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1 | TITLE I--FEDERAL TORT CLAIMS AMENDMENTS
SEC. 101. REMEDY FOR UNLAWFUL HUMAN EXPERIMENTATION.
Chapter 171 of title 28, United States Code, is amended by
inserting after section 2680 the following:
``Sec. 2681. Human Experimentation
``Section 2680 shall not apply to--
``(1) any claim arising out of conduct or research
involving a human being as an experimental subject without the
informed consent of the subject or a legal representative of
the subject; or
``(2) any claim arising out of the subjection of a human
being to any experimental chemical, radiological, or biological
agent, drug, or other test article without the informed consent
of the human subject or a legal representative of the subject.
``Sec. 2682. Nuclear Weapons Facility Operations.
``Section 2680 shall not apply to any claim arising out of
operations of any federally owned nuclear weapons facility involved in
the production of nuclear weapons under the authority of the Secretary
of Energy or any predecessor which had such authority.''.
SEC. 102. CONFORMING AMENDMENT.
The table of contents for such chapter 171 is amended by adding
after the item relating to section 2680 the following:
``2681. Human experimentation.
``2682. Nuclear weapons facility operations.''.
TITLE II--CONSTITUTIONAL AND HUMAN RIGHTS VIOLATIONS
SEC. 201. JURISDICTION OF DISTRICT COURTS.
Section 1346(b) of title 28, United States Code, is amended--
(1) by inserting ``(1)'' after ``(b)'';
(2) by adding at the end thereof the following new
paragraph:
``(2) Subject to the provisions of chapter 172, the district courts
shall have exclusive jurisdiction of civil actions on claims for money
damages based on constitutional torts.''.
SEC. 202. CONSTITUTIONAL TORTS PROCEDURE.
Title 28 of the United States Code is amended by inserting after
chapter 171 the following new chapter:
``CHAPTER 172--CONSTITUTIONAL TORTS
``Sec. 2691. Definitions
``As used in this chapter and sections 1346(b)(2) and 2401(b)(2)--
``(1) the term `Federal agency' includes any executive
department, military department, independent establishment of
the United States, any person or entity acting as an
instrumentality or agent of the United States, any contractor
with the United States, any other establishment of the United
States (including the Executive Office of the President), and
any party acting in concert with the United States;
``(2) the term `employee of the Government' includes
officers and employees in the executive branch of the Federal
Government, members of the military or naval forces of the
United States, members of the National Guard while engaged in
training or duty under section 316, 502, 503, 504, or 505 of
title 32, and any person acting on behalf of or in concert with
a Federal agency, temporarily or permanently in the service of
the United States, whether with or without compensation, and
whose acts or omissions are done with the knowledge or consent
of the United States; and
``(3) the term `constitutional tort' means a violation of
the Constitution of the United States or violation of human
rights resulting from or caused by the act or omission of a
Federal agency or an employee of the Government while acting
within the scope of the employee's office, employment, or
apparent authority, or which results from the negligent
supervision of an employee of the Government.
``Sec. 2692. Administrative adjustment of claims
``(a) The head of each Federal agency may, in accordance with
regulations prescribed by the Attorney General, compromise and settle
any claim for money damages based on a constitutional tort, except that
any award, compromise, or settlement in excess of $25,000 shall be
effected only with the prior written approval of the Attorney General.
``(b) Any award, compromise, settlement, or determination made
under this section shall be final and conclusive on the United States,
except when procured by means of fraud.
``(c) Payment of any award, compromise, or settlement made under
this section or made by the Attorney General in any amount under
section 2697 shall be paid in a manner similar to judgments and
compromises in like causes. Appropriations or funds available for the
payment of such judgments and compromises shall be available for the
payment of awards, compromises, or settlements under this chapter.
``(d) The acceptance by a claimant of any award, compromise, or
settlement made under this section or section 2697 shall be final and
conclusive on the claimant, and shall constitute a complete release of
any claim against the United States and against the employee of the
Government whose act or omission gave rise to the claim, by reason of
the same subject matter.
``Sec. 2693. Liability of the United States
``(a) The United States shall be liable for compensatory damages
for any constitutional tort, but shall not be liable for interest prior
to judgment or for punitive damages except as herein provided. With
respect to any claim for money damages based on a constitutional tort,
the United States shall be liable for an amount not greater than
either--
(1) actual damages, or
(2) nominal damages in an amount which is the greater of--
(A) $25,000, or
(B) in the case of a continuing violation, $500 per
day for each violation.
If the conduct giving rise to the constitutional tort claim was
undertaken willfully or recklessly, the court shall award, in addition,
exemplary damages as are just and reasonable under the circumstances,
as determined by the trier of fact.
``(b) A class action in conformity with the requirements of the
Federal Rules of Civil Procedure may be instituted on a constitutional
tort claim if it satisfies the provisions of rule 23 thereof, and shall
be maintained where certified by the court before which the action is
filed.
``Sec. 2694. Disposition by Federal agency as prerequisite; evidence
``(a) An action shall not be instituted upon a claim against the
United States for money damages based on a constitutional tort unless
the claimant shall have first presented the claim to the appropriate
Federal agency and that claim shall have been finally denied by the
agency in writing and sent to the claimant by certified or registered
mail. The failure of an agency to make final disposition of a claim
within 6 months after it is filed shall, at the option of the claimant
any time thereafter, be deemed a final denial of the claim for purposes
of this section. This subsection shall not apply to such claims as may
be asserted under the Federal Rules of Civil Procedure by third-party
complaint, cross-claim, or counterclaim.
``(b) Except as to a class action claim or if damages are not fully
ascertainable at the time of presentation pursuant to subsection (a),
an action under this section shall not be instituted for any sum in
excess of the amount of the claim presented to the Federal agency,
except where the increased amount is based upon newly discovered
evidence not reasonably discoverable at the time of presenting the
claim to the Federal agency or upon allegation and proof of intervening
facts, relating to the amount of the claim.
``Sec. 2695. Jury trial
``Any action brought pursuant to this chapter upon a claim for
money damages based on a constitutional tort shall, at the request of
any party to such action, be tried by the court with a jury.
``Sec. 2696. Judgment as bar
``The judgment in an action under section 1346(b)(2) shall
constitute a complete bar to any action by the claimant involved, by
reason of the same constitutional violation against the employee of the
Government whose act or omission gave rise to the claim, but shall not
act as a release on any claim for violation of any other law.
``Sec. 2697. Compromise
``The Attorney General may arbitrate, compromise, or settle any
claim cognizable under section 1346(b)(2), after the commencement of an
action on that claim.
``Sec. 2698. Attorney fees; penalty
``(a) Any claimant to whom a judgment is awarded under section
1346(b)(2), or to whom an award, compromise, or settlement is made
under section 2697 or 2692 shall, in addition to such judgment, award,
compromise, or settlement, be entitled to receive a reasonable
attorney's fee and other litigation costs reasonably incurred,
including attorney fees and costs attributable to processing an
administrative claim under section 2692. The amount of such attorney's
fee may not exceed 25 per cent of any judgment rendered under section
1346(b)(2) or any award, compromise, or settlement made under section
2697, except as otherwise approved by the court before whom the action
is filed, or 20 per cent of any award, compromise, or settlement made
under section 2692.
``(b) Any attorney who charges, demands, receives, or collects for
services rendered in connection with a judgment, award, compromise, or
settlement described in subsection (a) any amount in excess of that
allowed under subsection (a) shall, if recovery be had, be fined not
more than $2,000 or imprisoned not more than one year, or both.
``Sec. 2699. Exclusiveness of remedy
``(a) The authority of any Federal agency to sue and be sued in its
own name shall not be construed to authorize suits against such Federal
agency on constitutional tort claims arising under this chapter which
are cognizable under section 1346(b)(2), and the remedies provided by
this title in such case shall be exclusive.
``(b)(1) Upon filing a claim with the district court under section
1346(b)(2), the remedy against the United States provided by section
2693 for claims for money damages based on constitutional torts shall
be exclusive of any other Federal civil action or proceeding for money
damages by reason of the same subject matter against the employee whose
act or omission gave rise to the claim or against the estate of such
employee.
``(2) Paragraph (1) does not extend or apply to a civil action
against an employee of the Government--
``(A) which is brought against the employee for acting
outside the scope of the employee's office or employment in
violation of the Constitution of the United States, or
``(B) which is brought for a violation of a statute of the
United States or a statute of any State under which such action
against an individual is otherwise authorized.
``(c) The provisions of this chapter shall be limited to
constitutional tort claims against Federal agencies or employees of the
Government. Nothing in this chapter shall preclude or preempt suit
against any person or entity on any other claim, whether based on
international, Federal, State, or common law, and no provision of this
chapter shall act as a release, waiver, or bar to such claim.
``(d) Upon certification by the Attorney General pursuant to
subsection (e), the Attorney General shall defend any civil action or
proceeding brought in any court against any employee of the Government
or against the estate of such employee for money damages based on any
constitutional tort. The employee against whom such civil action or
proceeding is brought shall deliver within such time after date of
service or knowledge of service as determined by the Attorney General,
all process served upon the employee or an attested true copy thereof
to the employee's immediate superior or to whomever was designated by
the head of the employee's department to receive such papers and such
person shall promptly furnish copies of the pleadings and process
therein to the United States attorney for the district embracing the
place wherein the proceeding is brought, to the Attorney General, and
to the head of the employee's employing Federal agency.
``(e)(1) Upon certification by the Attorney General that the
defendant was acting within the scope of the defendant's office or
employment at the time of the incident out of which the claim arose,
any civil action or proceeding commenced upon such claim in a United
States district court shall be deemed an action against the United
States under the provisions of this title and all references thereto,
and the United States shall be substituted as the party defendant.
``(2) Upon certification by the Attorney General that the defendant
was acting within the scope of the defendant's office or employment at
the time of the incident out of which the claim arose, any civil action
or proceeding commenced upon such claim in a State court shall be
removed without bond at any time before trial by the Attorney General
to the district court of the United States for the district and
division embracing the place in which the action or proceeding is
pending. Such action or proceeding shall be deemed to be an action or
proceeding brought against the United States under the provisions of
this title and all references thereto, and the United States shall be
substituted as the party defendant. This certification of the Attorney
General shall conclusively establish scope of office or employment for
purposes of removal.
``(3) In the event that the Attorney General has refused to certify
scope of office or employment under this section, the employee may at
any time before trial, petition the court to find and certify that the
employee was acting within the scope of the employee's office or
employment. Upon such certification by the court, such action or
proceeding shall be deemed to be an action or proceeding brought
against the United States under the provisions of this title and all
references thereto, and the United States shall be substituted as the
party defendant. A copy of the petition shall be served upon the United
States in accordance with the provisions of rule 4(d)(4) of the Federal
Rules of Civil Procedure. In the event the petition is filed in a civil
action or proceeding pending in a State court, the action or proceeding
may be removed without bond by the Attorney General to the district
court of the United States for the district and division embracing the
place in which it is pending. If, in considering the petition, the
district court determines that the employee was not acting within the
scope of the employee's office or employment, the action or proceeding
shall be remanded to the State court.
``(4) Upon certification, any action or proceeding subject to
paragraph (1), (2), or (3) shall proceed in the same manner as any
action against the United States filed pursuant to section 1346(b)(2)
and shall be subject to the limitations and exceptions applicable to
those actions.
``(5) Whenever an action or proceeding in which the United States
is substituted as the party defendant under this subsection is
dismissed for failure to first present a claim pursuant to section
2694(a), such a claim shall be deemed to be timely presented under
section 2401(b)(2) if--
``(A) the claim would have been timely had it been filed on
the date the underlying civil action was commenced, and
``(B) the claim is presented to the appropriate Federal
agency within 60 days after dismissal of the civil action.
``(f) The Attorney General may compromise or settle any claim
asserted in any civil action or proceeding described in this section in
the manner provided in section 2697, and with the same effect.
``Sec. 2700. Administrative action concerning employee
``Where an action or proceeding under section 1346(b)(2) or 2692 on
a constitutional tort results in a judgment against the United States
or an award, compromise, or settlement paid by the United States, the
Attorney General shall forward the matter to the head of the Federal
agency which employed the employee at the time of the employee's
alleged act or omission giving rise to the claim upon which the action
or proceeding was based, for such further administrative investigation
or disciplinary action as may be appropriate. In any administrative
proceeding relating to such investigation or disciplinary action, the
employee may assert as a defense the employee's reasonable good-faith
belief in the lawfulness of the employee's conduct.''.
SEC. 203. STATUTE OF LIMITATION, TECHNICAL AND CONFORMING AMENDMENTS.
(a) Section 2401.--Section 2401(b) of title 28, United States Code,
concerning the statute of limitations, is amended--
(1) by inserting ``(1)'' immediately after ``(b)'';
(2) by inserting ``cognizable under section 1346(b)(1) of
chapter 171'' after ``United States'';
(3) by adding at the end the following: ``any claim arising
out of unlawful human experimentation within the meaning of
section 2681 shall not be barred if presented in writing to the
appropriate Federal agency within 3 years from the date of the
enactment of section 2681.''; and
(4) by adding after paragraph (1) the following:
``(2) A claim for money damages based on a constitutional tort
against the United States cognizable under section 1346(b)(2) of
chapter 172 shall be forever barred unless it is presented in writing
to the appropriate Federal agency within 2 years after such claim
accrues or unless action is begun within 6 months after the date of
mailing, by certified or registered mail, of notice of final denial of
the claim by the agency to which it was presented, except that any
claim accruing prior to enactment of chapter 172 shall not be barred if
presented in writing to the appropriate Federal agency within 3 years
from the date of enactment of chapter 172.''.
(b) Section 2402.--Section 2402 of title 28, United States Code, is
amended by inserting ``or 1346(b)(2)'' after ``1346(a)(1)''.
(c) Section 2674.--Section 2674 of title 28, United States Code, is
amended by inserting immediately after ``claims'' the following: ``to
which section 1346(b)(1) of this title applies''.
(d) Multiple Sections.--Sections 2676, 2677, 2678, and 2679 of
title 28, United States Code, are amended by striking out ``1346(b)''
each place it appears and inserting in lieu thereof ``1346(b)(1)''.
(e) Section 2680.--Section 2680 of title 28, United States Code, is
amended by striking out ``1346(b)'' and inserting in lieu thereof
``1346(b)(1)''.
(f) Section 1402.--Section 1402(b) of title 28, United States Code,
is amended by striking out ``subsection (b)'' and inserting in lieu
thereof ``subsections (b)(1) and (b)(2)''.
(g) Table of Chapters.--The table of chapters for part VI of title
28, United States Code, is amended by inserting after the item relating
to chapter 171 the following new item:
``172. Constitutional Torts................................. 2691''. | TABLE OF CONTENTS:
Title I: Federal Tort Claims Amendments
Title II: Constitutional and Human Rights Violations
Title I: Federal Tort Claims Amendments
- Makes the Federal Tort Claims Act applicable to any claim arising out of: (1) conduct or research involving a human being as an experimental subject without the informed consent of the subject or a legal representative; (2) the subjection of a human being to any experimental chemical, radiological, or biological agent, drug, or other test article without informed consent; and (3) operations of any federally owned nuclear weapons facility involved in the production of nuclear weapons under the authority of the Secretary of Energy or any predecessor.
Title II: Constitutional and Human Rights Violations
- Grants the district courts exclusive jurisdiction of civil actions on claims for money damages based on constitutional torts.
Authorizes the head of each Federal agency to compromise and settle any claim for money damages based on a constitutional tort, except that any award, compromise, or settlement in excess of $25,000 shall be effected only with the Attorney General's prior written approval.
Sets forth provisions regarding limits on the liability of the United States, disposition by a Federal agency as a prerequisite to court action, jury trial requirements, the effect of certain judgments as a bar to an action, the Attorney General's authority to compromise such a claim, attorney's fees, exclusiveness of remedy, and administrative action concerning the responsible employee when a judgment is awarded against, or a settlement is paid by, the United States.
Establishes a statute of limitations of: (1) three years for claims arising out of unlawful human experimentation; and (2) two years for claims against the United States for money damages based on a constitutional tort, with exceptions. | longest | 1,025 | 2,961 |
2 | SECTION 1. SHORT TITLE AND TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Government
Management Reform Act of 1994''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title and table of contents.
TITLE I--LIMITATION ON PAY
Sec. 101. Limitation on certain annual pay adjustments.
TITLE II--HUMAN RESOURCE MANAGEMENT
Sec. 201. SES annual leave accumulation.
TITLE III--STREAMLINING MANAGEMENT CONTROL
Sec. 301. Authority to increase efficiency in reporting to Congress.
TITLE IV--FINANCIAL MANAGEMENT
Sec. 401. Short title.
Sec. 402. Electronic payments.
Sec. 403. Franchise fund pilot programs.
Sec. 404. Simplification of management reporting process.
Sec. 405. Annual financial reports.
TITLE I--LIMITATION ON PAY
SEC. 101. LIMITATION ON CERTAIN ANNUAL PAY ADJUSTMENTS.
Effective as of December 31, 1994--
(1) section 601(a)(2) of the Legislative Reorganization Act of
1946 (2 U.S.C. 31(2)) is amended--
(A) by striking out ``(2) Effective'' and inserting in lieu
thereof ``(2)(A) Subject to subparagraph (B), effective''; and
(B) by adding at the end thereof the following:
``(B) In no event shall the percentage adjustment taking effect
under subparagraph (A) in any calendar year (before rounding), in any
rate of pay, exceed the percentage adjustment taking effect in such
calendar year under section 5303 of title 5, United States Code, in the
rates of pay under the General Schedule.'';
(2) section 104 of title 3, United States Code, is amended--
(A) in the first sentence by inserting ``(a)'' before
``The'';
(B) in the second sentence by striking out ``Effective''
and inserting in lieu thereof ``Subject to subsection (b),
effective''; and
(C) by adding at the end thereof the following:
``(b) In no event shall the percentage adjustment taking effect
under the second and third sentences of subsection (a) in any calendar
year (before rounding) exceed the percentage adjustment taking effect
in such calendar year under section 5303 of title 5 in the rates of pay
under the General Schedule.'';
(3) section 5318 of title 5, United States Code, is amended--
(A) in the first sentence by striking out ``Effective'' and
inserting in lieu thereof ``(a) Subject to subsection (b),
effective''; and
(B) by adding at the end thereof the following:
``(b) In no event shall the percentage adjustment taking effect
under subsection (a) in any calendar year (before rounding), in any
rate of pay, exceed the percentage adjustment taking effect in such
calendar year under section 5303 in the rates of pay under the General
Schedule.''; and
(4) section 461(a) of title 28, United States Code, is
amended--
(A) by striking out ``(a) Effective'' and inserting in lieu
thereof ``(a)(1) Subject to paragraph (2), effective''; and
(B) by adding at the end thereof the following:
``(2) In no event shall the percentage adjustment taking effect
under paragraph (1) in any calendar year (before rounding), in any
salary rate, exceed the percentage adjustment taking effect in such
calendar year under section 5303 of title 5 in the rates of pay under
the General Schedule.''.
TITLE II--HUMAN RESOURCE MANAGEMENT
SEC. 201. SES ANNUAL LEAVE ACCUMULATION.
(a) In General.--Effective on the first day of the first applicable
pay period beginning after the date of the enactment of this Act,
subsection (f) of section 6304 of title 5, United States Code, is
amended to read as follows:
``(f)(1) This subsection applies with respect to annual leave
accrued by an individual while serving in a position in--
``(A) the Senior Executive Service;
``(B) the Senior Foreign Service;
``(C) the Defense Intelligence Senior Executive Service;
``(D) the Senior Cryptologic Executive Service; or
``(E) the Federal Bureau of Investigation and Drug Enforcement
Administration Senior Executive Service.
``(2) For purposes of applying any limitation on accumulation under
this section with respect to any annual leave described in paragraph
(1)--
``(A) `30 days' in subsection (a) shall be deemed to read `90
days'; and
``(B) `45 days' in subsection (b) shall be deemed to read `90
days'.''.
(b) Use of Excess Leave.--Notwithstanding the amendment made by
subsection (a), in the case of an employee who, on the effective date
of subsection (a), is subject to subsection (f) of section 6304 of
title 5, United States Code, and who has to such employee's credit
annual leave in excess of the maximum accumulation otherwise permitted
by subsection (a) or (b) of section 6304 (determined applying the
amendment made by subsection (a)), such excess annual leave shall
remain to the credit of the employee and be subject to reduction, in
the same manner as provided in subsection (c) of section 6304.
TITLE III--STREAMLINING MANAGEMENT CONTROL
SEC. 301. AUTHORITY TO INCREASE EFFICIENCY IN REPORTING TO CONGRESS.
(a) Purpose.--The purpose of this title is to improve the
efficiency of executive branch performance in implementing statutory
requirements for reports to Congress and committees of Congress such as
the elimination or consolidation of duplicative or obsolete reporting
requirements and adjustments to deadlines that shall provide for more
efficient workload distribution or improve the quality of reports.
(b) Authority of the Director.--The Director of the Office of
Management and Budget may publish annually in the budget submitted by
the President to the Congress, recommendations for consolidation,
elimination, or adjustments in frequency and due dates of statutorily
required periodic reports to the Congress or committees of Congress.
For each recommendation, the Director shall provide an individualized
statement of the reasons that support the recommendation. In addition,
for each report for which a recommendation is made, the Director shall
state with specificity the exact consolidation, elimination, or
adjustment in frequency or due date that is recommended.
(c) Recommendations.--The Director's recommendations shall be
consistent with the purpose stated in subsection (a).
(d) Consultation.--Before the publication of the recommendations
under subsection (b), the Director or his designee shall consult with
the appropriate congressional committees concerning the
recommendations.
TITLE IV--FINANCIAL MANAGEMENT
SEC. 401. SHORT TITLE.
This title may be cited as the ``Federal Financial Management Act
of 1994''.
SEC. 402. ELECTRONIC PAYMENTS.
(a) In General.--Section 3332 of title 31, United States Code, is
amended to read as follows:
``Sec. 3332. Required direct deposit
``(a)(1) Notwithstanding any other provision of law, all Federal
wage, salary, and retirement payments shall be paid to recipients of
such payments by electronic funds transfer, unless another method has
been determined by the Secretary of the Treasury to be appropriate.
``(2) Each recipient of Federal wage, salary, or retirement
payments shall designate one or more financial institutions or other
authorized payment agents and provide the payment certifying or
authorizing agency information necessary for the recipient to receive
electronic funds transfer payments through each institution so
designated.
``(b)(1) The head of each agency shall waive the requirements of
subsection (a) of this section for a recipient of Federal wage, salary,
or retirement payments authorized or certified by the agency upon
written request by such recipient.
``(2) Federal wage, salary, or retirement payments shall be paid to
any recipient granted a waiver under paragraph (1) of this subsection
by any method determined appropriate by the Secretary of the Treasury.
``(c)(1) The Secretary of the Treasury may waive the requirements
of subsection (a) of this section for any group of recipients upon
request by the head of an agency under standards prescribed by the
Secretary of the Treasury.
``(2) Federal wage, salary, or retirement payments shall be paid to
any member of a group granted a waiver under paragraph (1) of this
subsection by any method determined appropriate by the Secretary of the
Treasury.
``(d) This section shall apply only to recipients of Federal wage
or salary payments who begin to receive such payments on or after
January 1, 1995, and recipients of Federal retirement payments who
begin to receive such payments on or after January 1, 1995.
``(e) The crediting of the amount of a payment to the appropriate
account on the books of a financial institution or other authorized
payment agent designated by a payment recipient under this section
shall constitute a full acquittance to the United States for the amount
of the payment.''.
(b) Technical and Conforming Amendment.--The table of sections for
chapter 33 of title 31, United States Code, is amended by amending the
item for section 3332 to read:
``3332. Required direct deposit.''.
SEC. 403. FRANCHISE FUND PILOT PROGRAMS.
(a) Establishment.--There is authorized to be established on a
pilot program basis in each of six executive agencies a franchise fund.
The Director of the Office of Management and Budget, after consultation
with the chairman and ranking members of the Committees on
Appropriations and Governmental Affairs of the Senate, and the
Committees on Appropriations and Government Operations of the House of
Representatives, shall designate the agencies.
(b) Uses.--Each such fund may provide, consistent with guidelines
established by the Director of the Office of Management and Budget,
such common administrative support services to the agency and to other
agencies as the head of such agency, with the concurrence of the
Director, determines can be provided more efficiently through such a
fund than by other means. To provide such services, each such fund is
authorized to acquire the capital equipment, automated data processing
systems, and financial management and management information systems
needed. Services shall be provided by such funds on a competitive
basis.
(c) Funding.--(1) There are authorized to be appropriated to the
franchise fund of each agency designated under subsection (a) such
funds as are necessary to carry out the purposes of the fund, to remain
available until expended. To the extent that unexpended balances remain
available in other accounts for the purposes to be carried out by the
fund, the head of the agency may transfer such balances to the fund.
(2) Fees for services shall be established by the head of the
agency at a level to cover the total estimated costs of providing such
services. Such fees shall be deposited in the agency's fund to remain
available until expended, and may be used to carry out the purposes of
the fund.
(3) Existing inventories, including inventories on order,
equipment, and other assets or liabilities pertaining to the purposes
of the fund may be transferred to the fund.
(d) Report on Pilot Programs.--Within 6 months after the end of
fiscal year 1997, the Director of the Office of Management and Budget
shall forward a report on the results of the pilot programs to the
Committees on Appropriations of the Senate and of the House of
Representatives, and to the Committee on Governmental Affairs of the
Senate and the Committee on Government Operations of the House of
Representatives. The report shall contain the financial and program
performance results of the pilot programs, including recommendations
for--
(1) the structure of the fund;
(2) the composition of the funding mechanism;
(3) the capacity of the fund to promote competition; and
(4) the desirability of extending the application and
implementation of franchise funds to other Federal agencies.
(e) Procurement.--Nothing in this section shall be construed as
relieving any agency of any duty under applicable procurement laws.
(f) Termination.--The provisions of this section shall expire on
October 1, 1999.
SEC. 404. SIMPLIFICATION OF MANAGEMENT REPORTING PROCESS.
(a) In General.--To improve the efficiency of executive branch
performance in implementing statutory requirements for financial
management reporting to the Congress and its committees, the Director
of the Office of Management and Budget may adjust the frequency and due
dates of or consolidate any statutorily required reports of agencies to
the Office of Management and Budget or the President and of agencies or
the Office of Management and Budget to the Congress under any laws for
which the Office of Management and Budget has financial management
responsibility, including--
(1) chapters 5, 9, 11, 33, 35, 37, 39, 75, and 91 of title 31,
United States Code;
(2) the Federal Civil Penalties Inflation Adjustment Act of
1990 (28 U.S.C. 2461 note; Public Law 101-410; 104 Stat. 890).
(b) Application.--The authority provided in subsection (a) shall
apply only to reports of agencies to the Office of Management and
Budget or the President and of agencies or the Office of Management and
Budget to the Congress required by statute to be submitted between
January 1, 1995, and September 30, 1997.
(c) Adjustments in Reporting.--The Director may consolidate or
adjust the frequency and due dates of any statutorily required reports
under subsections (a) and (b) only after--
(1) consultation with the Chairman of the Senate Committee on
Governmental Affairs and the Chairman of the House of
Representatives Committee on Government Operations; and
(2) written notification to the Congress, no later than
February 8 of each fiscal year covered under subsection (b) for
those reports required to be submitted during that fiscal year.
SEC. 405. ANNUAL FINANCIAL REPORTS.
(a) Financial Statements.--Section 3515 of title 31, United States
Code, is amended to read as follows:
``Sec. 3515. Financial statements of agencies
``(a) Not later than March 1 of 1997 and each year thereafter, the
head of each executive agency identified in section 901(b) of this
title shall prepare and submit to the Director of the Office of
Management and Budget an audited financial statement for the preceding
fiscal year, covering all accounts and associated activities of each
office, bureau, and activity of the agency.
``(b) Each audited financial statement of an executive agency under
this section shall reflect--
``(1) the overall financial position of the offices, bureaus,
and activities covered by the statement, including assets and
liabilities thereof; and
``(2) results of operations of those offices, bureaus, and
activities.
``(c) The Director of the Office of Management and Budget shall
identify components of executive agencies that shall be required to
have audited financial statements meeting the requirements of
subsection (b).
``(d) The Director of the Office of Management and Budget shall
prescribe the form and content of the financial statements of executive
agencies under this section, consistent with applicable accounting and
financial reporting principles, standards, and requirements.
``(e) The Director of the Office of Management and Budget may waive
the application of all or part of subsection (a) for financial
statements required for fiscal years 1996 and 1997.
``(f) Not later than March 1 of 1995 and 1996, the head of each
executive agency identified in section 901(b) of this title and
designated by the Director of the Office of Management and Budget shall
prepare and submit to the Director of the Office of Management and
Budget an audited financial statement for the preceding fiscal year,
covering all accounts and associated activities of each office, bureau,
and activity of the agency.
``(g) Not later than March 31 of 1995 and 1996, for executive
agencies not designated by the Director of the Office of Management and
Budget under subsection (f), the head of each executive agency
identified in section 901(b) of this title shall prepare and submit to
the Director of the Office of Management and Budget a financial
statement for the preceding fiscal year, covering--
``(1) each revolving fund and trust fund of the agency; and
``(2) to the extent practicable, the accounts of each office,
bureau, and activity of the agency which performed substantial
commercial functions during the preceding fiscal year.
``(h) For purposes of subsection (g), the term `commercial
functions' includes buying and leasing of real estate, providing
insurance, making loans and loan guarantees, and other credit programs
and any activity involving the provision of a service or thing for
which a fee, royalty, rent, or other charge is imposed by an agency for
services and things of value it provides.''.
(b) Audits by Agencies.--Subsection 3521(f) of title 31, United
States Code, is amended to read as follows:
``(f)(1) For each audited financial statement required under
subsections (a) and (f) of section 3515 of this title, the person who
audits the statement for purpose of subsection (e) of this section
shall submit a report on the audit to the head of the agency. A report
under this subsection shall be prepared in accordance with generally
accepted government auditing standards.
``(2) Not later than June 30 following the fiscal year for which a
financial statement is submitted under subsection (g) of section 3515
of this title, the person who audits the statement for purpose of
subsection (e) of this section shall submit a report on the audit to
the head of the agency. A report under this subsection shall be
prepared in accordance with generally accepted government auditing
standards.''.
(c) Governmentwide Financial Statement.--Section 331 of title 31,
United States Code, is amended by adding the following new subsection:
``(e)(1) Not later than March 31 of 1998 and each year thereafter,
the Secretary of the Treasury, in coordination with the Director of the
Office of Management and Budget, shall annually prepare and submit to
the President and the Congress an audited financial statement for the
preceding fiscal year, covering all accounts and associated activities
of the executive branch of the United States Government. The financial
statement shall reflect the overall financial position, including
assets and liabilities, and results of operations of the executive
branch of the United States Government, and shall be prepared in
accordance with the form and content requirements set forth by the
Director of the Office of Management and Budget.
``(2) The Comptroller General of the United States shall audit the
financial statement required by this section.''.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | TABLE OF CONTENTS:
Title I: Limitation on Pay
Title II: Human Resource Management
Title III: Streamlining Management Control
Title IV: Financial Management
Government Management Reform Act of 1994 -
Title I: Limitation on Pay
- Amends the Legislative Reorganization Act of 1946 and other Federal law to limit annual cost of living adjustments for Members of Congress, the Vice President, senior Government officials, and Federal judges.
Title II: Human Resource Management
- Amends Federal civil service law to eliminate unlimited accumulation of annual leave by members of the Senior Executive Service. Sets a limit on excess leave of 90 days per year.
Title III: Streamlining Management Control
- Authorizes the Director of OMB to publish annually in the President's Budget any recommendations for the consolidation, elimination, or adjustment in frequency and due dates of statutorily required periodic reports to the Congress or its committees.
Title IV: Financial Management
- Federal Financial Management Act of 1994 - Amends Federal law to require direct deposit of Federal wage, salary, and retirement payments by electronic funds transfer for recipients who begin receiving such payments on or after January 1, 1995.
(Sec. 403) Authorizes the establishment of a franchise fund in each of six executive agencies for the equipment and computer systems necessary for the maintenance and operation of administrative support services that may be performed more advantageously on a centralized basis. Authorizes appropriations.
(Sec. 404) Authorizes the Director of the Office of Management and Budget (OMB) to consolidate or adjust the frequency and due dates of statutorily required periodic agency reports to OMB or the President and agency or OMB reports to the Congress under any laws for which OMB has financial management responsibility.
(Sec. 405) Requires the annual financial statements of executive agencies to be audited prior to submission to OMB. | longest | 1,230 | 2,878 |
3 | SECTION 1. SHORT TITLE.
This Act may be cited as the ``Civilian Facilities Closure and
Realignment Act of 1993''.
SEC. 2. PURPOSE.
The purpose of this Act is to reduce unnecessary spending in the
Federal Government by closing or realigning duplicative, wasteful, or
otherwise unnecessary civilian facilities, including facilities that--
(1) have a cost to the Federal Government that is out of
proportion to the benefits provided through the facility; or
(2) fail to further any legitimate goal or mission of the
administering agency.
SEC. 3. THE CIVILIAN FACILITIES CLOSURE AND REALIGNMENT COMMISSION.
(a) Establishment.--There is established an independent commission
to be known as the ``Civilian Facilities Closure and Realignment
Commission''.
(b) Duties.--The Commission shall carry out the duties specified
for it in this Act.
(c) Appointment.--(1)(A) The Commission shall be composed of seven
members appointed by the President, by and with the advice and consent
of the Senate.
(B) No later than January 1, 1994, the President shall submit to
the Senate the nominations for appointment to the Commission.
(2) In selecting individuals for nominations for appointments to
the Commission, the President should consult with--
(A) the Speaker of the House of Representatives concerning
the appointment of one member;
(B) the majority leader of the Senate concerning the
appointment of one member;
(C) the minority leader of the House of Representatives
concerning the appointment of one member; and
(D) the minority leader of the Senate concerning the
appointment of one member.
(3) At the time the President nominates individuals for appointment
to the Commission, the President shall designate one such individual
who shall serve as Chairman of the Commission.
(d) Terms.--Each member of the Commission shall serve until
December 31, 1995, and may only be removed by the President for cause.
(e) Meetings.--(1) Each meeting of the Commission, other than
meetings in which classified information is to be discussed, shall be
open to the public.
(2) All the proceedings, information, and deliberations of the
Commission shall be open, upon request, to any Member or committee of
the Congress.
(f) Vacancies.--A vacancy in the Commission shall be filled in the
same manner as the original appointment, but the individual appointed
to fill the vacancy shall serve only for the unexpired portion of the
term for which the individual's predecessor was appointed.
(g) Pay and Travel Expenses.--(1)(A) Each member, other than the
Chairman, shall be paid at a rate equal to the daily equivalent of the
minimum annual rate of basic pay payable for level IV of the Executive
Schedule under section 5315 of title 5, United States Code, for each
day (including travel time) during which the member is engaged in the
actual performance of duties vested in the Commission.
(B) The Chairman shall be paid for each day referred to in
subparagraph (A) at a rate equal to the daily equivalent of the minimum
annual rate of basic pay payable for level III of the Executive
Schedule under section 5314 of title 5, United States Code.
(2) Members shall receive travel expenses, including per diem in
lieu of subsistence, in accordance with sections 5702 and 5703 of title
5, United States Code.
(h) Director of Staff.--(1) The Commission shall, without regard to
section 5311(b) of title 5, United States Code, appoint a Director who
has not served as a Federal employee during the one-year period
preceding the date of such appointment.
(2) The Director shall be paid at the rate of basic pay payable for
level IV of the Executive Schedule under section 5315 of title 5,
United States Code.
(i) Staff.--(1) Subject to paragraphs (2) and (3), the Director,
with the approval of the Commission, may appoint and fix the pay of
additional personnel.
(2) The Director may make such appointments without regard to the
provisions of title 5, United States Code, governing appointments in
the competitive service, and any personnel so appointed may be paid
without regard to the provisions of chapter 51 and subchapter III of
chapter 53 of that title relating to classification and General
Schedule pay rates, except that an individual so appointed may not
receive pay in excess of the maximum annual rate of basic pay payable
for a position above GS-15 of the General Schedule.
(3) Upon request of the Director, the head of any Federal
department or agency may detail any of the personnel of that department
or agency to the Commission to assist the Commission in carrying out
its duties under this Act.
(4) The Comptroller General of the United States shall provide
assistance, including the detailing of employees, to the Commission in
accordance with an agreement entered into with the Commission.
(j) Consultants and Property.--(1) The Commission may procure by
contract, to the extent funds are available, the temporary or
intermittent services of experts or consultants pursuant to section
3109 of title 5, United States Code.
(2) The Commission may lease space and acquire personal property to
the extent funds are available.
(k) Funding.--There are authorized to be appropriated to the
Commission such funds as are necessary to carry out its duties under
this Act. Such funds shall remain available until expended.
(l) Termination.--The Commission shall terminate on December 31,
1995.
SEC. 4. RECOMMENDATIONS AND REPORT FOR CIVILIAN FACILITY CLOSURES AND
REALIGNMENTS.
(a) Agency Recommendations.--(1) No later than June 1, 1994, each
head of an executive agency as defined under section 105 of title 5,
United States Code (except for the Secretary of Defense with regard to
the Department of Defense) shall submit to the Commission
recommendations for closing or realigning civilian facilities
administered by such agency. The recommendations shall include a
statement providing rationale for the recommended closure or
realignment.
(2) The Office of Management and Budget shall submit to the
Commission with each recommendation submitted under paragraph (1), an
estimate of the administrative costs and savings that would result from
the implementation of such recommendation for the 5 fiscal years
following such implementation.
(b) Review and Recommendations by the Commission.--(1) After
receiving the recommendations from the heads of executive agencies
under subsection (a), the Commission shall conduct public hearings on
the recommendations. Such hearings shall be conducted in Washington,
D.C. and in affected regions throughout the United States.
(2)(A) No later than June 1, 1995, the Commission shall submit to
the President a report containing--
(i) the Commission's findings and conclusions based on a
review and analysis of the recommendations made by the heads of
executive agencies and from public hearings;
(ii) the Commission's recommendations for closures and
realignments of Federal facilities; and
(iii) proposed legislation (containing specific language
proposed to be enacted) to implement the Commission's
recommendations.
(B) Subject to subparagraph (C), in making its recommendations, the
Commission may make changes in any of the recommendations made by the
heads of executive agencies.
(C) In the case of a change described in subparagraph (D) in the
recommendations made by the heads of executive agencies, the Commission
may make the change only if the Commission--
(i) publishes a notice of the proposed change in the
Federal Register not less than 30 days before submitting its
recommendations to the President under subparagraph (A); and
(ii) conduct a public hearing on the proposed change.
(D) Subparagraph (C) shall apply to a change by the Commission in
the heads of executive agencies' recommendations that would--
(i) add a facility to the list of facilities recommended by
the applicable head of an executive agency for closure;
(ii) add a facility to the list of facilities recommended
by the applicable head of an executive agency for realignment;
or
(iii) increase the extent of a realignment of a particular
facility recommended by the applicable head of an executive
agency.
(3) The Commission shall explain and justify in its report
submitted to the President under paragraph (2) any recommendation made
by the Commission that is different from the recommendations made by
the heads of the executive agencies under subsection (a). The
Commission shall submit a copy of such report to the Congress on the
same date on which it submits its recommendations to the President
under paragraph (2).
(4) After the Commission submits recommendations to the President
under this subsection, the Commission shall promptly provide, upon
request, to any Member or committee of Congress information used by the
Commission in making its recommendations.
(5) The Comptroller General of the United States shall--
(A) assist the Commission, to the extent requested, in the
Commission's review and analysis of the recommendations made by
the heads of the executive agencies under subsection (c); and
(B) submit to the Congress and to the Commission a report
containing a detailed analysis of the heads of executive
agencies' recommendations and selection process, including an
assessment of whether such recommendations comply with the
purposes of this Act.
(c) Review by the President.--(1) No later than September 1, 1995,
the President shall approve or disapprove the report submitted under
subsection (b)(2)(A).
(2) If the report is approved the President shall submit the report
to the Congress for legislative action under section 5.
(3) If the President disapproves the report, the President shall
report specific issues and objections, including the reasons for any
changes recommended in the report, to the Commission and the Congress.
(4) The Commission shall consider any issues or objections raised
by the President and may modify the report based on such issues and
objections. No later than 30 days after receipt of the President's
disapproval under paragraph (3), the Commission shall submit the final
report (as modified if modified) to the Congress for legislative action
under section 5.
SEC. 5. CONGRESSIONAL CONSIDERATION OF COMMISSION REPORT.
(a) Definitions.--For purposes of this section--
(1) the term ``implementation bill'' means only a bill
which is introduced as provided under subsection (b), and
contains the proposed legislation contained in the final report
submitted to the Congress under section 4(c) (2) or (4) without
modification; and
(2) the term ``session day'' means a day that both the
Senate and the House of Representatives are in session.
(b) Introduction and Referral.--(1) On the first session day on or
immediately following the date on which a final report is submitted to
the Congress under section 4(c) (2) or (4), an implementation bill
shall be introduced--
(A) in the Senate by the Majority Leader of the Senate, for
himself, the Minority Leader of the Senate, or by Members of
the Senate designated by the Majority Leader and Minority
Leader of the Senate; and
(B) in the House of Representatives by the Majority Leader
of the House of Representatives, for himself and the Minority
Leader of the House of Representatives, or by Members of the
House of Representatives designated by the Majority Leader and
Minority Leader of the House of Representatives.
(2) The implementation bill introduced in the Senate shall be
referred concurrently to the Committee on Governmental Affairs of the
Senate, and other committees with jurisdiction. The implementation bill
introduced in the House of Representatives shall be referred
concurrently to the Committee on Government Operations of the House of
Representatives, and other committees with jurisdiction.
(c) Discharge.--If the committee to which an implementation bill is
referred has not reported such bill by the end of the 15 session day
period beginning on the date of introduction of such bill, such
committee shall be, at the end of such period, discharged from further
consideration of such bill, and such bill shall be placed on the
appropriate calendar of the House involved.
(d) Consideration.--(1) On or after the fifth session day after the
date on which the committee to which such a bill is referred has
reported, or has been discharged (under subsection (c)) from further
consideration of, such a bill, it is in order (even though a previous
motion to the same effect has been disagreed to) for any Member of the
respective House to move to proceed to the consideration of the
implementation bill (but only on the day after the calendar day on
which such Member announces to the House concerned the Member's
intention to do so). All points of order against the implementation
bill (and against consideration of the implementation bill) are waived.
The motion is highly privileged in the House of Representatives and is
privileged in the Senate and is not debatable. The motion is not
subject to amendment, or to a motion to postpone, or to a motion to
proceed to the consideration of other business. A motion to reconsider
the vote by which the motion is agreed to or disagreed to shall not be
in order. If a motion to proceed to the consideration of the
implementation bill is agreed to, the respective House shall
immediately proceed to consideration of the implementation bill without
intervening motion, order, or other business, and the implementation
bill shall remain the unfinished business of the respective House until
disposed of.
(2) Debate on the implementation bill, and on all debatable motions
and appeals in connection therewith, shall be limited to not more than
10 hours, which shall be divided equally between the Majority Leader
and the Minority Leader or their designees. An amendment to the
implementation bill is not in order. A motion further to limit debate
is in order and not debatable. A motion to postpone, or a motion to
proceed to the consideration of other business, or a motion to recommit
the implementation bill is not in order. A motion to reconsider the
vote by which the implementation bill is agreed to or disagreed to is
not in order.
(3) Immediately following the conclusion of the debate on an
implementation bill and a single quorum call at the conclusion of the
debate if requested in accordance with the rules of the appropriate
House, the vote on final passage of the implementation bill shall
occur.
(4) Appeals from the decisions of the Chair relating to the
application of the rules of the Senate or the House of Representatives,
as the case may be, to the procedure relating to an implementation bill
shall be decided without debate.
(e) Consideration by Other House.--(1) If, before the passage by
one House of an implementation bill of that House described in
subsection (a), that House receives from the other House an
implementation bill described in subsection (a), then the following
procedures shall apply:
(A) The implementation bill of the other House shall not be
referred to a committee and may not be considered in the House
receiving it except in the case of final passage as provided in
subparagraph (B)(ii).
(B) With respect to an implementation bill described in
subsection (a) of the House receiving such bill--
(i) the procedure in that House shall be the same
as if no implementation bill had been received from the
other House; but
(ii) the vote on final passage shall be on the
implementation bill of the other House, except that if
the implementation bill is a bill for the raising of
revenue, the vote of final passage shall be upon the
implementation bill which originates in the House of
Representatives.
(2) Upon disposition of the implementation bill received from the
other House, it shall no longer be in order to consider the
implementation bill that originated in the receiving House.
(f) Rules of the Senate and House.--This section is enacted by
Congress--
(1) as an exercise of the rulemaking power of the Senate
and House of Representatives, respectively, and as such it is
deemed a part of the rules of each House, respectively, but
applicable only with respect to the procedure to be followed in
that House in the case of an implementation bill described in
subsection (a), and it supersedes other rules only to the
extent that it is inconsistent with such rules; and
(2) with full recognition of the constitutional right of
either House to change the rules (so far as relating to the
procedure of that House) at any time, in the same manner, and
to the same extent as in the case of any other rule of that
House.
SEC. 6. DISTRIBUTION OF ASSETS.
Any proceeds from the sale of assets of any department or agency
resulting from the enactment of an Act under section 5 shall be--
(1) applied to reduce the Federal deficit; and
(2) deposited in the Treasury and treated as general
receipts.
SEC. 7. ADDITIONAL APPROPRIATIONS BASED ON AGENCY SAVINGS.
It is the sense of the Congress that--
(1) in the fiscal year immediately following a
recommendation submitted under section 4(a)(1) there should be
appropriated to each agency an amount no less than 25 percent
of the amount of the estimate of administrative savings
determined under section 4(a)(2) applicable to such agency in
the 3 fiscal years following the submission of the
recommendation; and
(2) the appropriated amount described under paragraph (1)
should be--
(A) appropriated funds in addition to funds which
would otherwise be appropriated to such agency if not
for the provisions of this Act; and
(B) made available for expenditure at the
discretion of the head of such agency to improve such
agency's management, efficiency, or productivity.
SEC. 8. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as necessary to
carry out the provisions of this Act.
S 1187 IS----2 | Civilian Facilities Closure and Realignment Act of 1993 - Establishes the Civilian Facilities Closure and Realignment Commission.
Requires the heads of executive agencies (except for the Secretary of Defense) to submit recommendations for closing or realigning civilian facilities to the Commission. Directs the Office of Management and Budget to submit estimates of the administrative costs and savings that would result from the implementation of such recommendations to the Commission.
Requires the Commission to report its recommendations for closures and realignments of Federal facilities and proposed legislation to the President. Provides for presidential approval of the report.
Sets forth procedures for congressional consideration of the proposed legislation.
Requires proceeds from the sale of any agency's assets resulting from closures or realignments to be applied to reduce the Federal deficit and deposited in the Treasury and treated as general receipts.
Expresses the sense of the Congress that: (1) in the fiscal year immediately following the submission of an agency's recommendation, there should be appropriated to each agency at least 25 percent of the amount of estimated administrative savings applicable to such agency in the three fiscal years following such submission; and (2) the appropriated amount should be in addition to funds which would otherwise be appropriated if not for this Act and made available for expenditure to improve the agency's management, efficiency, or productivity.
Authorizes appropriations. | longest | 350 | 2,863 |
4 | SECTION 1. SHORT TITLE, REFERENCES, AND TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Clean Air Act
Amendments of 1996''.
(b) References.--Whenever in this Act an amendment or repeal is
expressed in terms of an amendment to, or repeal of, a section or other
provision, the reference shall be considered to be made to a section or
other provision of the Clean Air Act.
(c) Table of Contents.--The table of contents is as follows:
Sec. 1. Short title, references, and table of contents.
Sec. 2. Operating permits.
Sec. 3. Enhanced monitoring.
Sec. 4. Recognition of effective controls.
Sec. 5. Sanctions.
Sec. 6. Hazardous air pollutants.
Sec. 7. Voluntary controls adopted prior to nonattainment.
Sec. 8. Attainment date determinations.
Sec. 9. Attainment redesignations.
Sec. 10. Credit for episodic controls.
Sec. 11. Opt-in reformulated gas areas.
Sec. 12. NOx reductions for reformulated gas.
Sec. 13. Establishing national primary ambient air quality standards.
Sec. 14. Transportation conformity.
Sec. 15. Overwhelming transport.
Sec. 16. Automobile inspection and maintenance.
Sec. 17. Emissions trading.
SEC. 2. OPERATING PERMITS.
(a) Definition of Applicable Requirement.--Section 501 (42 U.S.C.
7661) is amended by adding the following new paragraph after paragraph
(4):
``(5) Applicable requirement.--The term `applicable
requirement' means any requirement promulgated by the
Administrator pursuant to section 111 (42 U.S.C. 7411), section
112 (42 U.S.C. 7412) with the exception of section 112(r),
section 129 (42 U.S.C. 7429), Section 165 (42 U.S.C. 7475),
subsections (e) and (f) of section 183 (42 U.S.C. 7511b),
section 328 (42 U.S.C. 7627), title IV or title VI (unless the
permitting authority determines that a requirement imposed
pursuant to title VI need not be contained in a permit issued
under this title) and any limitation on emissions or operations
contained in a construction permit issued pursuant to Parts C
or D of title I. The term `applicable requirement' also
includes any other requirement provided for in an applicable
state implementation plan, except that a requirement imposed
pursuant to a State minor new source review program under
section 110(a)(2) (42 U.S.C. 7410(a)(2)) shall not be
considered an applicable requirement for purposes of this
title. Notwithstanding this paragraph, any permitting authority
may provide for the terms of permits issued under its minor new
source review to be appended to or incorporated in an operating
permit issued under this subchapter. Nothing in this paragraph
shall affect the authority of any person to enforce any
requirement imposed under any rule, permit, or implementation
plan under this Act.''.
(b) Assurance of Operating Flexibility.--(1) Section 502 (b)(10)
(42 U.S.C. 766la(b)(10)), is amended to read as follows:
``(10) The permitting authority may not require any source
to obtain or modify a permit issued under this title for any
physical or operational change at the source or for taking any
other action prior to the date 7 days after the physical or operational
change or other action is initiated. Nothing in this title shall be
construed to alter the requirements of any other title of this Act that
a permit be obtained before construction or modification of a source.
Nothing in this paragraph shall preclude any State from continuing to
impose any requirement or employ any procedure separate and apart from
the program required under this title, provided that such requirements
and procedures shall not be applicable requirements under this
title.''.
(2) Section 502(b) (42 U.S.C. 766la(b)) is amended by
adding the following paragraph after paragraph (10):
``(11) A provision giving major stationary sources the
option of obtaining permits that would allow emissions
increases and decreases at various units within the major
stationary source without permit revisions if overall emissions
limits for the major stationary source are not exceeded and
preconstruction review is not required under title I. Nothing
in this paragraph shall preclude any State from continuing to
impose any requirement or employ any procedure separate and
apart from the program required under this title, provided that
such requirements and procedures shall not be applicable
requirements under this title.''.
(c) Sanctions and Federal Implementation.--Section 502(d) (42
U.S.C. 7661a(d)) is amended by inserting before the period at the end
of subparagraphs (A) and (B) of paragraph (2) and before the period at
the end of (3) the following: ``in any case in which the Administrator
determines that such failure will cause the State to fail to attain a
national primary ambient air quality standard by the applicable
attainment date''.
(d) Permit Term.--Section 502(b)(5)(B) is amended by striking out
``5 years'' and inserting ``10 years''.
SEC. 3. ENHANCED MONITORING.
Section 114(a) (42 U.S.C. 7414(a)(3)) is amended by striking
paragraph (3) and inserting the following:
``(3) The Administrator shall in the case of any person
which is the owner or operator of a major source, and may, in
the case of any other person, require submission of compliance
certifications. Compliance certifications shall include (A)
identification of the applicable requirement that is the basis
of the certification, (B) the method used for determining the
compliance status of the source, and (C) its compliance status.
Compliance certifications and monitoring data shall be subject
to subsection (c) of this section. Submission of a compliance
certification shall in no way limit the Administrator's
authorities to investigate or otherwise implement this Act.
``(4) Nothing in this section or in title V shall authorize
the Administrator to revise significantly, or to require
significant revision of, an existing compliance method without
employing procedures, such as a rulemaking, to allow meaningful
comment on that revision and to assess the effect of the
revision on the stringency of the underlying emission standard
or limitation. Nothing in this section or section 113 (42
U.S.C. 7413) shall authorize the use of evidence other than the
applicable compliance method or test method to establish a
violation of the numerical component of an emission limitation
or standard. For purposes of this paragraph, compliance method
as test method shall meet the requirements contained in a
regulation or permit for monitoring or testing to determine
compliance with the applicable emission standard or limitation.
Nothing in this subparagraph shall limit the authority of the
Administrator to increase the stringency of controls or to
impose new controls, as required under any other section of
this Act.
SEC. 4. RECOGNITION OF EFFECTIVE CONTROLS.
Section 302 (42 U.S.C. 7602) is amended by adding the following at
the end thereof:
``(aa) Potential To Emit.--The term `potential to emit' means the
maximum capacity of a stationary source to emit any regulated air
pollutant under its physical and operational design. Any physical or
operational limit on the capacity of a source to emit any regulated air
pollutant, including any limit enforceable under Federal, State, or
local law and including any pollution control equipment and
restrictions on hours of operation or on the type or amount of material
used, produced, stored, combusted or processed at such source shall be
treated as part of its design if the limitation is effective.''.
SEC. 5. SANCTIONS.
The first sentence of section 179(a) (42 U.S.C. 7509(a)) is amended
by striking ``one of the sanctions referred to in subsection (b) shall
apply, as selected by the Administrator'' and all that follows down
through the period at the end thereof and inserting ``the Administrator
may apply one of the sanction referred to in subsection (b) if the
Administrator finds that such deficiency is likely to result in a
failure by the State to attain a national primary ambient air quality
standard by the applicable attainment date.''.
SEC. 6. HAZARDOUS AIR POLLUTANTS.
Section 112(j)(6) is amended in the second sentence by striking all
after ``the Administrator shall revise such permit'' and inserting ``to
comply with such standard and such revision shall take effect on the
date 10 years after the date such standard is promulgated.''.
SEC. 7. VOLUNTARY CONTROLS ADOPTED PRIOR TO NONATTAINMENT.
Section 182(b)(1)(C) is amended by adding the following at the end
thereof: ``Any measures that were not expressly required by this Act,
but that were voluntarily implemented, prior to the designation of the
area as a nonattainment area shall be credited as additional reductions
for purposes of any revised plan adopted for the area pursuant to this
part following designation of the area as an ozone nonattainment
area.''.
SEC. 8. ATTAINMENT DATE DETERMINATIONS.
(a) Paragraph (5) Extensions.--Section 181(a)(5)(B) is amended to
read as follows:
``(B)(i) no more than one exceedance of the national
ambient air quality standard for ozone has occurred in the area
in the year preceding the Extension Year,
``(ii) the design value of the area (based on data from the
year preceding the extension year) does not exceed the design
value for the current classification of the area as specified
in table 1 of paragraph (1), or
``(iii) the Administrator determines that infrequent
episodic variations in air pollution levels caused by weather
impact an area's ability to demonstrate attainment.''.
(b) Additional Extension for Certain Areas.--Section 181(a) is
amended by adding the following at the end thereof:
``(6) Attainment followed by violation.--Upon application
by any State, the Administrator may extend, for up to an
additional 3 years, the date specified in Table I of paragraph
(1) of this subsection and the dates specified in section
182(b) regarding reasonable further progress, if--
``(A) the area has in a 3-year period prior to the
attainment date, qualified for redesignation as
attainment for ozone, but
``(B) subsequent to such 3-year period, the area
has violated the ozone standard.
No more than one extension may be issued under this paragraph
for a single nonattainment area.''.
SEC. 9. ATTAINMENT REDESIGNATIONS.
Section 107(d)(3) is amended as follows:
(1) By amending the second sentence of subparagraph (D) to
read as follows: ``The Administrator shall publish notice in
the Federal Register of the Administrator's receipt of a
request for redesignation. The Administrator shall also publish
notice in the Federal Register of the Administrator's proposed
approval or denial within 90 days after receipt of a complete
State redesignation submittal and approve or deny such
redesignation within 90 days thereafter.''.
(2) By adding the following at the end of subparagraph (E):
``If a State requests the Administrator to redesignate an area as
attainment and submits information to the Administrator regarding such
area adequate to demonstrate compliance with clauses (ii) through (v)
and compliance (for a period of 3 years prior to the submission) with
clause (i) and if the Administrator fails to publish notice in the
Federal Register of the Administrator's proposed approval or denial of
such request within 90 days after receipt of a complete State
redesignation request or fails to approve or deny such request within
90 days thereafter, the area shall be deemed to be redesignated as an
attainment area by operation of law on the date 180 days after the
Administrator's receipt of a complete State redesignation request.''.
SEC. 10. CREDIT FOR EPISODIC CONTROLS.
Section 110(a) is amended by inserting the following new
subparagraph immediately after paragraph (3):
``(4) In determining whether the provisions of any plan or plan
revision submitted under this Act are adequate to attain and maintain
any national primary or secondary ambient air quality standard, the
Administrator shall provide appropriate credits for plan provisions
which are designed to control air pollution only during certain periods
when levels of one or more air pollutants are, or are likely to be, at
higher levels than at other periods.''.
SEC. 11. OPT-IN REFORMULATED GAS AREAS.
Section 211(k)(6)(A) of the Clean Air Act is amended as follows:
(1) By inserting the following after the second sentence:
``No area included in the coverage of the prohibition set forth
in paragraph (5) pursuant to an application under this
paragraph may continue to be included in such prohibition after
December 31, 1999, unless the Governor of the State in which
such area is located has notified the Administrator of such
continued inclusion prior to December 31, 1997, and the
Administrator has published such notice in the Federal
Register.''.
(2) By adding the following at the end thereof: ``An area
that has been included in the coverage of the prohibition set
forth in paragraph (5) pursuant to an application under this
paragraph may subsequently be excluded from such coverage
pursuant to an application by the Governor to the
Administrator, but such exclusion shall not take effect for a
period of 1-year after the application is approved (in the case
of Phase I Reformulated Gas Regulations) or 8-years after the
date on which the area was first included in the coverage of
such prohibition (in the case of Phase II Reformulated Gas
Regulations). After an area is excluded from coverage pursuant
to the preceding sentence, any subsequent inclusion (or
subsequent exclusion) of the area from such coverage shall not
take effect for a period of 1-year after the Governor's
application is approved. A Governor's application shall be
treated as approved under this subparagraph on the date on
which the Administrator publishes notice of such approval in
the Federal Register.''.
SEC. 12. NO<greek-KH> REDUCTIONS FOR REFORMULATED GAS.
Section 211(k)(2)(A) of the Clean Air Act is amended by adding the
following at the end thereof: ``The Administrator may not require that
emissions of oxides of nitrogen (NO<greek-KH>) from baseline vehicles
when using the reformulated gasoline be less than emissions from such
vehicles when using baseline gasoline.''.
SEC. 13. ESTABLISHING NATIONAL PRIMARY AMBIENT AIR QUALITY STANDARDS.
Section 109 of the Clean Air Act is amended as follows:
(1) At the end of subsection (a) add the following:
``(3) Within two years after the enactment of this paragraph the
Administrator shall promulgate national primary ambient air quality
goals and revised national primary ambient air quality standards.''.
(2) In subsection (b)(1), strike ``prescribed, under
subsection (a)'' and insert ``prescribed under subsection
(a)(1)''.
(3) Strike the last sentence of subsection (a)(1) and
insert ``The national primary ambient air quality goals
promulgated under subsection (a)(3) shall set forth a level of
ambient air quality, based on such criteria and allowing an
adequate margin of safety, that is requisite to protect the
public health. In establishing such level the Administrator
shall not take into account infrequent episodic variations in
air pollution levels that are caused by weather. The revised
national primary ambient air quality standards promulgated
under subsection (a)(3) shall be as close to such national
primary ambient air quality goals as feasible such that the
incremental costs of attaining such standard do not exceed the
incremental benefits of attaining the standard.''.
SEC. 14. TRANSPORTATION CONFORMITY.
Section 176 is amended to read as follows:
``SEC. 176. TRANSPORTATION CONFORMITY.
``Beginning on November 15, 1996, and at 4-year intervals
thereafter, each State shall submit a revised inventory and performance
plan for review by the Administrator. Such plan shall include a
certification by the State that the plan has been developed so as to
meet air quality goals. The applicability of a State approved
implementation plan shall become effective for the purposes of this
section upon signature of the Governor and shall continue unless
disapproved by the Administrator within 30 days. The form and content
of the inventory and performance plan shall solely be within the
purview of each State and the Administrator shall not disapprove such
plan unless the Administrator determines that a State has developed an
inventory and plan without adhering to such State's own processes and
procedures. If not disapproved within 30 days, such inventories and
plans shall be considered approved. Nothing in this section shall
require the submission of an inventory or plan more than once every 4
years.''.
SEC. 15. OVERWHELMING TRANSPORT.
Section 181 is amended by adding the following at the end thereof:
``(d) Overwhelming Transport.--If, based on photochemical grid
modeling demonstrations or any other analytical method determined by
the Administrator to be as effective, the Administrator determines that
the area is a downwind nonattainment area receiving ozone or ozone
precursor transport from outside the area and control of ozone
concentrations is beyond the ability of the area to control because
volatile organic compounds and oxides of nitrogen from sources within
such area do not make a significant contribution to ozone
concentrations in such area (or in any other ozone nonattainment area),
the Administrator may redesignate the area as attainment or as having a
lower classification.''.
SEC. 16. AUTOMOBILE INSPECTION AND MAINTENANCE.
Section 182(c)(3)(C)(iv) is amended by inserting ``safety
inspection approval or'' after ``denial of''.
SEC. 17. EMISSIONS TRADING.
Section 110 is amended by inserting the following new subsection
immediately before subsection (f):
``(e) Emissions Trading Programs.--The Administrator shall approve
any emissions trading program submitted under this section as part of
an applicable implementation plan or implementation plan revision for
any area unless the Administrator determines that such program would
result in the failure of a nonattainment area to attain the national
primary or secondary ambient air quality standards by the applicable
attainment date or in the failure of an area that has been designated
as attainment to maintain such standards. The Administrator shall not
be required to approve any plan which will result in increased
emissions (beyond the maintenance plan level) of the criteria pollutant
for which the area is classified as nonattainment.''. | Clean Air Act Amendments of 1996 - Amends the Clean Air Act to define permit program "applicable requirements." Revises Environmental Protection Agency (EPA) standards for permit programs regarding: (1) permitting authorities' requirements that a source obtain or modify a permit for a physical or operational change or another action prior to a date seven days after the change or action has begun; and (2) major stationary source permits that allow emissions increases and decreases at various units within the source without permit revision if certain overall emissions standards are met. Doubles the allowable term of a permit.
Requires, before permit program-related sanctions are imposed, a determination by the EPA Administrator that such failure will cause the State to fail to attain a national primary ambient air quality standard by the applicable date.
(Sec. 3) Repeals the authority of the Administrator to require enhanced monitoring of major stationary sources and revises compliance certification and method requirements.
(Sec. 4) Adds a definition of "potential to emit" to treat physical or operational limits on a source's capacity to emit regulated air pollutants as part of the source's design if the limitation is effective.
(Sec. 5) Requires, before sanctions are imposed for non-submittal, disapproval, or failure to implement requirements of a plan for a nonattainment area, a determination that the deficiency is likely to result in a failure by the State to attain a national primary ambient air quality standard by the applicable date. Makes the imposition of sanctions discretionary.
(Sec. 6) Modifies the procedure for permit revision where the Administrator promulgates a hazardous air pollutant emission standard, after the permit's issuance, that would be applicable to the source in lieu of the limitation established by permit.
(Sec. 7) Provides, with respect to plans for Moderate ozone nonattainment areas, for the crediting as reductions of certain voluntary measures implemented before designation as a nonattainment area.
(Sec. 8) Expands the factors allowing extension, upon State application, of the primary standard attainment date for ozone. Allows extension for certain areas that qualified for attainment designation but subsequently violated the ozone standard.
(Sec. 9) Shortens the time period and modifies the procedure for redesignation, upon State application, of an air quality control region.
(Sec. 10) Requires the Administrator, when evaluating the adequacy of State implementation plans for national primary and secondary ambient air quality standards, to credit provisions designed to control air pollution only during certain periods during which pollutant levels are elevated.
(Sec. 11) Imposes limitations on the inclusion, at a State's option, of ozone nonattainment areas in the prohibition requiring the sale of reformulated gasoline.
(Sec. 12) Prohibits the Administrator from requiring that nitrogen oxide emissions from baseline (representative) vehicles using reformulated gasoline be less than emissions from such vehicles using "baseline" gasoline.
(Sec. 13) Requires the promulgation of: (1) national primary ambient air quality goals that discount certain episodic weather-related variations; and (2) revised standards, using a cost-benefit analysis, as close to the air quality goals as is feasible.
(Sec. 14) Removes limitations on Federal assistance for transportation activities not conforming to a State implementation plan. Considers the form and content of a State inventory and performance plan solely within the purview of a State and declares such a plan effective upon the Governor's approval unless disapproved by EPA within 30 days. Makes the standard for approval the plan's adherence to the State's own processes and procedures.
(Sec. 15) Allows the upgrading of an ozone nonattainment area if the Administrator makes a specified determination concerning the inability of the area to control ozone concentrations resulting from downwind transport of ozone or precursors from another area.
(Sec. 16) Requires inclusion, in an enhanced vehicle inspection and maintenance program for a Serious ozone nonattainment area, of enforcement through denial of safety inspection approval (as an alternative to denial of registration, as under current law).
(Sec. 17) Requires the Administrator to approve an emissions trading program as part of an implementation plan unless certain attainment failures would result. | longest | 856 | 2,832 |
5 | SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Strengthening the
Transition and Reintegration Of the National Guard and Reserves Act''
or the ``STRONGR Act''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Extension of transitional health care coverage to one year for
members of reserve components for mental
health care.
Sec. 3. Increase in amount of basic educational assistance for members
of the Selected Reserve and members of
reserve components supporting contingency
operations.
Sec. 4. Nonreduction in pay while Federal employee is serving on active
duty in a reserve component of the
uniformed services.
Sec. 5. Assistance for State and local governments that continue to pay
employees who serve on active duty in a
reserve component of the uniformed
services.
Sec. 6. Active-duty reserve component employee credit added to general
business credit.
SEC. 2. EXTENSION OF TRANSITIONAL HEALTH CARE COVERAGE TO ONE YEAR FOR
MEMBERS OF RESERVE COMPONENTS FOR MENTAL HEALTH CARE.
Section 1145(a) of title 10, United States Code, is amended in
paragraph (3)--
(1) by inserting ``(A)'' after ``(3)''; and
(2) by adding at the end the following new subparagraph:
``(B) In addition to the period described in subparagraph
(A), transitional health care shall be available for an
additional 180 days, for mental health care only, to a member
of a reserve component described in paragraph (2)(B). The
additional 180 days shall begin at the end of the period
described in subparagraph (A).''.
SEC. 3. INCREASE IN AMOUNT OF BASIC EDUCATIONAL ASSISTANCE FOR MEMBERS
OF THE SELECTED RESERVE AND MEMBERS OF RESERVE COMPONENTS
SUPPORTING CONTINGENCY OPERATIONS.
(a) Members of Selected Reserve.--
(1) Increase in amount of assistance.--Section 16131(b) of
title 10, United States Code, is amended--
(A) in paragraph (1), by striking ``at the
following rates'' and all that follows through the end
and inserting ``at the rate provided under paragraph
(2).''; and
(B) in paragraph (2), by striking all and inserting
the following:
``(2)(A) Educational assistance provided under this chapter shall
be paid at a rate equal the applicable percentage under subparagraph
(B) of the rate provided under section 3015(a) of title 38 for an
approved program of education pursued on a full-time basis.
``(B) The applicable percentage under this subparagraph is--
``(i) 50 percent for each month in which the individual
pursues an approved program of education on a full time basis;
``(ii) 37.5 percent for each month in which the individual
pursues an approved program of education on a three-quarter-
time basis;
``(iii) 25 percent for each month in which the individual
pursues an approved program of education on a half-time basis;
and
``(iv) an appropriately reduced percent, as determined
under regulations which the Secretary of Veterans Affairs shall
prescribe, for each month in which the individual pursues an
approved program of education on less than a half-time basis,
except that no payment may be made to an individual for a month
in which the individual pursues such a program on less than a
half-time basis if tuition assistance is otherwise available to
the individual for such pursuit from the military department
concerned.''.
(2) Effective date.--The amendments made by paragraph (1)
shall apply with respect to an educational assistance allowance
under section 16131(b) of such title paid for months beginning
after the date of the enactment of this Act.
(b) Reserve Components Supporting Contingency Operations.--
(1) Increase in amount.--Section 16162(c)(4) of title 10,
United States Code, is amended--
(A) in subparagraph (A) by striking ``40 percent''
and inserting ``60 percent''; and
(B) in subparagraph (B) by striking ``60 percent''
and inserting ``70 percent''.
(2) Effective date.--The amendments made by paragraph (1)
shall apply with respect to an educational assistance allowance
under section 16162(c)(4) of such title paid for months
beginning after the date of the enactment of this Act.
SEC. 4. NONREDUCTION IN PAY WHILE FEDERAL EMPLOYEE IS SERVING ON ACTIVE
DUTY IN A RESERVE COMPONENT OF THE UNIFORMED SERVICES.
(a) In General.--Subchapter IV of chapter 55 of title 5, United
States Code, is amended by adding at the end the following new section:
``Sec. 5538. Nonreduction in pay while serving on active duty in a
reserve component
``(a) An employee who is also a member of a reserve component and
is absent from a position of employment with the Federal Government
under a call or order to serve on active duty for a period of more than
30 days shall be entitled to receive, for each pay period described in
subsection (b), an amount equal to the amount by which--
``(1) the amount of civilian basic pay that would otherwise
have been payable to the employee for such pay period if the
employee's civilian employment with the Government had not been
interrupted by the service on active duty, exceeds (if at all)
``(2) the amount of military compensation that is payable
to the employee for the service on active duty and is allocable
to such pay period.
``(b)(1) Amounts under this section shall be payable with respect
to each pay period (which would otherwise apply if the employee's
civilian employment had not been interrupted) that occurs--
``(A) while the employee serves on active duty for a period
of more than 30 days;
``(B) while the employee is hospitalized for, or
convalescing from, an illness or injury incurred in, or
aggravated during, the performance of such active duty; or
``(C) during the 14-day period beginning at the end of such
active duty or the end of the period referred to in
subparagraph (B).
``(2) Paragraph (1) shall not apply with respect to a pay period
for which the employee receives civilian basic pay (including by taking
any annual, military, or other paid leave) to which the employee is
entitled by virtue of the employee's civilian employment with the
Government.
``(c) Any amount payable under this section to an employee shall be
paid--
``(1) by the employing agency of the employee;
``(2) from the appropriation or fund that would be used to
pay the employee if the employee were in a pay status; and
``(3) to the extent practicable, at the same time and in
the same manner as would civilian basic pay if the employee's
civilian employment had not been interrupted.
``(d) In consultation with Secretary of Defense, the Office of
Personnel Management shall prescribe such regulations as may be
necessary to carry out this section.
``(e)(1) In consultation with the Office, the head of each agency
referred to in section 2302(a)(2)(C)(ii) shall prescribe procedures to
ensure that the rights under this section apply to the employees of
such agency.
``(2) The Administrator of the Federal Aviation Administration
shall, in consultation with the Office, prescribe procedures to ensure
that the rights under this section apply to the employees of that
agency.
``(f) For the purpose of this section--
``(1) the terms `active duty for a period of more than 30
days', `member', and `reserve component' have the meanings
given such terms in section 101 of title 37;
``(2) the term `civilian basic pay' includes any amount
payable under section 5304;
``(3) the term `employing agency', as used with respect to
an employee entitled to any payments under this section, means
the agency or other entity of the Government (including an
agency referred to in section 2302(a)(2)(C)(ii)) with respect
to which the employee has reemployment rights under chapter 43
of title 38; and
``(4) the term `military compensation' has the meaning
given the term `pay' in section 101(21) of title 37.''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 55 of title 5, United States Code, is amended by inserting
after the item relating to section 5537 the following new item:
``5538. Nonreduction in pay while serving on active duty in a reserve
component.''.
(c) Application of Amendment.--Section 5538 of title 5, United
States Code, as added by subsection (a), shall apply with respect to
pay periods (as described in subsection (b) of such section) beginning
on or after the date of the enactment of this Act.
SEC. 5. ASSISTANCE FOR STATE AND LOCAL GOVERNMENTS THAT CONTINUE TO PAY
EMPLOYEES WHO SERVE ON ACTIVE DUTY IN A RESERVE COMPONENT
OF THE UNIFORMED SERVICES.
(a) In General.--Chapter 17 of title 37, United States Code, is
amended by adding at the end the following new section:
``Sec. 911. Assistance for State and local governments that continue to
pay employees who serve on active duty
``(a) Continuation of Civilian Basic Pay.--It is the purpose of
this section to encourage States and local governments to continue to
pay a portion of the civilian compensation of those employees who are
also members of a reserve component and are absent from a position of
employment with the State or local government under a call or order to
serve on active duty for a period of more than 30 days so that the
employees receive compensation in an amount that, when taken together
with their military pay, is at least equal to their civilian
compensation.
``(b) Reimbursement Offered.--(1) At the request of a State or
local government that continues to pay all or a portion of the civilian
compensation of an employee described in subsection (a), the Secretary
concerned shall reimburse the State or local government for 50 percent
of the civilian compensation paid by the State or local government for
each pay period described in subsection (c), but not to exceed 50
percent of the difference (if any) between--
``(A) the amount of civilian compensation that would
otherwise have been payable to the employee for such pay period
if the employee's civilian employment with the State or local
government had not been interrupted by the service on active
duty; and
``(B) the amount of military pay that is payable to the
employee for the service on active duty and is allocable to
such pay period.
``(2) If the pay periods described in subsection (c) extend more
than nine consecutive months after the first day of the first month
during which the employee began to serve on active duty for a period of
more than 30 days, the reimbursement rate shall become 100 percent for
the subsequent payments. However, as is the case under paragraph (1),
reimbursement shall be provided only for the difference (if any)
between--
``(A) the amount of civilian compensation that would
otherwise have been payable to the employee for such pay period
if the employee's civilian employment with the State or local
government had not been interrupted by the service on active
duty; and
``(B) the amount of military pay that is payable to the
employee for the service on active duty and is allocable to
such pay period.
``(c) Pay Periods.--Reimbursement shall be provided under this
section with respect to each pay period (which would otherwise apply if
the employee's civilian employment had not been interrupted) that
occurs--
``(1) while the employee serves on active duty for a period
of more than 30 days;
``(2) while the employee is hospitalized for, or
convalescing from, an illness or injury incurred in, or
aggravated during, the performance of such active duty; or
``(3) during the 14-day period beginning at the end of such
active duty or the end of the period referred to in
subparagraph (B).
``(d) Effect of Failure To Return to Employment.--(1) If an
employee described in subsection (a), with respect to whom
reimbursement is provided to a State or local government under this
section, fails to report or apply for employment or reemployment with
the State or local government by the end of the period referred to in
subsection (c)(3), the employee shall refund to the Secretary concerned
the total amount of the reimbursement provided with respect to the
employee.
``(2) Subject to paragraph (3), an obligation to refund moneys to
the United States imposed under paragraph (1) is for all purposes a
debt owed to the United States.
``(3) The Secretary concerned may waive, in whole or in part, a
refund required under paragraph (1) if the Secretary concerned
determines that recovery would be against equity and good conscience or
would be contrary to the best interests of the United States.
``(4) A discharge in bankruptcy under title 11 that is entered less
than five years after the end of the period referred to in subsection
(c)(3) does not discharge the employee from a debt arising under
paragraph (1). This paragraph applies to any case commenced under title
11 after the date of the enactment of this section.
``(e) Regulations.--The Secretaries concerned shall prescribe
regulations to carry out this section.
``(f) Definitions.--In this section:
``(1) The term `civilian compensation' means the wages or
salary that an employee of a State or local government normally
receives from the employee's employment by the State or local
government.
``(2) The term `local government' means an agency or
political subdivision of a State.
``(3) The term `military pay' has the meaning given the
term `pay' in section 101(21) of this title.
``(4) The term `State' means each of the several States of
the United States, the District of Columbia, the Commonwealth
of Puerto Rico, Guam, the Virgin Islands, and other territories
or possessions of the United States.''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 17 of title 37, is amended by inserting after the item relating
to section 909 the following new item:
``911. Assistance for State and local governments that continue to pay
employees who serve on active duty.''.
(c) Application of Amendment.--Section 911 of title 37, United
States Code, as added by subsection (a), shall apply with respect to
pay periods (as described in subsection (b) of such section) beginning
on or after the date of the enactment of this Act.
SEC. 6. ACTIVE-DUTY RESERVE COMPONENT EMPLOYEE CREDIT ADDED TO GENERAL
BUSINESS CREDIT.
(a) Addition of Credit.--Subpart D of part IV of subchapter A of
chapter 1 of the Internal Revenue Code of 1986 (relating to business-
related credits) is amended by adding at the end the following new
section:
``SEC. 45N. ACTIVE-DUTY RESERVE COMPONENT EMPLOYEE CREDIT.
``(a) General Rule.--For purposes of section 38, in the case of an
employer, the active-duty reserve component employee credit determined
under this section for the taxable year is an amount equal to 50
percent of the compensation paid by the employer to an employee who is
also a member of a reserve component during the taxable year when the
employee was absent from employment for a reason described in
subsection (b).
``(b) Limitation.--The amount allowed as a credit under subsection
(a) shall not exceed 50 percent of the difference (if any) between--
``(1) the amount of compensation that would otherwise have
been payable to the employee during such absence if the
employee's employment with the employer had not been
interrupted by the employee's absence; and
``(2) the amount of military pay that is payable to the
employee during the absence.
``(c) Covered Pay Periods.--Subsection (a) shall apply with respect
to an employee who is also a member of a reserve component--
``(1) while the employee serves on active duty for a period
of more than 30 days;
``(2) while the employee is hospitalized for, or
convalescing from, an illness or injury incurred in, or
aggravated during, the performance of such active duty; or
``(3) during the 14-day period beginning at the end of such
active duty or the end of the period referred to in paragraph
(2).
``(d) Days Not Taken Into Account.--No credit shall be allowed
under subsection (a) with respect to an employee on any day on which
the employee was not scheduled to work (for a reason other than such
service on active duty) and ordinarily would not have worked.
``(e) Definitions.--For purposes of this section--
``(1) The terms `active duty for a period of more than 30
days', `member', and `reserve component' have the meanings
given such terms in section 101 of title 37, United States
Code.
``(2) The term `compensation' means any remuneration for
employment, whether in cash or in kind, which is paid or
incurred by a taxpayer and which is deductible from the
taxpayer's gross income under section 162(a)(1).''.
(b) Credit To Be Part of General Business Credit.--Subsection (b)
of section 38 of such Code (relating to general business credit) is
amended by striking ``plus'' at the end of paragraph (30), by striking
the period at the end of paragraph (31) and inserting ``, plus'', and
by adding at the end the following new paragraph:
``(32) the active-duty reserve component employee credit
determined under section 45N(a).''.
(c) Conforming Amendment.--The table of sections for subpart D of
part IV of subchapter A of chapter 1 of such Code is amended by
inserting after the item relating to section 45M the following new
item:
``Sec. 45N. Active-duty reserve component employee credit.''.
(d) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2007. | Strengthening the Transition and Reintegration of the National Guard and Reserves Act or STRONGR Act - Provides an additional 180-day period of military mental health care coverage for members of the reserves separated from service following active duty of more than 30 days in support of a contingency operation.
Increases the amount of basic educational assistance under the Montgomery GI Bill for members of the Selected Reserve and reserve personnel supporting contingency operations.
Entitles a federal employee who is a member of a reserve component to receive the difference in pay between military compensation and civilian compensation during periods of active duty exceeding 30 days.
Directs the Secretary of the military department concerned to reimburse states or local governments for 50% of the civilian compensation paid by such governments to equalize military and civilian pay. Increases the reimbursement rate to 100% if active duty extends beyond nine months.
Amends the Internal Revenue Code to establish an active-duty reserve component employee credit for employers who provide compensation to employees on active duty. | longest | 1,811 | 2,822 |
6 | SECTION 1. SHORT TITLE.
This Act may be cited as the ``Mandatory Spending Control Act of
1993''.
SEC. 2. PURPOSE.
The purpose of this Act is to determine appropriate methods for
limiting the growth of mandatory spending, including decreased funding
levels, growth limits, and improved cost efficiency.
SEC. 3. MANDATORY SPENDING CONTROL COMMISSION.
(a) Establishment.--There is established an independent commission
to be known as the ``Mandatory Spending Control Commission''.
(b) Duties.--The Commission shall carry out the duties specified
for it in this Act.
(c) Appointment.--(1)(A) The Commission shall be composed of 9
members appointed by the President, by and with the advice and consent
of the Senate.
(B) By January 1, 1995, the President shall submit to the Senate
the nominations of those first appointed to the Commission.
(2) In selecting individuals for nominations for appointments to
the Commission, the President should consult with--
(A) the Speaker of the House of Representatives concerning
the appointment of 2 members;
(B) the majority leader of the Senate concerning the
appointment of 2 members;
(C) the minority leader of the House of Representatives
concerning the appointment of 1 member; and
(D) the minority leader of the Senate concerning the
appointment of 1 member.
(3) At the time the President nominates individuals for appointment
to the Commission, the President shall designate 1 such individual to
serve as Chairman of the Commission.
(4) A vacancy in the Commission shall be filled in the manner in
which the original appointment was made.
(d) Terms.--(1) Except as provided by paragraphs (2) and (3),
members (including the member designated as chairman) shall be
appointed for terms of 3 years.
(2) Of the members first appointed--
(A) 1 appointed in consultation with the Speaker, 1
appointed in consultation with the majority leader of the
Senate, and 1 appointed by the President shall be appointed for
terms of 1 year; and
(B) 1 appointed in consultation with the minority leader of
the House of Representatives, 1 appointed in consultation with
the minority leader of the Senate, and 1 appointed by the
President shall be appointed for terms of 2 years.
(3) Any member appointed to fill a vacancy occurring before the
expiration of the term for which his predecessor was appointed shall be
appointed only for the remainder of that term. A member may serve after
the expiration of his term until his successor has taken office. No
individual may serve on the Commission for more than 1 term.
(e) Meetings.--(1) Each meeting of the Commission, other than
meetings in which classified information is to be discussed, shall be
open to the public.
(2) All the proceedings, information, and deliberations of the
Commission shall be open, upon request, to the chairman and ranking
minority party member of the Committee on the Budget of each House of
Congress.
(f) Pay and Travel Expenses.--(1)(A) Each member, other than the
Chairman, shall be paid at a rate equal to the daily equivalent of the
minimum annual rate of basic pay payable for level IV of the Executive
Schedule under section 5315 of title 5, United States Code, for each
day (including travel time) during which the member is engaged in the
actual performance of duties vested in the Commission.
(B) The Chairman shall be paid for each day referred to in
subparagraph (A) at a rate equal to the daily equivalent of the minimum
annual rate of basic pay payable for level III of the Executive
Schedule under section 5314 of title 5, United States Code.
(2) Members shall receive travel expenses, including per diem in
lieu of subsistence, in accordance with sections 5702 and 5703 of title
5, United States Code.
(g) Director of Staff.--(1) The Commission shall, without regard to
section 5311(b) of title 5, United States Code, appoint a Director who
has not served as a Federal employee during the one-year period
preceding the date of such appointment.
(2) The Director shall be paid at the rate of basic pay payable for
level IV of the Executive Schedule under section 5315 of title 5,
United States Code.
(h) Staff.--(1) Subject to paragraphs (2) and (3), the Director,
with the approval of the Commission, may appoint and fix the pay of
additional personnel.
(2) The Director may make such appointments without regard to the
provisions of title 5, United States Code, governing appointments in
the competitive service, and any personnel so appointed may be paid
without regard to the provisions of chapter 51 and subchapter III of
chapter 53 of that title relating to classification and General
Schedule pay rates, except that an individual so appointed may not
receive pay in excess of the maximum annual rate of basic pay payable
for a position above GS-15 of the General Schedule.
(3) Not more than one-third of the personnel employed by or
detailed to the Commission may be on detail from any Government agency
or from the legislative branch.
(4) Upon request of the Chairman, the head of any Federal
department or agency may detail any of the personnel of that department
or agency to the Commission to assist the Commission in carrying out
its duties under this Act.
(i) Consultants and Property.--(1) The Commission may procure by
contract, to the extent funds are available, the temporary or
intermittent services of experts or consultants pursuant to section
3109 of title 5, United States Code.
(2) The Commission may lease space and acquire personal property to
the extent funds are available.
(j) Funding.--There are authorized to be appropriated $3,000,000 to
the Commission for fiscal year 1995 and for each subsequent fiscal year
to carry out its duties under this Act. Upon confirmation of all
Commissioners, each cabinet level department shall transfer from its
administrative expenses account necessary funding to the Commission on
a pro rata basis based on that department's funding percentage of the
total executive branch budget.
(k) Termination.--The Commission shall terminate on the thirtieth
calendar day beginning after the President notifies the Commission, in
writing, that the budget has been in balance (or in surplus) for two
consecutive fiscal years, unless, as a part of that notificiation, the
President states that for budgetary reasons he has determined that the
Commission shall not so terminate.
SEC. 4. PROCEDURE FOR MAKING RECOMMENDATION FOR PROPOSED CUTS.
(a) Review and Recommendations by the Commission.--(1) Before May
15 of each calendar year, the Commission shall examine and review all
mandatory spending programs, and conduct public hearings, to determine
appropriate methods for limiting the growth of these programs to 103
percent of aggregate spending for mandatory programs for the preceding
fiscal year.
(2) The Commission shall request recommendations for mandatory
spending reductions from the heads of executive departments and
agencies, chairmen of congressional committees, the Director of the
Congressional Budget Office, the Director of the Office of Management
and Budget, the Director of the General Accounting Office, and any
other persons who may be of assistance. These heads shall also provide
to the Commission information respecting programs within their
jurisdiction. The Commission may also consider unsolicited comments.
(3) Individuals named in paragraph (2) shall endeavor to promptly
comply with requests made to them by the Commission under that
paragraph.
(b) The Commission shall, by May 15th, transmit to the President a
report containing the Commission's findings and conclusions based on a
review and analysis of the recommendations.
(c) Review by the President.--The President shall, by June 1st,
transmit to the Commission a report containing the President's comments
and suggestions respecting the Commission's recommendations.
(d) Final Recommendations.--After reviewing the comments and
suggestions of the President, the Commission shall transmit, by June
15th, a report of its final recommendations to the Congress and to the
public. This report shall take into account any net reduction in
spending for mandatory programs set forth in the concurrent resolution
on the budget (as agreed to) for the fiscal year covered by the report.
If that concurrent resolution is in compliance with the growth
limitation provision for that fiscal year as set forth in subsection
(a)(1), then the report of the Commission shall recommend no
congressional action respecting that fiscal year.
(e) Growth Limitation.--All reports described in this section shall
be in full compliance with the growth limitation provision of
subsection (a)(1).
(f) Criteria for Recommendations.--All reports described in this
section shall set forth the criteria upon which its recommendations are
based.
SEC. 5. CONGRESSIONAL CONSIDERATION OF COMMISSION'S REPORT.
(a) Definitions.--For purposes of this section--
(1) the term ``implementing bill'' means only a bill which
is introduced as provided under subsection (b), and contains
the proposed legislative recommendations contained in the final
report submitted to the Congress under section 4(e) without
modification; and
(2) the term ``session day'' means a day that either the
Senate or the House of Representatives is in session.
(b) Introduction.--On the fifth calendar day beginning after the
date on which a final report is submitted to the Congress under section
4(e), an implementing bill shall be introduced--
(1) in the Senate by the majority leader for himself and
the minority leader; and
(2) in the House of Representatives by the majority leader
for himself and the minority leader.
(c) Discharge.--If the committee to which an implementing bill is
referred has not reported that bill within one month, that committee
shall be immediately discharged from further consideration of such
bill, and such bill shall be placed on the appropriate calendar of the
House involved.
(d) Consideration.--(1)(A) On or after the first day after the date
on which the committee to which an implementing bill is referred has
reported, or has been discharged (under subsection (c)) from further
consideration of, such a bill, it is in order (even though a previous
motion to the same effect has been disagreed to) for any member of the
House of Representatives or the Senate, respectively, to move to
proceed to the consideration of the bill (but only the day after the
calendar day on which the member announces to the House concerned the
member's intention to do so).
(B) All points of order against an implementing bill (and against
consideration of that bill) are waived except the point of order set
forth in subsection (g).
(C)(i) A motion to proceed to the consideration of an implementing
bill is highly privileged in the House of Representatives and is
privileged in the Senate and is not debatable.
(ii) A motion described in clause (i) is not subject to amendment,
to a motion to proceed to the consideration of other business, or to a
motion to table.
(iii) A motion to reconsider the vote by which a motion described
in clause (i) is agreed to or not agreed to shall not be in order.
(iv) If a motion described in clause (i) is agreed to, the House of
Representatives or the Senate, as the case may be, shall immediately
proceed to consideration of the bill without intervening motion, order,
or other business, and the bill shall remain the unfinished business of
the House of Representatives or the Senate, as the case may be, until
disposed of.
(2)(A) Debate on an implementing bill and on all debatable motions
and appeals in connection therewith shall be limited to not more than 4
hours in the House of Representatives and 10 hours in the Senate, which
shall be divided equally between those favoring and those opposing the
bill.
(B) An amendment to an implementing bill is not in order. This
provision is not subject to a motion to suspend, nor can a unanimous
consent agreement wave this section.
(C) A motion further to limit debate on an implementing bill is in
order and not debatable.
(D) A motion to postpone consideration of an implementing bill, a
motion to proceed to the consideration of other business, a motion to
table, or a motion to recommit the bill is not in order.
(E) A motion to reconsider the vote by which an implementing bill
is agreed to or not agreed to is not in order.
(3) Immediately following the conclusion of the debate on an
implementing bill and a single quorum call at the conclusion of the
debate if requested in accordance with the rules of the House of
Representatives or the Senate, as the case may be, the vote on final
passage of the bill shall occur.
(4) Appeals from the decisions of the Chair relating to the
application of the rules of the House of Representatives or of the
Senate, as the case may be, to the procedure relating to an
implementing bill shall be decided without debate.
(e) Consideration by Other House.--(1) If, before the passage by
one House of an implementing bill that was introduced in that House,
that House receives from the other House an implementing bill--
(A) the bill of the other House shall not be referred to a
committee and may not be considered in the House that receives
it otherwise than on final passage under subparagraph (B)(ii);
and
(B)(i) the procedure in the House that receives such a bill
with respect to such a bill that was introduced in that House
shall be the same as if no bill had been received from the
other House; but
(ii) the vote on final passage shall be on the bill of the
other House.
(2) Upon disposition of an implementing bill that is received by
one House from the other House, it shall no longer be in order to
consider such a bill that was introduced in the receiving House.
(f) Date Certain.--If the Senate and the House of Representatives
have not acted upon the implementing bill by July 20th, then on that
day or the next day of session thereafter the bill shall be called up
by the Presiding Officer of each House upon convening and a roll call
vote shall be conducted on passage, but after that House of Congress
has debated the bill pursuant to the provisions of subsections
(d)(2)(A) and (C). If the bill passes one House, the bill shall be
transmitted on the same legislative day to the other House and that
House shall vote on passage of that bill on its next session day.
(g) Point of Order.--It shall not be in order in the House of
Representatives or the Senate to consider any implementing bill that is
not in full compliance with the growth limitation provision of section
4(a)(1) or that contains any provision that increases taxes.
(h) Rules of the Senate and House of Representatives.--This section
is enacted by Congress--
(1) as an exercise of the rulemaking power of the Senate
and House of Representatives, respectively, and is deemed to be
part of the rules of each House, respectively, but applicable
only with respect to the procedure to be followed in that House
in the case of an implementing bill, and it supersedes other
rules only to the extent that it is inconsistent with such
rules; and
(2) with full recognition of the constitutional right of
either House to change the rules (so far as they relate to the
procedure of that House) at any time, in the same manner, and
to the same extent as in the case of any other rule of that
House.
SEC. 6. BUDGET OUTLAY REDUCTIONS PERMANENT.
All obligational authority reduced pursuant to this Act shall be
done in a manner that shall make such reductions permanent.
SEC. 7. ADDITIONAL ENFORCEMENT PROVISIONS.
No reductions in direct spending pursuant to this Act shall be
treated as a net deficit decrease for purposes of section 252 of the
Balanced Budget and Emergency Deficit Control Act of 1985.
SEC. 8. COMPLIANCE REPORT BY COMPTROLLER GENERAL.
Within 15 days after the end of a session of Congress, the
Comptroller General shall submit to the Congress and the President a
report stating whether the requirements of this Act have been complied
with and indicating the respects (if any) in which they have not.
SEC. 9. DEFINITIONS AND SCOREKEEPING.
(a) Definition.--(1) As used in this Act, the term ``direct
spending'' has the meaning given to that term by section 250(c) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
(2) As used in this Act, the term ``mandatory spending'' has the
meaning given to ``direct spending'' by section 250(c) of the Balanced
Budget and Emergency Deficit Control Act of 1985, except that, for
purposes of this Act only, it includes social security and excludes net
interest and deposit insurance.
(b) Scorekeeping.--The Congressional Budget Office shall prepare
all necessary estimates to carry out this Act in conformance with its
scorekeeping guidelines. | Mandatory Spending Control Act of 1993 - Establishes the Mandatory Spending Control Commission to determine appropriate methods for limiting the growth of mandatory spending programs. Sets forth procedures for the Commission to report legislative recommendations to the Congress. Provides for congressional consideration of a bill to implement such recommendations. | longest | 1,250 | 2,754 |
7 | SECTION 1. SHORT TITLE.
This Act may be cited as the ``Headwaters Forest Act''.
SEC. 2. FINDINGS AND PURPOSE.
(a) Findings.--The Congress finds that:
(1) Redwoods are a significant national symbol and a
defining symbol of the State of California.
(2) Old growth redwood trees are a unique and irreplaceable
natural resource.
(3) Most of the Nation's old growth forests have been cut.
Less than 5 percent of the original 2,000,000 acre Coast
redwoods remain standing. The groves that are left are crucial
to maintain habitat needed for survival of old-growth dependent
species. The Headwaters Forest, for example, is home to one of
California's three largest population of marbled murrelets,
rare sea birds that nest only in coastal old growth trees; the
Northern Spotted Owl; and native salmon stocks that spawn in
the Forest's creeks.
(4) The remaining unprotected stands of old growth forests
and old growth redwoods are under immediate threat of being
harvested without regard to their ecological importance and
without following Federal timber harvest guidelines.
(5) Significant amounts of old growth redwoods in the
proposed National Forest additions are being cut at a pace that
is based on paying high interest rates on poor quality bonds
and not at a pace that is based on sound forest management
practices.
(6) The continued fragmentation and loss of irreplaceable
ecosystems creates an urgent need to develop creative solutions
to achieve the long-term benefits of permanent protection and
preservation.
(b) Purpose.--The purpose of this Act is to provide for the sound
management and protection of old growth Redwood forest areas in
Humboldt County, California, and to preserve and enhance habitat for
the marbled murrelet, Northern Spotted owl, native salmon stocks, and
other old growth forest dependent species, by adding certain lands and
waters to the Six Rivers National Forest and by including a portion of
such lands in the national wilderness preservation system.
(c) Definitions.--For purposes of this Act:
(1) The terms ``Six Rivers National Forest Addition'' and
``Headwaters Forest'' mean the area authorized for land
acquisition activities under section 3, as depicted on the map
described in section 3(b)(1).
(2) The term ``Secretary'' means the Secretary of
Agriculture.
SEC. 3. ADDITION TO SIX RIVERS NATIONAL FOREST.
(a) Modification of Boundaries.--Effective upon the consummation of
a land acquisition conducted as provided in subsection (b), the
Secretary of Agriculture shall modify the exterior boundaries of the
Six Rivers National Forest in the State of California to include the
acquired lands.
(b) Acquisition of Land.--
(1) Area for acquisition activities.--The Secretary may
acquire lands and interests in land within the boundaries of an
area comprising approximately 44,000 acres, as generally
depicted on the map entitled ``Six Rivers National Forest
Addition proposed'' and dated June 1993, for inclusion in the
Six Rivers National Forest under subsection (a). The map shall
be on file and available for public inspection in the offices
of the Forest Supervisor, Six Rivers National Forest, and in
the offices of the Chief of the Forest Service, Department of
Agriculture.
(2) Manner of conducting acquisition.--Lands and interests
in lands within the Six Rivers National Forest Addition may be
acquired by the Secretary only by donation, by purchase with
donated or appropriated funds, or by exchange.
(3) Special rule for federal transfers.--For purposes of
making an exchange under paragraph (2), excess or surplus lands
under the jurisdiction of any other department, agency, or
instrumentality of the United States may be transferred,
subject to the advance approval of the transfer by law, to the
administrative jurisdiction of the Secretary if the Secretary
identifies the lands as suitable for use in making an exchange.
To facilitate the approval of a transfer of lands under this
paragraph, the Secretary shall submit to the Committee on
Agriculture and the Committee on Natural Resources of the House
of Representatives and to the Committee on Agriculture,
Nutrition, and Forestry of the Senate proposed legislation in
connection with the proposed transfer. The transfer of lands
under this paragraph shall be made without compensation to the
transferring department, agency, or instrumentality.
(4) Acquisition of certain lands outside addition.--When a
tract of land proposed to be acquired is only partly within the
Six Rivers National Forest Addition, the Secretary may acquire
all or any portion of the land outside of the Six Rivers
National Forest Addition to minimize the payment of severance
costs. Land acquired outside of the boundaries may be exchanged
by the Secretary for non-Federal lands within the boundaries.
Land acquired outside of the boundaries of the Six Rivers
National Forest Addition under this paragraph and not used for
exchange shall be reported to the Administrator of the General
Services Administration for disposal under the Federal Property
and Administrative Services Act of 1949 (40 U.S.C. 471 et
seq.).
(5) Special rule for state or local government lands.--
Lands and interests in lands within the boundaries of the Six
Rivers National Forest Addition that are owned by the State of
California or any political subdivision thereof, may be
acquired only by donation or exchange.
(6) Acceptance and use of funds.--The Secretary may accept
from the State of California funds to cover the cost of
acquiring lands within the Six Rivers National Forest Addition.
Notwithstanding any other provision of law, the Secretary may
retain and expend such funds for purposes of such acquisition.
Such funds shall be available for such purpose without further
appropriation and without fiscal year limitation.
(c) Land Acquisition Plan.--The Secretary shall develop and
implement, within 6 months after the date of the enactment of this Act,
a land acquisition plan that contains specific provisions addressing
how and when lands will be acquired under subsection (b). The plan
shall give priority first to the acquisition of lands within the Six
Rivers National Forest Addition proposed for inclusion in the National
Wilderness Preservation System. The plan shall include an analysis of
the possibilities for acquisition through means other than the
expenditure of funds, including the use of excess and surplus Federal
properties. The Secretary shall identify and list these properties. The
Secretary shall submit copies of the plan to the Committee on Natural
Resources, the Committee on Agriculture, and the Committee on
Appropriations of the House of Representatives and to the Committee on
Energy and Natural Resources, the Committee on Agriculture, Nutrition,
and Forestry, and the Committee on Appropriations of the Senate.
(d) Authorization of Appropriations; Limitation.--There are
authorized to be appropriated such sums as may be necessary to carry
out this Act; except that the total amount obligated or expended to
acquire lands or interests in lands in the Six Rivers Forest Addition
shall not exceed $200,000,000.
(e) Termination of Acquisition Authority.--Notwithstanding any
other provision of this section, the Secretary may not acquire lands
under the authority of this section after the end of the 10-year period
beginning on the date of the enactment of this Act.
(f) Consent of Owner Required for Acquisition.--Lands and interests
in lands within the Six Rivers National Forest Addition may not be
acquired by the Secretary for purposes of this Act without the consent
of the owner of the lands. The Secretary may not acquire lands or
interests in lands within the Six Rivers National Forest Addition by
condemnation.
SEC. 4. WILDERNESS AREAS.
(a) Designation.--In furtherance of the purposes of the Wilderness
Act (16 U.S.C. 1131-1136), lands in the State of California acquired
under section 3 of this Act which are within the areas generally
depicted on the map referred to in section 3 as the ``Headwaters Forest
Wilderness (Proposed)'' shall be designated as wilderness and therefore
as a component of the National Wilderness Preservation System,
effective upon acquisition under section 3. Such lands shall be known
as the Headwaters Forest Wilderness.
(b) Map and Description.--As soon as practicable after the
inclusion of any lands in the Headwaters Forest Wilderness, the
Secretary shall file a map and a legal description of the area so
included with the Committee on Natural Resources of the House of
Representatives and with the Committee on Energy and Natural Resources
of the Senate. The Secretary may correct clerical and typographical
errors in such legal description and such map. Each such map and legal
description shall be on file and available for public inspection in the
offices of the Forest Supervisor, Six Rivers National Forest, and in
the offices of the Chief of the Forest Service, Department of
Agriculture.
(c) Buffer Zones Not Intended.--The Congress does not intend that
designation of any area as wilderness under this section lead to the
creation of protective perimeters or buffer zones around the wilderness
area. The fact that nonwilderness activities or uses can be seen or
heard from areas within a wilderness shall not, of itself, preclude
such activities or uses up to the boundary of the wilderness area.
(d) State Authority Over Fish and Wildlife.--As provided in section
4(d)(8) of the Wilderness Act, nothing in this Act shall be construed
as affecting the jurisdiction or responsibilities of the State of
California with respect to wildlife and fish in any areas designated by
this Act as wilderness.
SEC. 5. ADMINISTRATION.
(a) Management Plan.--Within 1 year after acquiring all or part of
the lands identified to be acquired in section 3, the Secretary shall
develop a comprehensive management plan for the acquired lands
detailing measures for the preservation of the existing old growth
redwood ecosystems. The management plan shall include each of the
following with respect to the lands so acquired:
(1) Prohibition of the sale of timber from lands within the
old growth redwood groves as depicted generally on the map
referred to in section 3(b)(1). Timber sales in other areas
within the Six Rivers National Forest Addition shall be allowed
consistent with the purposes of this Act and other applicable
Federal laws and regulations.
(2) Measures to restore lands affected by previous timber
harvests to mitigate watershed degradation and impairment of
habitat for the marbled murrelet, northern spotted owl, native
salmon stocks, and other old-growth forest dependent species.
The management plan shall be reviewed and revised each time the land
and resource management plan for the Six Rivers National Forest is
revised or more frequently as necessary to meet the purposes of this
Act.
(b) Applicable Laws and Policies.--(1) The Secretary, acting
through the Chief of the Forest Service, shall administer the lands
acquired under section 3(b) in accordance with the Management Plan,
this Act, and with the other laws, rules, and regulations applicable to
such national forest. In addition, subject to valid existing rights,
any lands acquired and designated as wilderness under section 4(a)
shall also be administered in accordance with the provisions of the
Wilderness Act governing areas designated by that Act as wilderness,
except that any reference in such provisions to the effective date of
the Wilderness Act (or any similar reference) shall be deemed to be a
reference to the date of acquisition of such lands under section 3 of
this Act.
(2) To the maximum extent practicable, all work to implement the
management plan's Restoration Measures shall be performed by unemployed
forest and timber workers, unemployed commercial fishermen, or other
unemployed persons whose livelihood depends on fishery and timber
resources.
(3) In order to facilitate management, the Secretary, acting
through the Chief of the Forest Service may enter into agreements with
the State of California for the management of lands owned by the State
or purchased with State assistance.
SEC. 6. PAYMENTS TO LOCAL GOVERNMENT.
(a) PILT.--Solely for purposes of payments made pursuant to chapter
69 of title 31 of the United States Code, all lands added to the Six
Rivers National Forest by this Act shall be deemed to have been
acquired for the purposes specified in section 6904(a) of such title
31.
(b) 10-Year Payment.--(1) Subject to annual appropriations and the
provisions of subsection (c), for a period of 10 years after
acquisition by the United States of lands added to the Six Rivers
National Forest by this Act, the Secretary, with respect to such
acquired lands, shall make annual payments to Humboldt County in the
State of California in an amount equal to the State of California
Timber Yield Tax revenues payable under the California Revenue and
Taxation Code (sec. 38101 et seq.) in effect as of the date of
enactment of this Act that would have been paid with respect to such
lands if the lands had not been acquired by the United States, as
determined by the Secretary pursuant to this subsection.
(2) The Secretary shall determine the amounts to be paid pursuant
to paragraph (1) of this subsection based on an assessment of a variety
of factors including, but not limited to--
(A) timber actually sold in the subject year from
comparable commercial forest lands of similar soil type, slope
and such determination of appropriate timber harvest levels,
(B) comparable timber size class, age, and quality,
(C) market conditions,
(D) all applicable Federal, State, and local laws and
regulations, and
(E) the goal of sustainable, even-flow harvest or renewable
timber resources.
(c) California Timber Yield Tax.--The amount of State of California
Timber Yield Tax payments paid to Humboldt County in any year pursuant
to the laws of California for timber sold from lands acquired under
this Act shall be deducted from the sums to be paid to Humboldt County
in that year under subsection (b).
(d) 25-Percent Fund.--Amounts paid under subsection (b) with
respect to any land in any year shall be reduced by any amounts paid
under the Act of May 23, 1908 (16 U.S.C. 500) which are attributable to
sales from the same lands in that year.
SEC. 7. FOREST STUDY.
The Secretary shall study the lands within the area comprising
approximately 13,620 acres and generally depicted as ``Study Area'' on
the map referred to in section 3(a). The study shall analyze the area's
potential to be added to the Headwaters Forest and shall identify the
natural resources of the area including the location of old growth
forests, old growth redwood stands, threatened and endangered species
habitat and populations including the northern spotted owl and marbled
murrelet, commercial timber volume, recreational opportunities,
wildlife and fish, watershed management, and the cost of acquiring the
land. Within one year of the date of enactment of this Act, the
Secretary shall submit a report with the findings of the study to the
Committees on Natural Resources, and Agriculture of the United States
House of Representatives and the Committees on Energy and Natural
Resources, and Agriculture, Nutrition, and Forestry of the United
States Senate.
SEC. 8. NO ADVERSE EFFECT ON LANDS UNTIL ACQUIRED.
(a) In General.--Until the lands in the Six River National Forest
Addition are acquired under section 3, the owners of the lands and
their designees shall be entitled to the full and lawful use and
enjoyment of the lands. Nothing in this Act may be--
(1) construed to impose any limitations upon any otherwise
lawful use of the lands by the owners of the lands or their
designees;
(2) construed as authority to defer the submission, review,
approval, or implementation of any timber harvest or similar
plan with respect to any portion of the lands; or
(3) construed to grant a cause of action against the owner
of the lands or their designees.
(b) Voluntary Deferment of Use.--The owners of lands described in
section 3 or their designees may agree of their own accord to defer
some or all lawful enjoyment and use of the land for a certain period
of time.
SEC. 9. SEARCH AND RESCUE OPERATIONS IN SIX RIVERS NATIONAL FOREST.
As provided in section 4(c) of the Wilderness Act (16 U.S.C.
1133(c)), mechanical transport (including motor vehicles, motorized
equipment, and the landing of fixed-wing and rotary aircraft) shall be
permitted anywhere within the boundaries of the Six Rivers National
Forest with respect to any emergency involving the health or safety of
an individual within the national forests.
SEC. 10. PURCHASE OF AMERICAN-MADE EQUIPMENT AND PRODUCTS.
(a) Sense of Congress.--It is the sense of the Congress that, to
the greatest extent practicable, all equipment and products purchased
with funds made available under this Act should be American-made.
(b) Notice Requirement.--In providing payments under section 6 or
other financial assistance to, or entering into any contract with, any
entity using funds made available under this Act, the Secretary, to the
greatest extent practicable, shall provide to such entity a notice
describing the statement made in subsection (a) by the Congress.
Passed the House of Representatives September 21, 1994.
Attest:
DONNALD K. ANDERSON,
Clerk.
HR. 2866 RFS----2 | Headwaters Forest Act - Requires the Secretary of Agriculture to modify the boundaries of the Six Rivers National Forest, California, to include certain lands acquired under this Act and referred to as the Six Rivers National Forest Addition. Authorizes the Secretary to acquire land, with the owner's consent, within the boundaries of the Addition by donation, by purchase, or by exchange for other excess or surplus lands under the jurisdiction of any other department, agency, or instrumentality of the United States (subject to the advance approval of the transfer of such lands by law to the administrative jurisdiction of the Secretary if the Secretary identifies the lands as suitable for use in making an exchange). Prohibits the Secretary from acquiring such lands by condemnation. Directs the Secretary to develop and implement a land acquisition plan giving priority to the acquisition of lands within the boundaries of the Addition. Authorizes appropriations. Terminates the Secretary's authority to acquire lands under this Act after the end of the ten-year period beginning on the enactment of this Act. Designates acquired lands in California which are within the Headwaters Forest Wilderness as a component of the National Wilderness Preservation System. Requires the Secretary to develop a comprehensive management plan for the acquired lands detailing measures for the preservation of the existing old growth redwood ecosystems, including: (1) a prohibition on timber sales from lands within the old growth redwood groves in the Addition; and (2) measures to restore lands affected by previous timber harvests to mitigate watershed degradation and impairment of habitat for the marbled murrelet, northern spotted owl, native salmon stocks, and other old-growth forest dependent species. Sets forth provisions regarding payments to local governments in lieu of taxes for lands acquired under this Act. Directs the Secretary to analyze an area's potential to be added to the Addition, to identify the area's natural resources, to study the watershed management of the area and the cost of acquiring the land, and to report the results to specified congressional committees. Provides that until the lands in the Addition are acquired under this Act, the owners of the lands shall be entitled to full and lawful use and enjoyment of the lands. Declares that nothing in this Act shall be construed: (1) to impose any limitations upon any otherwise lawful use of the lands by the owners; (2) as authority to defer the submission, review, approval, or implementation of any timber harvest or similar plan with respect to any portion of the lands; or (3) to grant a cause of action against the owner of the lands. Allows the owners of such lands to agree of their own accord to defer some or all lawful enjoyment and use of the land for a certain period of time. Permits mechanical transport anywhere within the boundaries of the Forest with respect to any health or safety emergency. Expresses the sense of the Congress that only American-made equipment and products should be purchased with funds made available under this Act. Requires the Secretary to notify entities of this congressional statement when providing payments under this Act. | longest | 1,386 | 2,750 |
8 | SECTION 1. SHORT TITLE.
This Act may be cited as the ``Veterans' Health Care Eligibility
Reform Act of 1994''.
SEC. 2. VETERANS HEALTH CARE ELIGIBILITY REFORM.
Chapter 17 of title 38, United States Code, is amended as follows:
(1) Section 1701 is amended by adding at the end the
following new paragraphs:
``(10) The term `continuum of health care' includes
specialized treatment and rehabilitative services of the
Department, including comprehensive prevention and health
screening programs and services to treat needs of disabled
veterans with spinal cord dysfunction, blindness, prosthetics,
and mental illness.
``(11) The term `noninstitutional long-term care' includes
the following services:
``(A) Hospital-based home care.
``(B) Adult day health care.
``(C) Fee basis care.
``(D) Hospice care.
``(E) Homemaker services.
``(F) Home health aid.
``(G) Case management services.
``(H) Congregate meals.
``(I) Home delivered meals.
``(J) Senior center services.
``(K) Shopping and transportation services.
``(L) Phone check services.''.
(2) Section 1710(a)(1) is amended by striking out ``shall
furnish'' and all that follows through ``which the'' and
inserting in lieu thereof ``shall furnish a continuum of health
care (including hospital care, outpatient medical services
provided on an outpatient or ambulatory basis, and
noninstitutional long-term care) which the''.
(3) Subchapter II is amended by inserting after section
1710 the following new section:
``Sec. 1710A. Institutional long-term care for certain veterans
``(a) The Secretary shall provide institutional nursing home care
to any veteran who is described in subparagraph (A) or (D) of section
1710(a)(1), or in subparagraph (C) of section 1712(a)(1), of this title
or who is in receipt of pension from the Secretary.
``(b) If a veteran who is provided nursing home care by reason of
subsection (a) is also eligible for payment for the costs of nursing
home care under a State plan title XIX of the Social Security Act, the
Secretary shall be entitled to recover from that State plan the amount
that the State plan would pay for that care if provided by an
authorized provider. For purposes of this subsection, the veteran shall
be deemed to have paid any deductible or copayment otherwise required
as a condition of payment by the State plan.''.
(4) Section 1710(d) is amended by inserting ``1710A or''
after ``section''.
(5) Subchapter III is amended by inserting after section
1729 the following new section:
``Sec. 1729A. Medicare coverage and reimbursement
``(a) For purposes of any program administered by the Secretary of
Health and Human Services under title XVIII of the Social Security Act,
a Department facility shall be deemed to be a Medicare provider.
``(b)(1) A VA medical center (or group of medical centers) shall be
considered to be a Medicare HMO.
``(2) For purposes of this section, the term `Medicare HMO' means
an eligible organization under section 1876 of the Social Security Act.
``(c) In the case of care for a non-service-connected disability
that is provided to a veteran who is eligible for benefits under the
Medicare program under title XVIII of the Social Security Act, the
Secretary of Health and Human Services shall reimburse a Department
health-care facility providing services as a Medicare provider or
Medicare HMO in the same amounts and under the same terms and
conditions as that Secretary reimburses other Medicare providers or
Medicare HMOs, respectively. The Secretary of Health and Human Services
shall include with each such reimbursement a Medicare explanation of
benefits.
``(d) In the case of a veteran whose eligibility for hospital care
from the Department is by reason of section 1710(a)(2) of this title,
the Secretary shall, when providing care to the veteran for which the
Secretary receives reimbursement under this section, require the
veteran to pay to the Department any applicable deductible or copayment
that is not covered by Medicare.''.
SEC. 3. PLAN FOR ENTITLEMENT TO INSTITUTIONAL NURSING HOME CARE FOR
OTHER VETERANS.
(a) Establishment of Plan.--The Secretary of Veterans Affairs shall
develop a plan to implement (over a specified period of years) the
provision of institutional long-term care for any veteran described in
subsection (b). The plan may provide for the provision of institutional
long-term care through facilities of the Department of Veterans Affairs
or through a long-term care insurance contract, or a combination
thereof. In specifying benefits, or a proposed range of benefits, under
the plan, the Secretary shall consider a representative range of the
different types of health benefits provisions (which include cost-
sharing) typically offered as long-term institutional care coverage in
the small employer health coverage market.
(b) Covered Veterans.--The plan shall propose to cover any veteran
not covered by section 1710A of title 38, United States Code, as added
by section 2, who--
(1) has a service-connected disability rated at less than
50 percent;
(2) has an annual income (as determined under section 1503
of such title) that does not exceed three times the maximum
annual rate of pension that would be applicable to the veteran
if the veteran were eligible for pension under section 1521(d)
of such title;
(3) has a catastrophic nonservice-connected disability (as
defined by the Secretary); or
(4) requires institutional long-term care as a follow up to
inpatient care, as authorized under section 1720 of this title.
(c) Premiums and Copayments.--The plan shall include the
establishment of a schedule of premiums and copayments for care
provided through Department of Veterans Affairs institutional care
programs in effect on the day before the date of the enactment of this
Act. The plan shall specify a range of premiums and copayments that
would apply based upon different combinations of levels of payments by
the Government, copayments, and premiums, as specified in the plan.
(d) Long-Term Care Insurance Contract.--For purposes of this
section, the term `long-term care insurance contract' means any
insurance contract issued if--
(1) the only insurance protection provided under the
contract is coverage of institutional long-term care services
(as specified in the contract) and benefits incidental to such
coverage,
(2) the maximum benefit under the policy for expenses
incurred for any day does not exceed $200,
(3) the contract does not cover expenses incurred for
services or items to the extent that such expenses are
reimbursable under title XVIII of the Social Security Act or
would be so reimbursable but for the application of a
deductible or coinsurance amount,
(4) the contract is guaranteed renewable,
(5) the contract does not have any cash surrender value,
and
(6) all refunds of premiums, and all policyholder dividends
or similar amounts, under the contract are to be applied as a
reduction in future premiums or to increase future benefits.
(e) Report to Congress.--Not later than September 30, 1996, the
Secretary shall submit to Congress a report on the plan. The report
shall include--
(1) a cost analysis, including a range of premiums and
copayments and Government cost-sharing;
(2) a discussion of the cost of establishing a long-term
care insurance program for veterans described in subsection (b)
using contract authority (if such contract authority is
provided by law); and
(3) a draft of legislation to make any necessary changes in
law to enable the Department to implement the plan.
SEC. 4. ENROLLMENT SYSTEM FOR OTHER PERSONS.
(a) In General.--(1) Title 38, United States Code, is amended by
inserting after chapter 17 the following new chapter:
``CHAPTER 18--VA GROUP HEALTH PLAN
``Sec.
``1801. Definitions.
``1802. VA Group Health Plan.
``1803. Enrollment.
``1804. Limitation on preexisting conditions.
``1805. Plan to be self supporting.
``1806. Annual report.
``Sec. 1801. Definitions
``For purposes of this chapter:
``(1) The term `eligible veteran' means any veteran other
than a veteran eligible for health care under section
1710(a)(1) of this title.
``(2) The term `VA enrollee' means an individual enrolled
in the VA Group Health Plan.
``Sec. 1802. VA Group Health Plan
``(a) The Secretary shall administer a program of health insurance
under this chapter to be known as the VA Group Health Plan. The
Secretary may provide such insurance directly or may contract with an
insurance provider in the private sector for the provision of such
insurance. The plan may be established as a single, nation-wide plan or
as a composite of regional health insurance plans.
``(b) The Secretary shall establish and carry out the VA Group
Health Plan as a managed-care plan and so that it meets the following
requirements:
``(1) The plan shall be designed to be self-sustaining
through required premiums, copayments, deductibles, and other
charges, and without appropriated funds.
``(2) The plan shall provide such benefits as the Secretary
determines.
``(c) The Secretary may award contracts under this section for the
operation of the VA Group plan.
``(d) The Secretary may provide treatment in Department facilities
for any enrollee, if cost effective.
``Sec. 1803. Enrollment
``(a) The following individuals are eligible to enroll in the VA
Group Health Plan:
``(1) Any eligible veteran.
``(2) The spouse or child of any veteran.
``(b)(1) The Secretary of Veterans Affairs shall establish an
enrollment (and disenrollment) process for the VA Group Health Plan in
accordance with this subsection. Such process shall be established in
consultation with veterans and other individuals to be served by the
plan.
``(2) For each eligible veteran, when the veteran first becomes
eligible to enroll in the VA Group Health Plan, there shall be an
initial enrollment period (of not less than 30 days) during which the
veteran may enroll in the plan.
``(3) The Secretary shall establish an annual period, of not less
than 30 days, during which eligible veterans may enroll in the VA Group
Health Plan.
``(4) If a veteran enrolls in the VA Group Health Plan, the veteran
may at the same time enroll, as a family enrollment, the veteran's
spouse and children in the plan.
``(5) In the case of individuals who through marriage, divorce,
birth or adoption of a child, or similar circumstances, experience a
change in family composition, the Secretary shall provide for a special
enrollment period in which the individual is permitted to change the
individual or family basis of coverage. The circumstances under which
such special enrollment periods are required and the duration of such
periods shall be specified by the Secretary.
``(6) The Secretary shall provide for a special transitional
enrollment period during which eligible individuals may first enroll.
``(c) Enrollment of the spouse (including a child of the spouse)
and any dependent child of an eligible veteran shall be considered to
be timely if a request for enrollment is made either--
``(1) within 30 days of the date of the marriage or of the
date of the birth or adoption of a child, if family coverage is
available as of such date, or
``(2) within 30 days of the date family coverage is first
made available.
``(d) Family coverage shall become effective not later than the
first day of the first month beginning after the date of the marriage
or the date of birth or adoption of the child (as the case may be).
``(e) The Secretary may terminate coverage for nonpayment of
premiums.
``(f) Coverage of a spouse under a policy under this chapter may
not be canceled by reason of the death of the veteran unless the
surviving spouse remarries.
``Sec. 1804. Limitation on preexisting conditions
``(a) The VA Group Health Plan may not impose (and an insurer under
that plan may not require the Secretary impose through a waiting period
for coverage under the plan or similar requirement) a limitation or
exclusion of benefits relating to treatment of a condition based on the
fact that the condition preexisted the effective date of the plan with
respect to an individual 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;
``(2) the limitation or exclusion extends over more than
six months after the date of coverage under the plan;
``(3) the limitation or exclusion applies to an individual
who, as of the date of birth, was covered under the plan; or
``(4) the limitation or exclusion relates to pregnancy.
In the case of an individual who is eligible for coverage under a plan
but for a waiting period imposed by the employer, in applying
paragraphs (1) and (2), the individual shall be treated as having been
covered under the plan as of the earliest date of the beginning of the
waiting period.
``(b)(1) The Secretary, for purposes of the VA Group Health Plan,
shall waive any period applicable to a preexisting condition for
similar benefits with respect to an individual to the extent that the
individual, before the date of such individual's enrollment in such
plan, was covered for the condition under any other health plan that
was in effect before such date.
``(2) Paragraph (1) shall no longer apply if there is a continuous
period of more than 60 days (or, in the case of an individual who loses
coverage under a group health plan due to termination of employment,
six months) on which the individual was not covered under a group
health plan.
``(3) In applying paragraph (2), any waiting period imposed by an
employer before an employee is eligible to be covered under a plan
shall be treated as a period in which the employee was covered under a
group health plan.
``Sec. 1805. Plan to be self supporting
``The Secretary shall administer the VA Group Health Plan so as to
ensure that no appropriated funds are required for the operation of the
plan (other than as necessary for startup and transition costs). The
Secretary shall establish such premiums, copayments, and other charges
for the plan as necessary.
``Sec. 1806. Annual report
``(a) The Secretary shall submit to Congress an annual report on
the VA Group Health Plan. The report shall provide information on
prices, health outcomes, and enrollee satisfaction under the plan and
any other information the Secretary considers appropriate concerning
the quality of the plan, including a breakdown of the portion of
premiums under the plan that are attributable to the overhead
operations of the plan.
``(b) The report shall be submitted each year before the annual
general enrollment period. The Secretary shall make such report
available to other interested persons.''.
(2) The table of chapters at the beginning of part II of title 38,
United States Code, is amended by inserting after the item relating to
chapter 17 the following new item:
``18. VA Group Health Plan.................................. 1801.''.
(b) Initial Report.--The initial report of the Secretary of
Veterans Affairs under section 1806 of title 38, United States Code, as
added by subsection (a), shall be submitted no later than September 30,
1995. The report shall include a cost analysis for the plan and a range
of premiums and copayments that may be implemented under the plan.
SEC. 5. MANAGED CARE SYSTEM OF HEALTH DELIVERY.
(a) Chapter 73 of title 38, United States Code, is amended by
inserting after section 7306 the following new sections:
``Sec. 7307. Managed care
``(a) The Secretary shall administer the health programs of the
Veterans Health Administration through use of the model of medical
practice known as `managed care'.
``(b) In implementing a managed care system, the Under Secretary
shall, to the extent possible--
``(1) shift the focus of care provided by the Veterans
Health Administration to primary care;
``(2) establish enhanced quality assurance mechanisms; and
``(3) establish utilization review procedures to prevent
inefficient practices.
``Sec. 7308. Veterans Service Areas
``The Secretary shall organize the health care delivery services
and resources of the Veterans Health Administration into geographic
regions to be known as Veterans Service Areas.''.
(b) The table of sections at the beginning of such chapter is
amended by inserting after the item relating to section 7306 the
following new items:
``7307. Managed care.
``7308. Veterans Service Areas.''.
(c) If, as of the date of the enactment of this Act, the position
of Under Secretary for Health of the Department of Veterans Affairs is
vacant, the provisions of section 7308 of title 38, United States Code,
as added by subsection (a), shall not take effect until an individual
is appointed to that position.
SEC. 6. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the Secretary of
Veterans Affairs for each of fiscal years 1995 through 1999 (in
constant fiscal year 1995 dollars)--
(1) $200,000,000 to acquire medical equipment to relieve
the existing medical equipment backlog in Department of
Veterans Affairs medical facilities; and
(2) $500,000,000 for improvements of infrastructure,
patient care amenities, primary care services, and personnel
and for medical facility construction projects (subject to
section 8104 of title 38, United States Code). | Veterans' Health Care Eligibility Reform Act of 1994 - Defines "continuum of health care" and "noninstitutional long-term care" under veterans' health care provisions. Directs the Secretary of Veterans Affairs to provide a continuum of health care to veterans eligible for veterans' benefits.
(Sec. 2) Directs the Secretary to provide institutional nursing home care to certain disabled veterans or those in receipt of a veterans' pension. Allows for recovery of nursing home care costs by the Secretary if the veteran is also eligible for such care through a State plan under title XIX (Medicaid) of the Social Security Act.
Designates a Department of Veterans Affairs facility as a Medicare provider for purposes of any program administered by the Secretary of Health and Human Services (HHS) under title XVIII (Medicare) of the Social Security Act. Declares a Department medical center as a Medicare HMO. Directs the HHS Secretary to reimburse a Department facility or medical center for providing services as a Medicare provider in the case of care for a non-service-connected disability of a veteran eligible for Medicare benefits.
(Sec. 3) Directs the Secretary to develop a plan to implement the provision of institutional long-term care for veterans who: (1) have a service-connected disability of less than 50 percent; (2) have an annual income below a formulated amount; (3) have a catastrophic nonservice-connected disability; or (4) require such care as a follow-up to inpatient care. Outlines, with respect to such care, provisions concerning: (1) premiums and copayments for covered veterans; (2) the issuance of a long-term care insurance contract; and (3) a report from the Secretary to the Congress on the costs of the plan and the insurance contract and legislation required for plan implementation.
(Sec. 4) Directs the Secretary to administer a program of health insurance known as the VA Group Health Plan as a managed-care plan meeting specified requirements. Allows any eligible veteran and his or her spouse or child to be enrolled in the Plan. Provides Plan enrollment requirements. Prohibits the Plan from imposing a limitation or exclusion of benefits relating to treatment for certain preexisting conditions. Directs the Secretary to administer the Plan so that no appropriated funds are required for Plan operation. Requires an annual report to the Congress by the Secretary on Plan operation, as well as an initial report.
(Sec. 5) Directs the Secretary to administer the health programs of the Veterans Health Administration (VHA) through use of a managed care medical practice model, with limitations. Directs the Secretary to organize the VHA health care delivery and resources into geographic regions known as veterans service areas.
(Sec. 6) Authorizes appropriations to the Secretary for FY 1995 through 1999 for: (1) acquiring medical equipment to relieve existing medical equipment backlogs in Department facilities; and (2) infrastructure improvement, patient care amenities, primary care services and personnel, and medical facility construction projects. | longest | 2,208 | 2,743 |
9 | SECTION 1. SHORT TITLE.
This title may be cited as the ``Habeas Corpus Revision Act of
1994''.
SEC. 2. STATUTE OF LIMITATIONS.
Section 2254 of title 28, United States Code, is amended by adding
at the end the following:
``(g)(1) In the case of an applicant under sentence of death, any
application for habeas corpus relief under this section must be filed
in the appropriate district court not later than 1 year after--
``(A) the date of denial of a writ of certiorari, if a
petition for a writ of certiorari to the highest court of the
State on direct appeal or unitary review of the conviction and
sentence is filed, within the time limits established by law,
in the Supreme Court;
``(B) the date of issuance of the mandate of the highest
court of the State on direct appeal or unitary review of the
conviction and sentence, if a petition for a writ of certiorari
is not filed, within the time limits established by law, in the
Supreme Court; or
``(C) the date of issuance of the mandate of the Supreme
Court, if on a petition for a writ of certiorari the Supreme
Court grants the writ and disposes of the case in a manner that
leaves the capital sentence undisturbed.
``(2) The time requirements established by this section shall be
tolled--
``(A) during any period in which the State has failed to
provide counsel as required in section 2257 of this chapter;
``(B) during the period from the date the applicant files
an application for State postconviction relief until final
disposition of the application by the State appellate courts,
if all filing deadlines are met; and
``(C) during an additional period not to exceed 90 days, if
counsel moves for an extension in the district court that would
have jurisdiction of a habeas corpus application and makes a
showing of good cause.''.
SEC. 3. STAYS OF EXECUTION IN CAPITAL CASES.
Section 2251 of title 28, United States Code, is amended--
(1) by inserting ``(a)(1)'' before the first paragraph;
(2) by inserting ``(2)'' before the second paragraph; and
(3) by adding at the end the following:
``(b) In the case of an individual under sentence of death, a
warrant or order setting an execution shall be stayed upon application
to any court that would have jurisdiction over an application for
habeas corpus under this chapter. The stay shall be contingent upon
reasonable diligence by the individual in pursuing relief with respect
to such sentence and shall expire if--
``(1) the individual fails to apply for relief under this
chapter within the time requirements established by section
2254(g) of this chapter;
``(2) upon completion of district court and court of
appeals review under section 2254 of this chapter, the
application is denied and--
``(A) the time for filing a petition for a writ of
certiorari expires before a petition is filed;
``(B) a timely petition for a writ of certiorari is
filed and the Supreme Court denies the petition; or
``(C) a timely petition for certiorari is filed
and, upon consideration of the case, the Supreme Court
disposes of it in a manner that leaves the capital
sentence undisturbed; or
``(3) before a court of competent jurisdiction, in the
presence of counsel qualified under section 2257 of this
chapter and after being advised of the consequences of the
decision, an individual waives the right to pursue relief under
this chapter.''.
SEC. 4. LAW APPLICABLE.
(a) In General.--Chapter 153 of title 28, United States Code, is
amended by adding at the end the following:
``Sec. 2256. Law applicable
``(a) Except as provided in subsection (b), in an action under this
chapter, the court shall not apply a new rule.
``(b) A court shall apply a new rule, if the new rule--
``(1) places the claimant's conduct beyond the power of the
criminal law-making authority to proscribe or punish with the
sanction imposed; or
``(2) requires the observance of procedures without which
the likelihood of an accurate conviction or valid capital
sentence is seriously diminished.
``(c) As used in this section, the term `new rule' means a clear
break from precedent, announced by the Supreme Court of the United
States, that could not reasonably have been anticipated at the time the
claimant's sentence became final in State court. A rule is not `new'
merely because it was not dictated or compelled by the precedents
existing at that time or because, at that time, it was susceptible to
debate among reasonable minds.''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 153 of title 28, United States Code, is amended by adding at
the end the following:
``2256. Law applicable.''.
SEC. 5. COUNSEL IN CAPITAL CASES; STATE COURT.
(a) In General.--Chapter 153 of title 28, United States Code, is
amended by adding after the provision added by section 804 of this
subtitle the following:
``Sec. 2257. Counsel in capital cases; State court
``(a) Notwithstanding section 2254(d) of this chapter, the court in
an action under this chapter shall neither presume a finding of fact
made in a State court proceeding specified in subsection (b)(1) of this
section to be correct nor decline to consider a claim on the ground
that it was not raised in such a proceeding at the time or in the
manner prescribed by State law, unless--
``(1) the relevant State maintains a mechanism for
providing legal services to indigents in capital cases that
meets the specifications in subsection (b) of this section;
``(2) if the applicant in the instant case was eligible for
the appointment of counsel and did not waive such an
appointment, the State actually appointed an attorney or
attorneys to represent the applicant in the State proceeding in
which the finding of fact was made or the default occurred; and
``(3) the attorney or attorneys so appointed substantially
met both the qualification standards specified in subsection
(b)(3)(A) or (b)(4) of this section and the performance
standards established by the appointing authority.
``(b) A mechanism for providing legal services to indigents within
the meaning of subsection (a)(1) of this section shall include the
following elements:
``(1) The State shall provide legal services to--
``(A) indigents charged with offenses for which
capital punishment is sought;
``(B) indigents who have been sentenced to death
and who seek appellate, collateral, or unitary review
in State court; and
``(C) indigents who have been sentenced to death
and who seek certiorari review of State court judgments
in the United States Supreme Court.
``(2) The State shall establish a counsel authority, which
shall be--
``(A) a statewide defender organization;
``(B) a resource center; or
``(C) a counsel authority appointed by the highest
State court having jurisdiction over criminal matters,
consisting of members of the bar with substantial
experience in, or commitment to, the representation of
criminal defendants in capital cases, and comprised of
a balanced representation from each segment of the
State's criminal defense bar.
``(3) The counsel authority shall--
``(A) publish a roster of attorneys qualified to be
appointed in capital cases, procedures by which
attorneys are appointed, and standards governing
qualifications and performance of counsel, which shall
include--
``(i) knowledge and understanding of
pertinent legal authorities regarding issues in
capital cases; and
``(ii) skills in the conduct of
negotiations and litigation in capital cases,
the investigation of capital cases and the
psychiatric history and current condition of
capital clients, and the preparation and
writing of legal papers in capital cases;
``(B) monitor the performance of attorneys
appointed and delete from the roster any attorney who
fails to meet qualification and performance standards;
and
``(C) appoint a defense team, which shall include
at least 2 attorneys, to represent a client at the
relevant stage of proceedings, within 30 days after
receiving notice of the need for the appointment from
the relevant State court.
``(4) An attorney who is not listed on the roster shall be
appointed only on the request of the client concerned and in
circumstances in which the attorney requested is able to
provide the client with quality legal representation.
``(5) No counsel appointed pursuant to this section to
represent a prisoner in State postconviction proceedings shall
have previously represented the prisoner at trial or on direct
appeal in the case for which the appointment is made, unless
the prisoner and counsel expressly request continued
representation.
``(6) The ineffectiveness or incompetence of counsel
appointed pursuant to this section during State or Federal
postconviction proceedings shall not be a ground for relief in
a proceeding arising under section 2254 of this title. This
limitation shall not preclude the appointment of different
counsel at any phase of State or Federal postconviction
proceedings.
``(7) Upon receipt of notice from the counsel authority
that an individual entitled to the appointment of counsel under
this section has declined to accept such an appointment, the
court requesting the appointment shall conduct, or cause to be
conducted, a hearing, at which the individual and counsel
proposed to be appointed under this section shall be present,
to determine the individual's competency to decline the
appointment, and whether the individual has knowingly and
intelligently declined it.
``(8) Attorneys appointed pursuant to this section shall be
compensated on an hourly basis pursuant to a schedule of hourly
rates as periodically established by the counsel authority
after consultation with the highest State court with
jurisdiction over criminal matters. Appointed counsel shall be
reimbursed for expenses reasonably incurred in representing the
client, including the costs of law clerks, paralegals,
investigators, experts, or other support services.
``(9) Support services for staff attorneys of a defender
organization or resource center shall be equal to the services
listed in paragraph (8).''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 153 of title 28, United States Code, is amended by adding after
the provision added by section 804 the following:
``2257. Counsel in capital cases; State court.''.
SEC. 6. SUCCESSIVE FEDERAL PETITIONS.
Section 2244(b) of title 28, United States Code, is amended--
(1) by inserting ``(1)'' after ``(b)'';
(2) by inserting ``, in the case of an applicant not under
sentence of death,'' after ``When''; and
(3) by adding at the end the following:
``(2) In the case of an applicant under sentence of death,
a claim presented in a second or successive application, that
was not presented in a prior application under this chapter,
shall be dismissed unless--
``(A) the applicant shows that--
``(i) the basis of the claim could not have
been discovered by the exercise of reasonable
diligence before the applicant filed the prior
application; or
``(ii) the failure to raise the claim in
the prior application was due to action by
State officials in violation of the
Constitution of the United States; and
``(B) the facts underlying the claim would be
sufficient, if proven, to undermine the court's
confidence in the applicant's guilt of the offense or
offenses for which the capital sentence was imposed, or
in the validity of that sentence under Federal law.''.
SEC. 7. CERTIFICATES OF PROBABLE CAUSE.
The third paragraph of section 2253, of title 28, United States
Code, is amended to read as follows:
``An appeal may not be taken to the court of appeals from
the final order in a habeas corpus proceeding where the
detention complained of arises out of process issued by a State
court, unless the justice or judge who rendered the order or a
circuit justice or judge issues a certificate of probable
cause. However, an applicant under sentence of death shall have
a right of appeal without a certification of probable cause,
except after denial of a second or successive application.''.
SEC. 8. DUTIES OF THE DISTRICT COURT.
Section 2254(a) of title 28, United States Code, is amended by
adding at the end the following:
``In adjudicating the merits of any such ground, the court
shall exercise independent judgment in ascertaining the
pertinent Federal legal standards and in applying those
standards to the facts and shall not defer to a previous State
court judgment regarding a Federal legal standard or its
application. Upon request, the court shall permit the parties
to present evidence regarding material facts that were not
adequately developed in State court. The court shall award
relief with respect to any meritorious constitutional ground,
unless, in the case of a violation that can be harmless, the
respondent shows that the error was harmless beyond a
reasonable doubt.''.
SEC. 9. CLAIMS OF INNOCENCE.
(a) In General.--Chapter 153 of title 28, United States Code, is
amended by adding after the provision added by section 805 of this
subtitle the following:
``Sec. 2258. Claims of innocence
``(a) At any time, and notwithstanding any other provision of law,
a district court shall issue habeas corpus relief on behalf of an
applicant under sentence of death, imposed either in Federal or in
State court, who offers credible newly discovered evidence which, had
it been presented to the trier of fact or sentencing authority at
trial, would probably have resulted in--
``(1) an acquittal of the offense for which the death
sentence was imposed; or
``(2) a sentence other than death.
``(b) An application filed pursuant to subsection (a) shall offer
substantial evidence which, if credible, would establish one of the
standards in subsection (a)(1) or (2). An application that fails to do
so may be dismissed.
``(c) If the court concludes that an application meets the
requirements in subsection (b), the court shall--
``(1) order the respondent to file an answer;
``(2) permit the parties to conduct reasonable discovery;
``(3) conduct a hearing to resolve disputed issues of fact;
and
``(4) upon request, issue a stay of execution pending
further proceedings in the district court and on direct review
of the district court's judgment.
``(d) If the court concludes that the applicant meets the standards
established by subsection (a)(1) or (2), the court shall order his or
her release, unless a new trial or, in an appropriate case, a new
sentencing proceeding, is conducted within a reasonable time.
``(e) If the court determines that the applicant is currently
entitled to pursue other available and effective remedies in either
State or Federal court, the court may, at the request of either party,
suspend its consideration of the application under this section until
the applicant has exhausted those remedies. A stay issued pursuant to
subsection (c) shall remain in effect during such a suspension.
``(f) An application under this section may be consolidated with
any other pending application under this chapter, filed by the same
applicant.''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 153 of title 28, United States Code, is amended by adding after
the provision added by section 805 of this subtitle the following:
``2258. Claims of innocence.''.
SEC. 10. PROCEDURAL DEFAULT IN STATE COURT.
Section 2254 of title 28, United States Code, is amended by adding
the following:
``(h)(1) A district court shall decline to consider a claim under
this section if--
``(A) the applicant previously failed to raise the claim in
State court at the time and in the manner prescribed by State
law; the State courts, for that reason, refused or would refuse
to entertain the claim; such refusal would constitute an
adequate and independent State law ground that would foreclose
direct review of the State court judgment in the Supreme Court
of the United States; and
``(B) the applicant fails to show cause for the failure to
raise the claim in State court and prejudice to the applicant's
right to fair proceedings or to an accurate outcome resulting
from the alleged violation of the Federal right asserted, or
that failure to consider the claim would result in a
miscarriage of justice.
``(2) The court shall not find cause in any case in which it
appears that the applicant or counsel deliberately withheld a claim
from the State courts for strategic purposes. An applicant may
establish cause by showing that--
``(A) the factual basis of the claim could not have been
discovered by the exercise of reasonable diligence before the
applicant could have raised the claim in State court;
``(B) the claim relies on a decision of the Supreme Court
of the United States, announced after the applicant might have
raised the claim in State court; or
``(C) the failure to raise the claim in State court was due
to interference by State officials, counsel's ignorance or
neglect, or counsel's ineffective assistance in violation of
the Constitution.''.
HR 4018 RH----2 | Habeas Corpus Revision Act of 1994 - Amends the Federal judicial code to revise provisions governing habeas corpus procedures, particularly in capital cases.
Establishes a statute of limitations of one year for the filing of an application for habeas corpus relief from a sentence of death. Prescribes periods during which such time requirement shall be tolled, including any period during which the applicant is not represented by counsel. Provides for dismissal of an application for failure to comply with such time requirement, except where the waiver of such requirement is warranted by exceptional circumstances.
(Sec. 3) Specifies requirements for stays of execution in capital cases.
(Sec. 4) Prohibits the court from applying a new rule representing a clear break from precedent announced by the U.S. Supreme Court that could not have reasonably been anticipated at the time the claimant's sentence became final in State court, unless such rule: (1) places the claimant's conduct beyond the power of the criminal law-making authority to proscribe or punish with the sanction imposed; or (2) requires the observance of procedures without which the likelihood of an accurate conviction or valid capital sentence is seriously diminished.
(Sec. 5) Bars the court from presuming a finding of fact made in certain State court proceedings to be correct or from declining to consider a claim on the ground that it was not raised in such a proceeding at the time or in the manner prescribed by State law, unless: (1) the relevant State maintains a mechanism for providing legal services to indigents in capital cases which meets specified requirements; (2) the State actually appointed an attorney to represent an applicant who was eligible for and did not waive such appointment in the State proceeding in which the finding of fact was made or the default occurred; and (3) any attorney so appointed substantially met specified qualification standards and the performance standards established by the appointing authority.
(Sec. 6) Requires that, in the case of an applicant for Federal habeas corpus relief under sentence of death, a claim presented in a second or successive application be dismissed unless the applicant shows that: (1) the basis of the claim could not have been discovered by the exercise of reasonable diligence before the applicant filed the prior application, or the failure to raise the claim in the prior application was due to action by State officials in violation of the U.S. Constitution; and (2) the facts underlying the claim would be sufficient, if proven, to undermine the court's confidence in the applicant's guilt of the offense for which the capital sentence was imposed, or in the validity of that sentence under Federal law.
(Sec. 7) Grants an applicant under sentence of death the right to appeal without a certification of probable cause, except after denial of a second or successive application.
(Sec. 8) Requires the district court, in adjudicating habeas corpus cases, to: (1) exercise independent judgment in ascertaining the pertinent Federal legal standards and in applying those standards to the facts when adjudicating the merits of a particular ground (rather than deferring to a previous State court judgment regarding a Federal legal standard or its application); (2) issue habeas corpus relief at any time on behalf of an applicant under sentence of death imposed either in Federal or State court who offers newly discovered evidence which, had it been presented to the trier of fact or sentencing authority at trial, would probably have resulted in an acquittal of the offense for which the death sentence was imposed or a sentence other than death; and (3) decline to consider a habeas corpus claim under specified circumstances. | longest | 2,050 | 2,738 |
10 | "entitled ``Joint Resolution to approve the \n`Covenant To Establish a Commonwealth of the Northern (...TRUNCATED) | "United States-Commonwealth of the Northern Marianas Human Dignity Act - Amends Federal law to prohi(...TRUNCATED) | longest | 11 | 2,736 |
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