United States · United States Congress · 7 June 1995
TABLE OF CONTENTS: Title I: Purpose and Repeal of Data Bank Title II: Administrative Simplification Title III: Effective Dates Health Information Modernization and Security Act - Title I: Purpose and Repeal of Data Bank - Amends title XI of the Social Security Act (SSA) and other specified law to repeal the Medicare and Medicaid Coverage Data Bank and associated provisions on the identification of Medicare secondary payer situations when the Secretary of Health and Human Services notifies the Congress that the Bank is no longer necessary because of the operation of the health information network established pursuant to title II of this Act. Title II: Administrative Simplification - Amends SSA title XI to add a new part C (Administrative Simplification) for development of an electronic network for: (1) processing health care information consistent with the goal of improving the operation of the overall health care system; and (2) reducing related administrative costs through the Secretary's adoption of certain standards for information transactions (including enrollment, disenrollment, claims attachments, and coordination of benefits) and data elements as well as standards relating to security and privacy, and performance of tasks pursuant to specified requirements, assisted by a new Health Information Advisory Committee established by this Act. Provides penalties for violations of standards or requirements under this Act, including those involving information transactions and security and privacy. Directs the Secretary to recommend to the Congress a plan for developing and implementing uniform data standards for patient medical record information and its electronic exchange. Authorizes the Secretary to make grants for demonstration projects to promote the development and use of electronically integrated clinical information systems and computerized patient medical records. Authorizes appropriations. Title III: Effective Date s - Specifies the effective date of this Act.
United States · United States Congress · 7 June 1995
TABLE OF CONTENTS: Title I: Specific Coins Authorized Title II: General Provisions United States Commemorative Coins Act of 1995 - Title I: Specific Coins Authorized - Requires the Secretary of the Treasury to mint and issue ten-dollar gold coins to commemorate the bicentennial of United States gold coinage. (Sec. 102) Requires the Secretary to mint and issue five-dollar gold coins and one-dollar silver coins to commemorate the 50th anniversary of the founding of the United Nations and the role of President Harry S. Truman. Directs coin sale surcharge distribution to the Harry S. Truman Library Foundation and the U.N. Association. (Sec. 103) Requires the Secretary to mint and issue coins commemorating: (1) the sesquicentennial of the founding of the Smithsonian Institution; (2) the public opening of the Franklin Delano Roosevelt Memorial, Washington, D.C.; (3) the 125th anniversary of the establishment of the first U.S. National Park, Yellowstone National Park; and (4) the sacrifices of law enforcement officers and their families in preserving public safety, with surcharge proceeds paid to the National Law Enforcement Officers Memorial Fund, Inc. Title II: General Provisions - Mandates that the design for the coins be: (1) selected by the Secretary after consultation with recipient organizations and the Commission of Fine Arts; and (2) reviewed by the Citizens Commemorative Coin Advisory Committee.
United States · United States Congress · 24 May 1995
Mandatory Electronic Funds Transfer Expansion Act of 1995 - Amends the Federal Financial Act of 1994 to require that recipients of Federal payments on or after January 1, 1996, receive them through electronic funds transfer. Exempts recipients of Federal payments who do not have an account with a financial institution or an authorized payment agent. Requires that all Federal payments after January 1, 2001, be made by electronic funds transfer.
United States · United States Congress · 24 May 1995
Amends the Internal Revenue Code to allow an income tax credit to individuals only of up to $100 ($200 for a joint return) of the value of an individual's total political contributions to congressional candidates for the State in which the contributor is a resident.
United States · United States Congress · 24 May 1995
Amends the Federal Election Campaign Act of 1971 to prohibit a congressional candidate from establishing, maintaining, financing, or controlling a political committee, other than the principal campaign committee of the candidate.
United States · United States Congress · 24 May 1995
Amends the Federal Election Campaign Act of 1971 to provide for a voluntary contribution limit from other than individual district residents in House of Representatives elections.
United States · United States Congress · 24 May 1995
Amends the Federal Election Campaign Act of 1971 to: (1) increase the limitation amount of contributions by individuals to candidates in Federal elections; and (2) decrease the limitation amount of contributions by nonparty multicandidate political committees to such candidates.
United States · United States Congress · 23 May 1995
James Madison Commemorative Coin Act - Directs the Secretary of the Treasury to issue commemorative one-dollar silver coins emblematic of the 250th anniversary of the birth of James Madison and the life and achievements of the fourth President of the United States. Requires the Secretary to turn over proceeds from surcharges to the National Trust for Historic Preservation to be used to: (1) establish an endowment as a permanent source for Montpelier (home of James Madison and a museum); and (2) fund capital restoration projects at Montpelier.
United States · United States Congress · 18 May 1995
Government Accountability Act of 1995 - Amends the Federal criminal code to make prohibitions against fraud and false statements regarding any matter within the jurisdiction of any U.S. department or agency applicable with respect to any matter under the jurisdiction of the executive, legislative, and judicial branches, or any department or agency thereof.
United States · United States Congress · 18 May 1995
TABLE OF CONTENTS: Title I: Competition Title II: Commercial Items Title III: Additional Reform Provisions Title IV: Streamlining of Dispute Resolution Title V: Effective Dates and Implementation Federal Acquisition Reform Act of 1995 - Title I: Competition - Amends Federal law to require Federal agency heads to obtain a maximum practicable number of competitors when procuring property and services for the armed forces or an executive agency. Revises requirements for the use of other than competitive procedures to allow them only when use of competitive procedures is not feasible or appropriate. (Sec. 101) Mandates the creation of simplified procedures for procurements valued below a certain amount ("simplified acquisition threshold"). Amends OFPPA to revise public notice requirements for all Government contracts valued between $10,000 and $25,000. (Sec. 104) Entitles an excluded offeror, who has submitted a competitive proposal, to request in writing and receive a debriefing about such proposal's merits from the contracting officer prior to award, unless it is not in the Government's best interests to conduct a debriefing at that time. (Sec. 105) Repeals the small business set-aside requirements with respect to the award of architectural and engineering contracts for military construction, family housing project, or other Department of Defense or military department purposes. Subjects such awards to the Brooks Architect-Engineers Act. (Sec. 106) Requires the creation of a contractor verification system of competitive procedures to verify the eligibility of an executive agency's repetitive contractors. Title II: Commercial Items - Amends Federal law with respect to exceptions to the requirement that certain offerors, contractors, and subcontractors submit cost or pricing data. Specifies that such submissions shall not be required for the acquisition of a commercial item (currently, any contract for which the price agreed upon is based on established catalog or market prices of commercial items sold in substantial quantities to the general public). (Sec. 201) Limits the collection of information used to determine the fairness of a price by eliminating the Government's authority to: (1) audit books and records related to cost and pricing; and (2) demand data other than certified cost or pricing data. Repeals the requirement that cost and pricing data be sought from the offeror, contractor, or other sources when competition is not practicable. (Sec. 202) Requires the Federal Acquisition Regulation to provide for special simplified procedures for the purchase of commercial items. (Sec. 204) Repeals the requirement that mandatory cost accounting methods be used in Federal acquisition of commercial goods. Title III: Additional Reform Provisions - Eliminates certain certification requirements for Government suppliers and prohibits future creation of such certification requirements unless: (1) specifically imposed by statute; or (2) approved by the Administrator for Federal Procurement Policy. (Sec. 303) Permits Federal agency testing of alternative and innovative procurement policies for five years. (Sec. 304) Repeals mandatory charges for research, development, and production costs of U.S. defense products in sales abroad. (Sec. 305) Establishes civil and criminal penalties for unauthorized disclosures or acquisitions of bid, proposal, or source selection information regarding a government procurement. Eliminates: (1) anti-bribery provisions; (2) requirements for reports by defense contractors; (3) restrictions on private employment of former Federal employees by private entities to assist in obtaining Government contracts; and (4) criminal penalties for retired military officers who within two years after release from active duty receive compensation for representation in the sale of anything to the United States through the military department in which the officer is retired. (Sec. 306) Eliminates the requirement that the Office of Federal Procurement Policy report to the Congress annually and before the effective date of any policy or regulation. Title IV: Streamlining of Dispute Resolution - Replaces the various executive agency boards of contract appeals with a single United States Board of Contract Appeals ("Board"). Authorizes appropriations. (Sec. 421) Requires the Board to provide voluntary alternative dispute resolution services upon request of all parties in conflict over specific granted or prospective Government contracts for the procurement of commercial and non-commercial property and services. (Sec. 424) Requires the Board, upon the request of an interested party, to review: (1) a decision of an executive agency head that allegedly violates a statute or regulation; and (2) the consistency of such a regulation with applicable statutes. Requires that, unless a contract significantly affects the interests of the United States, the Board suspend an executive agency's authority to award it, or to fulfill a contract already awarded, when the related procurement is to be reviewed by the Board. Limits the parties' discovery and creates a time-frame for certain specified Board procedures. Requires that specified simplified procedures be followed in disputes over contracts valued below $1 million. Requires the dismissal of frivolous protests and, in specified circumstances, the payment of costs by a protesting party. Permits the Board to implement specified corrective actions deemed necessary and appropriate to arrest the violation of a regulation or statute. Permits: (1) the granting of relief authorized by regulation or statute in addition to those specified; (2) the filing of a protest or an action in a specified alternative forum; and (3) appeal of the Board's judgement according to specified procedures. (Sec. 425) Limits the authority of the Boards to contracts for the procurement of commercial items. (Sec. 443) Amends the Contract Disputes Act of 1978 and other Federal law to conform to this Act. Title V: Effective Dates and Implementation - Establishes the effective date of this Act and a schedule for implementing regulations.
United States · United States Congress · 12 May 1995
TABLE OF CONTENTS: Title I: Cancellation and Suspension Title II: Minor Use Crop Protection Act of 1995 Title III: Data Collection Activities to Assure the Health of Infants and Children and Other Measures Title IV: Amendments to the Federal Food, Drug, and Cosmetic Act Food Quality Protection Act of 1995 - Title I: Cancellation and Suspension - Amends provisions of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) relating to cancellations, changes in classifications, or other terms of registration with respect to the authority of the Administrator of the Environmental Protection Agency. Requires that a rulemaking under such provisions be based on a validated test or other significant evidence raising prudent concerns of unreasonable adverse effects to man or to the environment. Denies registration applications that are not in compliance with this Act. Title II: Minor Use Crop Protection Act of 1995 - Minor Use Crop Protection Act of 1995 - Amends FIFRA to define "minor use" as the use of a pesticide on an animal or commercial agricultural crop or site or for public health protection where: (1) the total U.S. acreage for the crop is less than 300,000 acres; or (2) the Administrator determines that the use does not provide sufficient economic incentive to support the initial or continuing registration of a pesticide for such use and there are insufficient alternatives available for the use, the alternatives pose greater environmental or health risks, or the pesticide plays or will play a significant part in managing pest resistance or in an integrated pest management program. Extends the period of exclusive data use for data submitted to support original registration applications for pesticides for an additional year for each three minor uses registered after this Act's enactment and before the expiration of the period of exclusive use, up to a total of three additional years for all minor uses registered by the Administrator if the Administrator determines that: (1) there are insufficient alternatives available for the use or the alternatives pose greater environmental or health risks; or (2) the pesticide plays or will play a significant part in managing pest resistance or in an integrated pest management program. Requires the Administrator, upon the request of a registrant, to extend the deadline for the production of residue chemistry data required solely to support a minor use subject to specified conditions. Applies the same extension conditions to data for reregistrations. Authorizes the Administrator to modify or revoke such extensions if the use may cause unreasonable adverse environmental effects. Permits the Administrator, in handling the registration of a pesticide for a minor use, to waive applicable data requirements if the absence of data will not prevent the Administrator from determining the risk presented by the pesticide and that the risk would not have an adverse environmental effect. Provides for expedited review (within one year of submission) of applications to support minor use pesticide registrations. Sets forth conditions for extensions of registrations for unsupported minor uses. Provides a procedure for meeting data requirements where a registrant has voluntarily cancelled a registration and another application is pending for registration of a pesticide that is for a minor use and is identical or substantially similar to, or for an identical or substantially similar use as, the cancelled pesticide. Directs the Administrator to establish a minor use program. Directs the Secretary of Agriculture to establish a Department of Agriculture minor use program and a separate matching fund program. Requires the matching fund program to be utilized to ensure the continued availability of minor use crop protection chemicals. Authorizes appropriations. Title III: Data Collection Activities to Assure the Health of Infants and Children and Other Measures - Directs the Secretary of Agriculture, in consultation with the Administrator and the Secretary of Health and Human Services, to coordinate the development and implementation of survey procedures to ensure collection of adequate data on food consumption patterns of infants and children. Requires residue surveillance activities of the Department of Agriculture to provide for the improved surveillance of pesticide residues, including increased sampling of foods most likely consumed by infants and children. Directs the Secretary of Agriculture to: (1) collect pesticide use data of statewide or regional significance for all the major crops and crops of dietary significance; and (2) in cooperation with the Administrator, implement research, demonstration, and education programs to support adoption of integrated pest management. Requires Federal agencies to use and promote integrated pest management techniques. Title IV: Amendments to the Federal Food, Drug, and Cosmetic Act - Amends the Federal Food, Drug, and Cosmetic Act (FDCA) to redefine "pesticide chemical," subject to exception, as any substance that is a pesticide, or any active ingredient thereof, within the meaning of FIFRA. Defines "pesticide chemical residue," subject to exception, as a residue in or on a raw agricultural commodity or processed food of a pesticide chemical or any other added substance present as a result of a pesticide chemical's metabolism or other degradation. Deems a processed food not to be adulterated, within the meaning of FDCA, if there are present pesticide chemical residues at tolerance levels not considered unsafe. (Current law treats only raw agricultural commodities in this manner.) Sets forth requirements relating to tolerances and exemptions from tolerances for pesticide chemical residues in food, including residues of degradation products, which allow the presence in processed food at the tolerance applicable to the raw agricultural commodity from which the processed food is made. Prohibits establishment of a tolerance that is more stringent than a level the Administrator determines is adequate to protect the public health (i.e., if the dietary risk posed by such level of residues is negligible). Allows a greater than negligible dietary risk if: (1) use protects from greater adverse health effects to humans or the environment; (2) use avoids greater risks from another pesticide; or (3) the unavailability of the pesticide would reduce the availability of an adequate, wholesome, and economical domestic supply of the food. Prohibits issuance of a final rule that revokes, modifies, or suspends a tolerance or exemption until the Administrator has taken any necessary action under FIFRA with respect to the registration of the pesticide involved. Requires the Administrator, where a pesticide is labeled for use on a particular food, to: (1) revoke any tolerance or exemption that allows the presence of a particular chemical or its residue in or on such food if the Administrator cancels the registration of each pesticide that contains the chemical or modifies it to prohibit the pesticide's use in connection with such food; and (2) suspend any such tolerance or exemption upon the suspension of the use of each pesticide that contains the chemical. Provides for: (1) tolerances for unavoidable residues in the case of a residue of a canceled or suspended pesticide chemical that will unavoidably persist in the environment and be present in or on a food; and (2) residues resulting from an application which was lawful at the time of application but with respect to which the tolerance or exemption has since been revoked, suspended, or modified. Prohibits, subject to exception, a State from enforcing any limit on a qualifying pesticide chemical residue (as defined in this Act) in or on any food which is not identical to Federal requirements. Prohibits a State, absent an unreasonable dietary risk, from enforcing a limit on the level of residues in any food if the sale of such food containing such residue level was lawful at the time of application of the pesticide. Authorizes appropriations for increased monitoring of pesticide residues in imported and domestic food.
United States · United States Congress · 11 May 1995
National Senior Citizens Pet Ownership Protection Act - Amends the Housing and Urban-Rural Recovery Act of 1983 to prohibit owners and managers of federally assisted rental housing from preventing elderly and disabled tenants from owning or having household pets.
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 · 6 April 1995
Morris K. Udall Parkinson's Research, Assistance, and Education Act of 1995 - Amends the Public Health Service Act to mandate a program for the conduct and support of research and training, the dissemination of health information, and other programs regarding Parkinson's disease. Establishes the Interagency Coordinating Committee on Parkinson's Disease. Requires Core Center Grants to encourage the development of innovative multidisciplinary research and provide training concerning Parkinson's, designating each grant recipient as a Morris K. Udall Center for Research on Parkinson's Disease. Authorizes establishment of the National Parkinson's Disease Data System to collect, store, analyze, retrieve, and disseminate data. Establishes: (1) the National Parkinson's Disease Information Clearinghouse; (2) a grant program to support scientists who have distinguished themselves in Parkinson's research; and (3) a national education program to foster a national focus on Parkinson's and the care of those with Parkinson's. Authorizes appropriations.
United States · United States Congress · 6 April 1995
National Capital Area Interest Arbitration Standards Act of 1995 - Provides for the adoption of mandatory standards and procedures governing the actions of arbitrators in the arbitration of labor disputes involving transit agencies operating in the Washington, D.C., metropolitan area.
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 · 4 April 1995
TABLE OF CONTENTS: Title I: Contract Formation Subtitle A: Competition Statutes Subtitle B: Truth in Negotiations Subtitle C: Procurement Protests Subtitle D: Policy, Definitions, and Other Matters Title II: Contract Administration Subtitle A: Contract Payment Subtitle B: Cost Principles Subtitle C: Claims and Disputes Subtitle D: Miscellaneous Title III: Commercial Items Title IV: Simplified Acquisition Threshold Subtitle A: Threshold Defined Subtitle B: Inapplicability of Laws to Acquisitions At or Below the Simplified Acquisition Threshold Subtitle C: Simplified Procedures Subtitle D: Micro-Purchase Procedures Title V: Acquisition Management Subtitle A: Pilot Programs Subtitle B: Miscellaneous Title VI: Other Procurement-Related Matters Subtitle A: Standards of Conduct/Ethics Subtitle B: Additional Amendments Subtitle C: Intellectual Property Title VII: Small Business and Socioeconomic Laws Subtitle A: Small Business Laws Subtitle B: Socioeconomic Laws Title VIII: Defense International Trade Federal Acquisition Improvement Act of 1995 - Title I: Contract Formation - Subtitle A: Competition Statutes - Part I: Armed Services Acquisitions - Subpart A: Competition Requirements - Amends Federal armed services law to revise competition and other contract requirements to provide for delegation of certain authority. (Sec. 1002) Modifies approval levels for contracts. (Sec. 1003) Defines advisory and assistance services. Subpart B: Planning, Solicitation, Evaluation, and Award - Provides that nothing under any Federal law shall be construed to prohibit an agency from adding, deleting, or tailoring evaluation factors or specifications at any time up until the issuance of a request for final offers, when purchasing commercial items. (Sec. 1012) Authorizes contracting officers to limit the competitive range if they make specified determinations. (Sec. 1013) Provides for pre-award debriefings of excluded offerors. (Sec. 1014) Establishes two-phase selection procedures. Subpart C: Kinds of Contracts - Repeals certain fee limitations, as well as specified provisions relating to architectural and engineering services and employment of outside architects and engineers. Revises provisions applicable to contracts for architectural and engineering services and construction design. Part II: Civilian Agency Acquisitions - Subpart A: Competition Requirements - Amends the Federal Property and Administrative Services Act of 1949 (FPASA) to revise competition and other contract requirements to provide for delegation of certain authority. (Sec. 1052) Modifies approval levels for contracts. (Sec. 1053) Defines advisory and assistance services. (Sec. 1054) Allows justification for use of noncompetitive procedures in order to provide for continued occupancy of leased space. Subpart B: Planning, Solicitation, Evaluation, and Award - Provides that nothing under any Federal law shall be construed to prohibit an agency from adding, deleting, or tailoring evaluation factors or specifications at any time up until the issuance of a request for final offers, when purchasing commercial items. (Sec. 1062) Authorizes contracting officers to limit the competitive range if they make specified determinations. (Sec. 1063) Provides for pre-award debriefings of excluded offerors. (Sec. 1064) Establishes two-phase selection procedures. Subpart C: Kinds of Contracts - Repeals certain fee limitations. Part III: Acquisitions Generally - Repeals a Small Business Act provision for duplicative approval authority. Repeals provisions under the Office of Federal Procurement Policy Act for an annual competitive report, a review of regulations for consistency with Federal acquisition regulation, and a biannual report on procurement regulatory activity. Subtitle B: Truth in Negotiations - Part I: Armed Services Acquisitions - Amends Federal armed services law relating to truth in negotiations for armed services acquisitions to revise certain required regulations. Part II: Civilian Agency Acquisitions - Amends FPASA provisions relating to truth in negotiations for civilian agency acquisitions to revise certain required regulations. Revises provisions relating to the status of certain Federal employees' health benefits contracts. Subtitle C: Procurement Protests - Part I: Protests to the Comptroller General - Amends Federal law relating to money and finance to revise requirements that the Comptroller General rule on dispositive motions with respect to protests. (Sec. 1202) Adds provisions relating to frivolous protests. (Sec. 1203) Revises requirements relating to decisions on protests. (Sec. 1204) Prohibits certain awards of costs unless the party has provided the agency a reasonable opportunity to provide relief pursuant to an established administrative procedure for resolution of protests that provides for review by a senior agency official and tolls protest stay periods during pendency of agency review. (Sec. 1205) Provides for availability of funds following resolution of a formal protest or any administrative or judicial challenge. Part II: Protests in the Federal Courts - Amends Federal law relating to the judiciary and judicial procedure to give the U.S. Court of Federal Claims exclusive judicial jurisdiction of federal contract bid protests. Amends Federal law relating to money and finance to declare that specified provisions do not give the Comptroller General exclusive jurisdiction over protests nor affect the right of any interested party to file a protest with the contracting agency or an action in the U.S. Court of Federal Claims. Part III: Protests in Procurement of Automatic Data Processing - Amends FPASA to revise requirements relating to decisions on protests, and to add provisions relating to interlocutory appeals, suspension of procurement pending protest, dispositive motions, and frivolous protests. (Sec. 1436) Prohibits certain awards of costs unless the party has provided the agency a reasonable opportunity to provide relief pursuant to an established administrative procedure for resolution of protests that provides for review by a senior agency official, and tolls protest stay periods during pendency of agency review. Part IV: General - Amends the Office of Federal Procurement Policy Act (OFPPA) to add provisions regarding: (1) protests of procurements made through the Federal acquisition computer network under the simplified acquisition threshold; and (2) offeror statements to refrain from protesting procurements. (Sec. 1443) Expresses the sense of the Congress that executive agencies should consider the establishment of their own administrative remedial procedures for the resolution of protests, and that protest stay periods should be tolled during the pendency of such procedures. Subtitle D: Policy, Definitions, and Other Matters - Amends FPASA to: (1) repeal a multi-year limitation on inspection, maintenance, and repair; (2) authorize the Administrator of the General Services Administration to accept and pay for public utility services under a tariff at the lowest applicable rates, without entering into a contract; and (3) make specified funds available for procurement by contract for services of guards, elevator operators, messengers, and custodians without limitation. Title II: Contract Administration - Subtitle A: Contract Payment - Part I: Armed Services Acquisitions - Amends Federal armed services law to add provisions for vestiture of title with respect to acquisitions. Part II: Civilian Agency Acquisitions - Amends FPASA to add provisions for vestiture of title with respect to acquisitions. Subtitle B: Cost Principles - Part I: Civilian Agency Acquisitions - Amends FPASA to make certain contracts for health benefits for Federal employees covered contracts for purposes of applicability of allowable cost principles. Part II: Acquisitions Generally - Directs the Federal Acquisition Registry to identify those costs incurred with respect to a protest that are unallowable under covered contracts. Subtitle C: Claims and Disputes - Amends Federal law relating to the judiciary and judicial procedures to divest Federal district courts of jurisdiction for Federal contract disputes subject to the Contract Disputes Act of 1978. (Sec. 2252) Amends the Contract Disputes Act of 1978 to reduce from 12 months to 90 days the period for a contractor's filing for an action directly on the claim in the U.S. Court of Federal Claims (in lieu of appealing the contracting officer's decision to an agency board). Subtitle D: Miscellaneous - Amends Federal law relating to money and finance to eliminate specified provisions relating to accounting for advisory and assistance services. Waives cancellation of funding for: (1) satellite on-orbit incentive fees; and (2) Navy and other Government shipbuilding and conversion. Title III: Commercial Items - Amends OFPPA to revise a definition of commercial items. Title IV: Simplified Acquisition Threshold - Subtitle A: Threshold Defined - Amends OFPPA to define simplified acquisition threshold as: (1) $100,000; or (2) $1 million for the acquisition of services, including construction, when the procurement is conducted as a small business set-aside and if supply items are expected to constitute less than 20 percent of the total value of the contract. Subtitle B: Inapplicability of Laws to Acquisitions At or Below the Simplified Acquisition Threshold - Repeals a provision of the Federal Acquisition Streamlining Act of 1994 relating to inapplicability of certain laws (the Miller Act) to acquisitions at or below the simplified acquisition threshold. Subtitle C: Simplified Procedures - Amends OFPPA to: (1) repeal provisions for duplicative authority for simplified acquisition purchases; (2) conform procurement notice posting thresholds; and (3) provide exemptions from a wait period when using a detailed synopsis and from synopsizing requirements. (Sec. 4205) Repeals a duplicative procurement notice provision under the Small Business Act. Subtitle D: Micro-Purchase Procedures - Amends OFPPA to authorize purchases not greater than $2,500 without obtaining competitive quotations if the purchase price is considered reasonable (removing a requirement for contracting officer determination of this). Title V: Acquisition Management - Subtitle A: Pilot Programs - Amends OFPPA to replace provisions for tests of innovative procurement methods and procedures with provisions for acquisition research demonstration projects in the form of agency test programs to determine whether a specified change in acquisition policies or procedures would result in improved Federal acquisition management. Subtitle B: Miscellaneous - Amends the Department of Energy Organization Act to revise certain administrative procedures. Title VI: Other Procurement-Related Matters - Subtitle A: Standards of Conduct/Ethics - Amends OFPPA to repeal specified provisions relating to procurement integrity. Adds provisions relating to penalties and administrative actions for cases of disclosing and obtaining contractor bid or proposal information or source selection information. Subtitle B: Additional Amendments - Amends Federal armed services law with respect to the inapplicability of a prohibition on gratuities. Subtitle C: Intellectual Property - Amends the Stevenson-Wydler Technology Innovation Act of 1980 to revise provisions for cooperative research and development agreements. Adds provisions for Federal agencies to negotiate licensing agreements for copyrights owned by, or voluntarily assigned to, the Government. (Sec. 6101) Adds provisions for Federal agency claims of copyright of certain computer programs. Revises provisions for distribution of royalties received by Federal agencies. (Sec. 6102) Revises employee activities provisions to authorize Federal agencies to allow Government employee authors of computer programs to acquire title to copyright, subject to certain conditions. (Sec. 6103) Amends Federal copyright law to provide an exception to the prohibition on copyright protection for works of the Federal Government. (Sec. 6104) Amends Federal patent law to revise provisions relating to patent rights in inventions made with Federal assistance. Title VII: Small Business and Socioeconomic Laws - Subtitle A: Small Business Laws - Amends the Small Business Act to add provisions relating to direct contracting with certain program participant companies and to small business subcontracting plans, and to revise a reporting requirement on the number of small business subcontract awards. (Sec. 7004) Repeals: (1) the Small Business Competitiveness Demonstration Program Act of 1988; (2) a program for manufacturing contracts through manufacturing application and education centers; and (3) a pilot program for very small business concerns. Subtitle B: Socioeconomic Laws - Repeals the Walsh-Healey Act (relating to public contracts). (Sec. 7102) Amends the Resource Conservation and Recovery Act to: (1) revise provisions relating to biennial reports on Federal procurement; and (2) remove certain provisions relating to requirements for certification and verification. Title VIII: Defense International Trade - Amends Federal law relating to arms export control and foreign military sales authorizations with respect to U.S. companies' competitiveness and the reduction or waiver of certain charges.
United States · United States Congress · 3 April 1995
Makes eligible for the award of the Purple Heart members of the armed forces killed or wounded on or after January 1, 1994, by weapon fire while engaged in a peacekeeping activity.
United States · United States Congress · 29 March 1995
TABLE OF CONTENTS: Title I: Establishment and Organization of Authority Title II: Responsibilities of Authority Subtitle A: Establishment and Enforcement of Financial Plan and Budget for District Government Subtitle B: Issuance of Bonds Subtitle C: Other Duties of Authority Title III: Miscellaneous Provisions District of Columbia Financial Responsibility and Management Assistance Act of 1995 - Title I: Establishment and Organization of Authority - Establishes the District of Columbia Financial Responsibility and Management Assistance Authority as an entity within the District of Columbia government. (Sec. 102) Authorizes Federal employees who become employed by the Authority within two months of separation from Federal service to have their Authority service treated as comparable to Federal service with respect to the Federal retirement system. Makes employees who elect the Federal system ineligible to participate in the District government retirement system. (Sec. 103) Authorizes the Authority, notwithstanding the Freedom of Information Act and the Government in the Sunshine Act, to secure information necessary to carry out this Act from Federal agencies. Permits the Authority to seek judicial enforcement of its authority to carry out its responsibilities under this Act. Makes District employees who violate Authority orders or present or certify false or misleading information guilty of a misdemeanor as well as subject to administrative discipline. (Sec. 104) Exempts the Authority from liability for obligations of or claims against the District resulting from actions taken to carry out this Act. (Sec. 105) Requires actions against the Authority to be brought in the U.S. District Court for the District. Provides for expedited consideration of such actions in the courts involved. (Sec. 106) Requires the Authority to submit a proposed budget for each fiscal year to the President for inclusion in the annual budget for the District. Prohibits any amount from being obligated or expended by the Authority unless such amount has been approved by an Act of the Congress. Directs the Authority, as soon as practicable after the appointment of its members, to submit to the Mayor of the District and the President a request for reprogramming of funds previously appropriated for the District for auditing and consulting services and a description of anticipated Authority expenditures for FY 1995. Requires the Mayor to transfer such funds to the Authority for its activities. (Sec. 107) Suspends the Authority's activities upon the expiration of the 12-month period beginning on the date the Authority certifies that all obligations arising from the issuance by the Authority of bonds, notes, or other obligations have been discharged and all borrowings for short-term advances from the Treasury have been repaid. Reactivates the Authority upon initiation of a control period (as described by section 209) by the Appropriations Committees. (Sec. 108) Applies provisions of specified laws regarding open meetings, freedom of information, and conflict of interest to the Authority. Prohibits the District Mayor and the Council from exercising any control, oversight, or review over the Authority. Amends the District of Columbia Self-Government and Governmental Reorganization Act to bar the Council from enacting any act, resolution, or rule with respect to the Authority. Title II: Responsibilities of Authority - Subtitle A: Establishment and Enforcement of Financial Plan and Budget for District Government - Directs the Mayor, for each fiscal year for which the District government is in a control period, to submit a financial plan and budget for the District to the Authority. Lists requirements for the financial plan and budget, including that they be submitted for the applicable fiscal year and next three fiscal years and that they meet standards to promote the financial stability of the District government. Describes such standards as follows: (1) in the case of the financial plan and budget for FY 1996, the District's expenditures for each fiscal year (beginning with FY 1999) may not exceed the District's revenues for such year; (2) during FY 1996 through 1998, the government shall make substantial progress towards equalizing its expenditures and revenues; (3) the government shall provide for the liquidation of the cumulative fund balance deficit; (4) if funds in government accounts dedicated for specific purposes have been withdrawn for other purposes, the government shall fully restore the funds to such accounts; and (5) the financial plan and budget shall assure the continuing long-term financial stability of the government. Repeals a provision of the District of Columbia Appropriations Act, 1995 that requires the District to place portions of Federal payments in escrow to enforce certain spending reductions. (Sec. 202) Sets forth the process for the submission and approval of the financial plan and budget. Provides for review of the financial plan and budget by the Authority. Authorizes the Mayor to submit proposed revisions to the financial plan and budget for a control year (a year in which a financial plan and budget approved by the Authority is in effect) to the Authority at any time during the year. Makes certain requirements under the District of Columbia Self-Government and Governmental Reorganization Act which bar the approval and submission of an unbalanced budget inapplicable in fiscal years which are control years. Permits the separation of employees in the implementation of a financial plan and budget approved under this Act. (Sec. 203) Requires the Council to submit each Act passed by the Council during a control year, together with an estimate of costs to be incurred by the District during the first four years in which the Act is effective, to the Authority. Directs the Authority to review the Act to determine consistency with the approved financial plan and budget and, if consistent, provides for submission of the Act to the Congress for review. Sets forth review and approval procedures with respect to contracts and leases. Directs the Mayor to submit any requests for the reprogramming of amounts provided in an adopted budget for a control year to the Authority for analysis of effects on the financial plan and budget. Prohibits the Council from carrying out such reprogramming until the Authority has provided such analysis. (Sec. 204) Bars the District from borrowing money during a control year unless the Authority provides prior certification that the borrowing and the repayment of obligations are consistent with the financial plan and budget. Applies this section to any borrowing, including borrowing through the issuance of bonds and the authority to obtain funds from the Treasury. Authorizes the District, without prior Authority approval, to requisition advances from the Treasury during a specified period following appointment of Authority members. Amends the District of Columbia Revenue Act of 1939 to set forth provisions and conditions regarding short-term advances from the Treasury to the District for meeting its general expenditures. Directs the Secretary of the Treasury to require the District to provide security for such advances, including a pledge of specific taxes and revenues and a debt service reserve fund. Sets forth remedies for the District's failure to reimburse the Treasury for advances, including the withholding of annual Federal payments or Federal grants, entitlements, loans, or other payments (other than entitlement or benefit payments to individuals) and the attachment of District revenues. Prohibits the Mayor from requisitioning Treasury advances if the Mayor or the Council has an action pending against the Authority. (Sec. 205) Requires the Secretary, in a control year, to deposit the annual Federal payment to the District into an escrow account held by the Authority which shall allocate funds to the Mayor in accordance with terms appropriate to the implementation of the financial plan. Gives priority to using the payment for cash flow management and the payment of outstanding bills owed by the District. (Sec. 206) Provides for withholding of Federal payments and funding for other Federal programs for the District if the Authority finds that the District's revenues and expenditures during a control year are inconsistent with the financial plan and budget. (Sec. 207) Authorizes the Authority to submit recommendations on actions the District government or the Federal Government may take to ensure compliance with a financial plan and budget or to promote the financial stability, management responsibility, and service delivery efficiency of the District government. Sets forth requirements for the implementation of adopted recommendations. (Sec. 208) Sets forth special procedures for the review and submission of the budget and financial plan for FY 1996. (Sec. 209) Declares that a control period is initiated upon the occurrence of any of the following events: (1) the requisitioning by the Mayor of Treasury advances for the support of the District or the existence of any unreimbursed amounts obtained pursuant to such authority; (2) the failure of the District to provide sufficient revenue to a debt service reserve fund of the Authority; (3) the default by the District with respect to loans, bonds, notes, or other forms of borrowing; (4) the failure of the District to meet its payroll for any pay period; (5) the existence of a cash deficit of the District at the end of any quarter of the fiscal year in excess of the difference between the District's estimated revenues and expenditures during the remainder of the fiscal year or such remainder together with the first six months of the succeeding fiscal year; or (6) the failure of the District to make required payments relating to pensions and benefits for current and former employees or to any entity established under an interstate compact to which the District is a signatory. Terminates a control period upon certification by the Authority that: (1) the District has adequate access to short- and long-term credit markets at reasonable interest rates to meet its borrowing needs; and (2) for four consecutive fiscal years, the District's expenditures did not exceed its revenues. Deems a control period to exist upon this Act's enactment date. Subtitle B: Issuance of Bonds - Authorizes the Authority, at the request of the Mayor pursuant to an act of the Council, to issue bonds, notes, or other obligations to borrow funds to obtain funds for the District's use. Permits the Authority to issue such obligations for the use of District agencies with independent borrowing authority. Provides for the deposit of borrowed funds into an escrow account and requires the Authority to allocate such funds to the District. (Sec. 212) Authorizes the Authority to pledge or grant a security interest in revenues to individuals or entities purchasing bonds, notes, or other obligations issued pursuant to this subtitle. Directs the Authority to require the Mayor to: (1) pledge or direct taxes or other revenues payable to the District to the Authority for purposes of securing repayments of such obligations; and (2) transfer the proceeds of any tax levied for purposes of securing such obligations to the Authority immediately upon collection. (Sec. 213) Requires the Authority to establish a debt service reserve fund as a condition for the issuance of such obligations. Permits amounts in the fund to be used solely for the payment of principal of bonds secured by such fund, the purchase or redemption of bonds, the payment of interest on bonds, or the payment of any redemption premium required to be paid when such bonds and notes are redeemed prior to maturity. Sets forth restrictions on withdrawals and issuance of obligations from the fund to prohibit the fund from falling below a minimum reserve requirement. (Sec. 215) Exempts the United States from liability for the payment of principal or interest on any obligation issued pursuant to this subtitle. Subtitle C: Other Duties of Authority - Lists duties of the Authority beginning on the termination of a control period and ending with the suspension of its activities, including review of District budgets, reporting budget analyses, monitoring and reporting on the District's financial status, and carrying out activities with respect to outstanding obligations. Requires the Mayor to submit budgets for fiscal years which are not control years to the President and the Authority. (Sec. 222) Permits the Authority to undertake cooperative efforts to assist the District government in achieving financial stability and management efficiency. Sets forth miscellaneous reporting requirements. Title III: Miscellaneous Provisions - Includes within the definition of "District revenues" under the District of Columbia Self-Government and Governmental Reorganization Act grants and other financial assistance and any funds administered by the District under cost sharing arrangements. Prohibits reprogramming of amounts in an adopted budget unless the Mayor requests reprogramming from the Council and additional expenditures provided under the request are offset by reductions in expenditures for another activity. Extends the authorization of appropriations for the annual Federal payment to the District through FY 1999. (Sec. 302) Establishes within the executive branch of the District government an Office of the Chief Financial Officer of the District of Columbia. Includes the Office of the Treasurer within the Office. Transfers the functions and personnel of the District Controller, Office of the Budget, Office of Financial Information Services, and Department of Finance and Revenue to the Office. Sets forth duties of the Chief Financial Officer and the Treasurer. Repeals provisions that establish the Office of Financial Management and list the duties of the Treasurer. (Sec. 303) Amends the District of Columbia Procurement Practices Act of 1985 to revise provisions regarding the appointment and duties of the District Inspector General, including to extend the term of office to six years. (Sec. 304) Bars the making of any contract involving expenditures exceeding $1 million in a 12-month period unless the contract is approved by the Council.
United States · United States Congress · 28 March 1995
Tuition Account Assistance Act of 1995 - Amends the Internal Revenue Code to exclude from gross income amounts received by reason of education furnished pursuant to a qualified State prepaid tuition program (under which credits for tuition for the undergraduate education of a designated beneficiary may be purchased) or earnings on amounts paid to such a program.
United States · United States Congress · 28 March 1995
Comprehensive Wetlands Conservation and Management Act of 1995 - Amends the Federal Water Pollution Control Act to prohibit, unless such activity is undertaken pursuant to a permit issued by the Secretary of the Army: (1) the discharge of dredged or fill material into U.S. waters, including wetlands at a specific disposal site; or (2) the draining, channelization, or excavation of wetlands. Requires the Secretary, upon receiving permit applications, to: (1) classify as Type A wetlands that are of critical significance to the long-term conservation of the aquatic environment and meet other specified requirements; (2) classify as Type B wetlands wetlands that provide habitat for a significant population of wildlife or provide other significant wetlands functions; and (3) classify as Type C wetlands wetlands that serve marginal functions but exist in such abundance that regulation of activities is not necessary to conserve wetlands functions or are lands that do not serve significant wetlands functions. Authorizes persons with ownership interests in property to request the Secretary to make determinations as to whether the property contains U.S. waters or is a wetland. Subjects such determinations to judicial review. Directs the Federal Government to compensate a property owner whose use of the property has been limited by an agency action under this Act that diminishes the fair market value of the property by at least 20 percent. Requires the compensation to equal the diminution in value resulting from such action. Directs the Federal Government, at the owner's option, to buy the portion of property for fair market value if the diminution in value is greater than 50 percent. Prohibits compensation with respect to agency actions: (1) the primary purpose of which is to prevent a public health or safety hazard or damage to specific property other than the property whose use is limited; or (2) pursuant to the Federal navigation servitude except as such servitude applies to wetlands. Sets forth procedures for owners seeking compensation and notice requirements for agencies taking actions to limit the use of private property. Applies compensation provisions only to surface interests or water rights, with specified exceptions for oil, gas, or mineral interests beneath or adjacent to Type A or B wetlands. Requires the Secretary to determine whether to issue a permit for an activity in Type A wetlands based on a sequential analysis that seeks to avoid or minimize adverse actions on wetlands and compensate for losses of functions that cannot be avoided or minimized. Authorizes mitigation requirements when appropriate to prevent loss or degradation of Type A wetlands. Permits the Secretary to issue a permit for activities in Type B wetlands if the issuance of the permit is in the public interest, balancing the foreseeable benefits and detriments resulting from the permit. Imposes requirements for mitigation when such activities result in permanent wetland loss or degradation. Directs the Secretary to issue regulations for the establishment and oversight of mitigation banks for wetlands. Requires the Secretary, at the option of the permit applicant, to issue permits authorizing activities in Type A and B wetlands in States with substantial conserved wetlands areas subject to the following requirements. Permits the Secretary to include conditions for minimization of adverse impacts when economically practicable. Prohibits any requirements for mitigation to compensate for adverse impacts in such permits. Directs the Secretary, upon application by owners of economic base lands in a State with substantial conserved wetlands, to issue individual and general permits for activities in waters or wetlands. Reduces requirements to allow such lands to be beneficially used to sustain economic activity and to reflect the social and economic needs of Alaska Natives to utilize such lands. Exempts specified activities from this Act's requirements. Prohibits more than 20 percent of any county, parish, or borough from being classified as Type A wetlands. Requires wetlands located on agricultural lands and associated non-agricultural lands to be delineated by the Secretary of Agriculture in accordance with the Food Security Act of 1985. Exempts from the requirements of this Act agricultural lands that are exempt from the requirements of the Food Security Act of 1985. Requires the Secretary and the Secretary of Agriculture to undertake a project to identify and classify U.S. wetlands. Directs the Secretary to establish procedures pursuant to which: (1) landowners may appeal determinations of regulatory jurisdiction over a parcel of property, wetlands classifications with respect to property, or determinations that an activity does not qualify under a general permit; (2) any person may appeal a determination that a proposed activity is not exempt (non-exempt activities require permits); (3) permit applicants may appeal determinations to deny issuance of a permit or to impose a requirement under the permit; and (4) landowners or others required to restore or alter property may appeal an order to do so. Provides that persons who have filed appeals shall not be required to pay penalties or perform mitigation or restoration until the appeal has been decided. Authorizes civil actions and prescribes penalties for permit violations. Authorizes States to administer permit programs for activities covered by this Act, subject to the Secretary's approval. Deems specified activities associated with cranberry production operations to be in compliance with provisions regarding effluent limitations, subject to certain conditions. Directs the Secretary, in implementing responsibilities under the regulatory program, to balance the objective of conserving functioning wetlands with the objectives of ensuring continued economic growth, providing essential infrastructure, maintaining strong State and local tax bases, and protecting against the diminishment and value of private property. Requires the Secretary and the heads of Federal agencies to seek to minimize the effects of the regulatory program on the use and value of private property. Directs the Secretary to develop procedures for facilitating actions necessary to respond to emergency conditions under this Act which may involve loss of life or property damage. Provides that no U.S. waters or wetlands shall be subject to this Act based solely on the fact that migratory birds use or could use the waters or wetlands. Provides for reevaluation of determinations of regulatory jurisdiction or permit conditions imposed before this Act's enactment upon the request of a permit holder. Authorizes modification or suspension of permits, as appropriate. Bars compensation to persons as a result of such reevaluation and continues activities in Type A wetlands without permit modification.
United States · United States Congress · 28 March 1995
Requests the President to award posthumously the Congressional Medal of Honor to Brevet Brigadier General Strong Vincent for his actions in the defense of Little Round Top at the Battle of Gettysburg on July 2, 1863.
United States · United States Congress · 23 March 1995
Amends Federal transportation law to require the Secretary of Transportation to issue regulations requiring the use of child safety restraint systems on commercial aircraft. Expresses the sense of the Congress that the U.S. representative to the International Civil Aviation Organization should seek an international standard to require that airline passengers be restrained on takeoff and landing and when directed by the captain of such aircraft.
United States · United States Congress · 22 March 1995
Capital Budget Commission Act of 1995 - Establishes the Capital Budget Commission to study and report to the Congress on capital budgeting, including an evaluation of what should be included in a capital budget for the Federal Government. Requires the Commission to: (1) focus on growth-sustaining investments; and (2) establish a process encouraging long-term investment. Authorizes appropriations.
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 · 21 March 1995
Expresses the sense of the Congress that: (1) if Department of Defense (DOD) commissary and exchange systems are reduced or eliminated, derived funds should be used to increase other forms of compensation for current and retired military personnel in order to offset the decrease in indirect pay for such personnel; and (2) if exchange stores are reduced, eliminated, or privatized, funds should be provided to DOD to upgrade and avoid the erosion of morale, welfare, and recreation activities and other facilities provided to current and retired military personnel and their dependents.
United States · United States Congress · 15 March 1995
Amends the Solid Waste Disposal Act (SWDA) to authorize State Governors to impose limitations or prohibitions on the receipt of out- of-State municipal solid waste by landfills or incinerators. Permits a political subdivision: (1) notwithstanding such limitation or prohibition, to permit incinerators or landfills located in the subdivision to receive such waste; and (2) in the absence of such a limitation or prohibition, to impose a limitation or prohibition on the receipt of such waste by incinerators or landfills in the subdivision. Exempts the following from this Act's authorities: (1) solid waste identified as a hazardous waste under the SWDA; (2) solid waste resulting from a response action under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) or under a State law comparable to CERCLA or from a corrective action under the SWDA; (3) recyclable materials that have been separated from waste destined for disposal; (4) materials and products returned from a dispenser or distributor to the manufacturer for credit, evaluation, and possible reuse; (5) specified solid waste that is generated by an industrial facility and is transported to a facility affiliated with the generator for purposes of treatment, storage, or disposal; and (6) medical waste that is not mixed with other solid waste.
United States · United States Congress · 14 March 1995
Capital Budgeting Act of 1995 - Amends Federal law to require that the budget the President submits to the Congress be a unified budget comprising an operating budget and a capital budget, each presented separately for unified, general, trust, and enterprise funds. Restricts the capital budget to the major activities and programs supporting the acquisition, construction, alteration, and rehabilitation of capital assets and includes all other items in the operating budget. Requires the President to present certain additional information, including the capital investments by State and local governments not financed by the Federal Government. Requires the House Committee on the Budget to submit legislation to establish additional deficit targets under the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act) beginning in FY 1996 which would require the eventual elimination of deficits in the operating account. Requires the House Committee on Government Reform and Oversight to report legislation directing the Comptroller General to evaluate the value and usefulness of: (1) capital investments in the capital account on an annual basis; and (2) proposed capital investments submitted to the House after enactment of this Act. Requires the House Committee on Rules to report legislation establishing rules to facilitate the enforcement of amendments made by this Act. Amends the Public Works and Economic Development Act of 1965 to require reports to specified congressional committees on the actual, estimated, and proposed appropriations, receipts, and expenditures for capital and operating activities associated with certain transportation, water, and public buildings projects.
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 · 28 February 1995
Amends part B (Supplemental Medical Insurance) of title XVIII (Medicare) of the Social Security Act to include within Medicare coverage the use of blood-testing strips for individuals with Type I or II diabetes. Requires such strips to be included within a payment methodology covering inexpensive and routinely purchased equipment.
United States · United States Congress · 24 February 1995
Federal Acquisition Reform Act of 1995 - Amends the Office of Federal Procurement Policy Act (OFPPA) to revise procurement integrity provisions, replacing them with specified restrictions on disclosing and obtaining contractor bid or proposal information or source selection information. Repeals specified armed forces procurement provisions, post-employment restrictions and reporting requirements with respect to retired military officers and defense contractors, and OFPPA procedures applicable to purchases below micro-purchase threshold. Amends the Arms Export Control Act to repeal provisions relating to research, development, and production costs.
United States · United States Congress · 23 February 1995
Ricky Ray Hemophilia Relief Fund Act of 1995 - Establishes in the U.S. Treasury the Ricky Ray Hemophilia Relief Fund. Authorizes appropriations. Specifies that any individual who submits to the Attorney General written medical documentation that the individual has a human immunodeficiency virus (HIV) infection shall receive $125,000 from amounts available in the Fund if the individual: (1) has a blood-clotting disorder and was treated with blood-clotting agents between January 1, 1980, and December 31, 1987; (2) is the lawful spouse of such individual or the former lawful spouse and was the lawful spouse of the individual at any time after a date within such period on which the individual was treated; or (3) acquired the HIV infection through perinatal transmission from a parent who is such an individual. Requires that a claim for payment be filed with the Attorney General by or on behalf of such individual and that the Attorney General determine that the claim meets the requirements of this Act. Specifies that a claim under this Act shall not be assignable or transferable. Sets limits regarding the number of claims per victim. Prohibits the Attorney General from paying claims filed under this Act unless filed within three years after this Act's enactment.
United States · United States Congress · 23 February 1995
Amends the Nuclear Waste Policy Act of 1982 to revise and rename it the Integrated Spent Nuclear Fuel Management Act of 1995. (Sec. 1) Instructs the Secretary of Energy (the Secretary) to accept spent nuclear fuel and high-level radioactive waste by not later than January 31, 1998. Entitles contract holders to specified remedies for the Secretary's failure to meet service contract obligations, or to accept spent nuclear fuel and high-level radioactive waste as mandated under this Act. States that the Nuclear Waste Fund shall fund the execution of service contract and implementation of the Secretary's responsibilities, including the acceptance of spent nuclear fuel and high-level radioactive waste at contract holder sites and transporting such fuel or waste to a private storage facility. Establishes an integrated spent nuclear fuel management system for spent nuclear fuel and high-level radioactive waste, including its storage, transportation, and disposal. Prescribes procedural guidelines for the use of: (1) railroads; (2) transportation planning and requirements; (3) multi-purpose canister systems; (4) interim storage facilities; (5) permanent disposal; (6) land withdrawal; and (7) private storage facilities. Prescribes consultation and assistance guidelines between the Secretary and the State of Nevada. Prescribes budget priorities for purposes of annual requests for appropriations from the Waste Fund. Prescribes a fee schedule for electricity and nuclear fuel used to generate electricity in a civilian nuclear power reactor. Sets forth advance contract prerequisites for utilization or production facility license renewals. Reestablishes the Nuclear Waste Fund and the Office of Civilian Radioactive Waste Management. Directs the Secretary to: (1) establish by rule the appropriate portion of the costs of managing high-level radioactive waste and spent nuclear fuel allocable to the interim storage or permanent disposal of high-level radioactive waste and spent nuclear fuel from atomic energy defense activities; and (2) advise the Congress annually of the amount of high-level radioactive waste and spent nuclear fuel from atomic energy defense activities requiring management in the integrated spent nuclear fuel management system. Subjects the Secretary to all Federal, State, and local environmental or land use laws and regulations, with specified exceptions. Grants the U.S. courts of appeals original and exclusive jurisdiction over civil actions under this Act. Provides that upon a contract holder's request, the Secretary shall take title to or possession of spent nuclear fuel or high-level radioactive waste without removing it from the contract holder's designated storage site if the Secretary cannot accept such items within the contract's acceptance schedule. Requires the NRC to promulgate regulatory guidelines for: (1) financial assurances for low-level radioactive waste site closures; and (2) training and qualification of civilian nuclear powerplant personnel. Reestablishes the Nuclear Waste Technical Review Board. Authorizes appropriations. Directs the Secretary to take action as necessary to improve the management of the civilian radioactive waste management program to ensure that it is operated to the maximum extent like a private business. States that the program is not subject to civil service regulations. Abolishes the Interim Storage Fund, the Monitored Retrievable Storage Commission, the Office of Subseabed Disposal Research, and the Office of Nuclear Waste Negotiator. Repeals all references to the Yucca Mountain site. Requires the Secretary to report to the Congress whether particular milestones have been reached with respect to: (1) multi-purpose canister systems; (2) land withdrawals; (3) interim storage facilities; and (4) acceptance of spent nuclear fuel from contract holders. Directs the Secretary to: (1) create a value engineering function within the Office of Civilian Radioactive Waste Management; and (2) employ on an on-going basis, integrated performance modeling regarding site characterization. (Sec. 2) Sets forth transition provisions for the continuation of: (1) contracts; (2) Nuclear Waste Fund; (3) Office of Civilian Radioactive Waste Management; and (4) Nuclear Waste Technical Review Board. (Sec. 3) Mandates that amounts in the Nuclear Waste Fund be appropriated exclusively for certain authorized purposes cited in the Nuclear Waste Policy Act of 1982. Precludes such appropriations from being taken into account for any budget enforcement procedures under the Balanced Budget and Emergency Deficit Control Act of 1985. Amends such Act to provide that appropriations to the Nuclear Waste Fund are not subject to its discretionary spending limits or to a certain allocation of the Energy and Waster Development Subcommittee of the Appropriations Committee. Reduces specified discretionary spending limits under the Congressional Budget Act of 1974.
United States · United States Congress · 15 February 1995
TABLE OF CONTENTS: Title I: Research and Related Programs Title II: Construction Grants Title III: Standards and Enforcement Title IV: Permits and Licenses Title V: General Provisions Title VI: State Water Pollution Control Revolving Funds Title VII: Miscellaneous Provisions Title VIII: Wetlands Conservation and Management Clean Water Amendments of 1995 - Title I: Research and Related Programs - Amends the Federal Water Pollution Control Act (the Clean Water Act or CWA) to add national goal and policy provisions with respect to water quality programs. Directs the Administrator of the Environmental Protection Agency (EPA) to assess and document alternative regulatory approaches for protecting water quality and to develop regulations and guidance based upon the best obtainable information, including risk reduction benefits achievable by alternatives. (Sec. 102) Authorizes appropriations through FY 2000 for grants to States and interstate agencies for assistance in administering pollution control programs. Title II: Construction Grants - Removes limitations on the use of grants for the construction of publicly owned treatment works and authorizes the use of such grants for purposes for which grants may be made under nonpoint source management and groundwater quality programs. (Sec. 201) Requires grant applicants to demonstrate, along with other existing requirements, that wastewater reduction and other water use efficiency options have been studied and evaluated and, if cost-effective, implemented. (Sec. 202) Authorizes the Administrator to negotiate an annual budget with a State for purposes of administering a closeout of the State's construction grants program. (Sec. 205) Requires value engineering reviews to be conducted for any treatment works construction projected in excess of $25 million (currently, $10 million). Title III: Standards and Enforcement - Revises provisions concerning the use of innovative technology to comply with effluent reduction requirements to authorize the Administrator, if a facility achieves reductions with an innovative system that has the potential for reducing the release of pollutants to other media, to extend the date of compliance for such facility for up to three (currently, two) years if the system has industry-wide application potential. (Sec. 301) Prohibits discharges from, or affected by, remining operations from exceeding State water quality standards except where monitoring demonstrates that the receiving waters do not meet such standards prior to commencement of remining and where the water quality of the receiving stream is projected to be improved by remining. (Current law provides no exception.) (Sec. 302) Directs the Administrator to publish guidance for States on the development and adoption of water quality standards applicable to navigable waters that contain little or no water during low flow periods. Allows city, county, or local government employees or officials to be members of boards that approve discharge permit applications notwithstanding a prohibition on membership for persons who have received a significant portion of income from permit holders or applicants. (Sec. 303) Directs the Administrator or the Secretary responsible for a regulatory requirement, in developing standards, effluent limitations, or other regulatory requirements (other than permit or procedural requirements), to perform risk assessments consistent with guidelines issued by the Administrator. Requires such assessments to be performed in conjunction with any proposed regulation. Prohibits the issuance of any regulatory requirement or guidance where the social, environmental, and economic benefits are not reasonably related to anticipated costs. Provides that such guidelines shall require: (1) use of all relevant and available scientific data and information; (2) identification and discussion of assumptions and models used in the risk assessment as well as alternatives and sensitivity of results to such assumptions and models; (3) a quantitative estimate of the uncertainty inherent in the risk assessment; (4) a comparison of the risk with other risks to human health or the environment; (5) an estimate of the incremental risk avoided by the standard, effluent limitation, or requirement and the anticipated social, environmental, and economic benefits; and (6) an estimate of the social, environmental, and economic costs of complying with the standard, limitation, or requirement. Exempts standards, effluent limitations, or other regulatory requirements that are issued in final form within one year of this Act's enactment date from risk assessment requirements. (Sec. 304) Requires effluent standards for toxic pollutants to take into account the bioaccumulation potential of, and magnitude and risk of exposure to, a pollutant. Directs State Governors or water pollution control agencies to hold public hearings for purposes of reviewing, modifying, or adopting water quality standards at least once every five (currently, three years). Authorizes the Administrator to develop and issue guidance that States may use in: (1) issuing fish consumption advisories and scientific protocols for testing contamination levels of fish; (2) developing a monitoring program for contaminants in fish and shellfish; and (3) monitoring water quality at beaches and issuing health advisories with respect to beaches. (Sec. 305) Permits (currently, requires) a State to be joined as a party to a civil action brought by the United States under the CWA against a municipality located in such State. (Sec. 306) Revises provisions regarding water pollution control at Federal facilities to waive the sovereign immunity of the United States with respect to any requirement, administrative authority, or sanctions that may be imposed for violations. Provides that Federal employees may be subject to criminal sanctions, but exempts Federal agencies from such sanctions. Authorizes the Administrator to commence administrative enforcement actions against Federal agencies under this Act. Includes Federal agencies in the definition of "person." (Sec. 307) Authorizes appropriations for FY 1996 through 2000 for the clean lakes program. (Sec. 308) Revises the required elements of nonpoint source management programs and includes within such programs: (1) a schedule containing interim goals and milestones for making reasonable progress toward the attainment of standards; (2) a description of monitoring or assessment of program effectiveness; and (3) an identification of activities on Federal lands that are inconsistent with such programs. Grants States six (currently, three) months to submit revised programs in cases where modifications are required for approval. Requires the Administrator to prepare nonpoint source management programs for States that fail to do so or whose plans are not approved. Authorizes (currently, requires) the Administrator to make grants to States for preparing and implementing such management programs and preparing assessment reports. Increases the maximum Federal share of the cost of such programs to 75 (currently, 60) percent of the cost incurred by a State in preparing and implementing such reports and programs. Directs the Administrator to establish maximum and minimum grants for any fiscal year to promote equity between States and effective nonpoint source management. Sets forth limitations on the use of such grants. Requires the Administrator to study and report to the Congress on whether the allocation of funds for such grants reflects the costs of nonpoint source control measures for different nonpoint source categories and on options for better reflecting such costs in the allotment of funds. Increases the maximum amount of Federal assistance for grants to States for groundwater quality protection. Extends the authorization of appropriations for grants for assessment reports, nonpoint source management programs, and groundwater protection programs through FY 2000. Directs the Administrator to publish guidance to identify model management practices and measures which may be undertaken under such management programs. Requires compliance deadlines for nonpoint source management requirements to be postponed for one year for each fiscal year for which amounts appropriated to carry out grant programs for nonpoint source pollution and groundwater quality are less than the total amounts authorized to be appropriated. (Sec. 310) Authorizes States to submit watershed management programs to the Administrator for approval. Sets forth minimum requirements for such programs and lists activities that are eligible for assistance under the CWA. Permits States to adopt watershed management plans to be effective for up to ten years and to include planning and implementation schedules with milestones. Authorizes the issuance of pollutant discharge permits with limitations that do not meet applicable water quality standards if: (1) the receiving water is in a watershed with an approved plan; (2) the plan includes enforceable requirements under a State or local law for nonpoint source pollutant load reductions that will meet applicable water quality standards before the plan's expiration date; and (3) the point source does not have a history of significant noncompliance with its effluent limitations under a permit. Sets forth provisions regarding permit terms. Provides that if a State with an approved watershed management program makes a showing satisfactory to the Administrator that the State watershed and nonpoint source management programs will provide for the protection of coastal waters generally and contain other specified elements, such watershed program shall be deemed to be in compliance with the CWA and the Coastal Zone Act Reauthorization Amendments of 1990. Authorizes the Administrator to provide multipurpose grants to States with approved watershed management programs. Permits point source dischargers, as part of an approved watershed management program, to offset the impact of a pollutant discharge by entering into arrangements, including the payment of funds, for the implementation of source controls by another discharger through a pollution reduction credits trading program so long as safeguards are included to ensure compliance with technology based controls and to protect the quality of receiving waters. Directs the Administrator to allocate sums to carry out pollution reduction credits trading programs in selected areas of the country. Title IV: Permits and Licenses - Provides that, for purposes of provisions regarding pollutant discharge permits, waste treatment systems, including retention ponds or lagoons used to meet CWA requirements for concentrated animal feeding operations, are not waters of the United States. Authorizes an existing concentrated animal feeding operation that uses a natural topographic impoundment or structure, which is not hydrologically connected to any other U.S. waters, to continue to use the natural topographic feature for waste storage regardless of its size, capacity, or previous use. (Sec. 402) Revises stormwater discharge permitting provisions. Lists discharges composed entirely of stormwater for which permits are required under this section. Makes other such discharges subject to requirements for nonpoint source management programs. Establishes additional requirements for permits for municipal separate storm sewer systems, including that they: (1) require reasonable progress toward attainment of water quality standards; and (2) have additional requirements for the implementation of cost-effective controls for the control of discharges to attain or maintain such standards if they are renewed after this Act's enactment. Directs the Administrator to issue a consolidated permit for discharges from a storm sewer system owned by a municipality and the stormwater discharges from industrial sources owned by the same municipality. Authorizes the issuance of general or group permits for any discharges, other than those from municipal separate storm sewer systems, if the discharges are similar in nature and application of similar management measures will reduce pollution occurring from such discharges or if the Administrator finds that the issuance of general permits is appropriate. Prohibits the Administrator from requiring, as a permit condition for a discharge from a municipal separate storm sewer system, compliance with a numeric effluent limitation or an applicable water quality standard before December 31, 2009, except to implement management measures under regulations for municipal separate storm sewer systems. Sets forth requirements for regulations regarding permit application requirements for industrial and specified municipal stormwater discharges. Authorizes the Administrator to make grants to operators of municipal storm sewer systems for which permits are required for projects for the assessment of cost-effective controls. Extends compliance deadlines with respect to numeric effluent limitations or water quality standards required for specified municipal separate storm sewer systems if such grants total less than $20 million in any fiscal year. (Sec. 403) Requires each permit issued for a discharge from a combined storm and sanitary sewer to conform with the combined sewer overflow control policy signed by the Administrator on April 11, 1994. Authorizes the Administrator, notwithstanding specified compliance schedules and permit limitations, to issue a permit for discharges from such sewers that includes a schedule for compliance with a long-term control plan for a term of up to 15 years. Provides for extensions of such term, as appropriate. Modifies any consent decree or court order issued before this Act's enactment date by a district court that establishes any deadlines or timetables for the construction of treatment works for control of discharges from a municipal combined sewer system to make deadlines or timetables conform with this section's requirements. (Sec. 404) Requires the discharge permit program to provide that an owner or operator of a point source subject to a permit will not be required to remove or reduce the level of pollutants in a discharge if such pollutants are present in or caused by the intake waters for such source. (Sec. 405) Requires the Administrator to issue guidance on the beneficial use of sewage sludge. Title V: General Provisions - Directs the Administrator to involve State, tribal, and local governments in EPA decisionmaking, priority setting, policy and guidance development, and implementation under the CWA. (Sec. 502) Requires the President or head of any agency, in promulgating rules or establishing interpretations, guidelines, standards, or criteria for oil and grease under the CWA or the Oil Pollution Act of 1990, to: (1) differentiate animal fats and vegetable oils from other oils, including petroleum-based oils; and (2) consider differences in the physical, chemical, biological, or other properties and environmental effects of animal fats and vegetable oils from those other oils. (Sec. 503) Requires a CWA cost and needs estimate to be submitted quadrennially (currently, biennially) to the Congress. (Sec. 504) Reauthorizes the CWA through FY 2000. (Sec. 505) Directs the Administrator, prior to issuing any proposed or final regulation or other requirement pursuant to the CWA, to conduct: (1) an analysis of the direct and indirect costs for State and local governments to comply with the requirement in the five-year period following implementation; (2) an estimate of the amounts that will be authorized for providing Federal financial assistance for implementation of and compliance with the requirement for such period; (3) an estimate of the amounts that will be appropriated for such assistance for such period based on funding levels adopted as part of a concurrent resolution setting forth the congressional budget; (4) an assessment of the availability of other sources of funding for State and local governments to comply with such requirement; (5) an estimate of the amounts that will be authorized and appropriated for providing Federal assistance for the requirement for the fiscal year during which the requirement is to be implemented and the two preceding fiscal years; and (6) a certification that the amounts that will be appropriated exceed 90 percent of the costs for State and local governments to comply with the requirement. Requires the Administrator, if such certification is not made, to transmit to specified congressional committees a report explaining the reasons for not making such certification and the likely impacts of not adequately funding State and local governmental efforts to comply with the requirement. Title VI: State Water Pollution Control Revolving Funds - Authorizes State revolving funds (SRFs) to be used for water use efficiency measures whose principal purpose is improving or protecting water quality. (Sec. 602) Requires the Administrator to establish simplified procedures for small systems to obtain assistance from SRFs. (Sec. 603) Provides for an extended repayment period for loans made from SRFs to disadvantaged communities. Authorizes negative interest rates for such loans. Permits SRFs to be used to provide technical, planning, and other specified assistance to small systems. (Sec. 604) Authorizes and allocates appropriations for the SRF program through FY 2000. Title VII: Miscellaneous Provisions - Requires the Administrator to study and report to the Congress on future funding options for financing infrastructure projects under the CWA. Authorizes appropriations. Title VIII: Wetlands Conservation and Management - Comprehensive Wetlands Conservation and Management Act of 1995 - Prohibits, unless such activity is undertaken pursuant to a permit issued by the Secretary of the Army: (1) the discharge of dredged or fill material into U.S. waters; or (2) the draining, channelization, or excavation of wetlands. (Sec. 803) Requires the Secretary, upon receiving permit applications, to: (1) classify as Type A wetlands wetlands that are of critical significance to the long-term conservation of an ecosystem; (2) classify as Type B wetlands wetlands that provide habitat for a significant population of wildlife or provide other significant wetlands functions; and (3) classify as Type C wetlands wetlands that serve marginal functions but exist in such abundance that regulation of activities is not necessary to conserve wetlands values and functions, or are lands that do not serve significant wetlands functions. Permits owners of interests in Type A wetlands to seek compensation for the fair market value of such lands. Provides that title for such lands shall pass to the United States upon acceptance of an offer for compensation. Requires the Secretary to deny a permit authorizing activities in Type A wetlands unless: (1) such activities can be undertaken with minimal alteration or disturbance; (2) there are public interest concerns that require use of the lands for purposes other than conservation; or (3) the proposed use of the land will result in overall environmental benefits. Authorizes the Secretary to issue a permit for activities in Type B wetlands subject to conditions that ensure that the wetland ecosystem does not suffer loss or degradation. Imposes requirements for mitigation when such activities result in permanent wetland loss or degradation. Directs the Secretary to establish a mitigation banking program in each State to ensure compensation for loss and degradation of wetlands. Requires the primary objective of such programs to be to provide for the restoration, enhancement, or creation of ecologically significant wetlands on an ecosystem basis. Exempts specified activities from this Act's requirements. Prohibits more than 20 percent of any county, parish, or borough from being classified as Type A wetlands. Requires wetlands located on agricultural and associated nonagricultural lands to be delineated by the Secretary of Agriculture in accordance with the Food Security Act of 1985. Requires the Director of the U.S. Fish and Wildlife Service to undertake a project to identify and classify U.S. wetlands. Directs the Secretary to establish procedures pursuant to which: (1) landowners may appeal determinations of regulatory jurisdiction over a parcel of property, wetlands classifications with respect to property, or determinations that an activity is not regulated under a general permit; (2) any person may appeal a determination that a proposed activity is not exempt (non-exempt activities require permits); (3) permit applicants may appeal determinations to deny issuance of a permit or to impose a requirement under the permit; and (4) landowners or others required to restore or alter property may appeal an order to do so. Provides that persons who have filed appeals shall not be required to pay penalties or perform mitigation or restoration until the appeal has been decided. Authorizes civil actions and prescribes penalties for permit violations. Authorizes States to administer permit programs for activities covered by this Act, subject to the Secretary's approval. Directs the Secretary, in implementing responsibilities under the regulatory program, to balance the objective of conserving functioning wetlands with the objectives of ensuring continued economic growth, providing essential infrastructure, maintaining strong State and local tax bases, and protecting against the diminishment and value of private property. Requires the Secretary and the heads of Federal agencies to seek to minimize the effects of the regulatory program on the use and value of private property.
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 · 15 February 1995
Amends Federal transportation law to authorize foreign persons to purchase more than a specified percentage of the voting interests of a U.S. air carrier under certain conditions, including continued minimum 51 percent ownership or control of the voting interests, and continued predominant management of the corporation or association, by U.S. citizens.
United States · United States Congress · 13 February 1995
Volunteer Protection Act of 1995 - Prescribes circumstances under which volunteers working for nonprofit organizations or government entities shall be immune from personal financial liability for acts on behalf of the organization or entity. Sets forth exceptions and conditions that a State may impose on the granting of such immunity. Requires the Secretary of Health and Human Services to increase by one percent the fiscal year allotment which would otherwise be made to a State to carry out the Social Services Block Grant Program under title XX of the Social Security Act if such State has, within two years, certified to the Secretary that it has enacted a State law which provides such immunity. Provides for the continuation of such increase based on an annual recertification.
United States · United States Congress · 10 February 1995
Directs the Secretary of the Navy to provide for the retroactive award of the Navy Combat Ribbon with respect to participation in ground or surface combat during any period after July 4, 1943, and before March 1, 1961.
United States · United States Congress · 7 February 1995
Truth in Budgeting Act - Prohibits the receipts and disbursements of the Highway Trust Fund, the Airport and Airway Trust Fund, the Inland Waterways Trust Fund, and the Harbor Maintenance Trust Fund from being included in either the Federal budget as submitted by the President or in the congressional budget. Exempts such trust funds from any general statutory budget limitation. (Sec. 3) Amends Federal transportation law to require the Secretary of Transportation to estimate annually what, but for this Act, would be at the close of the next fiscal year: (1) the amount of unfunded aviation authorizations; and (2) the net aviation receipts. Requires the Secretary to: (1) determine the amount by which unfunded aviation authorizations does or does not exceed net aviation receipts; and (2) make appropriate adjustments to amounts authorized to be appropriated and the amounts available for obligation from the Airport and Airway Trust Fund based on the difference. (Sec. 4) Sets forth similar provisions with respect to the Inland Waterways and the Harbor Maintenance Trust Funds.
United States · United States Congress · 7 February 1995
Provides amounts for expenses of the House Committee on Government Reform and Oversight for the 104th Congress. Limits amounts available for consultant services and staff training.
United States · United States Congress · 6 February 1995
Paperwork Reduction Act of 1995 - Amends the Paperwork Reduction Act of 1980 to: (1) extend its purview to educational and nonprofit institutions, Federal contractors, and tribal governments; (2) revise the authority and functions of the Office of Information and Regulatory Affairs (OIRA) in the Office of Management and Budget (OMB), specifying information dissemination and related agency oversight responsibilities; and (3) require OMB to conduct pilot projects to test alternative policies and procedures, and to develop a governmentwide strategic information resources management plan. Requires the OIRA Director to establish an Interagency Council on Statistical Policy. Requires each Federal agency to: (1) establish a process, independent of program responsibility, to evaluate proposed collections of information; and (2) ensure that the public has timely, equal, and equitable access to information products and services. Prohibits agencies, except where specifically authorized by statute, from: (1) establishing exclusive, restricted, or other distribution arrangements that interfere with timely and equitable public availability; (2) restricting or regulating the use, resale, or redissemination of public information by the public; (3) charging fees or royalties for resale or redissemination of public information; or (4) establishing user fees that exceed the cost of dissemination. Specifies actions agencies must take with respect to information technology. Replaces the Federal Information Locator System with an agency-based electronic Government Information Locator Service to identify the major information systems, holdings, and dissemination products of each agency. Reauthorizes appropriations for OIRA.
United States · United States Congress · 3 February 1995
Superfund Recycling Equity Act of 1995 - Amends the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 to absolve persons (other than owners or operators) who arranged for the recycling of recyclable material from liability for environmental response actions. Deems transactions involving scrap paper, plastic, glass, textiles, or rubber (other than whole tires) to be arranging for recycling if the person who arranged the transaction demonstrates that the following criteria were met: (1) the recyclable material met a commercial specification grade and a market existed for the material; (2) a substantial portion of the material was made available for use as a feedstock for the manufacture of a new saleable product; (3) the material (or product to be made from the material) could have been a replacement for a virgin raw material; and (4) with respect to transactions occurring 90 days after this Act's enactment, the person exercised reasonable care to determine that the facility where the material would be managed by another was in compliance with Federal, State, or local environmental laws or regulations. Deems transactions involving scrap metal to be arranging for recycling if the person who arranged the transaction demonstrates that: (1) the criteria for scrap materials were met; (2) he or she complied with applicable standards regarding activities associated with the recycling of scrap metals; and (3) the scrap metal was not melted prior to the transaction. Deems transactions involving spent lead-acid, nickel-cadmium, or other batteries to be arranging for recycling if the person involved demonstrates that: (1) the criteria for scrap materials were met; and (2) he or she complied with applicable Federal environmental regulations or standards regarding such batteries. Makes the exemptions from liability under this Act inapplicable if the person: (1) had an objectively reasonable basis to believe at the time of the recycling transaction that the recyclable material would not be recycled or would be burned as fuel or for energy recovery or incineration or that the consuming facility was not in compliance with Federal, State, or local environmental laws or regulations; (2) added hazardous substances to the material for purposes other than processing for recycling; or (3) failed to exercise reasonable care with respect to the management of the material. Makes such exemptions inapplicable if the recyclable material contained polychlorinated biphenyls in excess of 50 parts per million or any new Federal standard.
United States · United States Congress · 2 February 1995
Amends the Public Safety and Recreational Firearms Use Protection Act to remove from the definition of "semiautomatic assault weapon" the manufacture, transfer, or possession of which, with exceptions, is prohibited: (1) certain semiautomatic rifles and pistols that have an ability to accept a detachable magazine; and (2) certain semiautomatic shotguns.
United States · United States Congress · 1 February 1995
Fairness in Musical Licensing Act of 1995 - Revises Federal copyright law to provide that communication by electronic device of a transmission embodying a performance or display of a work by the reception of a broadcast, cable, satellite, or other transmission shall not be a copyright infringement unless an admission fee is charged to see or hear the transmission or the transmission is not properly licensed. Provides that a performance or display in a commercial establishment shall not be considered infringement if incidental to the main purpose of the establishment. Specifies that, if a general music user and a performing rights society are unable to agree on the appropriate fee to be paid for the user's past or future performance of musical works in the society's repertoire, the user shall be entitled to binding arbitration of such disagreement pursuant to the rules of the American Arbitration Association in lieu of any other dispute-resolution mechanism established by any judgment or decree governing the operation of such society. Requires the arbitrator to determine a fair and reasonable fee for the user's past and future performance of works in such society's repertoire and to impose a penalty for infringement if the user's past performance infringed the copyright of such works. Makes an arbitrator's determination binding on both parties. Sets forth provisions regarding civil actions for infringement that may be submitted to arbitration if the license fee for a performance is contested. Requires a performing rights society, at the request of any radio broadcaster, to offer the broadcaster a per programming license to perform nondramatic musical works in its repertoire. Directs that such license be offered on terms and conditions that provide an economically and administratively viable alternative to blanket licenses. Sets forth provisions regarding prices of such licenses. Requires, beginning January 1, 1998, the performance of nondramatic musical works by broadcasters under any per programming period license to be determined on the basis of statistically reliable sampling or monitoring by the society and prohibits the society from requiring the broadcaster to report such performance to the society. Authorizes such broadcasters to bring actions to require compliance with such requirements. Directs each performing rights society to make available free online computer access to copyright and licensing information for each work in its repertoire as well as a semiannual printed directory of each title in its repertoire. Requires such society, upon request, to provide to any person who may perform musical works in its repertoire, copies of documentation establishing the society's right to license the public performance of such works. Bars a society from instituting or being a party to any action alleging infringement in, or charging a fee under any per programming period license for, any work in the repertoire that is not identified or documented as described above, with exceptions. Requires the Attorney General to report annually to the Congress on the activities of the Department of Justice relating to the continuing supervision and enforcement of specified consent decrees of the American Society of Composers, Authors, and Publishers and Broadcast Music, Inc. Sets forth conditions under which landlords, organizers of conventions, or others making space available to another party are exempt from liability under any theory of vicarious or contributory infringement with respect to an infringing public performance of a copyrighted work by a tenant, lessee, or other user of such space. Provides that the transmission of religious services or the recording of copies or phonorecords of a transmission program embodying such services shall not be a copyright infringement.
United States · United States Congress · 1 February 1995
Federal Budget Structure Act of 1995 - Amends Federal law to require that the budget the President submits to the Congress be a unified budget comprising an operating budget and a capital budget, each presented separately for total funds, Federal funds, and trust funds. Restricts the capital budget to the major activities, projects, and programs supporting the acquisition, construction, alteration, and rehabilitation of capital assets. Includes all other items in the operating budget. Amends the Public Works and Economic Development Act of 1965 to require the following reports to specified congressional committees on capital activities and operating activities associated with: (1) roadways and bridges, airports and airway facilities, and mass transportation systems; (2) waste water treatment and related facilities; (3) water resource projects; and (4) public buildings.
United States · United States Congress · 31 January 1995
Commercial Aviation Fuel Tax Repeal Act of 1995 - Amends the Internal Revenue Code to repeal the increase in tax on fuel used in commercial aviation scheduled to take effect after September 30, 1995.
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.
![Official portrait of Rep. Clinger, William F., Jr. [R-PA-5]](https://www.congress.gov/img/member/c000523_200.jpg)