United States · United States Congress · 2 May 1995
Repeals rule XLIX of the Rules of the House of Representatives relating to concurrent and joint resolutions that increase or decrease the statutory limit on the public debt.
United States · United States Congress · 7 April 1995
Propane Education and Research Act of 1995 - Authorizes the qualified industry organizations (the National Propane Gas Association, the Gas Processors Association, or successor organizations, or a group of retail marketers or producers who collectively represent at least 25 percent of the volume of propane sold or produced in the United States) to conduct, at their own expense, a referendum among producers and retail marketers for the creation of a Propane Education and Research Council. Directs the Council, if established, to develop programs (including programs to enhance consumer and employee safety and training) and enter into contracts for: (1) propane research and development; (2) consumer education; and (3) payment for program costs with funds collected under this Act. Requires the Council to reimburse the Secretary of Energy annually for any costs incurred by the United States, but not to exceed the average annual salary of Department of Energy employees. Prescribes guidelines under which the Council shall set annual assessments on odorized propane to cover program costs. Directs the Council to establish a program to coordinate its operations with any State propane education and research council. Prohibits Council funds from being used for lobbying activities. Directs the Secretary of Commerce to annually prepare and make available to the Council, the Secretary of Energy (Secretary), and the public, an analysis of changes in propane prices relative to other energy resources. Requires the Council to restrict its activities to research and development, training, and safety whenever in any year the five-year average rolling price index of consumer grade propane exceeds by more than 10.1 percent the five-year rolling average price composite index of residential electricity, residential natural gas, and refiner price to end users of Number 2 fuel oil. Requires the price of propane to be determined by market forces in all cases. Prohibits the Council from taking action to pass the cost of the annual assessments to consumers. Requires the Secretary of Commerce to report biennially to the Congress and the Secretary on: (1) whether operation of the Council, in conjunction with the cumulative effects of market changes and Federal programs, has had an effect on propane consumers, including residential, agriculture, process, and nonfuel users; and (2) whether there have been long-term and short-term effects on propane prices as a result of Council activities and Federal programs.
United States · United States Congress · 7 April 1995
TABLE OF CONTENTS: Title I: Reforms to Improve the Accuracy of the Federal Credit Reform Act with Respect to Budget Scoring the Cost of the Federal Direct Student Loan Program Title II: Phase-Out of the Federal Direct Student Loan Program Title III: Improvements to the Federal Family Education Loan Program Student Loan Privatization Act of 1995 - Title I: Reforms to Improve the Accuracy of the Federal Credit Reform Act with Respect to Budget Scoring the Cost of the Federal Direct Student Loan Program - Amends the Congressional Budget Act to revise its Federal Credit Reform Act provisions relating to budget accuracy of accounting for Federal costs associated with the Federal Direct Student Loan Program. Title II: Phase-Out of the Federal Direct Student Loan Program - Amends the Higher Education Act of 1965 (HEA) to direct the Secretary of Education to phase-out the Federal Direct Student Loan Program (FDSL) in a specified manner. Eliminates related requirements involving loan volume limits and administrative expenses for such program. Repeals HEA authority for such program as of the end of FY 1997. Title III: Improvements to the Federal Family Education Loan Program - Amends HEA to revise provisions under the Federal Family Education Loan Program (FFEL) relating to: (1) recovery of guaranty agency reserves; and (2) return to the Treasury of reserve funds returned or recovered by the Secretary. Terminates FDSL consolidation loan authority. Consolidates FDSL program loans under the FFEL program. Prohibits certain administrative funds from being expended to support public relations activities (by Department of Education employees or pursuant to contracts with the Department) or marketing of institutions to encourage participation in the FDSL program. Provides for sale of FDSL loan portfolios. Directs the Secretary to provide a copy of all reports and analyses prepared in connection with auctions, for purposes of such sales, to the Directors of the Congressional Budget Office and of the Office of Management and Budget. Requires all proceeds received as a result of such auctions to be returned to the Department of the Treasury after deduction of connected expenses incurred by the Department of Education.
United States · United States Congress · 7 April 1995
Citizens' Protection From Violent Crime Act of 1995 - Amends the Federal criminal code to set mandatory prison terms for possessing, brandishing, or discharging a firearm or destructive device during a Federal or State crime that is a serious violent felony or serious drug offense, with exceptions involving defense of person or property during the course of a crime committed by another person. Sets forth penalties for second or subsequent convictions. Bars the court from imposing probation or a concurrent term of imprisonment for offenses under this Act. Prohibits releasing any such individual for any reason during a term of imprisonment imposed under this Act. Requires the court to sentence a person convicted of transporting, receiving, or possessing a firearm or ammunition in interstate commerce to not less than five years in prison if the person has a prior conviction for a serious violent felony and not less than ten years in prison if the person has two such prior convictions. Makes certain serious juvenile drug offenses predicate offenses under the Armed Career Criminal Act. Includes within the definition of "crime of violence" specified offenses relating to the possession of explosives and firearms by convicted felons. Directs the Attorney General to establish an armed violent criminal apprehension program. Declares that a person not prohibited by Federal law from receiving a firearm shall have the right to use firearms within a home in defense of self or other persons against a reasonably perceived threat of imminent and unlawful infliction of serious bodily injury. Authorizes a person whose right is violated to bring an action in U.S. district court against a person or government. Sets forth provisions regarding attorney's fees and the statute of limitations. Repeals the ban on semiautomatic firearms and on large capacity ammunition feeding devices under the Violent Crime Control and Law Enforcement Act of 1994.
United States · United States Congress · 5 April 1995
George C. Marshall Commemorative Coin Act - Directs the Secretary of the Treasury to mint and issue one-dollar silver coins and half-dollar clad coins in commemoration of the 50th anniversary of the Marshall Plan and George C. Marshall, its author. Directs the Secretary to pay surcharges received from coin sales to: (1) the George C. Marshall Foundation to be used to support its educational and outreach programs; and (2) the Friends of George C. Marshall to be used solely for the construction of the George C. Marshall Memorial and Vistor Center in Uniontown, Pennsylvania.
United States · United States Congress · 30 March 1995
Citizenship Reform Act of 1995 - Amends the Immigration and Nationality Act do deny automatic U.S. citizenship at birth to children born in the United States to parents who are not U.S. citizens or permanent resident aliens.
United States · United States Congress · 30 March 1995
TABLE OF CONTENTS: Title I: Performance Based Acquisition Process Subtitle A: Performance Goals Subtitle B: Results-Oriented Acquisition Process Subtitle C: Rapid Contracting Subtitle D: Performance Based Contract Management Subtitle E: Financial Management Subtitle F: Defense Acquisition Workforce Subtitle G: Revision of Procurement Integrity Requirements Subtitle H: Clerical Amendments Title II: Reorganization and Reform of the Defense Acquisition System Subtitle A: Streamlining and Improvement of Acquisition Management Subtitle B: Transfer of Functions Subtitle C: Conforming Amendments Subtitle D: Effective Date Title III: Depot-Level Maintenance Department of Defense Acquisition Management Reform Act of 1995 - Title I: Performance Based Acquisition Process - Subtitle A: Performance Goals - Amends Federal defense procurement provisions to: (1) require acquisition programs of the Department of Defense (DOD) for each DOD appropriation account to be assessed for achieving on average 90 percent of their cost, performance, and scheduling goals; and (2) direct the Secretary of Defense to terminate any major defense acquisition program that fails to meet at least 50 percent of its cost, performance, and schedule goals. (Sec. 103) Amends the Federal Acquisition Streamlining Act of 1994 to direct the Secretary to include certain additional incentives such as pay and promotion incentives within a system which encourages excellence in the personnel management of defense acquisition programs (DAPs). Requires a review of such system to be completed by October 1, 1997, and requires a report from the Secretary to specified congressional committees. Subtitle B: Results-Oriented Acquisition Process - Directs the Secretary to revise DOD regulations relating to the acquisition of major systems and information technology systems. (Sec. 112) Directs the Secretary to define in appropriate regulations a simplified acquisition program cycle (cycle) that is results-oriented and consists of the following phases: (1) the integrated decision team meeting; (2) prototype development and testing; (3) product integration, development, and testing; and (4) production and integration into existing systems. Utilizes established maximum time limits for the completion of the cycle and each of its phases, with alternatives to such limits. Requires the acquisition program approval process to have one major decision point which shall occur before the program proceeds into product integration, development, and testing, directing the Under Secretary of Defense for Acquisition to review, and make certain determinations with respect to, such program. Requires any regulations adopted to ensure that potential users of an item being acquired under a cycle are afforded an opportunity to participate in the acquisition decisions during the appropriate phases. (Sec. 113) Prohibits the Secretary from issuing a notice to proceed with production of a major system until: (1) at least one phase of initial operational test and evaluation has been completed, during both the prototype development and testing phase and again during the product integration, development, and testing phase; and (2) the Director of Operational Test and Evaluation has made certain certifications to the Secretary concerning testing and evaluation procedures and conditions. Authorizes the waiver of such requirements under certain conditions, including for national security reasons. Prohibits operational testing of a new system other than a major system until the head of the operational test and evaluation agency of the military department concerned determines the quantity of articles of the system that are to be procured for operational testing. Repeals a Federal provision requiring any increase in the quantity of articles to be procured for low-rate initial production to be made only with the approval of the official making the original quantity determination. Prohibits such quantity from being increased by more than ten percent of the original quantity as of the date on which funds appropriated for procurement are first obligated for the program. Allows such original quantity to be exceeded in addition to the ten percent increase during periods of war or national emergency or when the Secretary makes certain certifications to specified congressional committees concerning the necessity of such action. Requires the Director of Operational Test and Evaluation to report directly to the Secretary (currently, the Secretary and the Deputy Secretary of Defense), without intervening review or approval. (Sec. 114) Directs the Secretary to revise existing DOD directives regarding development and procurement of certain information systems in order to consolidate those directives into one series of directives that is consistent with the simplified cycle established under this Act. Subtitle C: Rapid Contracting - Directs the Secretary to establish, and take necessary action to achieve, a goal of reducing by 50 percent the time necessary for DOD to acquire an item for the user of that item. (Sec. 122) Authorizes a contracting officer of an agency receiving more than three competitive proposals for a proposed contract to solicit best and final offers from three of such offerors, without conducting discussions with representatives of all of the competitive offers. (Sec. 123) Authorizes the Secretary to establish a contractor certification system for the procurement of DOD property or services that are acquired on a repetitive basis. Authorizes the head of a DOD agency to enter into such a contract on the basis of a competition among contractors certified under the system. Provides for the termination of such certification under appropriate circumstances. (Sec. 124) Requires solicitations for defense contracts for the procurement of property of services to include a statement of past contractor performance of the offeror and any certification of the offeror under the certification system established under this Act. Directs the Secretary to maintain a contractor performance data base containing performance histories of each contractor under DOD contracts. (Sec. 125) Requires (currently authorizes) the head of a defense agency to enter into multiyear contracts for the purchase of property whenever certain cost savings and other factors are present. (Sec. 126) Directs the Secretary to authorize and encourage the use of leasing in the acquisition of equipment when practicable and otherwise authorized by law. Requires a report on legislative changes required to facilitate such leases. Subtitle D: Performance Based Contract Management - Includes within unallowable defense contractor costs: (1) labor costs in excess of those provided in the contract offer; and (2) bid protest costs. (Sec. 132) Directs the Secretary to prescribe in regulations: (1) policies and procedures that encourage DOD contract administrators to submit to program managers for consideration alternative approaches to contract management, including an analysis of the costs and benefits of each alternative; and (2) a clause, to be included in each cost- and incentive-type contract, that provides contractor rewards for exceeding the contract cost, schedule, or performance parameters, as well as contractor penalties for failing to adhere to such parameters. Subtitle E: Financial Management - Requires the Secretary, before initial funding is made available for a phase of the acquisition program cycle for which an authorization of appropriations is specifically required, to submit to the Congress information concerning the objectives and plans for conducting such phase and the funding requirements for the entire phase. Directs the Congress, in authorizing appropriations for such a phase, to provide a single amount sufficient for carrying out the entire phase. Requires specific identification of the phase being funded. (Sec. 142) Authorizes the Secretary to transfer funds from appropriations available for a particular acquisition program phase in order to pay the cost of incentives provided to program managers who have been certified by the Secretary as having achieved at least 90 percent of the cost, schedule, and performance goals established for that phase. (Sec. 143) Directs the Comptroller General to review and report to the Congress on commercial practices regarding DOD accounts payable, and to develop standards to be used by the Secretary for improving DOD contract payment procedures and financial management systems. Empowers the Secretary with certain responsibilities with respect to corrective actions necessary to resolve weaknesses found by the Comptroller General. Subtitle F: Defense Acquisition Workforce - Directs the Secretary to ensure that DOD management policies and procedures provide that education and training in acquisition matters, and past performance of acquisition responsibilities, are major factors in the selection of personnel for assignment to DOD acquisition positions. Requires demonstrated past performance of acquisition duties to be considered under various provisions relating to employee qualifications, requirements, and evaluations. (Sec. 152) Directs the Secretary to provide for the acquisition of professional educational development and training services for the DOD acquisition workforce from commercial sources and through programs provided by Federal sources for all Federal acquisition personnel. Terminates provisions requiring the establishment and maintenance of a defense acquisition university structure. Requires DOD program managers and executive officers to have completed the course of development and training services established under this section. Authorizes the Secretary to submit to the Congress an alternative system of development and training. Subtitle G: Revision of Procurement Integrity Requirements - Amends the Office of Federal Procurement Policy Act (the Act) to: (1) require the head of a procuring activity who approves a recusal request (request for dismissal from participation in a procurement contract due to possible conflict of interests) to retain such request for at least five years and make such request available to the public; and (2) make certain contract officer or employee certification requirements under such Act inapplicable to contracts of less than $500,000. Provides that no individual who, in the year prior to separation from service as a military officer in a covered position or an officer or employee of the Government, participated personally and substantially in acquisition functions related to a contract of $500,000 or more shall knowingly accept or continue employment with the contractor or subcontractor involved under such contract for a period of one year following separation from service, except for employment in an unrelated position. Defines a "covered position" as one which requires such officer or employee to work directly on contracts in excess of $500,000. Requires a procurement ethics training program for procurement officials who are likely to be involved in contracts, modifications, or extensions in excess of $25,000. (Currently, all officials must participate in the program.) (Sec. 162) Provides penalties for those aiding, abetting, counseling, commanding, inducing, or procuring acts of Government officials which affect a personal interest of the individual. (Sec. 163) Repeals certain superseded and obsolete laws. (Sec. 164) Provides implementing regulations and requires Inspector General reports in each of FY 1996 through 1999 on compliance by the head of an agency in designating procurement positions covered by amendments to the Act. Subtitle H: Clerical Amendments - Makes clerical amendments to Federal armed forces provisions, the Federal criminal code, and the Department of Energy Organization Act. Title II: Reorganization and Reform of the Defense Acquisition System - Subtitle A: Streamlining and Improvement of Acquisition Management - Adds specified duties for the Under Secretary of Defense for Acquisition and Technology (Under Secretary). Establishes in DOD a Defense Research, Development, and Acquisition Agency, with a Director and a Chief of Engineering and Analysis (Chief). Outlines the duties to be performed by the Agency, including the planning, programming, and carrying out of the research, development, and acquisition (RDA) activities of DOD, the preparation and integration of budgets for RDA activities, and the review of acquisition program plans. Provides for: (1) selection and evaluation of Agency program executive officers; (2) the organization of personnel; (3) policies and procedures for the interaction of commanders of unified and specified combatant commands with program executive officers regarding the initiation and conduct of weapons acquisition programs; and (4) the selection, evaluation, and duties of Agency program managers. Requires the Chief to be responsible for ensuring that all functional analytical capabilities provided to the Agency Director and its officers and managers in connection with DOD acquisition programs are the most advanced capability of their type. Limits the procurement authority of the Secretaries of the various military departments to that considered necessary for the sustainment of operations of that service branch. (Sec. 202) Directs the Chairman of the Joint Chiefs of Staff to make recommendations to the Under Secretary regarding the desirability for joint development by the United States and one or more foreign countries of foreign products or systems. Subtitle B: Transfer of Functions - Transfers, with specified exceptions, to the: (1) Secretary all RDA activities of the military departments; and (2) Agency all the functions of specified organizations and commands. Directs the Secretary to terminate all organizations whose functions are so transferred. Provides savings provisions. Subtitle C: Conforming Amendments - Repeals specified Federal provisions concerning the general authorities and responsibilities of the defense acquisition workforce. Makes conforming amendments with respect to the transfer of certain RDA functions made earlier under this Act. Subtitle D: Effective Date - Makes this title and its amendments effective one year after the date of enactment of this Act. Title III: Depot-Level Maintenance - Repeals Federal provisions: (1) prohibiting more than 40 percent of funds made available for military department or defense agency depot-level maintenance and repair workloads from being used to contract for the performance of such workload by nongovernmental personnel; (2) prohibiting the management of DOD civilian depot-level maintenance personnel on the basis of end strengths; (3) providing an exception to (1), above; and (4) requiring a report concerning funds used to contract out for such work. (Sec. 302) States that it is essential for the national defense that DOD preserve an organic maintenance and repair capability to meet readiness and sustainability requirements for the systems and equipment required for contingency plans. Requires the Secretary to identify those DOD maintenance and repair activities that are necessary to preserve such capability (core capability), and prohibits the Secretary from contracting out for their performance. Allows for the contracting out of non-core capability functions. (Sec. 303) Directs the Secretary to provide for the performance by the private sector of all DOD depot-level maintenance and repair work except: (1) when no responsive bids for such performance are received from responsible offerors; or (2) for reasons of national security as determined by the Secretary.
United States · United States Congress · 24 March 1995
Insurance State's and Consumer's Rights Clarification and Fair Competition Act of 1995 - Prohibits a person from selling, underwriting, or soliciting the purchase of insurance in a State unless the person qualifies under and complies with all insurance regulatory requirements in the State and the person is not prohibited from engaging in such activities under Federal or State laws. Declares that these provisions cover any insurance sold, solicited, underwritten, or reinsured by an entity that operates in interstate commerce or is part of an entity any part of which operates in interstate commerce.
United States · United States Congress · 21 March 1995
Family Privacy Protection Act of 1995 - Declares that, in conducting a program or activity funded in whole or in part by the Federal Government, a person may not, without parental or guardian consent (or, if the minor is emancipated, without the minor's own prior consent), require or otherwise seek the response of the minor to a survey or questionnaire intended to elicit information concerning: (1) parental political affiliations or beliefs; (2) mental or psychological problems; (3) sexual behavior or attitudes; (4) illegal, anti-social, or self-incriminating behavior; (5) appraisals of other individuals with whom the minor has a familial relationship; (6) relationships legally recognized as privileged, such as those with lawyers, physicians, and clergy; or (7) religious beliefs. Exempts from this prohibition: (1) the seeking of information for the purpose of a criminal investigation or adjudication; (2) any inquiry made pursuant to a good faith concern for the health, safety, or welfare of an individual minor; (3) administration of the immigration, internal revenue, or customs laws of the United States; or (4) the seeking of any information required by law to determine eligibility for participation in a program or for receiving financial assistance. Provides that any restriction under any provision of Federal law on the seeking of information from minors through surveys, questionnaires, analyses, or evaluations shall not apply to any test intended to measure academic performance. Prescribes agency notice and compliance requirements. Provides for judicial review in certain cases. States that this Act does not apply to any program or activity which is subject to the General Education Provisions Act.
United States · United States Congress · 14 March 1995
TABLE OF CONTENTS: Title I: Assuring Availability and Continuity of Health Coverage Subtitle A: Insurance Reform Subtitle B: Facilitating Establishment of Health Plan Choice Organization (HPCOs) Subtitle C: Preemption of State Benefit Mandates and Anti-Managed Care Laws Subtitle D: Definitions; General Provisions Title II: Administrative Simplification Subtitle A: Standards for Data Elements and Transactions Subtitle B: Requirements With Respect to Certain Transactions and Information Subtitle C: Miscellaneous Provisions Title III: Fraud and Abuse Reform: Advisory Opinions Title IV: Malpractice Reform and Antitrust Subtitle A: Malpractice Reform Subtitle B: Antitrust Basic Health Care Reform Act of 1995 - Title I: Assuring Availability and Continuity of Health Coverage - Subtitle A: Insurance Reform - Requires carriers that offer health insurance coverage in the individual-small group market in a fair rating area to make available qualified standard coverage and high-deductible coverage to small employers. Exempts federally qualified health maintenance organizations (HMOs) and HMOs or managed care organizations recognized by State laws from the requirement to provide high-deductible coverage. Prohibits the offer of high-deductible coverage unless the carrier also makes standard coverage available with identical benefits and the employee demonstrates that they have available assets equal to at least the deductible amount under the high-deductible coverage. Requires carriers to provide for coverage of benefits for items and services furnished throughout the fair rating area. Prohibits carriers from limiting coverage to portions of interstate metropolitan statistical areas (MSAs), requiring them to provide coverage throughout the entire MSA. Requires coverage offers to include a family coverage option. Prohibits carriers from requiring employers under group health plans to impose waiting periods for health coverage or require conditions on health coverage based on an individual's: (1) health status; (2) claims experience; (3) receipt of health care; (4) medical history; or (5) receipt of public subsidies. (Sec. 1002) Requires carriers to accept every small employer and qualifying individual that applies for enrollment during the required enrollment period. Provides that in the case of coverage offered by carriers or under group health plans that provide benefits through a managed care arrangement, the carriers or plans: (1) need not establish health care facilities throughout the fair rating area if the facilities are located in a manner that does not discriminate on the basis of health status of individuals residing in proximity to such facilities; and (2) may deny coverage under certain conditions. Permits carriers to deny coverage if they do not have the necessary financial reserves. (Sec. 1003) Prohibits carriers from denying, cancelling, or refusing to renew health coverage except on the basis of nonpayment of premiums or fraud or because they are not providing a particular coverage option in the market. Sets limitations on market exit and re-entry by carriers. Establishes similar conditions for cancellation or denial by multiemployer plans. (Sec. 1004) Prohibits carriers or group health plans from excluding coverage with respect to services provided for preexisting conditions, except as provided by this Act. Provides for exclusion periods of up to 12 months subject to certain conditions. Makes exclusions inapplicable to pregnancy, newborns, adopted children, and certain individuals enrolled or enrolling during an open enrollment period. (Sec. 1005) Sets forth provisions regarding enrollment periods. (Sec. 1011) Establishes standards for general coverage requirements, managed care arrangements and requirements, and utilization review programs. (Sec. 1014) Amends the Internal Revenue Code to provide for the establishment of medical savings accounts. Makes the account beneficiary the owner of the account and includes distributions not used for qualified medical expenses in the beneficiary's gross income. Sets forth uses and limitations for such accounts. Excludes: (1) employer contributions to any medical savings account of an eligible employee from gross income (to the extent such contributions do not exceed the excess of premiums for standard coverage over the premiums for high-deductible coverage); and (2) health benefit payments made by employers from employment taxes. (Sec. 1021) Provides that the premium rate established by carriers for health insurance coverage in the small group market may not vary except by the following: (1) age; (2) geographic area; (3) family class; (4) benefit design of coverage and by type of coverage option; and (5) permitted expense category. (Sec. 1022) Requires the Secretary of Health and Human Services to request the National Association of Insurance Commissioners (NAIC) to develop a model risk adjustment system under which premiums applicable to coverage in the small group market would be adjusted to take into account factors to predict the future need and efficient use of services by covered individuals in the market. Incorporates such model into a rule that specifies risk adjustment mechanisms. Requires each State to develop systems that conform with the Federal model. (Sec. 1031) Requires carriers and group health plans to provide information relating to their performance in providing coverage to specified individuals, including prospective enrollees. (Sec. 1032) Prohibits carriers from varying the commission or other remuneration to a person based on the claims experience or health status of individuals enrolled by or through such person. (Sec. 1041) Directs the Secretary to request the NAIC to develop model regulations that specify standards with respect to this subtitle for carriers and health insurance coverage. (Sec. 1044) Imposes a tax on carriers or group health plans that fail to comply with provisions of this subtitle through Sec. 1033 unless a State has in effect a regulatory mechanism that provides sanctions. (Sec. 1045) Prohibits a plan from offering health coverage other than through a carrier unless the plan has at least 50 eligible employees, except where the plan is a multiple employer welfare arrangement which covers at least 1,000 qualifying employees and meets State established solvency standards. (Sec. 1051) Applies the provisions of this subtitle to carriers offering health insurance coverage to qualifying individuals in the individual market in the same manner as such provisions apply to carriers offering health insurance coverage to employers. Provides for an exception relating to risk adjustment systems. Subtitle B: Facilitating Establishment of Health Plan Choice Organization (HPCOs) - Authorizes the establishment of health plan choice organizations (HPCOs). (Sec. 1102) Requires HPCOs to enter into agreements with carriers that desire to make health coverage available in the small group market through HPCOs. (Sec. 1104) Requires HPCOs to offer enrollment for coverage, on behalf of carriers, to individuals in the market through which the organization offers coverage in the area served by the choice organization. Authorizes HPCOs to impose administrative fees for enrollment. Subtitle C: Preemption of State Benefit Mandates and Anti-Managed Care Laws - Preempts State laws that: (1) mandate health insurance benefits; (2) restrict managed care arrangements and utilization review programs; and (3) establish standards for health insurance coverage that differ from those established under this title. Subtitle D: Definitions; General Provisions - Sets forth definitions and effective date provisions. Title II: Administrative Simplification - Subtitle A: Standards for Data Elements and Transactions - Directs the Secretary to adopt standards for: (1) the electronic transmission of health information data; (2) information transactions; and (3) health information network privacy standards. Subtitle B: Requirements with Respect to Certain Transactions and Information - Lists transactions to be considered as standard transactions with respect to plan sponsors and HPCOs. (Sec. 2202) Requires certified health information security organizations to make available to Federal or State agencies, pursuant to a cost-type contract, any non-identifiable health information that is held by the service, consists of data elements that are subject to a standard under Subtitle A, and is requested by such an agency to fulfill a requirement under this Act. (Sec. 2203) Directs the Secretary to establish a procedure under which a plan sponsor or health provider that does not have the ability to transmit standard data elements and does not have access to a certified health information network may comply with this part. Subtitle C: Miscellaneous Provisions - Requires the Secretary to establish standards and a certification procedure for health information network services. (Sec. 2303) Provides that this subtitle supersedes State law. Prohibits the enforcement of any State law that requires medical or health plan records to be maintained or transmitted in written rather than electronic form, except as provided by the Secretary. Title III: Fraud and Abuse Reform: Advisory Opinions - Amends Social Security Act titles XI and XVIII to mandate the issuance of advisory opinions by the Secretary according to specified guidelines. Title IV: Malpractice Reform and Antitrust - Subtitle A: Malpractice Reform - Makes provisions of this subtitle through Sec. 4010 applicable to any medical malpractice liability action brought in a Federal or State court and to any medical malpractice claim subject to an alternative dispute resolution (ADR) system that is initiated on or after January 1, 1996. (Sec. 4002) Prohibits a medical malpractice liability action from being brought in any State court during a calendar year unless the relevant claim has been initially resolved (i.e., a decision has been reached on whether the defendant is liable to the plaintiff for damages and on the amount of damages) under a certified ADR system or an alternative Federal system. Prohibits a medical malpractice liability action from being brought in Federal court based on diversity of citizenship during a calendar year unless the relevant claim has been initially resolved under such a system in the State whose law applies. Directs the Attorney General to establish an ADR process for tort claims consisting of medical malpractice liability claims brought against the United States. Prohibits a medical malpractice liability action based on such a claim from being brought in any Federal court unless the claim has been initially resolved under such process. Sets forth procedures for filing actions. (Sec. 4003) Authorizes States to develop specialty clinical practice guidelines to be certified by the Secretary. (Sec. 4004) Limits to $250,000 the amount of noneconomic damages that may be awarded to a claimant and family members in a medical malpractice liability action. (Sec. 4006) Sets forth provisions regarding: (1) limits on attorney's fees and other costs; and (2) statutes of limitations. (Sec. 4008) Specifies that in the case of a medical malpractice claim relating to services provided during labor or the delivery of a baby, if the health care professional or provider did not previously treat the claimant for the pregnancy, the trier of fact may not find that the defendant committed malpractice nor assess damages unless the malpractice is proven by clear and convincing evidence. (Sec. 4010) Provides that this part preempts State law, except for State law that imposes greater restrictions than those provided in this part. (Sec. 4021) Lists requirements for State ADR systems, including that such a system: (1) applies to all medical malpractice liability claims under the jurisdiction of the courts of that State; (2) requires that a written opinion resolving the dispute be issued within six months after each party against whom the claim is filed has received notice of the claim; (3) is approved by the State or local governments; (4) provides for the transmittal to the State agency responsible for monitoring or disciplining health care professionals and providers of any findings of malpractice; and (5) provides for the regular transmittal of information on disputes resolved under the system to the Administrator for Health Care Policy and Research in a manner that protects the identity of the parties involved. (Sec. 4022) Directs the Secretary to certify State ADR systems that meet such requirements on an annual basis. Requires the Secretary to establish an alternative Federal ADR system for the resolution of medical malpractice liability claims in States that do not have in effect a certified ADR system. (Sec. 4023) Directs the Secretary to submit to the Congress a report describing and evaluating State ADR systems and the alternative Federal system. (Sec. 4031) Sets forth definitions for this subtitle. Subtitle B: Antitrust - Directs the Attorney General to: (1) provide for the development of guidelines on the application of antitrust laws to the activities of health plans; and (2) establish a review process under which a health plan may request the Department of Justice's opinion on the plan's conformity with the Federal antitrust laws. (Sec. 4102) Requires the Attorney General to issue a certificate of public advantage to each eligible health care collaborative activity that complies with this section's requirements. Provides that such activity shall not be liable under the antitrust laws for conduct described in the certificate if such conduct occurs while the certificate is in effect. Directs the Attorney General to issue such a certificate if: (1) the benefits that are likely to result from the activity outweigh the reduction in competition that is likely to result; and (2) such reduction is necessary to obtain such benefits. Sets forth activity eligibility requirements.
United States · United States Congress · 14 March 1995
Amends the Fair Labor Standards Act of 1938 to apply an overtime exemption to employees of any establishment (currently, any retail or service establishment) whose regular rate of pay exceeds one and one-half times the minimum wage and more than half of whose compensation represents commissions on goods or services.
United States · United States Congress · 8 March 1995
Nullifies any executive order or other rule or order that prohibits Federal contracts with, requires the debarment of, or imposes other sanction on a contractor on the basis that such contractor or an organizational unit thereof has permanently replaced lawfully striking workers.
United States · United States Congress · 8 March 1995
Constitutional Amendment - Makes persons who have been elected to the: (1) Senate two times ineligible for election to the Senate; and (2) House of Representatives six times ineligible for election to the House. Provides that election before this article is ratified shall not be taken into account, but makes valid any State limitation on service for Members of Congress, provided such limitation does not exceed the limitation set forth by this amendment.
United States · United States Congress · 3 March 1995
Medical Procedures Innovation and Affordability Act - Prohibits the issuance of a patent for any invention or discovery of a technique, method, or process for performing a surgical or medical procedure, administering a surgical or medical therapy, or making a medical diagnosis. Provides that if a technique, method, or process is performed by or as a necessary component of a machine, manufacture, or composition of matter or improvement which is itself patentable subject matter, the patent on such machine, manufacture, or composition may claim the technique, method, or process.
United States · United States Congress · 2 March 1995
Provides that, in the administration of the child labor provisions of the Fair Labor Standards Act of 1938, minors under age 18 shall be permitted to load materials into balers or compactors that meet specified safety standards of the American National Standards Institute.
United States · United States Congress · 2 March 1995
TABLE OF CONTENTS: Title I: Consolidation of Federal Employment Assistance Programs Subtitle A: Block Grants to States Subtitle B: Consolidation and Repeal of Certain Federal Employment Assistance Programs Subtitle C: Effective Dates Title II: Notice of Availability of Earned Income Credit Title III: Repeal of Temporary Futa Surtax Employment Enhancement Reform Act - Title I: Consolidation of Federal Employment Assistance Programs - Subtitle A: Block Grants to States - Establishes a block grant program to prepare individuals for employment by increasing their occupational and educational skills. Authorizes the Secretary of Labor to make such grants, for up to five-year periods subject to annual approval and availability of appropriations, to States to provide employment assistance to eligible individuals. Reserves funds for grants to Indian tribes and migrant and seasonal farmworker organizations. (Sec. 103) Allocates such grants to States on the basis of relative numbers of: (1) unemployed in areas of substantial unemployment; (2) excess unemployed; and (3) economically disadvantaged adults. (Sec. 104) Sets forth requirements for applications, use of grants, and conduct of State programs. Requires State programs to provide employment assistance to the following types of eligible individuals: (1) economically disadvantaged and 14 years or older; (2) certain types of dislocated workers; (3) individuals with disabilities; (4) Armed Forces members being separated under other than adverse conditions; (5) unemployed veterans; and (6) displaced homemakers. Requires States to: (1) profile and evaluate individuals to determine the employment assistance services to be provided; (2) notify individuals of other sources of supportive services; (3) provide appropriate employment assistance, within specified limits; (4) monitor rates of individuals successfully obtaining employment after separation from the program, according to specified criteria; and (5) establish one-stop-shop centers throughout the State for program information and profiling and evaluation. Authorizes certain discretionary activities under State programs. (Sec. 107) Directs the Secretary to make biennial determinations of State success in placing individuals in employment. Authorizes reduction or termination of payments when a State has not been successful, and reinstatement or increase of payments when a State implements appropriate modifications of its program. (Sec. 110) Authorizes appropriations. Subtitle B: Consolidation and Repeal of Certain Federal Employment Assistance Programs - Chapter 1: Consolidation of Programs - Amends the Stewart B. McKinney Homeless Assistance Act to eliminate community mental health services demonstration projects for homeless individuals who are chronically mentally ill. (Sec. 112) Amends the Rehabilitation Act of 1973 to add requirements for State collaborative programs of supported employment services for individuals with the most severe disabilities, special recreation activities and services, and projects with industry. Repeals other provisions for special project grants for supported employment programs, special recreational programs, projects with industry, and supported employment services for individuals with severe disabilities. Chapter 2: Repeal of Programs - Repeals Higher Education Act of 1965 provisions for special programs for students whose families are engaged in migrant and seasonal farm work. (Sec. 122) Repeals: (1) the disabled veterans outreach program and the local veterans employment representative program under Federal law relating to veterans; and (2) the homeless veterans reintegration project under the Stewart B. McKinney Homeless Assistance Act. (Sec. 123) Repeals: (1) the Foster Grandparent and Senior Companion programs under the Domestic Volunteer Service Act; (2) employment and training program provisions under the Food Stamp Act of 1977 (but allowing college students who are parents responsible for care of a dependent child under age six to be eligible for the food stamp program); and (3) the older American community service employment program under the Older Americans Act of 1965. (Sec. 124) Repeals the Job Training Partnership Act, except those provisions relating to the Job Corps. Authorizes appropriations for the Job Corps. (Sec. 125) Repeals the Appalachian vocational and other educational facilities and operations program under the Appalachian Regional Development Act of 1965. (Sec. 126) Repeals certain provisions relating to rules for computing the targeted jobs credit under the Internal Revenue Code. (Sec. 127) Repeals the JOBS (Job Opportunities and Basic Skills training) program provisions for recipients of AFDC (Aid to Families With Dependent Children) under the Social Security Act. (Sec. 128) Repeals: (1) the Service Members Occupational Conversion and Training Act of 1992; (2) the Adult Education Act; (3) the Carl D. Perkins Vocational and Applied Technology Education Act; (4) the National Literacy Act of 1991; and (5) the Indian Employment, Training and Related Services Demonstration Act of 1992. (Sec. 133) Repeals special programs relating to adult education for Indians, under the Indian Education Act of 1988. (Sec. 134) Repeals special Social Security Act provisions relating to Indian tribes and JOBS training programs. (Sec. 135) Repeals provisions for the VISTA Literacy Corps under the Domestic Volunteer Service Act of 1973. (Sec. 136) Repeals: (1) the Wagner-Peyser Act (employment agencies); (2) the adult education for the homeless grants program and the job training for the homeless demonstration grants program under the Stewart B. McKinney Homeless Assistance Act; (3) the trade adjustment assistance for workers program under the Trade Act of 1974; (4) FY 1993 and 1994 authorizations of appropriations for certain grants, as well as certain technical assistance conditions, under the Homeownership and Opportunity through HOPE Act; and (5) the State legalization impact-assistance grants program under the Immigration Reform and Control Act of 1986. Subtitle C: Effective Dates - Sets forth effective dates. Title II: Notice of Availability of Earned Income Credit - Amends the Social Security Act and the Food Stamp Act of 1977 to require that notice of availability of the earned income tax credit be provided to applicants for and former recipients of AFDC, Medicaid, or food stamps. (Sec. 202) Amends the Omnibus Budget Reconciliation Act of 1990 to require printing of a notice of the availability of the earned income tax credit and the dependent care tax credit on W-4 forms for employee withholding exemptions. Title III: Repeal of Temporary FUTA Surtax - Repeals the temporary FUTA (Federal Unemployment Tax Act) surtax under the Internal Revenue Code.
United States · United States Congress · 24 February 1995
Amends the Goals 2000: Educate America Act to eliminate the National Education Standards and Improvement Council (the Council). Prohibits any Federal agency from expending Federal funds for the development or dissemination of model or national content standards, national student performance standards, or national opportunity-to-learn standards. Eliminates the requirement that the National Education Goals Panel review and approve such standards and criteria. Terminates funding for: (1) the Council; (2) opportunity-to-learn development grants; and (3) assessment development and evaluation grants. Makes technical and conforming amendments to the Elementary and Secondary Education Act of 1965, the General Education Provisions Act, and the Education Amendments of 1978.
United States · United States Congress · 23 February 1995
Repeals provisions regarding the Joint Committee on Printing. Transfers responsibilities of the Committee to the Public Printer. Directs the Public Printer to: (1) remedy neglect, delay, duplication, and waste in public printing and binding and the production of Government publications; (2) prescribe quality standards; (3) utilize requests for proposals and similar authorized purchasing methods where total or partial migration to new technologies is appropriate or when requested by the user; (4) prescribe Government specifications for printing paper and writing paper; (5) assist with the acquisition and transfer of equipment requisitioned by facilities previously authorized and with the disposal of such equipment; and (6) establish policy for the acquisition of printing and Government publications, formulated to maximize competitive procurement from the private sector (but which may provide for use of Government in-house printing and duplicating operations if they provide printing and duplicating at the lowest cost to the Government). Requires the Public Printer to promulgate rules and regulations for the procurement of printing and Government publications by the Government Printing Office (GPO) not inconsistent with this Act. Mandates that the annual report to the Congress include a report on: (1) the printing costs of each branch of Government; and (2) a cost comparison of printing and publications as procured through GPO, produced by each Federal agency, produced by commercial sources that are not Federal entities under contract with a Federal agency (other than GPO), and produced by commercial sources that are not Federal entities under contract with GPO. Directs the Public Printer to establish and maintain the following separate GPO accounts: (1) Superintendent of Documents; (2) Executive and Judicial Print Procurement; and (3) Congressional Services. Requires that all printing and Government publications for the Congress, the executive office, the judiciary (other than the Supreme Court), and every executive department, agency, independent office and establishment or Government entity be procured from private sector commercial entities by GPO, with exceptions. Revises provisions regarding: (1) competitive procurement; (2) limits on Government printing production; (3) the use of illustrations; (4) the form and style of work for departments. Sets forth provisions regarding: (1) departmental distribution of publications; (2) availability, inventory, dissemination, and re-publication of Government publications; (3) projections and reporting on costs for printing by Federal agencies; (4) scoring of sales of assets; (5) "Buy American" requirements; and (6) cost ceilings for certain congressional documents.
United States · United States Congress · 15 February 1995
Missing Service Personnel Act of 1995 - Requires the military commander of the unit, facility, or area to which the following persons are assigned to conduct an investigation as to their whereabouts after receiving factual information that their status is uncertain: (1) military personnel who disappear during a period of war, national emergency, or hostilities; and (2) any civilian Federal employee (including an employee of a Federal contractor) who serves with or accompanies an armed force in the field during such a period. Requires such persons to be placed in a missing status and requires notification of such status to either the officer having general court-martial authority over the person (for military personnel) or the Secretary of the military department employing such person (for civilian and contractor employees). Requires such officials to be kept informed (specifies deadlines) as to all information and inquiries concerning efforts to locate such missing personnel. Requires such officials to appoint a board to conduct an inquiry into the whereabouts and status of such persons. Provides for: (1) board composition, activities, and access to information; (2) inquiry proceedings (requiring the appointment of counsel, with specified duties, to represent the missing person); (3) a board recommendation as to the official status of a person following such an inquiry; (4) board reports to the officials involved as to board conclusions (prohibiting public availability of such reports for a one-year period); (5) report review by the official; (6) a report from such official to interested persons; and (7) an additional investigation and inquiry by an additional board upon receipt of new information within one year after the date of the first official notice of a person's disappearance. Allows interested persons (family members, dependents, next of kin) to participate at the proceedings of the board during such additional inquiry. Provides for the availability of appropriate information to board personnel conducting investigations and inquiries. Provides similar procedures for the second board with respect to meetings (open to the public, with exceptions), recommendations, reports, review by the Secretary of the military department concerned, and reports to interested persons. Directs the Secretary concerned: (1) if information becomes available on the whereabouts or status of a missing person within three years after the first official notice of the person's disappearance, to appoint a board to conduct an inquiry into such information; and (2) to appoint a board to conduct an inquiry as to the status of any missing person on or about three years after the first official notice of the disappearance of such person and not later than every three years thereafter until a total of 12 years after the first official notice. Allows certain interested persons to request the Secretary to appoint a board to review the status of a person declared dead before five years after the enactment of this Act. Limits the review subjects to those whose deaths were declared to have occurred on or after December 7, 1941. Provides for the conditions under which an appointed board may recommend that a person be declared dead. Requires the Secretary concerned to ensure that the personnel file of each person covered contains all information in possession of the Government relating to the disappearance and whereabouts or status of such person. Provides for judicial review of a person's declared status under this Act. Requires a person in a missing status or previously declared dead who is subsequently found alive to be paid for the full time of their absence. Requires the Secretary concerned, upon the enlistment of a person in an armed force, to require such person to specify in writing the individual(s) to whom information on their whereabouts or status shall be provided in the event of an investigation under this Act. Allows for revision of such choice by the enlisting individual.
United States · United States Congress · 9 February 1995
Helium Privatization Act of 1995 - Amends the Helium Act to authorize the Secretary of the Interior to: (1) enter into agreements with private parties for the recovery and disposal of helium on Federal lands; (2) grant leasehold rights to such helium; (3) store and transport crude helium; and (4) maintain and operate existing crude helium storage at the Bureau of Mines Cliffside Field. Directs the Secretary to: (1) cease producing, refining, and marketing refined helium; and (2) dispose of all facilities, equipment, and Federal property interests relating to refined helium activities. Requires the Secretary to impose fees for helium storage, withdrawal, or transportation services. Prescribes guidelines for: (1) the purchase of helium by Federal agencies from certain private persons; and (2) the sale of crude helium by the Secretary. Prohibits the Secretary from making crude helium sales in amounts that will disrupt the crude helium market price. Mandates that proceeds from helium sales be paid to the Treasury. Instructs the Secretary to eliminate helium stockpiles by a prescribed deadline. Repeals the Secretary's authority to borrow under the Helium Act. Directs the Inspector General of the Department of the Interior to prepare certain annual financial statements for the Helium Operations of the Bureau of Mines.
United States · United States Congress · 7 February 1995
Amends the Legislative Branch Appropriations Act, 1991 to revise the formula for the Official Mail Allowance (thereby reducing the amount allowed) for Members of the House of Representatives.
United States · United States Congress · 30 January 1995
Teamwork for Employees and Managers Act of 1995 - Amends the National Labor Relations Act to allow employers to establish, assist, maintain, or participate in an organization or entity in which employees participate to address matters of mutual interest (including issues of quality, productivity, and efficiency) if such organizations or entities cannot negotiate, enter into, or amend collective bargaining agreements.
United States · United States Congress · 26 January 1995
Bartlett-Chapman-Stockman Assault Weapon Ban Repeal Act - Amends the Federal criminal code and the Violent Crime Control and Law Enforcement Act of 1994 to repeal prohibitions relating to semiautomatic assault weapons and large capacity ammunition feeding devices.
United States · United States Congress · 26 January 1995
A to Z Spending Cuts Plan - Reduces discretionary spending limits for FY 1995 in amounts equal to rescissions under this Act. Declares that reductions in outlays shall not be taken into account for sequestration purposes of the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act). Reduces discretionary spending limits for FY 1995 through 1998 by the amount of rescissions and additional savings under this Act. Expresses the sense of the Congress that each reduction in the discretionary spending caps caused by the spending cuts of this Act shall result in reduction in future spending for that particular program only.
United States · United States Congress · 20 January 1995
States Rights Empowerment Act of 1995 - Repeals provisions requiring the withholding of certain Federal aid highway funds for noncompliance by States with: (1) a program requiring the use of safety belts and motorcycle helmets; (2) national maximum speed limit provisions; and (3) a minimum drinking age of 21 requirement.
United States · United States Congress · 17 January 1995
Church Retirement Benefits Simplification Act of 1995 - Amends the Internal Revenue Code to recodify and revise qualifications for church retirement and pension plans. Makes employee contributions to such plans nonforfeitable. Requires the plan to meet minimum vesting requirements. Recodifies the authority of a church or a convention or association of churches to be treated as an employer making contributions to retirement income accounts. Subjects church-related hospitals and universities to certain coverage and related rules in the case of a contract purchased by a church. Requires distributions from retirement income accounts provided by churches to be in accordance with distributions under cash or deferred arrangements. Provides for determining the beginning date for such distributions. Allows self-employed ministers and chaplains who work for non-church employers to participate in their church plans. Provides that certain rules aggregating employees do not apply to churches. Restores qualified voluntary employee contributions to church plans. Treats self-employed ministers as employees for purposes of certain welfare benefit plans and retirement income accounts. Allows a deduction for contributions to retirement income accounts by such ministers. Provides that a church plan maintained by more than one employer shall not be treated as a single plan. Provides that accounting methods of deferred compensation plans of State and local governments and tax-exempt organizations do not apply to a church plan. Exempts a church plan from the requirement to maintain separate accounts for medical benefits for key employees. Provides that the special rules for computing employee contributions to pension plans do not apply to certain foreign missionaries. Repeals the elective deferral catch-up limitation for church retirement income accounts. Allows church plans to annuitize benefits and increase benefit payments. Provides that rules for self-insured medical reimbursement plans are not applicable to church plans. Provides that retirement benefits of ministers are not subject to the tax on net earnings from self-employment.
United States · United States Congress · 13 January 1995
Repeals the Davis-Bacon Act (an Act which requires that the locally prevailing wage rate be paid to various classes of laborers and mechanics working under federally-financed or federally-assisted contracts for construction, alteration, and repair of public buildings or public works). Repeals the Copeland Act (an Act which requires the Secretary of Labor to regulate contractors and subcontractors engaged in the construction or repair of public buildings, public works, or federally financed or assisted buildings or works).
United States · United States Congress · 9 January 1995
Regulatory Transition Act of 1995 - Establishes a moratorium on Federal regulatory rulemaking actions from November 9, 1994, through June 30, 1995, with certain emergency exceptions for presidentially designated imminent threats to health or safety, or actions necessary for enforcement of criminal laws. Suspends until July 1, 1995, starting 30 days after enactment of this Act, the effectiveness of any such action taken or made effective after November 9, 1994, but before enactment of this Act. Extends for five months or until July 1, 1995, whichever is later, any statutory, regulatory, or judicial deadline for, relating to, or involving any action dependent upon, any regulatory rulemaking actions authorized or required to be taken before the end of the moratorium period. Requires the President to inventory and publish in the Federal Register a list of all covered regulatory rulemaking actions taken or made effective during the moratorium period but before the date of enactment of this Act. Excludes from the meaning of rule: (1) the approval or prescription, on a case-by-case or consolidated basis, for the future of rates, wages, corporation, or financial structures or reorganizations thereof, prices, facilities, appliances, services or allowances therefor, or of valuations costs, or accounting, or practices bearing on any of the foregoing; and (2) the granting of an application for a license, registration, or similar authority, the granting or recognition of an exception, the granting of a variance or petition for relief from a regulatory requirement, or other action relieving a restriction, or any action necessary to permit new or improved applications of technology. Authorizes civil actions by anyone adversely affected by any conduct of a Federal agency in violation of this Act.
United States · United States Congress · 4 January 1995
Amends provisions of the Uruguay Round Agreements Act that revise Federal patent law to provide that a patent term shall be the later of 17 years from the date the patent is granted or 20 years from the date the application was filed in the United States. Provides that if the application contains a reference to an earlier application, the term shall be 20 years from the date the earliest application was filed. Removes provisions that provide for extensions of patent terms under certain conditions. Provides for public disclosure and inspection of original and continuing patent applications in cases where a continuing patent application is filed that claims the benefit of the filing date of a prior application that was filed more than 60 months earlier. Requires the term of a patent that is in force or results from an application filed within six months after the Uruguay Round Agreements Act enactment date to be the term provided in this Act.
United States · United States Congress · 4 January 1995
Amends Federal law to prohibit any State from imposing an income tax on the retirement income of any individual who is not a resident or domiciliary of that State.
United States · United States Congress · 4 January 1995
Language of Government Act of 1995 - Declares English to be the official language of the U.S. Government. States that the Government has an affirmative obligation to preserve and enhance the role of English as the official language. Requires the Government to conduct its official business in English. Prohibits anyone from being denied Government services because he or she communicates in English.
United States · United States Congress · 4 January 1995
TABLE OF CONTENTS: Title I: Motor Vehicle Inspection and Maintenance Title II: Redesignation of Attainment Areas Title I: Motor Vehicle Inspection and Maintenance - Provides that States shall not be required to implement enhanced vehicle inspection and maintenance programs under provisions of the Clean Air Act pertaining to Serious, Extreme, and Severe ozone nonattainment areas and ozone transport regions before two years after this Act's enactment date. Directs the Administrator of the Environmental Protection Agency to immediately rescind regulations relating to the operation of such programs on a centralized basis and issue new regulations to allow the operation of such programs on a centralized or decentralized basis at the option of each State. Prohibits, until the Administrator carries out such requirements, the imposition of sanctions for failures by States to implement such programs or specified adverse actions against States by the Administrator or the Administrator of the Federal Highway Administration. Requires the Administrator to consider the operation of programs on a decentralized basis as equivalent to operation on a centralized basis if the State demonstrates that such equivalency is reasonable. Title II: Redesignation of Attainment Areas - Amends the Clean Air Act to provide that if a State Governor submits a redesignation of an area from nonattainment to attainment and such designation is based upon attainment of the relevant national ambient air quality standard for three consecutive years, such redesignation shall become effective immediately upon receipt by the Administrator.
United States · United States Congress · 4 January 1995
Capital Formation and Jobs Creation Act of 1995 - Amends the Internal Revenue Code to allow a 50 percent income tax deduction for the net capital gain of both corporate and noncorporate taxpayers. Requires indexing, based on the gross domestic product deflator, of the adjusted basis of certain assets (corporate stock and tangible property that is a capital asset or property used in a trade or business) that have been held for more than one year at the time of sale or other transfer, solely for the purpose of determining gain or loss. Allows an itemized deduction for losses arising from the sale or exchange of a principal residence.
United States · United States Congress · 4 January 1995
COLA Equity Act - Amends the Omnibus Budget Reconciliation Act of 1993 to: (1) provide that the initial month for which a cost of living increase in military retired pay that becomes effective on December 1 of 1993, 1994, or 1995 is payable shall be March (currently, September) of the following year for persons who first became a member of a uniformed service before August 1, 1986; and (2) provide that such special rule shall apply only through FY 1996 (currently, FY 1998).
United States · United States Congress · 4 January 1995
Constitutional Amendment - Provides that no person who has been elected to the Senate two times shall be eligible for election or appointment to the Senate. Provides that no person who has been elected to the House of Representatives six times shall be eligible for election to the House.
United States · United States Congress · 4 January 1995
Constitutional Amendment - Prohibits any person from serving in Congress for more than two full terms as a Senator or for more than three full terms as a Representative. (Excludes service before this article takes effect.)
United States · United States Congress · 4 January 1995
TABLE OF CONTENTS: Title I: Review of Unfunded Federal Mandates Title II: Regulatory Accountability and Reform Title III: Legislative Accountability and Reform Unfunded Mandate Reform Act of 1995 - Prohibits this Act from applying to any provision in a Federal statute or proposed or final Federal regulation that: (1) enforces constitutional rights of individuals; (2) establishes or enforces any statutory rights that prohibit discrimination on the basis of race, religion, gender, national origin, or handicapped or disability status; (3) requires compliance with accounting and auditing procedures with respect to grants or other money or property provided by the Federal Government; (4) provides for emergency assistance or relief at the request of any State, local, or tribal government; (5) is necessary for national security or ratification or implementation of international treaty obligations; or (6) is designated as emergency legislation. Title I: Review of Unfunded Federal Mandates - Establishes the Commission on Unfunded Federal Mandates to investigate and review the role of unfunded Federal mandates in intergovernmental relations and their impact on State, local, tribal, and Federal government objectives and responsibilities. Requires the Commission to make recommendations to the President and the Congress with regard to: (1) allowing flexibility where the terms of compliance are unnecessarily rigid or complex; (2) consolidating or simplifying unfunded Federal mandates in order to facilitate compliance; (3) terminating those mandates which are duplicative, obsolete, or lacking in practical utility; and (4) temporarily suspending those mandates which are not vital to public health and safety and which compound the fiscal difficulties of State, local, and tribal governments. (Sec. 107) Authorizes appropriations. Title II: Regulatory Accountability and Reform - Requires each Federal agency, to the extent permitted under current law, to: (1) assess the effects of Federal regulations on States, local, and tribal governments, and the private sector (other than to the extent that such regulations incorporate requirements specifically set forth in legislation), including specifically the availability of resources to carry out any Federal mandates in those regulations; and (2) seek to minimize those burdens that uniquely or significantly affect such governmental entities or the private sector, consistent with achieving statutory and regulatory objectives. (Sec. 201) Directs each agency to develop an effective process to permit elected officials and other representatives of States and local and tribal governments to provide meaningful and timely input in the development of regulatory proposals containing significant Federal intergovernmental mandates. Requires each agency, before establishing regulatory requirements, to develop plans for: (1) notifying small governments of such requirements; (2) enabling their officials to provide appropriate input into the regulatory process; and (3) preparing estimates of the effect of Federal private sector mandates on the national economy. (Sec. 202) Requires each agency to prepare a written statement of specified estimates and analyses before promulgating any notice of proposed rulemaking or final rule including Federal mandates that may result in private or public sector expenditures of $100 million or more in any one year. (Sec. 203) Directs the Director of the Office of Management and Budget (OMB) to collect such statements and forward copies to the CBO Director. (Sec. 204) Requires the OMB Director to establish pilot programs in at least two agencies to test innovative and more flexible regulatory approaches that: (1) reduce reporting and compliance burdens on small governments; and (2) meet overall statutory goals and objectives. Title III: Legislative Accountability and Reform - Amends the Congressional Budget Act of 1974 to add provisions on Federal mandates, with applicability limited in the same manner as indicated before in title I. (Sec. 301) Provides that when a congressional authorization committee orders a public bill or joint resolution reported, the committee shall promptly provide the text of the legislation to the CBO Director, identifying any Federal mandate in it. Requires, when such a committee reports legislation including any Federal mandate, that the accompanying report contain certain information, including statements on whether the legislation is intended to preempt any State, local, or tribal law (and the reasons for such intention), as well as individual mandate descriptions, cost- benefit analyses, and statements regarding Federal financial assistance to State, local, and tribal governments for meeting mandate costs. Requires the CBO Director, for each piece of legislation, to prepare and submit to such committee certain statements estimating the direct costs of mandate compliance and the amount of new or increased Federal financial assistance needed to meet such costs, if the estimates indicate at least a $50 million per fiscal year direct cost of all intergovernmental mandates in the legislation, or a $100 million per fiscal year direct cost of private sector mandates. Provides that, at the request of any congressional committee, the CBO Director shall: (1) consult with and assist it in analyzing the budgetary or financial impact of any proposed legislation that may have a significant impact on the State, local, or tribal government involved or on the private sector; and (2) study any legislative proposal containing a Federal mandate. Requires the CBO Director to conduct continuing studies to enhance comparisons of budget outlays, credit authority, and tax expenditures. Requires any congressional committee that anticipates considering proposed legislation establishing, amending, or reauthorizing any Federal program likely to have a significant budgetary impact on the State, local, or tribal government involved, or to have a significant financial impact on the private sector, to include that information in its views and estimates on that proposal to the applicable budget committee. Authorizes appropriations to CBO to carry out such new requirements under the Congressional Budget Act of 1974. Makes it out of order for the House of Representatives or the Senate to consider: (1) any reported nonappropriations legislation unless it has a CBO Director report; or (2) any reported nonappropriations legislation containing a Federal intergovernmental mandate with direct costs exceeding the thresholds specified by this Act, unless it provides for new or increased budget, entitlement, or direct spending authority or makes other specified arrangements for each fiscal year to ensure that Federal funds equal or exceed the estimated direct costs of the mandate, or that State, local, and tribal programmatic and financial responsibilities are reduced so they do not exceed the amount of Federal funding. Requires the direct costs of a Federal mandate for a fiscal year to be determined based on estimates by congressional budget committees. Gives the Committee on Government Reform and Oversight of the House and the Committee on Governmental Affairs of the Senate final authority to determine whether a piece of legislation contains a Federal mandate. Provides that it shall not be in order in the House of Representatives to consider a rule or order waiving application of these provisions to a bill or joint resolution reported by an authorization committee. (Sec. 302) Amends House rules with regard to the Committee of the Whole and Committee on Rule: (1) to make it always in order in the former to strike from the portion of any bill open to amendment any Federal mandate whose direct costs exceed the prescribed threshold; and (2) to require the latter to include in its reports on waived points of order a separate item identifying all waivers of points or order relating to Federal mandates. (Sec. 305) Repeals the State and Local Government Cost Estimate Act of 1981.