTENTS: Title I: NOAA Ocean and Coastal Programs Title II: Administration and Other Accounts Title III: Miscellaneous NOAA Programs National Oceanic and Atmospheric Administration Authorization Act of 1994 - Title I: NOAA Ocean and Coastal Programs - Authorizes appropriations to the Secretary of Commerce for FY 1994 and 1995 for use by the National Oceanic and Atmospheric Administration (NOAA) for the following programs and activities: (1) mapping and charting; (2) geodesy; (3) weather observation and prediction; (4) estuarine and coastal assessment; and (5) marine prediction research, including research activities at the Great Lakes and the Southeast Florida and Caribbean Areas. Title II: Administration and Other Accounts - Authorizes appropriations to the Secretary for FY 1994 and 1995 for NOAA marine service activities. Title III: Miscellaneous NOAA Programs - Requires one-sixth of the fiscal year fees collected by the NOAA from the sale of nautical products (and from licensing of such products) to be deposited in a specified account and used only for the acquisition, installation, and maintenance of certain systems and equipment, as well as other activities directly related to the modernization and improvement of maritime safety. Provides that such fees shall not be considered to be offsetting receipts and shall not be used for administrative costs of NOAA or the Department of Commerce. (Sec. 301b) Directs the Secretary to deploy in Galveston Bay and the Houston Ship Channel a Physical Ocean Real-Time System (PORTS system). (Sec. 302) Expresses the sense of the Congress that the NOAA should expand its efforts to further the use of defense-related technologies, data, and other resources to support its oceanic missions. (Sec. 303) Directs the Secretary to report to specified congressional committees on the status of NOAA marine navigation safety programs. (Sec. 304) Directs the Secretary to give priority consideration to designating Mullica River, New Jersey, as a national estuarine reserve under the Coastal Zone Management Act of 1972. (Sec. 305) Directs the Secretary to take into account specified factors in selecting a replacement site for the National Marine Fisheries Service Lab at Tiburon, California. Directs the Secretary to report to specified congressional committees concerning facility needs for the National Marine Sanctuary Program. (Sec. 307) Directs the Secretary to establish a PORTS system for San Francisco Bay after conducting a hydrodynamics study of the Bay. Authorizes appropriations. (Sec. 308) Directs the Secretary to convey to Massachusetts the National Marine Fisheries Service Laboratory at Gloucester, Massachusetts, under certain terms and conditions, including continued use of such property by such Service. (Sec. 309) Provides reimbursement from the United States to NOAA, after settlement of a collision damage claim involving the NOAA research vessel DISCOVERER, for use in vessel repair. (Sec. 310) Authorizes the Secretary to enter into specified contracts for FY 1995 to implement the NOAA fleet modernization plan. Provides certain limitations on expenditures for repairs and maintenance under the NOAA Fleet Modernization Act.
United States · United States Congress · 10 March 1994
TABLE OF CONTENTS: Title I: Maritime Administration Authorization of Appropriations Title II: Amendments to the Merchant Marine Act, 1936 Title I: Maritime Administration Authorization of Appropriations - Maritime Administration Authorization Act for Fiscal Year 1995 - Authorizes appropriations to the Department of Transportation for FY 1995 for certain maritime programs, costs, and expenses. Amends the Merchant Ship Sales Act of 1946 to require a request from the Secretary of Defense (currently, the Secretary of the Navy) to the Secretary of Transportation for use of the National Defense Reserve Fleet for defense readiness, testing, sealift, and deployment functions. Requires a report from the Secretary of Transportation to the Congress on the condition of U.S. public ports to be submitted each even-numbered year (currently, every year). Title II: Amendments to the Merchant Marine Act, 1936 - Maritime Security and Trade Act of 1994 - Amends the Merchant Marine Act, 1936 to allow the Secretary of Transportation to authorize a contractor operating either a liner vessel or a bulk cargo vessel and receiving an operating-differential subsidy (ODS) to construct, reconstruct, or acquire a replacement vessel of over five thousand deadweight tons that would reach the end of its subsidizable life prior to the expiration of the contractor's ODS contract. Requires foreign-built vessels so acquired to be less than five years of age at the time of documentation. Requires any necessary vessel repairs or alterations to be performed in privately owned U.S. shipyards. Prohibits the Secretary, after the date of enactment of this Act, from entering into any new contract for an ODS. Provides transition provisions for ODS contracts in effect before such date while prohibiting any contract renewals or extensions. Directs the Secretary to encourage the establishment of a fleet of active, militarily useful, privately owned liner vessels to maintain an American presence in international commercial shipping and meet national defense and other security requirements. Requires the vessel owner or operator to enter into an operating agreement (OA) with the Secretary which requires operation exclusively in the foreign trade. Limits the total cost of such OAs for FY 1995 through 2004. Appropriates funds for such OAs. Requires certain vessel certifications in order to qualify for annual payments under such OAs. Prohibits any such vessel from being under an ODS contract at the time. Provides a priority for the Secretary in entering into such OAs. Makes such OAs effective for up to ten years, requiring termination no later than the end of FY 2004. Requires all vessels entered into an OA to enroll in an Emergency Preparedness Program as established under this Act. Requires vessel owners and operators entered into an OA, in time of war or national emergency or when otherwise decided by the President, to make available commercial transportation resources pursuant to an Emergency Preparedness Program established by the Secretary in consultation with the Secretary of Defense. Prohibits an owner or operator from receiving any payment under an OA under this Act if such owner or operator or a related party owns or operates a vessel engaged in the transportation of cargo in a noncontiguous trade, with specified waivers. Provides for waiver applications, hearings, and determinations. Provides waivers for owners and operators currently operating in noncontiguous trade, especially with respect to noncontiguous trade with Hawaii, Puerto Rico, and Alaska, limiting the annual capacity of such permitted trade. Requires each person granted a waiver to report annually to the Secretary setting forth the service authorized by the waiver. Provides a supplemental duty of 15 cents per ton (not to exceed in the aggregate 75 cents per ton in any one year) for foreign vessels entering a U.S. port during FY 1995 through 2004. Provides certain exceptions to a prohibition against any contractor receiving an ODS from owning or operating any foreign-flag vessels which compete with any American-flag service. Redefines "privately owned United States-flag commercial vessels" for purposes of the Merchant Marine Act, 1936. States that provisions of such Act requiring the use of U.S.-flag vessels in the shipment of cargoes procured, furnished, or financed by the United States shall be deemed fulfilled if the actual ocean transportation is achieved by a combination of U.S. and foreign-flag feeder vessels and the distance achieved by the U.S. flag vessel during such transportation is greater than that achieved by the foreign-flag feeder vessel. Provides a 25-year limitation on certain restrictions and requirements applicable to vessels constructed, reconstructed, or reconditioned with the aid of a construction-differential subsidy.
United States · United States Congress · 10 March 1994
Economic and Employment Impact Act - Requires the Director of the Congressional Budget Office to prepare an economic and employment impact statement to accompany each bill or joint resolution reported by any congressional committee (except the Committee on Appropriations) or considered on the floor of either House. Requires such statement to include: (1) an estimate of the numbers of individuals and businesses who would be regulated by the legislation and their groups and classes; (2) the economic impact of such regulation on individuals, consumers, and businesses affected; and (3) an estimate of costs which would be incurred by the private sector in complying with such legislation in each of the five fiscal years after it is to become effective, together with the basis for each such estimate, and of costs which would be incurred by State and local governments. Requires the statement to be printed in the committee report and, if unavailable for such publication, published in the Congressional Record within two calendar days before any floor consideration of the legislation by either House. Requires each executive department and agency to prepare such a statement to accompany regulatory actions, publish the statement in the Federal Register together with the regulatory action, and make the statement available to the public if such action is not published in the Federal Register. Provides that nothing in this Act shall be construed to modify or otherwise affect the requirements of rule XXVI of the Standing Rules of the Senate regarding committee preparation of an evaluation of regulatory impact with respect to legislation. Requires the Director, department, or agency to submit a statement setting forth the reasons if it is impracticable to comply with this Act. Sets forth provisions authorizing a national security emergency waiver of Act requirements under specified circumstances.
United States · United States Congress · 10 March 1994
Amends rule XXII of the Rules of the House of Representatives to make it out of order to consider any measure proposing a constitutional amendment to balance the Federal budget until the Director of the Congressional Budget Office certifies to the House that the Federal budget has been in balance for the two most recently completed fiscal years.
United States · United States Congress · 9 March 1994
Prohibits providing Russia with foreign assistance for any fiscal year after FY 1995 unless the President certifies to the Congress for such fiscal year that: (1) the U.S. Government has received satisfactory assurances from the Government of Russia that Russia's intelligence activities in the United States are confined to routine, non-adversarial information gathering; (2) the Russian Government has concluded written agreements with the Governments of Latvia, Estonia, and Moldova on the unconditional withdrawal of Russian troops from those nations and is making progress toward fulfilling the agreements, is not pursuing policies in the former Yugoslavia that are contrary to U.S. and allied interests, and is committed to (and taking concrete steps toward) reforming the Russian economy along free-market lines; (3) Russian troops in the Kaliningrad region of Russia are respecting the sovereign territory of Lithuania and neighboring countries and are not offensively postured against any other countries; and (4) the activities of the Russian Government in the independent states of the former Soviet Union do not represent an attempt by Russia to diminish the sovereignty and independence of such States. Prohibits, with respect to FY 1995, providing foreign assistance to Russia unless the President certifies to the Congress for that fiscal year that the Russian Government has provided the U.S. Government with a full and accurate accounting of the espionage activities related to the Aldrich Ames case. Requires the President to report to the Congress for each fiscal year: (1) the amount, purpose, and effectiveness of foreign assistance provided to Russia for the preceding fiscal year; (2) a detailed accounting of the amount of foreign assistance appropriated which has not been expended and its status; and (3) an estimate of the total amount of capital exported from Russia during the previous fiscal year. Expresses the sense of the Congress that the U.S. Government should oppose all lending to Russia by the international financial institutions to which the United States is a member unless the Russian Government is in compliance with the conditions for assistance set forth by this Act.
United States · United States Congress · 9 March 1994
Sets forth the rule for the consideration of H. Con. Res. 218 (setting forth the congressional budget for the Government for FY 1995 through 1999).
United States · United States Congress · 8 March 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.
United States · United States Congress · 8 March 1994
Amends the Internal Revenue Code to make permanent the special rules for gifts or qualified appreciated stock to certain tax-exempt private foundations for purposes of the itemized deduction of charitable contributions. Includes grants to certain foreign organizations as qualified distributions by private foundations for purposes of the tax on failure to distribute income.
United States · United States Congress · 8 March 1994
Church Retirement Benefits Simplification Act of 1993 - Amends the Internal Revenue Code to recodify and revise qualifications for church retirement and pension plans. Makes employee contributions to such plans nonforfeitable. Requires the plan to meet minimum vesting requirements. Recodifies the authority of a church or a convention or association of churches to be treated as an employer making contributions to retirement income accounts. Subjects church-related hospitals and universities to certain coverage and related rules in the case of a contract purchased by a church. Requires distributions from retirement income accounts provided by churches to be in accordance with distributions under cash or deferred arrangements. Provides for determining the beginning date for such distributions. Allows self-employed ministers and chaplains who work for non-church employers to participate in their church plans. Provides that certain rules aggregating employees do not apply to churches. Restores qualified voluntary employee contributions to church plans. Treats self-employed ministers as employees for purposes of certain welfare benefit plans and retirement income accounts. Allows a deduction for contributions to retirement income accounts by such ministers. Provides that a church plan maintained by more than one employer shall not be treated as a single plan. Provides that accounting methods of deferred compensation plans of State and local governments and tax-exempt organizations do not apply to a church plan. Exempts a church plan from the requirement to maintain separate accounts for medical benefits for key employees. Provides that the special rules for computing employee contributions to pension plans do not apply to certain foreign missionaries. Repeals the elective deferral catch-up limitation for church retirement income accounts. Allows church plans to annuitize benefits and increase benefit payments. Provides that rules for self-insured medical reimbursement plans are not applicable to church plans. Provides that retirement benefits of ministers are not subject to the tax on net earnings from self-employment.
United States · United States Congress · 8 March 1994
Establishes the congressional budget for FY 1995 and sets forth appropriate budgetary levels for FY 1996 through 1999. Sets forth recommended budgetary levels of Federal revenues, new budget authority, budget outlays, deficits, public debt, and credit activity, including funding for each major functional category. Provides for adjusting total levels of budget authority, outlays, and revenues if health care reform legislation is reported. Expresses the sense of the Congress that the following legislation should be enacted: (1) enforceable limits to control the growth of entitlement or mandatory spending; (2) a regular procedure to provide assistance for disasters and other emergencies without adding to the deficit; and (3) expedited rescission authority over appropriations measures for the President. Expresses the sense of the Committee on the Budget that all financial transactions associated with health reform legislation relying on mandated payments to a Government entity be treated as part of the Federal budget. Expresses the concerns of the Committee on the Budget with respect to the costs to State and local government because of the Federal Government's failure to enforce immigration laws. Expresses the sense of the Congress on the need for reserve funds for emergencies. Expresses the sense of the Congress on imposing unfunded mandates on State and local government. Expresses the sense of the Congress that: (1) the President should submit a budget that compares proposed spending levels for the budget year with the current year; and (2) the starting point for deliberations on a budget resolution should be the current year.
United States · United States Congress · 3 March 1994
TABLE OF CONTENTS: Title I: Insurance Reform Subtitle A: Increased Availability and Continuity of Health Coverage for Employees and Their Families Subtitle B: Reform of Health Insurance Marketplace for Small Business Subtitle C: Preemption Subtitle D: Health Deduction Fairness Title II: Preventing Fraud and Abuse Subtitle A: Establishment of All-Payer Health Care Fraud and Abuse Control Program Subtitle B: Revisions to Current Sanctions for Fraud and Abuse Subtitle C: Administrative and Miscellaneous Provisions Subtitle D: Amendments to Criminal Law Title III: Malpractice Reform Subtitle A: Findings; Purpose; Definitions Subtitle B: Uniform Standards for Malpractice Claims Subtitle C: Requirements for State Alternative Dispute Resolution Systems (ADE) Title IV: Paperwork Reduction and Administrative Simplification Title V: Expanding Access/Preventive Care Subtitle A: Expanding Access Through Community Health Authorities Subtitle B: Expansion of Public Health Programs on Preventive Health Title VI: Antitrust Provisions Title VII: Prefunding Government Health Benefits for Certain Annuitants Health Reform Consensus Act of 1994 - Title I: Insurance Reform - Subtitle A: Increased Availability and Continuity of Health Coverage for Employees and Their Families - Requires each employer to make available to each eligible employee a group health plan under which: (1) coverage of each eligible individual with respect to such employee may be elected on an annual basis; (2) coverage is provided for at least the required coverage specified; and (3) employees may elect to have premiums collected through payroll deduction. Does not require employer contributions to the cost of coverage under such a plan. Provides for the exclusion of: (1) employers who have been employers for less than two years or who have no more than two eligible employees or no more than two eligible employees not covered under any group health plan; and (2) family members under specified circumstances. Specifies that a group health plan shall not be treated as failing to meet the requirements of this Act solely because a period of service by an eligible employee of not more than 60 days is required for coverage. Specifies that the required coverage is standard coverage, except that in the case of a small employer that has not contributed during the previous plan year to the cost of coverage for any eligible employee under any group health plan, the required coverage for the plan year is coverage under a standard plan and a catastrophic plan. Provides for a five-year transition for existing group health plans. (Sec. 1002) Sets forth provisions regarding: (1) compliance with applicable requirements through multiple employer health arrangements; and (2) coverage options under a State medical health allowance program. (Sec. 1011) Prohibits a group health plan from imposing (and an insurer from requiring an employer from imposing through a waiting period for coverage under a plan or similar requirement) a limitation or exclusion of benefits relating to treatment of a preexisting condition if: (1) the condition relates to a condition that was not diagnosed or treated within three months before the date of coverage under the plan; or (2) the limitation or exclusion extends over more than six month after the date of coverage, applies to an individual who, as of the date of birth, was covered under the plan, or relates to pregnancy. Specifies that, in the case of an individual who is eligible for coverage under a plan but for a waiting period imposed by the employer, the individual shall be treated as having been covered under the plan as of the earliest date of the beginning of the waiting period. (Sec. 1012) Requires each group health plan to waive any period applicable to a preexisting condition for similar benefits with respect to an individual to the extent that the individual, prior to enrollment in such plan, was covered for the condition under any other health plan. (Sec. 1013) Prohibits: (1) a multiemployer plan and an exempted multiple employer health plan from canceling or denying renewal of coverage under such a plan for an employer other than for nonpayment of contributions, fraud or other misrepresentation, noncompliance with plan provisions, failure to maintain minimum participation rates (in the case of a small employer) misuse of a provider network provision, or because the plan is ceasing to provide any coverage in a geographic area; (2) an insurer from canceling a health insurance plan or denying renewal of coverage other than as prescribed above; and (3) an insurer who terminates the offering of health insurance plans in an area from offering such a plan to any employer in the area until five years after the date of the termination. (Sec. 1021) Makes provisions of the Employee Retirement Income Security Act of 1974 applicable with respect to enforcement of this Act (by the Department of Labor). Imposes a civil penalty ($100 per day for each individual involved, subject to specified limitations) on the failure of an insurer to comply with the requirements of sections 1011 through 1013, unless the Secretary of Health and Human Services (Secretary) determines that the State has in effect a regulatory enforcement mechanism that provides adequate sanctions. Subtitle B: Reform of Health Insurance Marketplace for Small Business - Requires each insurer that makes available a health insurance plan to a small employer in a State to make available to each small employer in the State a standard plan and a catastrophic plan, with exceptions for health maintenance organizations (HMOs) and if a State provides for guaranteed availability (rather than guaranteed issue). Requires each insurer that offers a standard or catastrophic plan to a small employer in a State to accept: (1) every small employer in the State that applies for coverage; and (2) every eligible individual who applies for enrollment on a timely basis. Sets forth provision regarding: (1) special rules for HMOs; (2) timely enrollment requirements; and (3) enrollment of spouses and dependents. Makes such requirements inapplicable in a State that has provided (in accordance with specified standards) a mechanism under which each insurer offering a health insurance plan to a small employer in the State must participate in a program for assigning high-risk small employer groups (or individuals within such a group) among some or all such insurers, if the insurers comply. (Sec. 1102) Defines "health plan" as a health insurance plan that: (1) is designed to provide standard coverage with substantial cost-sharing or only catastrophic coverage; (2) meets applicable requirements relating to guaranteed issue; (3) meets specified consumer protection standards; and (4) meets any participation requirements with respect to an applicable reinsurance or allocation of risk mechanism. States that standard coverage includes: (1) inpatient and outpatient hospital care; (2) inpatient and outpatient physicians' services; (3) diagnostic tests; (4) specified preventive services; and (5) specified inpatient hospital care for mental disorders. Sets forth coverage scope, including that there be no limits on the amount, scope, or duration of items number one, two, and three in the preceding sentence. Sets forth exceptions. Sets forth limitations on deductibles, copayments and coinsurance, and out-of-pocket expenses. Defines a catastrophic benefits package. Provides for the determination of target actuarial values for standard and catastrophic coverage. (Sec. 1103) Directs the Secretary to request NAIC to develop model regulations that specify standards with respect to requirements: (1) that insurers make available health plans; (2) of guaranteed availability of health plans to small employers; (3) relating to limits on premiums and certain consumer protections; (4) relating to limitation of annual premium increases; and (5) for standard and catastrophic coverage. Requires the Secretary to review such standards and, if NAIC fails to specify standards meeting such requirements, to promulgate standards. Sets forth provisions regarding: (1) the application of health plan standards and consumer protection standards by the States; (2) the Federal role; and (3) consumer protection standards. (Sec. 1104) Sets forth provisions: (1) regarding limits on premiums and annual premium increases; and (2) requiring an insurer, at the time of offering a health insurance plan to a small employer, to fully disclose rating practices for health insurance plans, including rating practices for different populations and benefit designs. (Sec. 1106) Directs the Secretary to: (1) request NAIC to develop models for reinsurance or allocation of risk mechanisms for health insurance plans made available to small employers for whom an insurer is at risk of incurring high costs under the plan; and (2) review such models or specify models. Sets forth provisions regarding implementation of reinsurance or allocation of risk mechanisms by the States and the Federal role. (Sec. 1108) Directs the Secretary to establish an Office of Private Health Care Coverage. Requires the Office Director to submit to the Congress annual reports evaluating health care coverage reform. (Sec. 1109) Authorizes the Director to conduct: (1) research on the impact of this subtitle on the availability of affordable health coverage for employees and dependents in the small employers group health care coverage market and other specified topics; and (2) demonstration projects relating to such topics. Requires the Director to develop: (1) methods for measuring the relative health risks of eligible individuals in terms of the expected costs of providing benefits under health insurance plans and, in particular, health plans; (2) a model for equitably distributing health risks among insurers in the small employer health care coverage market. Authorizes appropriations. Subtitle C: Preemption - Prohibits: (1) State benefit mandates for group health plans; and (2) State or local law prohibitions against two or more employers obtaining coverage under an insured multiple employer health plan. (Sec. 1203) Preempts State restrictions concerning: (1) reimbursement rates or selective contracting; (2) differential financial incentives; and (3) utilization review methods. Directs the Comptroller General to conduct a study of the benefits and cost effectiveness of the use of managed care in the delivery of health services. (Sec. 1211) Amends the Employee Retirement Income Security Act of 1974 (ERISA) to allow a limited exemption under preemption rules for multiple employer plans providing health benefits subject to certain Federal standards. Relieves exempted multiple employer plans providing medical care benefits of certain restrictions on preemption of State law. Treats such plans as employee welfare benefit plans. Allows commencement of new arrangements only if such exemption is in effect or an application is pending and the Secretary of Labor determines that provisional protection is appropriate. Sets forth exemption procedures, eligibility requirements, and additional requirements applicable to exempted arrangements. Requires certain disclosures to participating employers, maintenance of reserves, and corrective actions. Provides for expiration, suspension, and revocation of exemptions, and for review of actions by the Secretary. (Sec. 1213) Revises provisions relating to scope of preemption rules, and to treatment of single employer arrangements and of certain collectively bargained arrangements. (Sec. 1215) Establishes special rules for employee leasing healthcare arrangements. Treats such arrangements as multiple employer welfare arrangements except when they are multiple employer health plans. (Sec. 1216) Sets forth enforcement provisions relating to multiple employer welfare arrangements and employee leasing health care arrangements. (Sec. 1217) Sets forth filing requirements for multiple employer welfare arrangements. (Sec. 1218) Provides for cooperation between Federal and State authorities in enforcing ERISA requirements for multiple employer welfare arrangements with the limited exemption. (Sec. 1221) Amends the Internal Revenue Code to eliminate the commonality of interest or geographic location requirement for tax exempt trust status for multiple employer health plans and insured multiple employer health plans if they meet certain requirements under ERISA and this Act. (Sec. 1231) Amends ERISA to direct the Secretary of Labor to prescribe an alternative method providing for a single annual report with respect to all employers who are covered under the same insured multiple employer health plan. (Sec. 1241) Provides for compliance with applicable coverage requirements through multiemployer plans and other multiple employer health arrangements. Subtitle D: Health Deduction Fairness - Amends the Internal Revenue Code to provide for a permanent extension and increase in the health insurance tax deduction for self-employed individuals. Title II: Preventing Fraud and Abuse - Subtitle A: Establishment of All-Payer Health Care Fraud and Abuse Control Program - Directs the Attorney General to establish a program to: (1) coordinate Federal, State, and local law enforcement programs to control health care fraud and abuse; (2) conduct investigations, audits, and inspections relating to the delivery of payment for health care; and (3) facilitate enforcement of provisions of the Social Security and other Acts applicable to health care fraud and abuse. Authorizes additional appropriations as necessary. (Sec. 2003) Establishes the Anti-Fraud and Abuse Trust Fund. Subtitle B: Revisions to Current Sanctions for Fraud and Abuse - Excludes from participation in Medicare and State health care programs any individual or entity convicted of: (1) fraud in connection the delivery of a health care item or service; or (2) a felony related to a controlled substance. (Sec. 2103) Subjects to a civil monetary penalty any individual or entity offering inducements to individuals to receive any service or supply from a particular provider. (Sec. 2104) Permits the imposition of intermediate sanctions in addition to the current option of termination, for Medicare health maintenance organizations. Subtitle C: Administrative and Miscellaneous Provisions - Directs the Secretary to establish a national health care fraud and abuse data collection program for the reporting of final adverse actions against health care providers, suppliers, or practitioners. Requires each government agency and health care plan to report to the Secretary any final adverse action taken against a health care provider, supplier, or practitioner. Subtitle D: Amendments to Criminal Law - Establishes a penalty of up to five years' imprisonment for knowingly: (1) defrauding any health care plan; or (2) fraudulently obtaining money or property in connection with the delivery of health care items, benefits, or services. Permits a payment of up to $10,000 to any person furnishing information relating to any such crime. Title III: Malpractice Reform - Subtitle A: Findings; Purpose; Definitions - Sets forth, for this title, findings, purposes, and definitions. Subtitle B: Uniform Standards for Malpractice Claims - Makes this subtitle applicable to any medical malpractice liability action brought in a Federal or State court and to any medical malpractice claim subject to an alternative dispute resolution system. (Sec. 3102) Prohibits bringing a medical malpractice liability action in either a State or Federal court unless there has been an initial resolution of the action under an alternative dispute resolution system. Directs the Attorney General to establish an alternative dispute resolution process for medical malpractice liability claims brought against the United States. (Sec. 3104) Sets limits on both noneconomic damages and punitive damages. (Sec. 3105) Provides for the periodic payment of future losses. (Sec. 3106) Limits attorney's fees. (Sec. 3108) Sets forth special provisions for certain obstetric services. Subtitle C: Requirements for State Alternative Dispute Resolution System (ADR) -Requires a State's alternative dispute resolution system, among other things to: (1) apply to all medical malpractice liability claims within the jurisdiction of the State's courts; (2) issue a written opinion resolving the dispute within six months of a defendant receiving notice; (3) qualify individuals who hear and resolve claims under the system; and (4) notify the appropriate State agency if there is a finding of malpractice, unless the provider contests the ADR decision. (Sec. 3202) Directs the Secretary to establish an Alternative Dispute Resolution Advisory Board in order to advise the Secretary regarding the establishment of State and Federal ADR systems. Provides for the certification of State ADR systems by the Board. Title IV: Paperwork Reduction and Administrative Simplification - Preempts State quill pen laws. (Sec. 4102) Provides for the confidentiality of electronic health care information. (Sec. 4003) Directs the Secretary to establish national goals for the health care industry concerning: (1) standardization for the electronic receipt and transmission of health plan information; (2) use of uniform health claims forms and identification numbers; (3) priority of insurers when benefits are payable under two or more health plans; and (4) availability of information among health plans when benefits are payable under two more plans. Requires the Secretary to promulgate requirements if the industry does not meet the goals. Provides for monetary penalties on any health plan that does not meet the Secretary's requirements. Title V: Expanding Access/Preventive Care - Subtitle A: Expanding Access Through Community Health Authorities - Amends title XIX (Medicaid) of the Social Security Act to direct the Secretary to operate a program under which States establish projects to demonstrate the effectiveness of various innovative health care delivery approaches through the operation of community health authorities. Requires a community health authority to be a nonprofit entity that: (1) serves a geographic area that includes those designated by the Public Health Service Act as medically underserved or as being in a health professions shortage area; (2) enrolls the Medicaid eligible; and (3) provides for the provision of at least preventive services, primary care services, inpatient and outpatient hospital services, and other services. (Sec. 5002) Authorizes the Secretary to make grants to migrant and community health centers for the development of health service networks to serve high impact areas, medically underserved areas, or medically underserved populations. Authorizes appropriations through FY 1999. Subtitle B: Expansion of Public Health Programs on Preventive Health - Authorizes appropriations, under the Public Health Service Act, for the following: (1) immunizations against vaccine-preventable diseases; (2) prevention, control, and elimination of tuberculosis; (3) lead poisoning prevention; (4) preventive health measures with respect to breast and cervical cancers; (5) the Office of Minority Health Disease Prevention and Health Promotion; and (6) the Office of Minority Health; and (7) the preventive health and health services block grant. Title VI: Antitrust Provisions - Directs the Attorney General to: (1) provide for the development and publication of explicit guidelines on the application of antitrust laws to the activities of health plans; and (2) establish a review process under which the administrator or sponsor of a health plan may submit a request to the Attorney General to obtain a prompt opinion from the Department of Justice on the plan's conformity with Federal antitrust laws. (Sec. 6002) Authorizes the issuance of a certificate of public advantage by the Attorney General to each eligible health care collaborative activity if there is a finding that the benefits that are likely to result from carrying out the activity outweigh any reduction in competition that is likely to result and such reduction is reasonably necessary. Title VII: Prefunding Government Health Benefits for Certain Annuitants - Requires certain executive branch agencies to prefund government health benefits contributors for their annuitants.
United States · United States Congress · 3 March 1994
TABLE OF CONTENTS: Title I: Establishment of a State-Based American Health Security Program; Universal Entitlement; Enrollment Title II: Comprehensive Benefits, Including Preventive Benefits and Benefits for Long Term Care Title III: Provider Participation Title IV: Administration Subtitle A: General Administrative Provisions Subtitle B: Control Over Fraud and Abuse Title V: Quality Assessment Title VI: National Health Security Budget; Payments; Cost Containment Measures Subtitle A: Budgeting and Payments to States Subtitle B: Payments by States to Providers Subtitle C: Mandatory Assignment and Administrative Provisions Title VII: Promotion of Primary Health Care; Development of Health Service Capacity; Programs to Assist the Medically Underserved Subtitle A: Promotion and Expansion of Primary Care Professional Training Subtitle B: Direct Health Care Delivery Subtitle C: Primary Care and Outcomes Research Subtitle D: School-Related Health Services Title VIII: Financing Provisions; American Health Security Trust Fund Subtitle A: American Health Security Trust Fund Subtitle B: Taxes Based on Income and Wages Subtitle C: Increase in Excise Taxes on Tobacco Products Subtitle D: Increase in Taxes on Firearms and Ammunition Title IX: Conforming Amendments to the Employee Retirement Income Security Act of 1974 American Health Security Act of 1994 - Title I: Establishment of a State-Based American Health Security Program; Universal Entitlement; Enrollment - Establishes in the United States an American Health Security Program (AHSP) to be administered by the States (including the District of Columbia and, if they so choose, U.S. territories) in accordance with Federal standards established under this Act. Requires a State to establish a State health security program (program) in accordance with this Act to receive Federal health care funding. (Sec. 102) Entitles every individual who is a resident of the United States and is a U.S. citizen or national or a lawful resident alien to benefits for health care services under this Act under the appropriate State program. Sets forth provisions regarding the treatment of nonimmigrants and other individuals. (Sec. 103) Requires each State program to: (1) provide a mechanism for the enrollment of individuals entitled or eligible for benefits (which includes a process for the automatic enrollment of individuals at the time of birth, immigration, or other acquisition of lawful resident status in the United States and provides for the enrollment of all individuals who are eligible to be enrolled as of January 1, 1995); and (2) issue a health security card to enrolled individuals. (Sec. 104) Makes benefits portable when enrollees move or travel between States. Prohibits imposition of a minimum residence or waiting period in excess of three months for program benefit eligibility. Allows reciprocal arrangements between programs in adjacent States for coverage for enrollees residing in the border region. (Sec. 105) Makes benefits available under this Act for items and services furnished on or after January 1, 1996. (Sec. 106) Supersedes Medicare, Medicaid, the Federal Employee Health Benefits Program, and CHAMPUS, which must pay for completion of services they covered before January 1, 1996. Specifies that nothing in this Act affects the eligibility of veterans for Veterans Administration health benefits and services, or of Indians for benefits and services of the Indian Health Service. Title II: Comprehensive Benefits, Including Preventive Benefits and Benefits for Long Term Care - Entitles all eligible individuals to have payment made (if medically necessary and appropriate for the maintenance of health or for the diagnosis, treatment, or rehabilitation of a health condition) for inpatient and outpatient hospital services, professional services of State-authorized practitioners, community-based primary health services, preventive services, long-term and chronic care services, prescription drugs, biologicals, insulin, and medical foods, dental services, mental health services, substance abuse treatment services, diagnostic tests, and other specified items and services, including outpatient therapy, durable medical equipment, home dialysis, ambulance, prosthetic devices, and other items and services specified by the American Health Security Standards Board (Board) (established by title IV of this Act). Specifies that: (1) no deductibles, coinsurance, or copayments may be charged for acute care benefits; (2) no provider may charge a patient for covered services; (3) no private insurance may duplicate program benefits; and (4) States and employers may provide additional benefits at their own expense. (Sec. 203) Covers home and community-based long-term care services for persons unable to perform at least two of five listed activities of daily living without assistance. Limits the cost of such services to 65 percent (or an alternative percentage determined by the Board) of the cost of nursing home care for an individual in the same area in which the services were provided. (Sec. 204) Makes mental health, substance abuse, nursing facility, and home health services subject to utilization review. Directs the Board to make national determinations on coverage of experimental services, with professional and public input. Specifies that where the Board has recognized practice guidelines, coverage is limited to services provided according to the guidelines or any established exception process. Allows the Board to limit quantities of eyeglasses, contact lenses, hearing aids, and durable medical equipment that will be covered. Excludes from coverage cosmetic procedures, personal comfort items, and services furnished in non-participating facilities. (Sec. 205) Specifies that: (1) States may require providers to certify that covered services were provided according to program requirements; (2) quality review programs must meet Federal standards; and (3) States may require plans of care for coverage of certain services. Title III: Provider Participation - Requires providers, to receive payment, to agree: (1) not to discriminate based on race, national origin, income, religion, age, sex or sexual orientation, disability, handicapping condition, or (subject to the professional qualifications of the provider) illness; (2) not to charge patients for covered services; (3) to furnish necessary information to the Board or program; (4) not to employ other providers whose participation has been terminated for cause; and (5) to submit bills within a specified time frame. (Sec. 302) Considers a health care provider to be qualified if it is licensed or certified and meets State law requirements, applicable Federal requirements, and additional standards that the Board may specify. Requires: (1) the Board to establish, evaluate, and update national minimum standards to assure the quality of services provided and to monitor efforts by programs to assure such quality; (2) a reasonable transition period for any new standards; and (3) the Board to provide for an exchange of information among programs with respect to quality assurance and cost containment. (Sec. 303) Defines a "comprehensive health service organization" (CHSO) as a public or private organization which, in return for a capitated payment amount, furnishes or arranges a full range of health services and out-of-area coverage in the case of urgently needed services to an identified population in a specified service area which enrolls voluntarily in the organization. Sets forth various CHSO requirements regarding enrollment, withdrawal for cause, accessibility of services, continuity of care, consumer and provider representation on the board of directors, a patient grievance program, medical standards committees, premiums, utilization and bonus information, provision of services to enrollees at institutions operating under global budgets, marketing of services, and provision of emergency services to nonenrollees. (Sec. 304) Extends current Medicare prohibitions on physician self-referrals for clinical laboratory services to other services and applies such prohibitions to AHSP. Title IV: Administration - Subtitle A: General Administrative Provisions - Establishes the American Health Security Standards Board to develop policies and procedures for enrollment, benefits, provider participation, national and State funding levels, assisting programs with planning for capital expenditures and service delivery, and other functions and to establish uniform reporting standards for health services and programs. Authorizes the Board to make statistical and other studies, test alternative payment methods, and develop and test information and budget systems. Provides for the appointment of an Executive Director of the Board and an Inspector General. (Sec. 402) Directs the Board to provide for an American Health Security Advisory Council to advise the Board on matters of general policy, in the formulation of regulations, and in the performance of the Board's duties and to study the operation of, and utilization of health services under, this Act. (Sec. 403) Directs the Board to appoint advisory committees on benefits, cost containment, primary care and the medically underserved, mental health and substance abuse treatment, and prescription drugs. Authorizes the Board to appoint other temporary advisory committees. (Sec. 404) Establishes an American Health Security Quality Council which shall be responsible for quality review activities (under title V). Directs the Quality Council to report to the Board annually on activities and findings from outcomes research and development of practice guidelines that may affect the Board's determination of coverage of services. (Sec. 405) Requires: (1) each State to submit to the Board a plan for a program for providing health care services to residents of the State (but allows neighboring States to join in regional plans); (2) the Board to provide incentives for States to develop regional planning mechanisms to promote the rational distribution of, adequate access to, and efficient use of, tertiary care facilities, equipment, and services; (3) State programs to meet Federal standards, including single-agency administration, a State health security budget, provider payment and quality review methodologies consistent with Federal standards, freedom to choose providers, a consumer ombudsman, an annual report, and a fraud and abuse prevention and control unit; and (4) the Governor of each State to provide for appointment of a State Health Security Advisory Council to advise and make recommendations to the Governor and State regarding program implementation. Allows: (1) programs not meeting Federal requirements, after notice, to be placed in receivership under the Board's jurisdiction; and (2) States to use fiscal agents, after competitive bidding, to process claims. (Sec. 406) Requires the Secretary of Health and Human Services (Secretary) to direct all activities of the Department of Health and Human Services toward contributions to health of the people in a manner complementary to this Act. Subtitle B: Control Over Fraud and Abuse - Authorizes the Board to exclude providers from participation, impose civil monetary penalties, and seek criminal prosecution for fraud or abuse, based on current Medicaid standards. Requires providers to disclose relevant information about their ownership interest in health facilities and services, based on current Medicaid standards. (Sec. 412) Requires the Board: (1) through the Inspector General, to establish a national health care fraud and abuse data base, including the identity of any provider who has been convicted, had a license revoked, has been excluded or suspended from participation, or has been subjected to a civil penalty with respect to a State program, Medicare, Medicaid, or any other federally funded health program; and (2) to establish rules to protect the confidentiality of information in the data base. Requires States to provide relevant information for this purpose and to periodically inquire of the data base to determine provider qualifications to participate in programs. Sets penalties for submitting false information. (Sec. 413) Requires each program to establish and maintain a health care fraud and abuse unit. (Sec. 414) Directs the Board to provide for the assignment of a unique identifier to each participating provider and to each individual eligible for services, which shall be used for claims and payment. Title V: Quality Assessment - Directs the Quality Council to: (1) collect data from outcomes research on an ongoing basis and develop practice guidelines on the basis of such data and existing clinical knowledge; (2) adopt methodologies for profiling the patterns of practice of health care professionals and for identifying outliers (i.e., health care providers whose patterns of practice suggest quality deficiencies); (3) develop standards for the development of centers of excellence for designated procedures and for education of and sanctions for outliers; and (4) disseminate all quality guidelines and standards to the States for implementation. (Sec. 502) Requires each participating State to establish an entity to conduct quality reviews of persons providing covered services under its program which meet Federal standards for the adoption of practice guidelines, identification of outliers, development of remedial programs and monitoring for outliers, and the application of sanctions. Allows the State to adopt alternative methodologies to those adopted by the Quality Council provided that the State can demonstrate that the efficacy of such review and education programs meets Federal standards. Mandates that the quality review entity be administratively independent of the individual or board that administers the program and not provide any financial incentive to reviewers to favor one pattern of practice over another. (Sec. 503) Expresses the intent to replace random utilization controls with a systematic review of patterns of practice that compromise the quality of care by January 1, 1998. Supersedes all existing Federal utilization review programs, including random case-by-case reviews and programs requiring pre-certification of medical procedures on a case-by-case basis, with exceptions. Specifies that nothing in this section shall preclude case management of catastrophic, mental health, or substance abuse cases where necessary to achieve appropriate, cost-effective, and beneficial comprehensive medical care. (Sec. 504) Requires: (1) each State program to develop and use a uniform electronic data base which uses software designated by the Board and which assures confidentiality for all patient records to enable systematic quality review and outcomes analysis; and (2) the Board to designate such software and establish standards designed to protect the privacy of patients. Limits access by government agencies to patient records. Title VI: Health Security Budget; Payments; Cost Containment Measures - Subtitle A: Budgeting and Payments to States - Directs the Board to establish a national health security budget which specifies the total expenditures to be made by the Federal Government and the States for covered health care services, and allocates those expenditures among the States. Prohibits such budget from exceeding the budget for the preceding year increased by the percentage increase in gross domestic product. Divides the budget into quality assessment, professional education, administrative, and operating components. (Sec. 602) Provides for the allocation of funds in the budget by the Board to the States, based on the national average per capita costs of covered services adjusted for differences among the States in costs and the health status of populations. Permits the use of statistical models to estimate State capitation amounts. Sets forth State adjustment factors to reflect differences in relative needs for funds and directs that such factors be applied in a budget-neutral manner resulting in no change in total Federal expenditures from the national per capita average. (Sec. 603) Requires each program to submit to the Board a proposed and final annual budget broken into quality assessment, professional training, administrative, and operating components, with the operating component broken into facility-based services, individual practitioner payments, payments to CHSOs, and payments for other items and services. Sets forth provisions regarding proposed and final budget deadlines, adjustments in allocations, and expenditure limits. Permits programs to provide for a process for the approval of capital expenditures based on information derived from regional planning agencies. (Sec. 604) Provides for programs to receive Federal funds equal to a weighted average of 86 percent of their population-based share of the budget, which the Board may adjust between 81 and 91 percent based on State economic conditions. (Sec. 605) Requires each program to establish a separate budget account for health professional education expenditures and to distribute funds consistent with the achievement of specified national and program goals, including the receipt by the Board of reports to monitor compliance, and taking into account the potentially higher costs of placing health professional students in clinical education programs in health professional shortage areas. Subtitle B: Payments by States to Providers - Directs that: (1) payment for operating expenses for institutional and facility-based care under State programs be made directly to each institution or facility under an annual prospective global budget approved under the program; (2) such budgets take into account discharges by diagnosis-related group, prior expenditures, the extent to which debt service for capital expenditures has been included in the proposed operating budget, change in the consumer price index and other price indices, compensation, occupancy levels, past financial and clinical performance, training, technological changes, and incentives to maintain costs without reducing care; and (3) facility budgets be adjusted to reflect payments made by CHSOs. Allows programs to permit institutions and facilities to raise funds from private sources to pay for newly constructed facilities, major renovations, and equipment. (Sec. 612) Requires: (1) State programs to pay individual practitioners on a fee-for-service basis, as negotiated between States and practitioner representatives; (2) the Board to establish models for such payment and for global fee payment methodologies to encourage payment for combinations of services; and (3) practitioners to bill State programs within 30 days of providing services. Permits States to require electronic billing. (Sec. 613) Authorizes programs to pay CHSOs based on annual budgets or risk-adjusted capitation payments, reduced by the costs of covered services not provided by the CHSO. (Sec. 614) Directs that programs pay for community-based primary health services based on global budgets, basic primary care capitation amounts for enrollees, or fee-for-service, taking into account costs of serving non-covered patients, providing case management, transportation, and translation, and providing health professional education programs. (Sec. 615) Requires: (1) the Board to establish a list of approved prescription drugs based on the recommendations of the Advisory Committee on Prescription Drugs and to negotiate maximum prices with manufacturers; and (2) each program to pay for such drugs based on such maximum prices and to pay separate dispensing fees to pharmacies. (Sec. 616) Directs the Board to establish a list of approved durable medical equipment and therapeutic devices and equipment and programs to pay for such items based on maximum prices determined by the Board. (Sec. 617) Requires State programs to pay for other items and services based on methodologies to be adopted by the Board, consistent with the State health security budget. (Sec. 618) Directs the Board to establish model payment methodologies and other incentives to promote the provision of services in medically underserved areas. Permits programs to adjust payments amounts within their budgets to encourage provision of appropriate services in underserved areas. (Sec. 619) Authorizes programs to utilize alternative payment methodologies, provided that such methodologies do not affect the entitlement of individuals to coverage, the weighting of fee schedules to encourage an increase in the number of primary care providers, the ability of individuals to choose among qualified providers, the benefits covered under the Program, or compliance with the State health security budget. Requires States to report on the operation and effectiveness of alternative methodologies to enable the Board to evaluate the appropriateness of applying such methodologies to other States. Subtitle C: Mandatory Assignment and Administrative Provisions - Specifies that participating providers: (1) must accept payment from a program as full payment for covered services; and (2) may not impose additional charges on patients. Permits the Board to exclude from participation and subject to civil penalties violators of such provision. (Sec. 632) Requires programs to establish: (1) procedures for reimbursing providers within 60 days of bill submission; and (2) an appeals process to handle grievances pertaining to provider payments. Title VII: Promotion of Primary Health Care; Development of Health Service Capacity; Programs to Assist the Medically Underserved - Subtitle A: Promotion and Expansion of Primary Care Professional Training - Makes the Board responsible for: (1) coordinating health professional education policies and goals to achieve national goals; (2) overseeing program health professional education expenditures; (3) developing and maintaining a system to monitor the number and specialties of individuals through their health professional education, any postgraduate training, and professional practice; and (4) developing, coordinating, and promoting other policies that expand the number of primary care practitioners. Sets as national goals that: (1) at least 50 percent of graduate medical residencies be in primary care within five years of this Act's enactment; and (2) there be a certain number, specified by the Board, of midlevel primary care practitioners employed in the health care system as of January 1, 2000. Directs the Board to: (1) establish a method of applying such goals to program goals for each medical residency program or consortium of programs and reducing payments for residency programs failing to meet their goals; (2) advise the Public Health Service on allocations of funding under specified programs to increase the supply of midlevel primary care practitioners; and (3) commission a study of the potential benefits and disadvantages of expanding the scope of practice authorized under State laws for any class of midlevel primary care practitioners. (Sec. 702) Requires the Board to establish an Advisory Committee on Health Professional Education to advise the Board concerning graduate medical education policies under this title. (Sec. 703) Directs the Board to transfer specified revenues from the American Health Security Trust Fund (Trust Fund) for specified existing programs supporting health professional education and nursing education and for the National Health Service Corps. Subtitle B: Direct Health Care Delivery - Requires the Board to transfer specified Trust Fund revenues to the Public Health Service for: (1) maternal and child health block grants, preventive health block grants, grants to States for community mental health services and prevention and treatment of substance abuse, and grants for HIV health care services; and (2) grants to nonprofit community health centers and similar facilities. (Sec. 713) Directs the Board to make grants to primary care centers (i.e., nonprofit community health centers, migrant health centers, and other federally qualified health centers) to serve medically underserved populations in urban and rural areas. Specifies that grant funds may be used to plan, develop, and deliver primary care in such areas. Subtitle C: Primary Care and Outcomes Research - Requires the Board to transfer specified Trust Fund revenues to the Agency for Health Care Policy and Research for health outcomes research. (Sec. 722) Amends the Public Health Service Act to establish within the Office of the Director of the National Institutes of Health (NIH) an Office of Primary Care and Prevention Research to be headed by a Director who shall identify and coordinate research activities relating to primary care and prevention, including care provided by multidisciplinary teams. Authorizes appropriations. Requires the Director of NIH to establish a national data system and clearinghouse on primary care and prevention research. Subtitle D: School-Related Health Services - Authorizes appropriations through FY 2001 for this subtitle. (Sec. 734) Directs the Secretary to make grants to State health agencies or to local community partnerships to develop and operate school health service sites. Requires preference in making grants to be given to those communities showing the most substantial level of need. Title VIII: Financing Provisions; American Health Security Trust Fund - Subtitle A: American Health Security Trust Fund - Amends the Internal Revenue Code to create the American Health Security Trust Fund. Appropriates to the trust fund the increase in tax liabilities attributable to the application of amendments made by this title and receipts from the following programs: Medicare, Medicaid, Federal employees' health benefits program, and the CHAMPUS program, Maternal and Child Health program (under title V of the Social Security Act), vocational rehabilitation programs, drug abuse and mental health services programs under the Public Health Service Act, programs providing general hospital or medical assistance, and certain other Federal programs. Transfers to such trust fund amounts in the Federal Hospital Insurance Trust Fund and the Federal Supplementary Medical Insurance Trust Fund. Subtitle B: Taxes Based on Income and Wages - Creates a health care excise tax on every employer with respect to each employee equal to the following percentages of wages paid: (1) four percent for each small employer; and (2) 8.4 percent for other employers. Defines a small employer as one who: (1) employs less than 75 full-time employees; and (2) pays less than $24,000 in average annual wages. Imposes the tax on the self-employed, railroad employers, and railroad employee representatives. Imposes an individual health care income tax equal to 2.1 percent of taxable income. Prohibits credits against the tax and any effect on the minimum tax in relation to the individual health care income tax. Subtitle C: Increase in Excise Taxes on Tobacco Products - Increases the excise taxes on tobacco products. Subtitle D: Increase in Taxes on Firearms and Ammunition - Imposes a tax upon the sale by the manufacturer or importer of any pistol, revolver, firearm, shell, or cartridge equal to 50 percent of its price. Title IX: Conforming Amendments to the Employee Retirement Income Security Act of 1974 - Makes ERISA inapplicable to health coverage arrangements under State health security programs. Exempts State health security programs from ERISA preemption. Prohibits employee benefits duplicating State health security program benefits. Repeals continuation coverage requirements under ERISA.
United States · United States Congress · 3 March 1994
TABLE OF CONTENTS: Title I: Committee on Agriculture Subtitle A: Administration Subtitle B: Commodity programs Subtitle C: Crop Insurance and Disaster Relief Subtitle D: Food Stamps Subtitle E: Agricultural Trade Subtitle F: Conservation Title II: Committee on Armed Services Subtitle A: General Program Reductions Subtitle B: National Defense Stockpile Title III: Committee on Banking, Finance and Urban Affairs Title IV: Committee on Education and Labor Title V: Committee on Energy and Commerce Title VI: Committee on Foreign Affairs Title VII: Committee on Government Operations Title VIII: Committee on the Judiciary Title IX: Committee on Merchant Marine and Fisheries Title X: Committee on Natural Resources Title XI: Committee on Post Office and Civil Service Title XII: Committee on Public Works and Transportation Title XIII: Committee on Science, Space, and Technology Title XIV: Committee on Small Business Title XV: Committee on Veterans' Affairs Title XVI: Committee on Way and Means Title XVII: Multiple Committee Jurisdiction Subtitle A: Benefits for Illegal Aliens Subtitle B: Economic Development Administration Sunset Subtitle C: Reductions in Spending Under Medicare Subtitle D: Economic Development and Disaster Assistance Subtitle E: International Trade Administration Assistance Subtitle F: Agricultural Export Bonus Program Title XVIII: Unfunded mandates Subtitle A: General Limitations Subtitle B: Commission on Unfunded Federal Mandates Subtitle C: State Mandate Estimates Title XIX: Legislative Branch Provisions Title XX: Enforcement Fiscal Responsibility Act of 1994 - Title I: Committee on Agriculture - Subtitle A: Administration - Consolidates the Agricultural Research Service, the Cooperative State Research Service, and the Extension Service of the Department of Agriculture. (Sec. 102) Reduces the number of specified farm agencies field offices. Subtitle B: Commodity Programs - Amends the Agricultural Act of 1949 to repeal nonrecourse loan authority for rice, cotton, feed grains, wheat, oilseeds, sugar, and other nonbasic commodities. (Sec. 112) Reduces target prices for wheat, feed grains, upland cotton, and rice (basic commodities). (Sec. 113) Eliminates the 0/85 and 50/85 conservation use programs. (Sec. 114) Reduces basic commodities payment acres. (Sec. 115) Eliminates the tobacco price support and marketing quota programs. (Sec. 116) Eliminates the peanut price support program. (Sec. 117) Eliminates the cotton price support and related programs. (Sec. 118) Eliminates the price support and related programs. Subtitle C: Crop Insurance and Disaster Relief - Repeals the Federal Crop Insurance Act. Directs the Secretary of Agriculture to implement an annual emergency crop loss assistance program. Authorizes appropriations. Subtitle D: Food Stamps - Amends the Food Stamp Act of 1977 to reduce State administrative reimbursement amounts. Subtitle E: Agricultural Trade - Discontinues the Foreign Agricultural Service's cooperator market development program. (Sec. 142) Amends the Agricultural Trade Act of 1978 to eliminate the export enhancement program. (Sec. 143) Reduces funding levels for short-term export credit guarantees. (Sec. 144) Eliminates the market promotion program. Subtitle F: Conservation - Amends the Food Security Act of 1985 to eliminate the conservation reserve program. Title II: Committee on Armed Services - Subtitle A: General Program Reductions - Directs the Secretary of Defense to prohibit the obligation of funds appropriated for a fiscal year after FY 1994 for procurement of the Trident II missile, except for necessary contract termination costs. (Sec. 202) Directs the Secretary of the Navy, by the end of FY 1995, to end the use of double crews on ballistic missile submarines and to reduce the operating tempo of such submarines so that only about one-third are at sea at any one time, with an exception for national security reasons. (Sec. 203) Requires: (1) an FY 1995 five percent reduction in the amount spent by the Government on intelligence activities; (2) cancellation of the Air Force Follow-on Early Warning System; (3) by the end of FY 1997 a reduction to no more than 100 cruisers, destroyers, and frigates in the active forces of the Navy; (4) a reduction in the rate of procurement of DDG-51 destroyers; (5) cancellation of construction of any new TAGOS-23 vessels and MHC mine-hunting vessels; (6) by the end of FY 1998 the elimination of four Army light divisions; (7) the cancellation of the Army tank upgrade program; (8) procurement of no more than 60 C-17 aircraft; (9) during FY 1995 a ten percent reduction in the amounts spent by the Department of Defense (DOD) for independent research and development; (10) the cancellation of the National Aerospace Plane program; (11) the termination of funding for SEMATECH; (12) the Secretaries of the military departments to utilize temporary early retirement authority for personnel within their departments; (13) by the end of FY 1998 a reduction in the number of officer personnel; (14) a reduction in drills for noncombat reserve units; and (15) a denial of unemployment benefits to individuals who voluntarily leave military service. (Sec. 219) Directs the Secretary to: (1) reduce the DOD civilian work force to 813,000 by the end of FY 1997; (2) downsize the amount expended on recruiting by 13 percent by the end of FY 1995; (3) reduce the number of DOD civilian personnel performing support functions at military installations; and (4) implement a one-year tour of duty for personnel assigned to duty in Europe (with exceptions) by the end of FY 1996. (Sec. 223) Directs the President to negotiate with Italy, Germany, the United Kingdom, and the Republic of Korea toward a greater assumption of (not less than 75 percent of annual costs) of the costs of stationing U.S. troops there. (Sec. 224) Directs the Secretary of Energy to sell the naval petroleum reserves. Subtitle B: National Defense Stockpile - Amends the National Defense Authorization Act for Fiscal Year 1994 and the National Defense Authorization Act for Fiscal Year 1993 to require (current law authorizes) the disposal of obsolete and excess materials in the National Defense Stockpile (NDS). Requires all proceeds from the sale of NDS materials to be placed in the Treasury and used to reduce the Federal deficit. Title III: Committee on Banking, Finance and Urban Affairs - Amends the Housing and Community Development Act of 1974 to eliminate the community development block grant program. (Sec. 302) Amends specified housing Acts to increase family rental contributions. (Sec. 303) Amends the United States Housing Act of 1937 to freeze public housing and section 8 Federal rental assistance levels at FY 1994 levels. (Sec. 304) Prohibits the Secretary of Housing and Urban Development from entering into new assistance agreements for construction of (non-Indian) public housing, housing for the elderly, and housing for persons with disabilities. Increases voucher authority and set-asides for housing for the elderly and persons with disabilities. (Sec. 305) Prohibits the Secretary from making special purpose grants. (Sec. 308) Amends the National Housing Act to terminate the Government National Mortgage Association. (Sec. 313) Repeals the Low-Income Housing Preservation and Resident Homeownership Act of 1990. (Sec. 315) Prohibits the Secretary from making or insuring any new rural rental housing loans under the Housing Act of 1949. (Sec. 316) Limits annual rural housing loan or loan guarantee amounts under such Act. (Sec. 317) Prohibits U.S. assistance to the International Development Association through FY 1999. (Sec. 318) Amends the Export-Import Bank Act of 1945 to authorize specified appropriations through FY 1999 for the Export-Import Bank of the United States. Title IV: Committee on Education and Labor - Repeals special programs for State assistance for vocational education support programs by community-based organizations and for consumer and homemaking education under the Carl D. Perkins Vocational and Applied Technology Act. (Sec. 402) Repeals the program of grants to States for public library construction and technology enhancement under the Library Services and Construction Act. Repeals the Follow Through Act and its Follow Through program. Repeals the law-related education program under the Elementary and Secondary Act of 1965 (ESEA). Repeals the law school clinical experience program under the Higher Education Act of 1965 (HEA). (Sec. 403) Repeals the State student incentive grant program under HEA. (Sec. 404) Repeals certain ESEA mathematics and science education programs (also known as the Dwight D. Eisenhower Mathematics and Science Education Act). (Sec. 405) Repeals the following campus-based student financial assistance programs under HEA: (1) supplemental educational opportunity grants; (2) work-study; and (3) Perkins direct loans. (Declares that the purpose is to permit one-half of the savings from terminating such programs to increase the amount available for the Pell grant program.) (Sec. 406) Repeals the Older Americans Community Service Employment Program under the Older Americans Act of 1965. (Sec. 407) Amends the National School Lunch Act to prohibit cash and commodity assistance for paid lunches for children in high income families. Increases assistance for reduced price lunches for children in lower-middle income families. Decreases assistance for meals or supplements for children in middle and high income families under the family or group day care home meal program. (Sec. 408) Repeals the Davis-Bacon Act (an Act which requires that the locally prevailing wage rate be paid to various classes of laborers and mechanics working under federally-financed or federally-assisted contracts for construction, alteration, and repair of public buildings or public works). (Sec. 409) Repeals the Service Contract Act of 1965. (Sec. 410) Amends the National Foundation on the Arts and the Humanities Act of 1965 to modify certain limitations on the use of Federal funds. Extends (sometimes in decreased amounts) the authorizations of appropriations for: (1) program grants by the National Endowment for the Arts (NEA) and the National Endowment for the Humanities (NEH); (2) funds to match non-Federal funds received by NEA and NEH; and (3) administration of NEA and NEH programs. Limits total appropriations authorized under such Act. Directs the Chairperson of the NEA to investigate and report to specified congressional officials on State compliance with the requirement that grants to States under such Act not be used to supplant non-Federal funds. Title V: Committee on Energy and Commerce - Amends title XIX (Medicaid) of the Social Security Act (SSA) to reduce to 45 percent the matching rate for administrative costs under the Medicaid program. (Sec. 502) Provides for the general termination of the Clean Coal Technology program. (Sec. 503) Amends the Public Health Service Act (PHSA) to: (1) provide for a reduced research budget for the National Institutes of Health; and (2) establish an authorization at unspecified levels through FY 1997 for programs for minority and disadvantaged students as exclusive PHSA title VII programs. (Sec. 504) Amends the International Travel Act of 1961 to abolish the U.S. Travel and Tourism Administration. (Sec. 505) Amends the Rail Passenger Service Act to authorize reduced appropriations for the National Railroad Passenger Corporation. Title VI: Committee on Foreign Affairs - Prohibits the aggregate amount of U.S. contributions to the United Nations and its agencies for calendar years after 1986 from exceeding an amount which bears the same ratio to the total budget of the United Nations as the total U.S. population bears to the total population of United Nations members. (Sec. 602) Repeals title I (trade and development assistance) and III (food for development program) of the Agricultural Trade Development and Assistance Act of 1954. (Sec. 603) Reduces outlays for the following programs incrementally for FY 1995 through 1999 such that FY 1999 outlays for: (1) the foreign military financing program are at least 20 percent less than those for FY 1994; and (2) the Economic Support Fund are 50 percent less than those for FY 1994. (Sec. 605) Requires the President, at the beginning of each fiscal year, to deobligate and return to the Treasury any foreign economic assistance funds that, as of the end of the preceding fiscal year, have been obligated for more than three years but have not been expended. Makes exceptions for funds for winding up program expenses. Waives such requirement in any case that the President reports to the appropriate congressional committees that the funds: (1) are being used for a construction project that requires more than three years to complete; or (2) have not been expended because of unforeseen circumstances. Title VII: Committee on Government Operations - Authorizes the Secretary of the Treasury to enter contracts to procure services for locating Federal amounts in dormant accounts in financial institutions. (Sec. 702) Limits the amount of Federal grant or contract funds for research and development (R and D) which an institution of higher education may use toward the indirect costs incurred. (Sec. 703) Provides for the sale of surplus Government-owned aircraft and motor vehicles. Places restrictions on the acquisition of aircraft and motor vehicles by the heads of covered Federal agencies. (Sec. 704) Limits the amounts that may be expended for specified overhead expenses by entities of the executive and judicial branches (except the Department of Defense and the U.S. Postal Service) through FY 1999. Title VIII: Committee on the Judiciary - Prohibits authorization of appropriations for the Legal Services Corporation. (Sec. 802) Amends the Omnibus Crime Control and Safe Streets Act of 1968 to lower the Federal share of funds for grants to States for criminal child support enforcement. Title IX: Committee on Merchant Marine and Fisheries - Requires the Secretary of Commerce to dispose of all ownership interest of the United States in the National Oceanic and Atmospheric Administration (NOAA) fleet, not acquire any new ownership interests, and obtain any new vessels for NOAA only through private sources. Terminates authority to make any new grants or contracts under the Coastal Zone Management Act of 1972 and National Sea Grant College Program Act. Title X: Committee on Natural Resources - Places a five year moratorium on the use of appropriated funds for new land acquisition by or for the Forest Service, National Park Service, U.S. Fish and Wildlife Service, or Bureau of Land Management, except acquisitions determined by the President to be vital to national security interests. (Sec. 1002) Repeals the Helium Act and provides for the sale of Federal property held in connection with that Act which is not required for other Federal purposes, as well as the sale of unneeded helium reserves held by the United States, with all funds received to be used to reduce the Federal debt. Title XI: Committee on Post Office and Civil Service - Amends Federal law to: (1) repeal provisions allowing the unlimited accumulation of annual leave by members of the Senior Executive Service; and (2) eliminate administratively uncontrollable overtime for supervisory law enforcement officers. (Sec. 1103) Requires the General Accounting Office to study and report to the Congress and the President on how increased agency flexibility in the appointment and separation of employees can be expected to result in higher levels of efficiency and productivity. Provides for limits on personnel costs in annual executive agency budgets over a six-year period. (Sec. 1104) Revises Civil Service and Federal Employees' Retirement System provisions relating to the: (1) maximum annuity allowable pursuant to cost-of-living adjustments (COLAs); and (2) accrual rate applicable for purposes of computing an annuity. (Sec. 1105) Sets limitations on COLA increases under Government retirement systems for FY 1995 through 1999. Amends the Omnibus Budget Reconciliation Act of 1993 and armed forces provisions to eliminate the delay in COLAs for Federal civilian and military retirees. Title XII: Committee on Public Works and Transportation - Prohibits the expenditure of Federal funds to construct, erect, or modify highway signs using metric system measurements (except in Puerto Rico) unless the Congress specifically authorizes such expenditure. (Sec. 1202) Amends the Federal Transit Act to decrease to or set at 50 percent the Federal share of costs for: (1) specified mass transit projects; (2) training of personnel in the transportation field; (3) establishment of university transportation centers and university research institutes; (4) acquisition of transportation equipment required by the Clean Air Act or the American with Disabilities Act of 1990; (5) nonurban transportation projects; (6) management oversight of transportation construction projects; (7) bicycle facilities; (8) a suspended light rail sytsem technology pilot project; and (9) establishment of a national transit institute. Eliminates grants for operating assistance for certain urban mass transit projects. Repeals Federal transportation assistance for: (1) mass transit projects to meet the needs of elderly persons and persons with disabilities; and (2) emergency operating expenses of the Consolidates Rail Corporation (CONRAIL), the National Railroad Passenger Corporation (AMTRAK), and other railroads. Eliminates Federal assistance for: (1) local transportation service in nonurban areas; and (2) user-side subsidies for intercity bus transportation. Eliminates the Federal share and the system vendor's share of operating costs for any deficit in the suspended light rail system technology pilot project. (Sec. 1203) Renders ineffective after FY 1994 the application to motor carriers of certain Federal transportation law and regulations. (Sec. 1204) Amends Federal law to terminate, as of October 1, 1995, the Interstate Commerce Commission (ICC) as an independent executive agency of the U.S. Government. Transfers, according to a plan developed by the Secretary of Transportation and submitted to the Congress, all duties and functions of the ICC to other Federal agencies. (Sec. 1205) Amends the Intermodal Surface Transportation Efficiency Act of 1991 to repeal the authorization of appropriations for FY 1995 through 1997 for: (1) certain highway demonstration projects; and (2) high cost of bridge projects. (Sec. 1206) Amends the Federal Aviation Act of 1958 to eliminate authorization of appropriations for FY 1995 through 1998 for the essential air service program. (Sec. 1207) Prohibits the Administrator of General Services through FY 1998 from obligating funds for construction or acquisition of new Federal buildings. (Sec. 1208) Directs the President to develop, and submit to the Congress, a plan for transferring all real property, facilities, and equipment of the Tennessee Valley Authority to appropriate public and private entities. (Sec. 1209) Repeals the Appalachian Regional Development Act of 1965. Terminates the Appalachian Regional Commission. (Sec. 1210) Amends the Airport and Airway Improvement Act of 1982 to limit the total amount appropriated from the Airport and Airway Trust Fund for FY 1995 through 1999 for grants for airport development and planning to no more than 75 of the amount appropriated for such grants from such fund for FY 1994. Title XIII: Committee on Science, Space, and Technology - Directs the National Aeronautics and Space Administration (NASA), with respect to its FY 1996 budget request to the Congress, to cancel one of the following programs: (1) the Advanced X-ray Astrophysics Facility; (2) the Cassini mission; or (3) the Earth Observation System. (Sec. 1302) Prohibits the Administrator of NASA from entering into any contract in furtherance of a space station program. (Sec. 1303) Makes ineligible to receive a grant from the National Institute of Standards and Technology (NIST) any individual with a taxable income over $120,000, and any corporation with a gross income in a taxable year of over $5 million. Title XIV: Committee on Small Business - Sets forth specified limits on FY 1995 through 1998 appropriations for direct and deferred participation loans under the Small Business Act and Small Business Investment Act of 1958. Terminates such credit programs as of October 1, 1998. Title XV: Committee on Veterans' Affairs - Entitles the United States to recover from a third party the reasonable cost of medical care and services provided (currently, provided before October 1, 1998) to a veteran for a non-service-connected disability for which the veteran would otherwise have been entitled to receive payment from the third party. Repeals the September 30, 1997, termination date before which the Secretary of Veterans Affairs is authorized to receive certain veteran's income verification from the Secretaries of the Treasury and Health and Human Services. (Sec. 1502) Directs the Secretary of Veterans Affairs to reduce the number of surgical and other acute care facilities of the Department of Veterans Affairs that have low rates of use or occupancy so that there are four percent fewer Department hospital beds at the end of FY 1999 as compared to the end of FY 1994. (Sec. 1503) Directs the Secretary to manage the Department's medical care system so as to achieve savings of $2.25 billion by the end of FY 1999 as compared to the end of FY 1994. Requires the Secretary to establish a prospective payment system in order to achieve such savings. (Sec. 1504) Authorizes the Secretary, during FY 1995 through 1998, to carry out a major construction project (MCP) only in a geographic area that does not contain underutilized non-Department facilities through which a contract could be entered. Requires the Secretary to revise projected expenditures for MCPs during such period in order to reduce such expenditures by ten percent. Title XVI: Committee on Ways and Means - Amends SSA title XX (Block Grants to States for Social Services) to provide for the consolidation of various specified social services programs, including the at-risk child care program under part A (Aid to Families with Dependent Children) (AFDC) of SSA title IV, into a single block grant program. (Sec. 1602) Amends SSA title IV part E (Federal Payments for Foster Care and Adoption Assistance) to limit the amount of Federal payments to States for child placement and administrative costs. (Sec. 1603) Amends SSA title XVI (Supplemental Security Income) (SSI) to provide for an unearned income exclusion under the SSI program. (Sec. 1604) Provides for reduced Federal reimbursement to States for administrative costs of State AFDC plans. (Sec. 1605) Amends SSA title II (Old Age, Survivors and Disability Insurance) (OASDI) to eliminate entitlement to child's insurance benefits of children of individuals who retire before attaining retirement age. (Sec. 1606) Requires that veterans' disability benefits be taken into account when determining reductions in social security old-age and disability benefits. (Sec. 1607) Amends the Internal Revenue Code (IRC) to establish additional requirements for the approval of State unemployment compensation laws by the Secretary of Labor. Includes among such requirements prohibitions on unemployment compensation payable to individuals with taxable incomes of over $120,000. (Sec. 1608) Terminates all general trade adjustment assistance under the Trade Act of 1974 after FY 1994, except the NAFTA Transitional Adjustment Assistance Program, which shall not terminate until the end of FY 1998 (as under current law). Title XVII: Multiple Committee Jurisdiction - Subtitle A: Benefits for Illegal Aliens - Prohibits, generally, the payment of direct Federal financial benefits, food stamps, and unemployment benefits to aliens who are not lawful permanent residents. Subtitle B: Economic Development Administration Sunset - Economic Development Administration Sunset Act - Abolishes the Economic Development Administration (EDA). Repeals the: (1) Public Works and Economic Development Act 1965; and (2) Local Public Works Capital Development and Investment Act of 1976. Authorizes the Secretary of Commerce to take appropriate action to conclude EDA affairs. Allows for the expenditure of EDA funds received before its termination. Allows the continued use of the Economic Development Revolving Fund to finish EDA business, but requires Fund termination upon certification by the Secretary that business is concluded. Authorizes appropriations. Subtitle C: Reductions in Spending Under Medicare - Provides for reduced payments under Medicare part A (Hospital Insurance) to hospitals for the indirect costs of medical education. (Sec. 1742) Eliminates Medicare part A payments to hospitals for enrollees' bad debts attributable to deductibles and copayments. (Sec. 1745) Provides for co-payments under Medicare part B (Supplementary Medical Insurance) for clinical diagnostic laboratory tests. (Sec. 1746) Increases the Medicare part B monthly premium beginning after December 1994. (Sec. 1751) Authorizes additional appropriations for FY 1994 through 1997 for peer review activities, enforcement of Medicare payment prohibitions, and other activities to reduce waste and fraud in the administration of Medicare. (Sec. 1752) Makes specified extensions with regard to Medicare as secondary payer. (Sec. 1753) Amends IRC and SSA to extend Medicare coverage of, and application of the hospital insurance tax to, all State and local government employees. Authorizes appropriations. Subtitle D: Economic Development and Disaster Assistance - Makes ineligible for specified Federal business development or disaster assistance: (1) individuals with taxable incomes over $120,000; and (2) corporations with taxable incomes over $5,000,000. Subtitle E: International Trade Administration Assistance - Make the same individuals and corporations described in Subtitle D ineligible for financial assistance from the International Trade Administration of the Department of Commerce. Subtitle F: Agricultural Export Bonus Program - Makes ineligible for agricultural commodities or cash payments under the export enhancement program of the Agricultural Trade Act of 1978 any individual with an annual taxable income exceeding $120,000 and any corporation with an annual gross income exceeding $5,000,000. Title XVIII: Unfunded Mandates - Subtitle A: General Limitations - Federal Mandate Relief Act of 1994 - Provides that any new requirement under a Federal statute or regulation that a State or local government conduct an activity shall apply to the government only if all funds necessary to pay the direct costs incurred in conducting the activity are provided by the Federal Government. Subtitle B: Commission on Unfunded Federal Mandates - Establishes the Commission on Unfunded Federal Mandates to: (1) investigate and review the role of unfunded Federal manadates in relations among local, State, and Federal governments; and (2) study and make recommendations to the Congress regarding the termination or suspension of unfunded Federal mandates. Authorizes appropriations. Subtitle C: State Mandate Estimates - Requires the Director of the congressional Budget Office (CBO) to submit to the House of Representatives or the Senate for each joint resolution and conference report an estimate of the costs of State and local government compliance with the legislation in question. (Makes generally conforming amendments to the Congressional Budget Act of 1974, which already requires, to the extent practicable, such estimates for every public bill and resolution, except those reported by the Committee on Appropriations of each House.) (Sec. 1822) Amends the Rules of the House of Representatives to add the same requirements under the Mandate Relief Act of 1993 with regard to committee report cost estimates and consideration of legislation for which a CBO estimate is required. Title XIX: Legislative Branch Provisions - Limits: (1) appropriations for official congressional mail costs for FY 1995 to 50 percent of the total appropriated for FY 1994; and (2) such appropriations beginning with FY 1996 to 103 percent of the total appropriated for the preceding fiscal year. (Sec. 1902) Repeals provisions of: (1) Federal law establishing the Joint Committee on Printing: (2) the Legislative Reorganization Act of 1946 establishing the Joint Committee of Congress on the Library; and (3) the Employment Act of 1946 establishing the Joint Economic Committee. Transfers all functions of the Joint Economic Committee to the appropriate House or Senate Committee on the Budget. (Sec. 1903) Limits: (1) funding for congressional committee staff for FY 1995 to 75 percent of the total appropriated for FY 1994; and (2) such funding beginning with FY 1996 to 103 percent of the total appropriated for the preceding fiscal year. (Sec. 1904) Repeals provisions of Federal law to eliminate payments of expenses for former Speakers of the House of Representatives. (Sec. 1905) Prohibits a Member of the House from hiring more than 16 full-time employees under the clerk hire allowance. (Sec. 1906) Limits: (1) funding for congressional committee staff for FY 1995 to 75 percent of the total appropriated for FY 1994; and (2) such funding beginning with FY 1996 to 103 percent of the total appropriated for the preceding fiscal year. (Sec. 1907) Amends the Legislative Reorganization Act of 1946 to establish the annual rates of pay of $100,000 for each Senator, Member of, and Delegate to, the House, and the Resident Commissioner from Puerto Rico $109,000 for the President pro tempore of the Senate, the majority and minority leaders of the Senate and the House, and $131,000 for the Speaker of the House, until adjusted by law. (Sec. 1908) Repeals provisions of the Technology Assessment Act of 1971 that established the Office of Technology Assessment. (Sec. 1909) Limits: (1) funding for the Congressional Budget Office and the Architect of the Capitol for FY 1995 to 90 percent of the total appropriated for each entity for FY 1994; and (2) such funding beginning with FY 1996 to 103 percent of the total appropriated for the preceding fiscal year. Title XX: Enforcement - Provides that none of the changes in direct spending and receipts resulting from this shall be reflected in Office of Management and Budget estimates of changes in outlays and receipts under the Balanced Budget and Emergency Deficit Control Act of 1985. Requires the Director of the Office of Management and Budget to make specified downward adjustments in the discretionary spending limits (new budget authority and outlays), as adjusted, set forth in the Congressional Budget Act of 1974 for FY 1995 through 1999.
United States · United States Congress · 3 March 1994
Amends the Internal Revenue Code to modify the minimum tax treatment of circulation expenses of publishing businesses.
United States · United States Congress · 3 March 1994
Tax Fairness for Agriculture Act of 1994 - Amends the Internal Revenue Code to prohibit agricultural or horticultural organizations from treating member dues (limited to a specified amount) as unrelated business taxable income.
United States · United States Congress · 2 March 1994
Polly Klaas Child Rescue Act of 1994 - Authorizes appropriations for each fiscal year beginning with FY 1995 in an amount equal to two percent of the funding for official mail costs of the House of Representatives for FY 1994 adjusted for any increase in first-class postage rates, to be used for payment of first-class postage for mailing of information on active investigations of children abducted by strangers. Authorizes the Federal Bureau of Investigation (FBI) to use the funds to pay the Postal Service for postage to be used by: (1) any local entity engaged in the search for a child abducted by a stranger; or (2) if no such entity exists, the FBI. Prohibits the funds from being used unless the FBI determines that: (1) a stranger abduction has occurred; (2) such abduction occurred not more than one year before the date of the determination; (3) the mailing will benefit the investigation; (4) an accurate and appropriate mailing list is available for the mailing; and (5) funds are not immediately available and a delay in the mailing would be harmful to the investigation. Limits the amount that may be spent on mailings to $15,000 per abducted child. Allows two percent of the funding for official mail costs of the House for FY 1994 to be made available for FY 1994 to the FBI for purposes of this Act. Provides that, if the amount appropriated pursuant to the authorization in this Act for any fiscal year beginning with FY 1995 is less than the authorized amount, the difference may be paid from the funding for official mail costs of the House for the fiscal year involved. Requires the FBI to immediately transfer the necessary funds for mailing to the Postal Service after making the required determination and the Postal Service to expedite the mailing upon receiving such funds.
United States · United States Congress · 2 March 1994
Amends the Internal Revenue Code to exclude from gross income certain benefits an individual receives while on strike.
United States · United States Congress · 2 March 1994
Directs the Committee on the Budget of the House of Representatives to make specific spending cuts over the five-year period beginning with FY 1995.
United States · United States Congress · 1 March 1994
TABLE OF CONTENTS: Title I: Handgun Licensing and Registration Title II: Restrictions on Firearm Possession Title III: Restrictions on Gun Sellers Title IV: Prohibited Weapons Title V: Gun Exchange Tax Incentives Gun Violence Prevention Act of 1994 - Title I: Handgun Licensing and Registration - Amends the Federal criminal code to prohibit the sale, delivery, or other transfer of a handgun to an individual not licensed to import, manufacture, or deal in firearms or ammunition, unless: (1) the transferor has verified that the transferee possess a valid State handgun license by examining the license and a valid photograph identification and by contacting the chief law enforcement officer of the State that issued the license; (2) the transferor has provided to the chief officer of the State in which the transfer is to take place a State handgun registration form; and (3) seven days have elapsed since the transferor contacted the chief officer of the State that issued the license or the transferee has presented to the transferor a written statement issued within the previous ten days by the chief officer of the State in which the transferee resides stating that the transferee requires access to a handgun because of a threat to the life of the transferee or any member of the transferee's household. Prohibits: (1) the transfer of handgun ammunition to an individual who is not a licensed dealer unless the transferor has verified that the transferee possesses a valid State handgun license by examining the license and a valid photograph identification; and (2) any such individual from receiving transfer of a handguns or handgun ammunition unless the individual possesses a valid State handgun license. Sets forth requirements regarding: (1) State handgun licenses; (2) State handgun registration forms; and (3) State handgun safety certificates (issued after the applicant has completed a course and passed an examination in handgun safety). Sets penalties for violations. Directs the Attorney General, subject to the availability of appropriations, to make a grant to each State for the initial startup costs associated with establishing a system of licensing and registration. Authorizes appropriations. Title II: Restrictions on Firearm Possession - Prohibits: (1) the transfer of a firearm to, or possession of a firearm by, a person convicted of a violent crime or subject to a protection order; and (2) the transfer of a handgun (or handgun ammunition) to an individual under age 21 or of a firearm other than a handgun (or ammunition) to an individual under age 16, and the possession of such weapon (or ammunition) by such individuals, respectively, with exceptions. Sets penalties for violations. (Sec. 203) Prohibits the storage or leaving of a loaded firearm, or an unloaded firearm and ammunition, at any place to which a juvenile is likely to gain access at a time when the juvenile is not under the personal supervision of an adult who is not prohibited by Federal, State, or local law from possessing the firearm. Requires each licensed dealer to post conspicuously at each of the dealer's places of business a warning that it is a Federal crime to store or leave a loaded firearm, or an unloaded firearm and its ammunition, where an unsupervised juvenile can gain access. Sets penalties for violations. (Sec. 204) Prohibits a person from possessing more than 20 firearms or more than 1,000 rounds of ammunition unless the person is a licensed dealer or has been issued an arsenal license. Direct the Secretary of the Treasury to issue such a license if specified conditions are met, including the payment of a $300 fee for a three-year license period. Subjects the holder of such a license to all requirements pertaining to licensed dealers. Sets penalties for violations. (Sec. 205) Repeals provisions authorizing persons prohibited from possessing, shipping, transporting, or receiving firearms or ammunition to apply to the Secretary for restoration of firearm privileges under certain circumstances. Specifies that a conviction shall not be considered a conviction for purposes of Federal firearms provisions if: (1) it has been expunged or set aside or a named person has been pardoned or has had civil rights restored; and (2) the authority that grants such action expressly authorizes the person to ship, transport, receive and possess firearms and expressly determines that the person is not likely to act in a manner that is dangerous to public safety and that the granting of the relief is not contrary to the public interest. Makes this provision inapplicable to a conviction of a serious drug offense or violent felony. Title III: Restrictions on Gun Sellers - Prohibits (with exceptions): (1) transferring or receiving a transfer of more than one handgun during any 30-day period; or (2) transferring a handgun to another person who has received transfer of another handgun during the previous 30-day period. Sets penalties for violations. (Sec. 302) Makes compliance with State and local law a condition of licensure as a dealer. (Sec. 303) Increases: (1) license application fees; and (2) the length of time before which the Secretary must approve or deny an application. (Sec. 305) Authorizes the Secretary, for ensuring compliance with recordkeeping requirements, to inspect a firearms licensee's inventory and records three times during any 12-month period or at any time with respect to records relating to a firearm involved in a criminal investigation (currently, once during any 12-month period). (Sec. 306) Requires an applicant, for approval as a licensed dealer, to certify that the business is covered by an insurance policy providing personal injury protection to any person injured while engaged in lawful activity by a handgun obtained through the negligence of the applicant, to a limit of $100,000 for loss sustained by any such person as a result of bodily injury or death. (Sec, 307) Establishes licensing and recordkeeping requirements for ammunition dealers. (Sec. 308) Prohibits a licensed dealer from employing any person in a position in which the person would have unsupervised access to firearms or ammunition, unless: (1) in the case of access to handguns or handgun ammunition, the person has a valid State handgun license; and (2) in the case of access to firearms other than handguns or ammunition other than handgun ammunition, the person is at least age 18, the licensee has contacted the national system designated by the Attorney General pursuant to the Brady Handgun Violence Prevention Act and the system has notified the licensee that the possession of a firearm by the person would not violate Federal, State, or local law, and the licensee has verified the identity of the person by examining a valid photograph identification. Sets penalties for violations. (Sec. 309) Prohibits a licensed dealer from selling, delivering, or otherwise transferring a firearm from any motorized or towed vehicle or at a location other than that specified on the license. (Sec. 310) Requires each licensee to: (1) respond immediately to a request by the Secretary for information contained in required records relevant to a criminal investigation; and (2) report the theft or loss of a firearm from inventory within 24 hours after discovery to the Secretary, the chief officer, and appropriate local authorities. (Sec. 312) Expands the definition of a "firearm" to include its component parts. (Sec. 313) Prohibits any common or contract carrier from delivering in interstate or foreign commerce a firearm or ammunition without examining the Federal firearms or ammunition license of the recipient and obtaining written acknowledgement of receipt. (Sec. 314) Makes any person who transfers any firearm or ammunition in violation of Federal law liable for all damages proximately caused by such transfer. Permits an action to be brought in a U.S. district court by, or on behalf of, any person who suffers bodily injury or death as a result of the discharge of a firearm or ammunition transferred in violation of Federal law, with exceptions. Sets forth provisions regarding the award of costs and punitive damages. Title IV: Prohibited Weapons - Prohibits the manufacture, transfer, or possession of "prohibited weapons," defined as firearm mufflers or silencers, short-barreled shotguns and rifles, destructive devices, semiautomatic assault weapons, Saturday-night-special handguns, nonsporting ammunition, and large-capacity ammunition feeding devices. Defines "semiautomatic assault weapon," "Saturday-night-special handgun," and "large-capacity ammunition feeding device." Categorizes various brands of weapons. Amends the Internal Revenue Code to include a prohibited weapon within the definition of "firearm." Requires the serial number of any prohibited weapon manufactured after the date of enactment to clearly show the date on which the weapon was manufactured. Sets penalties for violations. Subjects persons using or possessing a semiautomatic assault weapon during a crime of violence or drug trafficking crime to the same enhanced penalty as for such use or possession of a short-barreled shotgun. (Sec. 402) Prohibits (with exceptions) the manufacture or import of a firearm that does not incorporate a device that: (1) prevents a child of less than age seven from discharging the firearm; (2) prevents a firearm that has a removable magazine from discharging when the magazine has been removed; and (3) in the case of a handgun other than a revolver, clearly indicates whether the magazine or chamber contains a round of ammunition. Sets penalties for violations. (Sec. 403) Increases the tax on handguns and handguns ammunition. Establishes in the Treasury a Health Care Trust Fund and appropriates to it amounts equivalent to such taxes. Makes Trust Fund sums available only for grants to assist hospitals, trauma centers, or other health care providers that have incurred substantial uncompensated costs in providing medical care to gunshot victims, subject to specified limitations. Makes such a provider eligible to apply for such a grant for any calendar year if it is in compliance with Federal and State certification and licensing requirements, is a non-profit entity, and has incurred substantial uncompensated costs during the previous calendar year in providing medical care to gunshot victims. Title V: Gun Exchange Tax Incentives - Establishes special tax rules for gun exchange programs contributions. (Sec. 502) Directs the Attorney General to: (1) develop a written model program for business-sponsored gun exchange programs; and (2) make such model available to States, local governments, and businesses.
United States · United States Congress · 1 March 1994
Amends the Internal Revenue Code to exclude from the gross income of shareholders of controlled foreign corporations the amount of any distribution received from such corporation, if the shareholder meets the requirements for reinvestment in U.S. property or the creation of domestic jobs. Provides a formula to determine the maximum amount of such exclusion.
United States · United States Congress · 1 March 1994
Telecommuting Tax Credit Act of 1994 - Amends the Internal Revenue Code to allow employers a tax credit for employees performing services in their residence or in a telecommuting center.
United States · United States Congress · 28 February 1994
Amends the Internal Revenue Code to provide for the deductibility of interest and similar amounts attributable to deferred compensation.
United States · United States Congress · 28 February 1994
TABLE OF CONTENTS: Title I: Handgun Licensing and Registration Title II: Restrictions on Firearm Possession Title III: Restrictions on Gun Sellers Title IV: Prohibited Weapons Title V: Gun Exchange Tax Incentives Gun Violence Prevention Act of 1994 - Title I: Handgun Licensing and Registration - Amends the Federal criminal code to prohibit the sale, delivery, or other transfer of a handgun to an individual not licensed to import, manufacture, or deal in firearms or ammunition, unless: (1) the transferor has verified that the transferee possess a valid State handgun license by examining the license and a valid photograph identification and by contacting the chief law enforcement officer of the State that issued the license; (2) the transferor has provided to the chief officer of the State in which the transfer is to take place a State handgun registration form; and (3) seven days have elapsed since the transferor contacted the chief officer of the State that issued the license or the transferee has presented to the transferor a written statement issued within the previous ten days by the chief officer of the State in which the transferee resides stating that the transferee requires access to a handgun because of a threat to the life of the transferee or any member of the transferee's household. Prohibits: (1) the transfer of handgun ammunition to an individual who is not a licensed dealer unless the transferor has verified that the transferee possesses a valid State handgun license by examining the license and a valid photograph identification; and (2) any such individual from receiving transfer of a handguns or handgun ammunition unless the individual possesses a valid State handgun license. Sets forth requirements regarding: (1) State handgun licenses; (2) State handgun registration forms; and (3) State handgun safety certificates (issued after the applicant has completed a course and passed an examination in handgun safety). Sets penalties for violations. Directs the Attorney General, subject to the availability of appropriations, to make a grant to each State for the initial startup costs associated with establishing a system of licensing and registration. Authorizes appropriations. Title II: Restrictions on Firearm Possession - Prohibits: (1) the transfer of a firearm to, or possession of a firearm by, a person convicted of a violent crime or subject to a protection order; and (2) the transfer of a handgun (or handgun ammunition) to an individual under age 21 or of a firearm other than a handgun (or ammunition) to an individual under age 16, and the possession of such weapon (or ammunition) by such individuals, respectively, with exceptions. Sets penalties for violations. (Sec. 203) Prohibits the storage or leaving of a loaded firearm, or an unloaded firearm and ammunition, at any place to which a juvenile is likely to gain access at a time when the juvenile is not under the personal supervision of an adult who is not prohibited by Federal, State, or local law from possessing the firearm. Requires each licensed dealer to post conspicuously at each of the dealer's places of business a warning that it is a Federal crime to store or leave a loaded firearm, or an unloaded firearm and its ammunition, where an unsupervised juvenile can gain access. Sets penalties for violations. (Sec. 204) Prohibits a person from possessing more than 20 firearms or more than 1,000 rounds of ammunition unless the person is a licensed dealer or has been issued an arsenal license. Direct the Secretary of the Treasury to issue such a license if specified conditions are met, including the payment of a $300 fee for a three-year license period. Subjects the holder of such a license to all requirements pertaining to licensed dealers. Sets penalties for violations. (Sec. 205) Repeals provisions authorizing persons prohibited from possessing, shipping, transporting, or receiving firearms or ammunition to apply to the Secretary for restoration of firearm privileges under certain circumstances. Specifies that a conviction shall not be considered a conviction for purposes of Federal firearms provisions if: (1) it has been expunged or set aside or a named person has been pardoned or has had civil rights restored; and (2) the authority that grants such action expressly authorizes the person to ship, transport, receive and possess firearms and expressly determines that the person is not likely to act in a manner that is dangerous to public safety and that the granting of the relief is not contrary to the public interest. Makes this provision inapplicable to a conviction of a serious drug offense or violent felony. Title III: Restrictions on Gun Sellers - Prohibits (with exceptions): (1) transferring or receiving a transfer of more than one handgun during any 30-day period; or (2) transferring a handgun to another person who has received transfer of another handgun during the previous 30-day period. Sets penalties for violations. (Sec. 302) Makes compliance with State and local law a condition of licensure as a dealer. (Sec. 303) Increases: (1) license application fees; and (2) the length of time before which the Secretary must approve or deny an application. (Sec. 305) Authorizes the Secretary, for ensuring compliance with recordkeeping requirements, to inspect a firearms licensee's inventory and records three times during any 12-month period or at any time with respect to records relating to a firearm involved in a criminal investigation (currently, once during any 12-month period). (Sec. 306) Requires an applicant, for approval as a licensed dealer, to certify that the business is covered by an insurance policy providing personal injury protection to any person injured while engaged in lawful activity by a handgun obtained through the negligence of the applicant, to a limit of $100,000 for loss sustained by any such person as a result of bodily injury or death. (Sec, 307) Establishes licensing and recordkeeping requirements for ammunition dealers. (Sec. 308) Prohibits a licensed dealer from employing any person in a position in which the person would have unsupervised access to firearms or ammunition, unless: (1) in the case of access to handguns or handgun ammunition, the person has a valid State handgun license; and (2) in the case of access to firearms other than handguns or ammunition other than handgun ammunition, the person is at least age 18, the licensee has contacted the national system designated by the Attorney General pursuant to the Brady Handgun Violence Prevention Act and the system has notified the licensee that the possession of a firearm by the person would not violate Federal, State, or local law, and the licensee has verified the identity of the person by examining a valid photograph identification. Sets penalties for violations. (Sec. 309) Prohibits a licensed dealer from selling, delivering, or otherwise transferring a firearm from any motorized or towed vehicle or at a location other than that specified on the license. (Sec. 310) Requires each licensee to: (1) respond immediately to a request by the Secretary for information contained in required records relevant to a criminal investigation; and (2) report the theft or loss of a firearm from inventory within 24 hours after discovery to the Secretary, the chief officer, and appropriate local authorities. (Sec. 312) Expands the definition of a "firearm" to include its component parts. (Sec. 313) Prohibits any common or contract carrier from delivering in interstate or foreign commerce a firearm or ammunition without examining the Federal firearms or ammunition license of the recipient and obtaining written acknowledgement of receipt. (Sec. 314) Makes any person who transfers any firearm or ammunition in violation of Federal law liable for all damages proximately caused by such transfer. Permits an action to be brought in a U.S. district court by, or on behalf of, any person who suffers bodily injury or death as a result of the discharge of a firearm or ammunition transferred in violation of Federal law, with exceptions. Sets forth provisions regarding the award of costs and punitive damages. Title IV: Prohibited Weapons - Prohibits the manufacture, transfer, or possession of "prohibited weapons," defined as firearm mufflers or silencers, short-barreled shotguns and rifles, destructive devices, semiautomatic assault weapons, Saturday-night-special handguns, nonsporting ammunition, and large-capacity ammunition feeding devices. Defines "semiautomatic assault weapon," "Saturday-night-special handgun," and "large-capacity ammunition feeding device." Categorizes various brands of weapons. Amends the Internal Revenue Code to include a prohibited weapon within the definition of "firearm." Requires the serial number of any prohibited weapon manufactured after the date of enactment to clearly show the date on which the weapon was manufactured. Sets penalties for violations. Subjects persons using or possessing a semiautomatic assault weapon during a crime of violence or drug trafficking crime to the same enhanced penalty as for such use or possession of a short-barreled shotgun. (Sec. 402) Prohibits (with exceptions) the manufacture or import of a firearm that does not incorporate a device that: (1) prevents a child of less than age seven from discharging the firearm; (2) prevents a firearm that has a removable magazine from discharging when the magazine has been removed; and (3) in the case of a handgun other than a revolver, clearly indicates whether the magazine or chamber contains a round of ammunition. Sets penalties for violations. (Sec. 403) Increases the tax on handguns and handguns ammunition. Establishes in the Treasury a Health Care Trust Fund and appropriates to it amounts equivalent to such taxes. Makes Trust Fund sums available only for grants to assist hospitals, trauma centers, or other health care providers that have incurred substantial uncompensated costs in providing medical care to gunshot victims, subject to specified limitations. Makes such a provider eligible to apply for such a grant for any calendar year if it is in compliance with Federal and State certification and licensing requirements, is a non-profit entity, and has incurred substantial uncompensated costs during the previous calendar year in providing medical care to gunshot victims. Title V: Gun Exchange Tax Incentives - Establishes special tax rules for gun exchange programs contributions. (Sec. 502) Directs the Attorney General to: (1) develop a written model program for business-sponsored gun exchange programs; and (2) make such model available to States, local governments, and businesses.
United States · United States Congress · 28 February 1994
TABLE OF CONTENTS: Title I: Portable and Permanent Private Health Insurance Subtitle A: Portability Subtitle B: Permanence Title II: Expansion of Health Care Choices Subtitle A: Employer-Provided Health Insurance Subtitle B: Medical Savings Accounts Title III: Equal Tax Treatment for Health Insurance of Self-Employed and Uninsured Title IV: Small Business Health Insurance Pools Title V: Assistance to Individuals With Preexisting Conditions in Purchasing Health Insurance Title VI: Encourage Responsible Behavior by the Financially Capable Title VII: Assistance to Low-Income Workers to Purchase Health Insurance Title VIII: Reward Preventive Medicine and Healthy Lifestyles Title IX: Reform Medicaid and Expand Choices Under Medicare Subtitle A: Medicaid Subtitle B: Medicare Title X: Enhanced Efficiency Through Paperwork Reduction Title XI: Meaningful Medical Liability Reform Title XII: Antitrust Reforms Title XIII: Expenditure Targets for the Medicaid and Medicare Programs Comprehensive Family Health Access and Savings Act - Title I: Portable and Permanent Private Insurance - Subtitle A: Portability - Amends the Internal Revenue Code to modify required continuation coverage of group health plans by allowing the offering of annual deductibles for such coverage. Terminates such continuation coverage after an individual is eligible for employer-based coverage for more than 90 days. (Sec. 102) Allows penalty-free withdrawals from qualified retirement plans to pay for health insurance during a continuation period. Subtitle B: Permanence - Prohibits an insurer from cancelling an individual or group health insurance plan or denying renewal of coverage except for specified reasons. Prohibits an employer from cancelling a self-insured group health plan or denying renewal of coverage except for similar reasons. (Sec. 112) Requires individual health insurance plans and group health plans to offer insureds the option to purchase new health insurance plans after enactment of this Act. Title II: Expansion of Health Care Choices - Subtitle A: Employer-Provided Health Insurance - Requires an employer-provided health insurance package to include one of the following options: (1) the health insurance coverage provided by the employer on the date of enactment of this Act; (2) coverage in a health maintenance organization, managed care arrangement, or preferred provider organization; or (3) a medical savings account. Subtitle B: Medical Savings Account - Allows a deduction from gross income for medical expenses attributable to coverage under a catastrophic health insurance plan. (Sec. 212) Allows individuals a tax deduction for contributions made to a medical care savings account established for the benefit of an eligible individual or such individual's spouse and dependents. Allows such deduction whether or not an individual itemizes deductions. Disallows distributions from such accounts as medical expense deductions. Excludes employer contributions to such accounts from employment taxes. Establishes an excise tax for excess contributions to medical care savings accounts and for prohibited transactions. Title III: Equal Tax Treatment for Health Insurance of Self-Employed and Uninsured - Allows as an exclusion from gross income such self-employed health insurance costs as do not exceed the national per employee average of the employer-provided contribution excluded from gross income. Excludes certain health insurance costs from employment taxes. Title IV: Small Business Health Insurance Pools - Prohibits: (1) State restrictions on groups purchasing health insurance; (2) State benefit mandates for group health plans; and (3) for five years following enactment, specified State restrictions on managed care. Title V: Assistance to Individuals with Preexisting Conditions in Purchasing Health Insurance - Requires the Secretary to establish and administer a program providing allotments to States for the establishment of State-wide insurance risk pools to provide health insurance coverage to individuals with preexisting conditions. Authorizes appropriations. Title VI: Encourage Responsible Behavior by the Financially Capable - Prohibits any family with an income exceeding 200 percent of the poverty line or who is eligible for a catastrophic health insurance plan as defined in title VII of this Act, but who fails to purchase a plan providing such coverage within one year of enactment from being eligible for the insurance pool program under title V of this Act. Title VII: Assistance to Low-Income Workers to Purchase Insurance - Amends the Internal Revenue Code to allow a refundable tax credit for the cost of premiums for a catastrophic health insurance plan based upon family income and size. Allows the advance payment of such credit. Disallows the use of such credit amount as a medical expense deduction. (Sec. 702) Allows the collection of unpaid debts for medical expenses from individuals who are eligible for such credit but fail to claim it. Title VIII: Reward Preventive Medicine and Healthy Lifestyles - Provides that in the case of any health insurance plan, no provision of State or local law shall apply that restricts the reduction of premiums or the allowance of incentives with respect to such plans for individuals who pursue healthy lifestyles. Title IX: Reform Medicaid and Expand Choices Under Medicare - Subtitle A: Medicaid - Amends title XIX (Medicaid) of the Social Security Act to place a specified formula cap on the Federal payment made each year to a State for furnishing medical assistance to eligible individuals. (Sec. 902) Provides for waivers from Medicaid requirements in order for States to establish innovative and cost-effective programs for furnishing medical assistance to eligible individuals. Subtitle B: Medicare - Amends title XVIII (Medicare) of the Social Security Act to allow an individual to elect health care coverage through either a private health care arrangement or an eligible organization within one year after becoming entitled to benefits under Medicare part A (Hospital Insurance) or forgoing an employer health benefit plan. Details the election process for current Medicare part A beneficiaries. Provides for payments under Medicare to individuals enrolled with such arrangements or organizations, including additional amounts from the Medicare trust funds for individuals enrolled with such arrangements. Title X: Enhanced Efficiency Through Paperwork Reduction - Directs the Secretary of Health and Human Services to adopt standards to reduce the administrative and paperwork burdens of all Federal health care programs by 50 percent within the two-year period following the date of this Act's enactment (initial reduction), and by an additional 50 percent reduction over a subsequent three-year period (subsequent reduction), for a total reduction of 75 percent over the five-year period following such date. Requires the Secretary, to achieve the initial reduction, to adopt standards for Federal health care programs 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, including protections to assure the confidentiality of patient-specific information and to protect against the unauthorized use and disclosure of information. Directs the Secretary, to achieve the subsequent reduction, to modify by regulation the standards adopted with respect to the initial reduction. Specifies that such modification may include such recommendations as reported by the Standardized Form Commission or any other provisions necessary to meet the goals for reduction in the paperwork burden of Federal health care programs. (Sec. 1002) Requires each State, to be eligible for Federal funds in connection with any State-administered health care program, to standardize the processing of paper and electronic claims to reduce the administrative and paperwork burdens on such programs by 75 percent during the five-year period following enactment of this Act. Sets forth provisions regarding enforcement of this provision and waivers of payment reductions for noncompliance. (Sec. 1003) Directs the Secretary to: (1) establish a Standardized Forms Commission to make recommendations on the standardization of paper and electronic claims processing to reduce the paperwork burden and enhance the efficiency and productivity of claims processing; and (2) submit recommendations to the Congress in the form of an implementing bill. Sets forth procedures for congressional consideration of such bill. Makes a health care provider or insurer that fails to comply with any enacted recommendations of the Commission ineligible for payments of claims submitted under any provision of the Social Security Act or the Public Health Service Act. Title XI: Meaningful Medical Liability Reform - Makes this title applicable with respect to any medical malpractice liability claim or action (such action) brought in State or Federal court, except with respect to certain claims or actions for damages arising from a vaccine-related injury or death. Sets forth provisions regarding: (1) preemption; (2) negotiated liability; (3) effect on sovereign immunity and choice of law or venue; and (4) jurisdiction. (Sec. 1102) Prohibits such action from being initiated after the expiration of: (1) the two-year period that begins on the latter of the date the alleged injury that is the subject of the claim was discovered or the date the injury should reasonably have been discovered; and (2) the four-year period that begins on the date on which the alleged injury occurred. Makes an exception for a minor who has not attained age six. (Sec. 1103) Provides that: (1) the liability of each defendant in such action, with respect to economic and noneconomic damages, shall be several only and not joint; (2) such a defendant shall be liable only for the amount of damages allocated to the defendant in direct proportion to such defendant's percentage of fault or responsibility for the injury; and (3) the trier of fact shall determine and assign a percentage of responsibility for each such defendant. (Sec. 1104) Requires: (1) all requests for discovery pursuant to such action to identify the relevant portion of the complaint, answer, or other pleading to which responses to the discovery requests are expected to relate; and (2) the court, with respect to any motion for an order compelling discovery, to award the prevailing party reasonable fees and expenses incurred in bringing or defending against the motion, including reasonable attorney fees, unless the court finds that the position of the unsuccessful party with substantially justified or that special circumstances make such an award unjust. (Sec. 1105) Limits the total amount of noneconomic damages that may be awarded to a claimant and family members to $250,000, regardless of the number of parties against whom the action is brought or the number of actions brought with respect to the injury. (Sec. 1106) Specifies that a defendant may not be required to pay damages awarded for any economic losses to be incurred after the date on which the judgment is entered exceeding $100,000, in a single, lump-sum payment, but shall be permitted to make such payments periodically based on projections of the amount of damages expected to be incurred by the claimant at appropriate intervals, as determined by the court. Permits the court to require that a defendant purchase an annuity or fund a reversionary trust to make periodic payments if the court determines that a reasonable basis exists for concluding that the defendant may be unable or otherwise fail to make the required periodic payments. Specifies that a court judgment awarding such payments may not be reopened at any time to contest, amend, or modify the schedule or amount of the payments in the absence of fraud or any other basis under which a party may obtain relief from a final judgment. (Sec. 1107) Sets forth provisions regarding costs and fees, including limitations on attorneys charging or collecting contingency fees. Establishes recordkeeping requirements as a prerequisite to the receipt of an award of attorney fees. (Sec. 1108) Sets forth provisions regarding: (1) contribution and indemnification; and (2) collateral sources. (Sec. 1110) Prohibits the award of noneconomic damages with respect to any medical product liability claim alleged against a medical product producer if: (1) the drug or device that is the subject of such claim was subject to specified approval or premarket approval under the Federal Food, Drug, and Cosmetic Act by the Food and Drug Administration (FDA); or (2) the drug or device is generally recognized as safe and effective pursuant to conditions established by the FDA and applicable regulations, including packaging and labeling regulations. Makes exceptions in cases of withheld information, misrepresentation, or illegal payment of FDA officials to secure approval. (Sec. 1111) Provides that, in any medical malpractice liability action that is certified as a class action: (1) the share of damages under any final judgment or settlement that is awarded to any party serving as a representative claimant shall be calculated in the same manner as the shares awarded to all other members of the claimant class (but permits the award of reasonable compensation, costs, and expenses relating to the representation of the class); (2) if a party is represented by an attorney who has a beneficial interest in the subject of the litigation, the court shall make a determination of whether such interest constitutes a conflict of interest sufficient to disqualify the attorney; and (3) an attorney may not represent the class if the attorney has paid, or is obligated to pay, a fee to a third party who assisted the attorney in obtaining the representation of any party to the action (and bars an attorney who knowingly violates this provision from representing the party in such action or any action to which this title applies). Title XII: Antitrust Reforms - Directs the Attorney General to promulgate guidelines under which a health care joint venture may submit an application requesting that the Attorney General provide the entities participating in the venture with an exemption under which: (1) monetary recovery on an antitrust claim brought against the entity shall be limited to actual damages if specified conditions are met; and (2) the conduct of the entity in making or performing a contract to carry out the venture shall not be deemed illegal per se. Requires the Attorney General to approve or disapprove the application within a specified time frame and to provide a statement explaining the reasons for any disapproval. Directs the Attorney General to approve the application if an entity participating in the venture submits to the Attorney General an application that contains: (1) the identities of the parties to the venture; (2) the nature, objectives, and planned activities of the venture; and (3) specified assurances and information. Sets forth provisions regarding: (1) revocation and renewal of exemptions and withdrawal of an application; (2) requirements relating to notice and publication of exemptions; and (3) issuance of health care certificates of public advantage to each eligible health care joint venture that complies with specified requirements. (Sec. 1203) Establishes the Interagency Advisory Committee on Competition, Antitrust Policy, and Health Care to: (1) discuss and evaluate competition and antitrust policy and their implications regarding the performance of health care markets; (2) analyze the effectiveness of health care joint ventures receiving exemptions in reducing costs and expanding access; and (3) make recommendations to the Congress. Title XIII: Expenditure Targets for the Medicaid and Medicare Programs - Requires the Director of the Office of Management and Budget, not later than 30 days after the end of each fiscal year beginning with FY 1995, to determine the amount of "medicaid excess expenditures" and "medicare excess expenditures" for such fiscal year. Defines such terms for a fiscal year as the amount by which the Federal expenditures under each such program for such fiscal year exceed the target expenditures for each such program. Sets formulas for determining the target expenditures. (Sec. 1302) Provides that if the Director determines that there are Medicaid or Medicare excess expenditures for a fiscal year, specified categories of health insurance benefits (including certain tax credits and exclusions and assistance to individuals with preexisting conditions in purchasing health insurance) that are effective in the applicable taxable or calendar year beginning after such fiscal year may be delayed until the following year. Makes such provision applicable only to so many of such categories in the order in which such categories are listed such that the savings resulting from such delay at least equal the costs of the Medicaid and Medicare excess expenditures.
United States · United States Congress · 24 February 1994
Amends the Internal Revenue Code to eliminate the ten percent adjusted gross income threshold for casualty loss deductions.
United States · United States Congress · 24 February 1994
Provides that the provision of services under certain service or management contracts shall not result in municipal water or wastewater facilities being treated as used in a private business use, for purposes of specified Internal Revenue Code limitations on private activity bonds. Lengthens the allowable term of such contracts to 15 years and makes inapplicable to such contracts a provision authorizing a municipality to terminate a contract, without penalty, at the end of the third contract year.
United States · United States Congress · 24 February 1994
Higher Education Accumulation Program Act of 1994 - Amends the Internal Revenue Code to allow a deduction for amounts paid to a Higher Education Accumulation Program (HEAP) account established to accumulate funds to pay the educational expenses of a child of the taxpayer. Declares such accounts exempt from tax. Allows the deduction in arriving at adjusted gross income. Imposes an excise tax on excess contributions and prohibited transactions. Imposes a penalty for failure to meet reporting requirements.
United States · United States Congress · 24 February 1994
Prohibits a State from basing its determination to tax military retirement annuities on whether there are employee contributions toward such pay.
United States · United States Congress · 24 February 1994
Amends the Internal Revenue Code to exclude from gross income qualified separation payments transferred to individual retirement accounts.
United States · United States Congress · 23 February 1994
TABLE OF CONTENTS: Title I: Enhanced Program Flexibility Title II: Technical and Other Amendments Public and Indian Housing Amendments of 1994 - Title I: Enhanced Program Flexibility - Amends the United States Housing Act of 1937 with respect to the severely distressed public housing program to: (1) repeal the designation of eligible projects requirement; (2) increase maximum planning grant amounts; (3) revise eligible grant activities; (4) require implementation grantees to carry out related community service activities; (5) permit grants to be used for demolition or disposition activities or for job training and youth services; (6) set forth replacement unit requirements; and (7) administer the program through block grant funding. (Sec. 102) Restructures current annual contributions for lower income housing projects as a grant program. Provides public housing agencies (PHAs) with maximum project design flexibility and savings incentives. (Sec. 103) Amends the Cranston-Gonzalez National Affordable Housing Act to extend the authorization of appropriations for the HOPE home ownership programs. (Sec. 104) Amends the United States Housing Act of 1937 to exclude certain health insurance payments and earned income from housing eligibility and rent determinations. (Sec. 106) Increases the project assistance ceiling for resident management technical assistance and training. Title II: Technical and Other Amendments - Applies specified public housing provisions under the United States Housing Act of 1937 and the Housing and Community Development Act of 1992 to Indian public housing. (Sec. 207) Amends the United States Housing Act of 1937 to apply labor standards to specified housing construction projects. (Sec. 211) Revises the PHA payment in lieu of taxes requirement.
United States · United States Congress · 23 February 1994
Declares that for purposes of budget scorekeeping by the Office of Management and Budget and the Congressional Budget Office, any proposed change in law (such as those made by the Health Security Act) respecting: (1) any obligation, payroll tax, assessment, premium, or fee to be paid to a particular entity established pursuant to Federal law shall be treated as a Federal receipt; and (2) any related expenditure made by any such entity required pursuant to Federal law shall be treated as a Federal outlay.
United States · United States Congress · 22 February 1994
Amends the North American Wetlands Conservation Act to extend the authorization of appropriations to carry out such Act through FY 2000.
United States · United States Congress · 22 February 1994
TABLE OF CONTENTS: Title I: Sustainable Development Title II: Building Democracy Title III: Promoting Peace Title IV: Providing Humanitarian Assistance Title V: Promoting Growth Through Trade and Investment Title VI: Advancing Diplomacy Title VII: Special Authorities, Restrictions on Assistance, and Reports Title VIII: General Provisions Title IX: Technical and Conforming Provisions Peace, Prosperity, and Democracy Act of 1994 - Repeals the Foreign Assistance Act of 1961 (with the exception of a few provisions) as well other specified foreign relations and assistance Acts. Sets forth revised foreign assistance policy provisions. Title I: Sustainable Development - Chapter 1: Sustainable Development Authorities - Sets forth policy for sustainable development programs and voluntary cooperation in development. (Sec. 1103) Encourages the President to establish a formal and continuing partnership with private voluntary organizations, cooperatives, and credit unions which have experience working in developing countries, and with colleges and universities, to carry out the objectives of this title. Authorizes the President to use funds in support of this title for: (1) schools and libraries outside the United States that are sponsored by U.S. citizens and that serve as study and demonstration centers for the ideas and practices of the United States; and (2) hospital centers for medical education and research outside the United States that are sponsored by U.S. citizens. (Sec. 1104) Permits the President to provide assistance for credit programs in furtherance of the following sustainable objectives: (1) micro- and small enterprise development; (2) shelter, urban services, and environmental infrastructure; and (3) other programs to carry out the purposes of this chapter. Chapter 2: Development Fund for Africa - Makes funds under chapter 1 available for programs for Subsaharan Africa. Chapter 3: Role of Related Programs - Sets forth U.S. policy regarding: (1) the role of international financial institutions; (2) the Peace Corps; (3) the African Development and Inter-American Foundations; and (4) specified non-emergency food assistance programs. Title II: Building Democracy - Sets forth policy regarding the promotion of democracy. Chapter 1: Promoting Democracy - Subchapter A: Countries in Transition - Authorizes the President to provide assistance for countries: (1) that have recently emerged or are in the process of emerging as democratic societies; (2) that have recently emerged or are emerging from civil strife and either have a democratically-elected government or are making progress toward developing such a government; or (3) where democratic progress or institutions are threatened. (Sec. 2102) Declares that programs under this subchapter should be designed to facilitate the trend toward more open, just, and democratic societies. Permits such assistance to military and law enforcement forces to: (1) orient militaries or law enforcement agencies to their respective roles in a democratic order; (2) enhance the accountability of law enforcement agencies to civil justice institutions; (3) promote demilitarization of society; and (4) meet security challenges on a transitional basis that threaten to impede or reverse democratic reforms or institutions. Subchapter B: Independent States of the Former Soviet Union - Makes funds available for assistance to the independent states of the former Soviet Union as authorized and appropriated to the President each fiscal year. Subchapter C: Central and Eastern Europe - Sets forth policy towards democracy and free enterprise in Central and Eastern Europe. (Sec. 2302) Makes funds available for assistance for Central and Eastern Europe as authorized and appropriated to the President each fiscal year. Chapter 2: Information and Exchange - Sets forth policy with respect to programs administered by the U.S. Information Agency (USIA). Title III: Promoting Peace - Chapter 1: Peacekeeping and Related Programs - Sets forth policy concerning peacekeeping and related programs. (Sec. 3102) Authorizes the President to: (1) pay assessed and other contributions and expenses of international peacekeeping activities; and (2) furnish assistance to foreign countries and international and regional organizations and arrangements for peacekeeping. (Sec. 3103) Authorizes the President to direct the drawdown of up to $100 million (currently, $75 million) worth of defense articles and services in unforeseen emergencies. Authorizes appropriations as necessary to reimburse the applicable appropriation, fund, or account. Chapter 2: Nonproliferation and Disarmament Fund - Authorizes assistance to be provided for specified activities to facilitate the dismantlement and nonproliferation of nuclear, biological, chemical, and conventional weapons. Chapter 3: Regional Peace, Security and Defense Cooperation - Authorizes assistance to be provided to: (1) support peace and the development of democratic institutions and to meet economic, political, and security needs in the Near East; (2) meet immediate threats to international peace and security posed by regional and internal conflicts through collective defense efforts; and (3) enhance the ability of countries willing to share the burden of collective security efforts to maintain international peace and security. (Sec. 3303) Declares that the President, in providing such assistance, should take into account the desirability of shifting resources away from the provision of defense articles to economic development purposes as rapidly as is warranted by the easing of threats to regional peace and the need to maintain ongoing defense relations. Chapter 4: International Narcotics Trafficking, Terrorism and Crime Prevention - Authorizes assistance to be provided to: (1) control narcotics and other controlled substances; (2) enhance the rule of law and the ability of law enforcement and defense personnel to combat international criminal activity; (3) enhance anti-terrorism skills of foreign law enforcement and defense personnel; (4) provide anti-crime, -terrorism, and -narcotics assistance to friendly countries; and (5) promote international criminal justice. (Sec. 3403) Incorporates certain existing anti-narcotics assistance and agreement authorities. (Sec. 3404) Prohibits Department of State employees from engaging in the training of law enforcement personnel for anti-terrorism programs, with a specified exception. (Sec. 3405) Makes provisions of law which prohibit assistance to countries in arrears on certain loan commitments to the United States inapplicable with respect to narcotics control assistance. Title IV: Providing Humanitarian Assistance - Chapter 1: Refugee Assistance - Lists purposes of refugee assistance. Incorporates existing provisions of law that provide for the U.S. Emergency Refugee and Migration Assistance Fund. Chapter 2: Disaster Assistance - Incorporates existing provisions of law that authorize international disaster assistance. Expands the source of funding from which the disaster account can borrow. Authorizes funds to be used to respond rapidly to reconstruction and institution-building needs arising from natural or manmade disasters. Chapter 3: Emergency Food Assistance - Sets forth U.S. policy regarding emergency food assistance. Title V: Promoting Growth Through Trade and Investment - Chapter 1: Overseas Private Investment Corporation - Incorporates certain existing provisions regarding the purpose and guidelines of the Overseas Private Investment Corporation (OPIC). Raises the ceiling on: (1) per capita income of countries required to receive preferential consideration for OPIC projects; and (2) the maximum contingent liability pursuant to insurance issued. (Sec. 5104) Authorizes OPIC to commit investment financing for direct lending in an amount of up to $5 billion for FY 1995 through 1999. Extends OPIC's authority to carry out investment insurance and financing through FY 1999. (Sec. 5201) Directs the Corporation to refuse to insure, reinsure, or finance an investment for purposes of establishing in a foreign country any export processing zone or area in which the tax, tariff, labor, environment, and safety laws of that country do not apply to activities carried out in the area unless the assistance is not likely to cause a loss of jobs within the United States. Chapter 2: Trade and Development Agency - Incorporates certain existing provisions of law regarding the Trade and Development Agency. Chapter 3: Role of Related Programs - Sets forth policy regarding food security and Export-Import Bank programs. Title VI: Advancing Diplomacy - Sets forth policy regarding the advancement of diplomacy. Title VII: Special Authorities, Restrictions on Assistance, and Reports - Chapter 1: Special Authorities - Revises existing provisions regarding the President's authority to transfer funds between foreign assistance accounts. (Sec. 7102) Sets forth presidential special waiver authorities similar to those under existing law. Raises annual ceilings on the amounts that can be authorized for arms sales or leases or foreign assistance or for the use of foreign currencies under such authorities. (Sec. 7103) Raises the annual ceiling on the amount the President can use for unanticipated contingencies. (Sec. 7104) Provides for assistance for certain law enforcement functions. (Sec. 7106) Provides that restrictions contained in any Act with respect to assistance for a country shall not be construed to restrict assistance in support of programs of nongovernmental or international organizations. (Sec. 7108) Authorizes the functions of this Act to be performed without regard to specified provisions of the Neutrality Act of 1939. (Sec. 7110) Incorporates certain existing provisions regarding the President's authority to conduct reimbursable programs. (Sec. 7111) Raises the ceiling on the amount of defense and services authorized to be drawn down in unforeseen emergencies or special circumstances. (Sec. 7113) Authorizes the use of sustainable development assistance funds to support development education programs. (Sec. 7114) Authorizes assistance to nongovernmental organizations to strengthen their capacity to carry out development programs. (Sec. 7115) Permits the use of certain funds under this Act to support activities of international tribunals, commissions, or panels to investigate or prosecute persons responsible for genocide, crimes against humanity, and other violations of international humanitarian law. Authorizes the President to draw down Federal property or services for such purposes. Chapter 2: Restrictions on Assistance - Incorporates and revises certain existing provisions to prohibit assistance to: (1) Communist countries; (2) human rights violators; (3) countries whose governments have expropriated U.S. property; (4) countries whose elected head of government is deposed by a military coup; (5) terrorist or major illicit drug producing or transit countries; and (6) countries in arrears to the U.S. Government for more than one year on any interest or principal on a loan or credit extended under this Act, the Arms Export Control Act, or the former authorities of the Foreign Assistance Act of 1961. (Sec. 7201) Provides for waivers of such restrictions if the President submits a certain report and the assistance: (1) is important to the national interest; (2) will directly benefit the needy; (3) is for refugees and displaced persons; or (4) will promote human rights and democracy. Requires the President to designate Communist countries. Prohibits the following with respect to human rights violators: (1) sales of defense articles and services and the issuance of export licenses under the Arms Export Control Act; and (2) the issuance of export licenses required for crime control and detection equipment under the Export Administration Act of 1979. Bars assistance under the Agricultural Trade Development and Assistance Act of 1954, the Peace Corps Act, and the Export-Import Bank Act of 1945 to terrorist countries. Prohibits arms sales under the Arms Export Control Act, the provision of agricultural commodities other than food under the Agricultural Trade Development and Assistance Act of 1954, and assistance under the Export-Import Bank Act of 1945 to major illicit drug producing and transit countries. (Sec. 7202) Prohibits the use of funds to provide: (1) any financial incentive to a business for purposes of inducing it to relocate outside the United States if it will reduce the number of employees in the United States; (2) assistance for developing an export processing zone or other designated area in which a country's tax, tariff, labor, environment, and safety laws do not apply to activities in the areas, unless the President certifies that such assistance is not likely to cause a loss of jobs within the United States; or (3) assistance for any project that contributes to the violation of workers' rights. (Sec. 7203) Incorporates existing prohibitions on the use of funds to coerce a person to practice abortions or to perform, or undergo, involuntary sterilization. (Sec. 7204) Declares that the President, in determining whether to provide assistance under this Act, should take into consideration whether assistance would be furnished to support an activity that is specifically designed to increase exports of any agricultural, textile, or apparel commodity from a developing country where such exports: (1) would be in direct competition with U.S. exports; and (2) can reasonably be expected to cause substantial injury to U.S. exporters of the same or a similar commodity. (Sec. 7205) Incorporates restrictions on nuclear enrichment and reprocessing transfers and illegal nuclear exports similar to those under existing law. Retains a requirement that conditions assistance for Pakistan on a certification that Pakistan does not possess a nuclear explosive device. (Sec. 7206) Sets forth prohibitions on assistance to major illicit drug producing and transit countries. Authorizes (current law requires) the President to withhold up to 50 percent of the assistance allocated to such a country until the country has taken adequate steps to control cultivation, smuggling, trafficking, and abuse of illegal drugs. (Sec. 7208) Permits the President to waive a limitation on participation in combatant duties by the armed forces in carrying out assistance programs if such limitation is not in the national interest. (Sec. 7209) Prohibits the use of development assistance for military or paramilitary purposes, with exceptions for military participation in training activities, conferences, and other sustainable development programs. (Sec. 7210) Incorporates certain existing provisions concerning the impact of development assistance programs on the environment. Urges (current law requires) the President to prepare and take into account environmental assessments of proposed programs. Chapter 3: Reports and Notifications to Congress - Sets forth requirements for: (1) congressional presentation documents for programs under titles I, II, and III of this Act; (2) human rights, international narcotics control, and annual allocation reports; (3) notification of program changes; and (4) the establishment of a program within the Agency for International Development (AID) to evaluate and monitor development program performance. Title VIII: General Provisions - Chapter 1: Exercise and Coordination of Functions - Incorporates existing provisions concerning delegation of authorities by the President and the roles of the Secretaries of State and Defense concerning foreign assistance. (Sec. 8104) Requires AID to be under the foreign policy guidance and subject to the supervision of the Secretary of State. Chapter 2: Administrative Authorities - Subchapter A: General Authorities - Incorporates certain existing provisions regarding the allocation of funds and reimbursement among Federal agencies. (Sec. 8202) Authorizes the President to charge fees for guarantees and loans issued in connection with assistance under this Act. Incorporates certain existing general assistance authorities. Authorizes any agency administering assistance under this Act to establish a working capital fund to be used for expenses related to the training of foreign nationals. Removes certain ceilings on the amount of assistance funds available for entertainment expenses, the acquisition of living quarters, schools, and hospitals for personnel, and the education of dependents. Subchapter B: Department of Defense Administrative Authorities - Incorporates certain existing provisions that make funds available for administrative expenses incurred in furnishing assistance through the Department of Defense (DOD). (Sec. 8212) Provides that no prior consent for transfer by a foreign country of defense articles sold by the United States shall be required if: (1) such articles constitute components incorporated into a foreign defense article; (2) the recipient is the government of a North Atlantic Treaty Organization (NATO) country, Australia, or Japan; (3) the U.S.-origin components were not significant military equipment and are not Missile Technology Control Regime items; and (4) the foreign country or persons transferring the items provide notification to the United States within 30 days following the transfer. Chapter 3: Special Requirements and Authorities Relating to Appropriations and Local Currencies - Subchapter A: Provisions Relating to Appropriations - Incorporates certain existing provisions that require authorization before funds appropriated for foreign assistance are expended. (Sec. 8302) Authorizes funds to remain available until expended. Subchapter B: Local Currencies - Incorporates certain existing provisions concerning the use of, and interest on, local currencies. Chapter 4: Procurement and Disposition of Articles - Requires the President to: (1) carry out assistance programs through private channels to the maximum extent practicable; (2) utilize the products and services of the U.S. private sector to operate projects in cases in which direct private investment is not readily encouraged; and (3) utilize goods and services of private enterprise on a contract basis in providing technical assistance. (Sec. 8403) Incorporates and revises certain existing authorities concerning shipping on U.S. vessels and the use of excess property in furnishing assistance. (Sec. 8405) Sets forth conditions on the transfer of excess defense articles. (Sec. 8407) Authorizes the President to designate countries in which a stockpile may be located. Chapter 5: Personnel and Administrative Expenses - Subchapter A: General - Authorizes the President to appoint 12 officers in AID. (Sec. 8502) Sets forth provisions regarding: (1) the employment of personnel; (2) the use of experts and consultants; and (3) the detail of personnel to foreign governments and international organizations. (Sec. 8511) Authorizes AID to expend funds in advance of appropriations in an amount sufficient to maintain operations at posts abroad for up to three days. Subchapter B: Overseas Management of Assistance and Sales Programs Administered Through the Department of Defense - Authorizes the President to detail members of the armed forces to foreign countries to perform certain functions for the management and sales programs administered through DOD under this Act and the Arms Export Control Act. (Sec. 8521) Requires advisory and training assistance by members of the armed forces to be kept to an absolute minimum. Subchapter C: Administrative Provisions for the Trade and Development Agency - Incorporates certain existing provisions concerning the Trade and Development Agency. Subchapter D: Administrative Provisions for the Overseas Private Investment Corporation - Incorporates certain existing administrative provisions for OPIC. Subchapter E: Definitions and Miscellaneous Provisions - Sets forth specified definitions. Title IX: Technical and Conforming Provisions - States that this Act shall take effect on October 1, 1994. (Sec. 9103) Incorporates certain existing provisions concerning: (1) the Federal Act of State doctrine; (2) accounting and valuation of foreign currencies and expropriated property; and (3) participation in foreign police actions. (Sec. 9104) Makes conforming amendments and repeals specified laws.
United States · United States Congress · 22 February 1994
Repeals the substantiation requirement for the deduction of certain charitable contributions as added to the Internal Revenue Code by the Revenue Reconciliation Act of 1993 (title XIII of the Omnibus Budget Reconciliation Act of 1993).
United States · United States Congress · 22 February 1994
Amends rule XXI of the Rules of the House of Representatives to make it out of order to consider any measure appropriating amounts for salaries and expenses of the House unless such measure: (1) prohibits availability of any such amount for obligation for that purpose after the end of the fiscal year for which the amount is appropriated; and (2) requires that any such amount not so obligated be used for open-market purchase of outstanding interest-bearing obligations of the Government.
United States · United States Congress · 11 February 1994
Foster Care Living Arrangements Act of 1994 - Amends the Internal Revenue Code to provide that for purposes of excluding foster care payments from gross income, the foster care provider's home includes shared living arrangements under which the foster individual owns or leases the home in which the foster care provider principally resides.
United States · United States Congress · 10 February 1994
TABLE OF CONTENTS: Title I: Saving the Taxpayers Money Subtitle A: Specific Spending Cuts Subtitle B: Reducing the Size of Government Subtitle C: Eliminating Government Printing Monopoly Title II: Streamlining the Federal Bureaucracy Subtitle A: Department of Agriculture Reorganization Subtitle B: Procurement Streamlining Subtitle C: Other Streamlining Reforms Title III: Improving Government Performance and Accountability Title IV: Improving the Legislative Process Title V: Enforcement Government Downsizing, Performance, and Accountability Act of 1994 - Title I: Saving The Taxpayers Money - Subtitle A: Specific Spending Cuts - Rescinds 7.5 percent of remaining FY 1994 appropriations for the legislative branch (except the House of Representatives and the Executive Office of the President). (Sec. 1003) Amends the Legislative Reorganization Act of 1946 to limit annual cost of living adjustments (COLAs) for Members of Congress to those for other Federal employees. (Sec. 1004) Rescinds certain FY 1994 appropriations to provide for reductions in FY 1994 budgetary outlays for, and thereafter through FY 1996 sets general obligational limits on, various specified agency administrative expenses (except Department of Defense (DOD) and other specified expenses), as determined by the Director of the Office of Management and Budget (OMB). (Sec. 1005) Makes specified rescissions in current FY 1994 appropriations for: (1) the Agency for International Development's (AID) Development Assistance Fund; (2) Department of State Diplomatic and Consular Programs; and (3) salaries and expenses of the United States Information Agency (USIA) and USIA's North/South Center. (Sec. 1006) Raises the minimum threshold for application of the prevailing wage requirements of the Davis-Bacon Act from $2,000 to $100,000 for Federal or District of Columbia contracts within the geographical limits of the 48 contiguous States. Prohibits artificially splitting contracts above the $100,000 threshold into contracts smaller than $100,000 for the purpose of evading such Act. (Sec. 1007) Permits the use of funds under the Department of Labor Appropriations Act, 1994 to implement or administer certain regulations pertaining to utilization of helpers on Federal construction projects subject to the Davis-Bacon Act. (Sec. 1008) Amends the National Foundation on the Arts and the Humanities Act of 1965 to phase-in through FY 1998 a ten percent reduction in Federal funding for the National Endowments for the Arts and the Humanities. Requires a phase-in of eight percent funding reductions for the Smithsonian Institution, the National Gallery of Art, and Corporation for Public Broadcasting. (Sec. 1009) Places a one-year moratorium on construction of new Federal buildings and agency leasing of building space, except construction of buildings primarily used for education, and certain pending projects. Rescinds a specified amount of FY 1994 obligational authority from the Federal Buildings Fund for new construction and acquisitions. (Sec. 1010) Makes specified rescissions of FY 1994 funding for: (1) the Appalachian Regional Commission; (2) the Legal Services Corporation; (3) community development block grant programs; (4) the Tennessee Valley Authority; (5) public housing; (6) the Economic Development Administration; (7) the International Developmental Association (IDA); (8) the International Bank for Reconstruction and Development; and (9) United Nations (UN) peacekeeping. (Sec. 1012) Amends the Housing and Community Development Act of 1974 to reauthorize at slightly increased levels and extend through FY 1998 the community development grant program for States, local governments, and Indian tribes. (Sec. 1014) Replaces programs providing Federal assistance for the construction of new non-Indian-related public housing with a tenant-based voucher assistance program. (Sec. 1016) Expands the program which assists Federal employees permanently disabled on the job in order to help them find new employment. Authorizes the Secretary of Labor to expand the Federal Employees' Compensation Act Periodic Roll Management Projects to all offices of the Department of Labor's Office of Workers' Compensation Program. Amends the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1994 to impose limitations on the availability of funding for the IDA in FY 1994 and 1995. (Sec. 1018) Amends the National Energy Conservation Policy Act to allow the use of any cogeneration process for other than federally owned buildings or other federally owned facilities when entering into contracts for achieving energy savings at Federal agencies. (Sec. 1019) Amends the National Housing Act to revise mortgage refinancing provisions to authorize the Secretary of the Department of Housing and Urban Development (HUD) to use amounts recaptured under such provisions for the refinancing incentives and costs payments authorized under them. Subtitle B: Reducing the Size of Government - Alaska Power Administration Sale Authorization Act - Authorizes the Secretary of Energy, in accordance with specified purchase agreements, to sell: (1) the Snettisham Hydroelectric Project to Alaska; and (2) the Eklutna Hydroelectric Project to the Anchorage Municipal Light and Power, the Chugach Electric Association, Inc., and the Matanuska Electric Association, Inc. (Sec. 1101) Directs the Secretary to: (1) close out the Alaska Power Administration; (2) report to the Congress on the sales; and (3) return to the Treasury unused balances of funds appropriated for the Alaska Power Administration. Repeals specified Federal law concerning water resources investigations in Alaska by the Secretary of the Interior. (Sec. 1102) Rescinds a specified amount of funds available for the National Oceanic and Atmospheric Administration fleet for research. (Sec. 1103) Directs the Secretary of Veterans Affairs to phase-out and close certain Department of Veterans Affairs supply depots in New Jersey, Illinois, and California and transfer funding back to the Treasury. (Sec. 1104) Repeals the State Justice Institute Act of 1984, thereby terminating the State Justice Institute. Rescinds half the FY 1994 appropriations for salaries and expenses of the State Justice Institute. (Sec. 1105) Eliminates the National Small Business Tree Planting Program. (Sec. 1106) Amends Federal law to: (1) permit DOD to contract for certain non-core functions such as data processing, billing, and payroll; (2) authorize appropriations out of a special fund credited with a portion of the delinquent debts collected in order to improve debt collection activities; (3) allow the U.S. Customs Service to utilize private debt collection companies; (4) subject the Internal Revenue Service, the Social Security Administration, and the U.S. Customs Service to statutorily prescribed debt collection reporting requirements; and (5) repeal requirements pertaining to Department of Justice contracting for private legal services in connection with indebtedness cases. Subtitle C: Eliminating Government Printing Monopoly - Government Information Dissemination and Printing Improvement Act of 1994 - Transfers the position of Superintendent of Documents (SD) and all its functions to the Library of Congress, to be carried out by an official of the same title under the direction of the Librarian of Congress. (Sec. 1202) Revokes all existing authorized printing plant charters. (Sec. 1203) Requires all Government publications to be available for use throughout the Government. (Sec. 1204) Requires each department, agency, and other entity of the Government to: (1) establish a comprehensive inventory of its publications; (2) make it available via the electronic directory; and (3) furnish its publications to the SD. (Sec. 1205) Imposes additional specified responsibilities on the: (1) Public Printer with respect to the executive and judicial branches; and (2) SD with respect to dissemination of Government publications. (Sec. 1206) Requires the head of a Government department, agency, or entity to furnish any of its publications to the SD. (Sec. 1207) Requires the SD to make Government publications available to designated depository libraries and State libraries. Title II: Streamlining The Federal Bureaucracy - Subtitle A: Department of Agriculture Reorganization - Directs the Secretary of Agriculture to: (1) consolidate field, regional, and national offices within the Department of Agriculture; and (2) reduce personnel in order to achieve a specified expenditure reduction by FY 2000. Subtitle B: Procurement Streamlining - Replaces armed forces provisions giving preference to nondevelopmental items in supply procurements with provisions for the acquisition of commercial items (property regularly used by the general public or non-governmental entities for non-governmental purposes) in equipment or supply procurements. Authorizes the Secretary of Defense to develop and acquire non-commercial equipment or supplies only if no commercial items are available. Makes cost accounting standards under the Office of Federal Procurement Policy Act (OFPPA) inapplicable to acquisitions of commercial items. (Sec. 2052) Amends the Federal Property and Administrative Services Act of 1949 (FPASA) to make similar changes with respect to civilian agency acquisitions. (Sec. 2061) Amends OFPPA to raise the small purchase threshold (renamed the simplified acquisition threshold (SAT)) to $100,000. Makes the same change with regard to armed services acquisitions, except with regard to the contingency operation exception for certain contracts and purchases. Extends the new threshold under OFPPA to FPASA. (Sec. 2066) Requires simplified procedures under the Federal Acquisition Regulation (FAR) for SAT acquisitions. (Sec. 2068) Amends OFPPA and the Small Business Act to: (1) repeal references to "the small purchase threshold" and continue existing notice thresholds for procurements over $25,000 (except that the requirement to allow 30 days for bid and proposal submission would apply only to contracts or orders in excess of SAT); and (2) prescribe additional contents for notices with respect to contracts between $25,000 and $100,000. (Sec. 2071) Exempts: (1) subject agency (National Aeronautics and Space Administration, Coast Guard, DOD, and respective military departments) contracts below SAT from contingent fee certifications, prohibitions on limiting subcontractor direct sales and doing business with certain contractors, and requirements for audits, supplier and supply source identification, and use of U.S. vessels for supply transportation; (2) civilian agency contracts below SAT from similar requirements with regard to subcontractor direct sales; (3) prime contracts below SAT from procedural and other requirements of the Anti-Kickback Act of 1986; and (4) contracts below SAT from the Miller Act (MA), the Contract Work Hours and Safety Standards Act, Service Contract Act of 1965, and Drug-Free Workplace Act of 1988, requirements regarding certain disabled veterans, and specified requirements under the Rehabilitation Act of 1973, Buy American Act, and Davis-Bacon Act. Requires the FAR to provide various alternative payment protections, including payment bonds, for suppliers of labor and materials on certain contracts under MA. (Sec. 2081) Requires the Federal Acquisition Regulatory Council to review the FAR to identify and amend regulations applicable to acquisitions below SAT. Requires agency heads to take similar action with respect to applicable supplemental regulations, policies, and procedures. Subtitle C: Other Streamlining Reforms - Amends the Copeland Act to require employers on contracts covered by the Davis-Bacon Act to certify compliance with applicable labor law standards at least once monthly, instead of weekly, to the Department of Labor. (Sec. 2102) Consolidates into the Block Grants to States for Social Services program under title XX of the Social Security Act (SSA) various social services programs under the Community Services Block Grant Act, the Child Care and Development Block Grant Act of 1990, titles III (Grants for State and Community Programs on Aging) and VII (Nutrition Program for the Elderly) of the Older Americans Act of 1965, the State Dependent Care Development Grants Act, and the SSA title IV part A (Aid to Families With Dependent Children) program for at-risk children. (Sec. 2103) Amends SSA title XVIII (Medicare) to revise the contractor system under Medicare, including eliminating the Railroad Retirement Board's authority to contract for processing the Medicare claims of railroad retirees, in order to provide for increased flexibility in contracting for Medicare claims processing. (Sec. 2104) Amends SSA title II (Old Age, Survivors and Disability Insurance) to restructure the current program for death information exchange: (1) to use, for example, a Federal Clearinghouse on Death Information as the vehicle for all such exchanges; and (2) in the case of individuals with respect to whom federally funded benefits are provided by (or through) a Federal or State agency other than under SSA, to require such agency to pay a set fee to cover all costs connected with the provision of such information for them. Ends the exemption from Internal Revenue Code requirements for Social Security Administration sharing of State collected death information with Federal, State, and local agencies granted to two States under the Omnibus Budget Reconciliation Act of 1993. (Sec. 2105) Amends SSA title II to earmark specified levels of administrative funding for continuing disability reviews of disabled beneficiaries. (Sec. 2106) Amends SSA title XI to authorize the Secretary of Veterans Affairs (VA) to use the Medicare and Medicaid Coverage Data Bank (renamed the Health Care Coverage Data Bank) to determine whether veterans receiving VA health care benefits have private insurance. (Sec. 2107) Amends the Housing and Community Development Amendments of 1978 to revise requirements for the management and disposition of Department of Housing and Urban Development (HUD)-held multifamily properties and mortgages. Title III: Improving Government Performance and Accountability - Requires that all authorization and appropriation legislation contain performance goals for any programs they fund. Provides for waivers from such requirement under certain conditions. (Sec. 3002) Amends Federal civil service law to: (1) link Federal within-grade pay increases to job performance; (2) provide for the modification of reduction-in-force (RIF) regulations to give an employee's efficiency or performance rating greater weight than tenure of employment and length of service during a RIF. (Sec. 3003) Requires the Federal Accounting Standards Advisory Board to recommend comprehensive and uniform Federal accounting and financial standards to the Congress and the President. (Sec. 3005) Revises current law regarding annual agency financial statements and agency audits, with changes requiring audited statements covering all accounts and associated activities of each office, bureau, and activity of the concerned agency. (Sec. 3006) Amends the Federal Employees' Compensation Act (FECA) to: (1) make it a felony to lie on FECA benefit applications; (2) bar from FECA program participation those individuals convicted of defrauding it; and (3) generally cut off FECA benefits to individuals in correctional facilities who have been convicted of a felony. (Sec. 3007) Allows Federal agencies to reduce employees or positions below mandated personnel levels. Title IV: Improving the Legislative Process - Amends the Congressional Budget and Impoundment Control Act of 1974 to require that each line-item in an appropriations bill and each tax expenditure in a revenue bill be enrolled as a separate bill to be presented to the President (effectively giving the President line-item veto authority over such measures while ensuring that the override provisions of the U.S. Constitution apply). (Sec. 4002) Amends rule XVI of the Standing Rules of the Senate to allow a point of order against reception or consideration of any appropriations bill or amendment containing a provision that has not been previously authorized by law within the preceding five years. (Sec. 4003) Amends the Congressional Budget Act of 1974 to make congressional consideration of emergency legislation subject to the same budgetary points of order and super-majority waiver requirements as other legislation. Title V: Enforcement - Provides that none of the changes in direct spending and receipts resulting from this Act shall be reflected in OMB estimates under the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act). Directs the Director of OMB, upon enactment of this Act, to make specified downward adjustments in discretionary spending limits under the Congressional Budget Act of 1974 for FY 1994 through 1999. Makes specified reductions in budget outlays and authority for the House and Senate Committees on Appropriations under the Congressional Budget Act of 1974. Authorizes and directs each Committee on Appropriations to adjust its suballocations among its subcommittees for FY 1994 to reflect the lower allocations provided above. Amends the Congressional Budget Act of 1974 and the Gramm-Rudman-Hollings Act to provide for the establishment of a defense firewall through FY 1998.
United States · United States Congress · 10 February 1994
Amends the District of Columbia Self-Government and Governmental Reorganization Act to: (1) include within the legislative power of the District of Columbia the power to subject the income of the Federal National Mortgage Association (FNMA), the Federal Home Loan Mortgage Corporation (FHLMC), and the Student Loan Marketing Association (SLMA) to taxation for any taxable year, beginning with 1994; and (2) require FNMA to maintain its principal office in the District. Directs the Mayor to study and report to specified congressional committees on the economic impact on the District of the activities of the FNMA, FHLMC, and SLMA, including an analysis of the potential effects on District revenues of permitting the District to subject such enterprises to taxation.
United States · United States Congress · 10 February 1994
Amends the Internal Revenue Code to eliminate the tax penalty on married individuals.
United States · United States Congress · 9 February 1994
Gun Exchange Tax Incentive Act of 1994 - Amends the Internal Revenue Code to allow an itemized tax deduction for charitable contributions of property under qualified gun exchange programs. Directs the Attorney General to develop a written model program for business-sponsored gun exchange programs.
United States · United States Congress · 9 February 1994
United States Passenger Vessel Development Tax Act - Amends the Merchant Marine Act, 1936 to include U.S. documented passenger vessels in all domestic trades in the capital construction fund (CCF) program in order to encourage investment in the replacement of such vessels with U.S. constructed and documented vessels. Makes a passenger vessel with an interim coastwise passenger trade endorsement eligible for the CCF program. Sets forth a formula for the calculation of tax on earnings, including capital gains, derived from investments made with amounts from passenger vessel funds. Sets forth provisions regarding: (1) the tax treatment of qualified withdrawals from such funds for certain passenger vessel lease payments; (2) computation of interest with respect to nonqualified withdrawals from the fund; (3) inclusion of passenger vessel design and engineering costs as a permissible qualified withdrawal from the fund; (4) inclusion of income-producing assets, including accounts receivable, as permissible investments for such funds; and (5) tax treatment on interim certificate vessel deposits in and withdrawals from the fund which are not committed to new vessel construction. (Sec. 4) Amends the Internal Revenue Code to set forth similar provisions. (Sec. 5) Provides a three-year recovery period for the depreciation deduction on eligible passenger vessels. (Sec. 6) Modifies requirements governing the deductibility of expenses related to an individual's attendance at conventions, seminars, or other meetings held on cruise ships as a business expense. Requires only the home port of such a ship (currently all ports) to be in the United States or a U.S. possession. Repeals the $2,000 limitation on the deductibility of such expenses. Reduces the number of reporting requirements for such deduction. Provides that for deduction purposes, certain interim documentation of a vessel shall be treated as registration in the United States. (Sec. 7) Permits an employer to take a tax credit of ten percent of a travel reward (up to $200) paid to an employee for travel on domestic cruise ships. Limits the deductible travel expenses incurred by a taxpayer for foreign cruise ship transportation to 90 percent of the otherwise allowable expenses.
United States · United States Congress · 9 February 1994
Amends the Internal Revenue Code to allow certain corporations and additional trusts to be shareholders of subchapter S corporations (small businesses).
United States · United States Congress · 9 February 1994
Amends the Internal Revenue Code to allow employers the targeted jobs credit for hiring unemployment compensation recipients if such recipients work for at least six months.
United States · United States Congress · 9 February 1994
Constitutional Amendment - Grants the President item veto authority with respect to legislation concerning appropriations, contract authority, or tax changes.
United States · United States Congress · 9 February 1994
Amends rule XI of the Rules of the House of Representatives to require each committee report on each authorization or revenue bill or joint resolution of a public character to contain a detailed analytical statement prepared by the Director of the Congressional Budget Office of the estimated impact of that bill or joint resolution on public and private sector employment over a five-fiscal year period.
United States · United States Congress · 8 February 1994
Rural Community Wastewater Treatment Affordability Act of 1994 - Amends the Federal Water Pollution Control Act to make activities involving the acquisition of lands, easements, and rights-of-way necessary for construction of publicly owned treatment works eligible for assistance from State revolving loan funds (SRFs). Makes certain nonprofit associations and other entities eligible for wastewater treatment and supply services under the Consolidated Farm and Rural Development Act eligible for SRF assistance as well. Adds to the list of conditions that a State must meet to receive a capitalization grant that the State will encourage the use of innovative and cost-effective technologies in the construction of treatment works financed with SRF assistance. Requires loans made from SRFs to be made to rural and disadvantaged communities at or below market interest rates for terms of up to 40 years or the useful life of the project being financed, whichever is earlier. Permits up to 15 percent of all loans made from an SRF to be used for negative-interest loans to rural and disadvantaged communities. Allows SRFs to be used to make grants to such communities for up to 75 percent of planning and predevelopment costs incurred with respect to construction or improvement of treatment works without regard to whether actual construction is carried out. Limits amounts available for grants per fiscal year. Authorizes the Administrator of the Environmental Protection Agency to make grants to the National Rural Water Association, the Rural Community Assistance Program, the Small Flows Clearinghouse, and other qualified organizations to provide training and technical assistance to rural and disadvantaged communities with respect to the planning, construction, and operation of treatment works. Authorizes appropriations.
United States · United States Congress · 8 February 1994
Amends the Internal Revenue Code to eliminate the ten percent adjusted gross income threshold for casualty loss deductions.
United States · United States Congress · 8 February 1994
Calls for: (1) criminal background checks for all prospective employees or volunteers of State-licensed or tax-funded organizations that interact with children; (2) an adult convicted of, or a child adjudicated as a delinquent for, a child-related sex offense to register a current address with the local law enforcement agency (LEA); (3) courts to require such persons to register with a local LEA as a condition of probation; (4) criminal penalties for failing to register and for violating confidentiality requirements regarding the release of information obtained through such registration; (5) LEAs to submit information on individuals convicted of such offenses to the national criminal history background check system and to access the Federal Bureau of Investigation database for criminal background checks on employees, or volunteers in State-licensed or federally funded organizations that interact with children; (6) the police, upon request, to release information on whether a person has been convicted of an offense if the convicted person lives in the same county as the person making the request; (7) a child care institution, foster family home, group home, or child placing agency to be prohibited from hiring an employee or utilizing a volunteer convicted of such an offense; (8) anyone applying for employment with a school to undergo a mandatory criminal history check; (9) a school to be prohibited from hiring or retaining a person known to have committed such an offense; (10) the State board of education to be prohibited from issuing a teaching license to a person convicted of an offense and to revoke a teacher's license permanently if the teacher is convicted of such an offense; and (11) in the case of an arrest or filing of charges for such offense, an LEA or prosecuting attorney to be required to notify the school superintendent regarding the arrest or filing of charges for such an offense against a person known to be employed by such school.
United States · United States Congress · 7 February 1994
TABLE OF CONTENTS: Title I: Community Participation and Human Health Title II: State Roles Title III: Voluntary Response Title IV: Liability and Allocation Title V: Remedy Selection and Cleanup Standards Title VI: Miscellaneous Title VII: Funding Title VIII: Environmental Insurance Resolution Fund Title IX: Taxes Superfund Reform Act of 1994 - Title I: Community Participation and Human Health - Amends the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) to direct the President to provide for community involvement in each significant phase of response activities taken under this Act. (Sec. 103) Requires the President to provide the opportunity to establish a representative public forum, known as a Community Working Group (CWG), to achieve direct and regular consultation with community members throughout all stages of a response action. Requires a CWG to serve as a facility information clearinghouse for the community and authorizes a CWG to offer recommendations to the President on anticipated future land uses. (Sec. 104) Directs the Administrator of the Environmental Protection Agency (Administrator) to ensure that an independent Citizen Information and Access Office is established in each State and on each tribal land affected by a National Priorities List (NPL) facility. (Sec. 106) Requires the Administrator to select at least ten demonstration projects to be implemented over a five-year period that relate to the assessment and management of, and response to, multiple sources of risk in and around designated facilities. Directs the Administrator, if a distinct pattern of adverse health effects is identified in the surrounding community, to consider additional health benefits for the community. Provides for demonstration projects in locations that coincide with areas identified as empowerment zones under the Omnibus Budget Reconciliation Act of 1994. (Sec. 107) Includes standards and procedures for assessing risks posed by the release or threatened release of hazardous substances, pollutants, or contaminants in the list of required elements of the national hazardous substance response plan. (Sec. 114) Requires the Agency for Toxic Substances and Disease Registry (ATSDR) Administrator to develop and distribute educational materials on human health effects of hazardous substances to the public. (Sec. 115) Authorizes the ATSDR Administrator to provide grant or contract assistance to individuals who may be affected by releases or threatened releases when: (1) a public health assessment or related health activity is conducted at a facility on the NPL; or (2) a release is being evaluated for inclusion on the NPL. Title II: State Roles - Authorizes States to apply to the Administrator to carry out response actions and enforcement activities at all facilities listed or proposed for listing on the NPL. Makes this authority inapplicable with respect to Federal facilities listed on the NPL if an interagency agreement for such a facility has been entered into. Grants a State such authority if it possesses the legal authority, technical capability, and resources necessary to conduct response actions in a manner consistent with this Act. Makes such States eligible for response action financing from the Hazardous Substance Superfund (Superfund). Requires States to pay 15 percent of the costs of all response actions and program support or other costs for which the State receives funds from Superfund. Makes such cost-sharing requirement inapplicable to Indian tribes. (Sec. 201) Authorizes a State to select a response action that achieves a level of cleanup that is more stringent than required if it agrees to pay for the incremental increase in response cost attributable to achieving the more stringent level. Provides for the retention of the President's authority to take response actions at facilities listed or proposed for listing on the NPL that are not being addressed by States. (Sec. 206) Provides for public notice and comment before a facility is to be listed on the NPL. Authorizes persons to request a facility to be listed on, or removed from, the NPL. Title III: Voluntary Response - Directs the Administrator to establish a program to provide assistance to the States to establish and expand voluntary response programs. Makes this title applicable to facilities at which a release or threat of release of a hazardous substance, pollutant, or contaminant has occurred. Excludes certain facilities. (Sec. 303) Requires the Administrator to establish a program to provide assistance to municipalities to conduct site characterizations for facilities at which voluntary response actions are being conducted or proposed. Title IV: Liability and Allocation - Authorizes the President to issue administrative subpoenas to require the attendance and testimony of witnesses and production of information regarding response actions. Revises confidentiality requirements with respect to such information. (Sec. 403) Absolves of liability for response actions a person who does not impede a response action or natural resource restoration to the extent liability is based solely on: (1) arrangement, transportation, or acceptance provisions relating to the disposal or treatment of hazardous substances and such activities involved fewer than 500 pounds of municipal solid waste (MSW) or sewage sludge or such amount as the Administrator may determine; (2) such provisions and such activities involved fewer than ten pounds or liters of materials containing hazardous substances, pollutants, or contaminants or such amount as the Administrator may determine; (3) ownership or operation of a vessel or facility and the person is a bona fide prospective purchaser of the facility; (4) ownership by a Federal agency and activities that resulted in a release occurred prior to 1976, the activities were pursuant to a statutory authority, the agency did not cause or contribute to the release, and there are other persons who are potentially liable and fully capable of performing or financing the response action; or (5) ownership by a Federal, State, or local entity of a road or other right of way over which hazardous substances are transported or on the granting of a license or a permit to conduct business. Makes persons who are solely liable under arrangement, transportation, or acceptance provisions regarding disposal or treatment of hazardous substances liable for no more than ten percent of total response costs if such activities only involved MSW or sewage sludge. Applies such limitation only if: (1) acts or omissions giving rise to liability occurred before the date 36 months after enactment of this Act or the person asserting the limitation participates in a qualified household hazardous waste collection program; and (2) the disposal did not occur on lands owned by the United States or on tribal land. Grants the United States a lien upon a facility for unrecovered response costs that inure to the benefit of a potential purchaser. Confers the right of contribution protection on a Federal agency when such agency resolves its share of liability, including liability for all penalties and fines. Applies State laws respecting liability for releases at non-Federal facilities to Federal agencies when such facilities are referred to a State pursuant to this Act or are part of a State-authorized program. Bars immunity for Federal employees from processes or sanctions of State or Federal courts with respect to enforcement of this Act. Entitles the United States to remove any action filed in State court against a Federal agency or employee to the appropriate Federal district court. Absolves Federal employees of personal liability for civil or administrative penalties for acts or omissions within the scope of official duties. (Sec. 404) Makes persons liable under CERCLA liable for other necessary costs of response incurred by any other person, other than the United States, a State, or an Indian tribe (currently, any other person). (Sec. 405) Authorizes adversely affected persons (currently, interested persons) to file petitions for the review of regulations promulgated under CERCLA. Revises contribution provisions to require an action by a potentially responsible party (PRP) against another PRP for recovery of any response costs or damages to be commenced within the later of: (1) three years after completion of a removal action or within six years after initiation of physical on-site construction of the remedial action; or (2) three years after the date of judgment in any action for recovery or the date of any administrative order or judicial settlement for recovery of costs or damages. (Sec. 406) Limits the right to seek contribution from other potentially liable parties where: (1) the person asserting the right has waived such rights in a settlement; (2) the person from whom the contribution is sought is liable solely under provisions regarding arrangement or transportation of hazardous substances for treatment or disposal and contributed fewer than ten pounds or liters of material containing hazardous substances or such amount as the Administrator may determine; or (3) the person from whom the contribution is sought has entered into a final settlement with the United States. Makes any person who commences a contribution action against a person who is not liable pursuant to limitations set forth in this Act or is protected from suits liable to the person against whom the claim is brought for reasonable costs of defending against the claim. Provides that a person who has resolved liability to a State in an administrative or judicially approved settlement shall not be liable for claims to persons other than the United States regarding response costs for damages addressed in the settlement. Provides the same protection for persons who have resolved liability to the United States. Includes protection against all claims that may be asserted against the settling party for recovery of costs or damages paid by another person if addressed in the settlement, except claims based on contractual indemnification. (Sec. 408) Removes provisions regarding guidelines for preliminary allocations of responsibility. Requires (currently, authorizes) the President to offer PRPs (currently, any person) who enter into settlement agreements a final covenant not to sue concerning liability to the United States for response actions or costs, provided that: (1) the settling party agrees to perform a final remedial action for the release that is the subject of the settlement; (2) the agreement has been reached prior to the commencement of litigation against the settling party; (3) the settling party waives all contribution rights against other PRPs at the facility; and (4) the settling party pays a premium that compensates for the risks of remedy failure, unanticipated increases in the cost of any uncompleted action (unless the party is performing the action), and the U.S. litigation risk with respect to persons who have not resolved liability to the United States unless the settlement covers 100 percent of U.S. response costs. Authorizes the President, for all other settlements, to provide any person with a covenant not to sue concerning any liability to the United States if the covenant not to sue is in the public interest. Adds the following to the list of conditions that a PRP must meet in order to be eligible for an expedited settlement: (1) liability must be based solely on provisions regarding arrangement, transportation, or acceptance of MSW or sewage sludge for treatment or disposal; and (2) the PRP must be a small business or a municipality that has demonstrated a limited ability to pay response costs. (Sec. 409) Requires the President to initiate a specified allocation of liability process for remedial actions at multi-party facilities. Establishes a moratorium on the commencement of liability actions regarding response actions for which allocations must be performed or have been initiated. Sets forth allocation procedures, including notice to PRPs and selection of an allocator. Requires the allocator, if the allocation parties do not agree to a negotiated allocation of shares, to prepare a report with a nonbinding, equitable allocation of percentage shares for the facility based on factors including: (1) the amount of hazardous substances contributed by each party; (2) the degree of toxicity and mobility of substances contributed by each party; (3) the degree of involvement of each party in the generation, transportation, treatment, storage, or disposal of the hazardous substance; (4) the degree of care exercised by each party with respect to the substance; and (5) the cooperation of each party in contributing to the response action and providing information. Authorizes the allocator to determine that a percentage share is specifically attributable to an orphan share. Limits orphan shares to specified cases, including shares attributable to identified but insolvent responsible parties who are not affiliated with another allocation party. Requires shares that cannot be attributed to any party to be allocated among the allocation parties. Provides for reimbursements from Superfund to eligible parties for costs attributable to orphan shares. Authorizes the Administrator and the Attorney General to determine not to settle on the basis of the allocator's allocation. Requires settlements based on allocated shares to include: (1) a waiver of contribution rights against all PRPs for the response action; (2) covenants not to sue and provisions regarding performance of such actions; (3) a premium that compensates for the U.S. litigation risk with respect to PRPs who have not resolved liability to the United States, except in cases where the settlement covers 100 percent of costs; (4) contribution protection; and (5) provisions for reimbursement from Superfund for any response costs incurred in excess of the allocated share. Authorizes the United States to commence a liability action against any person who has not resolved liability following allocation on or after 60 days following issuance of the allocator's report. Makes PRPs liable for the unrecovered response costs in such actions. Requires the Administrator and the Attorney General to issue guidelines to ensure that relief sought against de minimis parties under principles of joint and several liability will not be grossly disproportionate to their contribution to the facility. Restricts the admissibility in court of the allocator's report with respect to claims brought by or against the United States, except in its capacity as a nonsettling PRP or for the determination of liability. Title V: Remedy Selection and Cleanup Standards - Revises provisions regarding the degree of cleanup required under remedial actions. Directs the Administrator to promulgate national goals to be applied at all facilities and national generic cleanup levels for specific hazardous substances, pollutants, or contaminants that: (1) reflect reasonably anticipated future land uses; (2) reflect other variables which can be easily measured at a facility and whose effects are scientifically well-understood to vary on a site-specific basis; and (3) represent concentration levels below which a response action is not required. Authorizes the Administrator to rely on a site-specific risk assessment to determine the proper level of cleanup if a national generic cleanup level has not been developed or to account for particular characteristics of a facility. (Sec. 502) Requires remedial actions to comply with substantive requirements of Federal and State laws and standards. Authorizes the President to select a remedial action that does not attain a level of control equivalent to such standards under certain conditions. (Sec. 503) Revises general rules for remedial actions. Requires the President to establish cost-effective generic remedies for categories of facilities. (Sec. 504) Permits a State to enforce only those Federal and State requirements to which the Administrator has determined the remedial action is required to conform. (Sec. 505) Removes a condition on the President's authority to acquire property needed to conduct a response action that requires the State in which the property is located to agree to accept transfer of the property when the action is completed. (Sec. 506) Alters the criteria for the continuance of obligations for removal actions to provide that actions shall not continue after $6 million (currently, $2 million) has been obligated or three years (currently, 12 months) has elapsed from the date of initial response to a release or threatened release of hazardous substances. Title VI: Miscellaneous - Exempts a Federal agency from actions required for Federal facilities under CERCLA, with the exception of certain reporting requirements, if the agency owned or operated a facility over which it exercised no regulatory or other control over activities that resulted in a release of a hazardous substance if: (1) no Federal agency was the primary or sole source or cause of such release; (2) the activities resulting in the release were pursuant to statutory authority and occurred prior to 1976; and (3) the persons primarily responsible for the release are financially viable and capable of performing or financing the response action. (Sec. 604) Authorizes the Administrator, in order to achieve required levels of response, to reimburse up to 50 percent of response costs incurred by a potentially liable party that employs an alternative or innovative technology that fails to achieve the required level. (Sec. 605) Includes a trust or estate within the definition of "owner or operator" for purposes of determining liability under CERCLA. Excludes from such definition: (1) a person who holds title to a vessel or facility solely in the capacity as fiduciary, provided that the person does not participate in management operations that result in a release of hazardous substances and complies with other requirements; or (2) the United States, a Federal agency, or a conservator or receiver appointed by a Federal agency which acquired ownership of a facility or vessel in connection with receivership, conservatorship, forfeiture, or seizure authority or pursuant to an Act of the Congress provided such entity does not participate in operations that result in a release. Title VII: Funding - Extends the authorization of appropriations to carry out specified Superfund authorities through FY 1999. Title VIII: Environmental Insurance Resolution Fund - Environmental Insurance Resolution and Equity Act of 1994 - Establishes the Environmental Insurance Resolution Fund to provide for the resolution of disputes between certain PRPs and their insurers. Describes eligible persons, costs, and sites. (Sec. 802) Directs eligible persons that accept Fund resolutions to waive existing and future claims against an insurer for eligible costs. Requires the Fund to make pre- and post-resolution payments to eligible persons who accept a resolution. Makes any eligible person who litigates a claim and obtains a judgment that is less favorable than the resolution offered by the Fund liable to the insurer for 20 percent of reasonable legal fees incurred in the litigation. Provides for Fund reimbursements of certain costs incurred by insurers in cases where a person rejected a resolution and obtained a final judgment against an insurer. Deems payments made by the Fund pursuant to a resolution offer to be payments made by an insurer. (Sec. 804) Provides that this title acts as a stay of all pending litigation regarding claims for indemnity or arising from insurance coverage for eligible costs. Bars stays of litigation after May 31, 2000. (Sec. 805) Terminates the Fund's authority to: (1) accept requests for resolution after FY 1999; and (2) offer resolutions after March 31, 2000. Title IX: Taxes - Amends the Internal Revenue Code to extend the applicability of the environmental tax to tax years before January 1, 2001 (currently, 1996). Extends certain provisions regarding the Superfund financing rate. (Sec. 903) Requires all expenditures of the Resolution Fund to be paid out of fees and assessments imposed by the Internal Revenue Code. Exempts the Fund from Federal, State, and local taxation.