United States · United States Congress · 25 January 1995
TABLE OF CONTENTS: Title I: Retirement Savings Incentives Subtitle A: Restoration of IRA Deduction Subtitle B: Nondeductible Tax-Free IRAs Title II: Penalty-Free Distributions Title III: Aid to Families with Dependent Children Savings and Investment Incentive Act of 1995 - Title I: Retirement Savings Incentives - Subtitle A: Restoration of IRA Deduction - Amends the Internal Revenue Code to restore the deduction for individual retirement plans (IRAs). Provides a phase-up of income limits (from 1995 through 1998) with respect to the limitation on the deductibility of contributions to IRAs by active participants in employer-maintained plans. Removes the spousal rule from such limitation. Terminates income limits after December 31, 1998. Provides an inflation adjustment for deductible amounts after 1995. Allows certain spouses a full deduction for contributions to an IRA. Makes certain coins and bullion ineligible as collectible investments for purposes of distributions from an IRA. Coordinates the limit on such deduction with the elective deferral limit under other pension provisions. Subtitle B: Nondeductible Tax-Free IRAs - Allows individuals to establish individual retirement plus (IRA plus) accounts with tax treatment similar to that for individual retirement plans. Makes contributions to such accounts nondeductible. Excludes distributions from such accounts from the gross income of the distributee, if the assets remain in such accounts for at least five years. Allows qualified transfers to be made to such accounts. Establishes penalties for early withdrawals and excess contributions. Title II: Penalty-Free Distributions - Allows distributions from certain retirement plans without penalty to: (1) purchase first homes; (2) pay higher education expenses; (3) pay long-term care insurance premiums; (4) pay financially devastating medical expenses; and (5) assist certain unemployed individuals. Title III: Aid to Families with Dependent Children - Amends part A (Aid to Families with Dependent Children) (AFDC) of title IV of the Social Security Act to exclude from AFDC eligibility determinations certain income and resources that are to be used for education, training, and employability purposes. Requires the Secretary of Health and Human Services to report to specified congressional committees on the use of qualified asset accounts. Requires the Secretary to report to the Congress on a revision of the AFDC limit on automobiles in order to increase the employability of AFDC recipients.
United States · United States Congress · 19 January 1995
Amends title XVIII (Medicare) of the Social Security Act and other Federal law to make any managed health care plan established by the Secretary of Defense in the Military Health Services System eligible for payments by the Secretary of Health and Human Services on behalf of any plan enrollees entitled to Medicare benefits.
United States · United States Congress · 17 January 1995
Student Loan Evaluation and Stabilization Act of 1995 - Amends the Higher Education Act of 1965 with respect to student loan programs. (Sec. 3) Revises the Federal Direct Student Loan program to limit the proportion of loans made under such program: (1) for academic year 1994-1995, to five percent of the new student loan volume for such year; and (2) for academic year 1995-1996 and any succeeding fiscal year, to loans to students and parents of students attending eligible institutions which have applied and been accepted for institutional participation in such program on or before December 31, 1994. Eliminates provisions for selecting additional institutions to participate in such pilot program. Reduces the maximum amount of funds for administrative expenses of such program allowed for certain periods. Revises the items which such funds must cover, including the costs of annually assessing such program and payment of an administrative cost allowance for the expenses of guaranty agencies in servicing outstanding loans in their portfolios and in guaranteeing new loans. Revises provisions for congressional oversight of program administration, by providing for funding triggers which allow administrative funds to be obligated only in such amounts and according to such schedule as specified in the appropriations Act for the Department of Education after submission by the Department of a detailed proposal for such expenditures. Requires a guaranty agency to: (1) submit a specified application before obtaining an administrative cost allowance from such funds; (2) expend such allowance only for specified purposes; and (3) elect a payment rate on the basis of one of two specified formulas. Provides for ratable reductions of such allowances when total payments exceed a specified level. Directs the Secretary of Education to provide a detailed quarterly report of all such expenditures to specified congressional committee chairs. Requires such report to specifically identify all contracts entered into by the Department for services supporting the Federal Family Education Loan (FFEL) Program and the Federal Perkins Loan Program, as well as the current and projected costs of such contracts. Eliminates the transition to the Federal Direct Loan Program. (Sec. 4) Sets forth conditions under which: (1) Federal Perkins Loan borrowers can obtain FFEL consolidation loans; and (2) FFEL borrowers can obtain Federal direct consolidation loans. (Sec. 5) Revises provisions relating to reserve fund programs. (Sec. 6) Sets institutional default rate limitations on direct lending. (Sec. 7) Provides for applications for FFEL loans using the free Federal application form, which is already in use for other types of student aid. Allows such form to be in an electronic or any other format, subject to certain conditions, in order to facilitate use by borrowers and institutions. Provides for authorized guaranty agencies to receive such form. (Sec. 8) Amends the Congressional Budget Act to prescribe a formula for determining the cost of a direct loan on the basis of the net present value, at the time the direct loan is disbursed, of specified types of cash flows for the estimated life of the loan.
United States · United States Congress · 17 January 1995
United States One Dollar Coin Act of 1995 - Amends Federal currency law to prescribe the color and content of one-dollar coins. Prohibits a Federal reserve bank from placing into circulation any one-dollar Federal Reserve note after the date that the one-dollar coins are first placed in circulation. Directs the Secretary of the Treasury to cease regular production of one-dollar Federal Reserve notes (except for such quantities as are required to meet collectors' needs).
United States · United States Congress · 13 January 1995
Amends the Internal Revenue Code to increase the current limit amount under the special estate tax valuation rules for certain farm property and other real property.
United States · United States Congress · 9 January 1995
Directs the Secretary of Commerce, upon determining on the basis of comments submitted in rulemaking under this Act that interest among manufacturers is sufficient to warrant the establishment of a three-year toll-free number pilot program and manufacturers will provide fees so that the program will operate without cost to the Federal Government, to: (1) establish such program solely to help inform consumers whether a product is made in America or the equivalent thereof; and (2) publish the toll-free number in the Federal Register. Requires: (1) the Secretary to contract for the establishment and operation of such pilot program and the registration of products; and (2) such number to be used solely to inform consumers as to whether products are American made. Requires consumers to be informed that such registration does not mean that: (1) the product is endorsed or approved by the Government; (2) the Secretary has conducted any investigation to confirm that the product meets the definition of American made; or (3) the product contains 100 percent U.S. content. (Sec. 2) Directs the Secretary to propose regulations to: (1) establish a procedure under which the manufacturer of a product may voluntarily register such product as complying with such definition and have such product included in the information available through the toll-free number; (2) establish, assess, and collect a fee to cover all costs of registering products and including registered products in information provided under the number; (3) establish the pilot program; and (4) solicit views from the private sector concerning the level of interest of manufacturers in registering products. Requires the Secretary to promulgate such regulations if the pilot program and product registration is determined to be warranted. Sets forth provisions regarding: (1) registration fees; and (2) penalties for knowingly registering a product which is not American made.
United States · United States Congress · 9 January 1995
Regulatory Transition Act of 1995 - Establishes a moratorium on Federal regulatory rulemaking actions from November 9, 1994, through June 30, 1995, with certain emergency exceptions for presidentially designated imminent threats to health or safety, or actions necessary for enforcement of criminal laws. Suspends until July 1, 1995, starting 30 days after enactment of this Act, the effectiveness of any such action taken or made effective after November 9, 1994, but before enactment of this Act. Extends for five months or until July 1, 1995, whichever is later, any statutory, regulatory, or judicial deadline for, relating to, or involving any action dependent upon, any regulatory rulemaking actions authorized or required to be taken before the end of the moratorium period. Requires the President to inventory and publish in the Federal Register a list of all covered regulatory rulemaking actions taken or made effective during the moratorium period but before the date of enactment of this Act. Excludes from the meaning of rule: (1) the approval or prescription, on a case-by-case or consolidated basis, for the future of rates, wages, corporation, or financial structures or reorganizations thereof, prices, facilities, appliances, services or allowances therefor, or of valuations costs, or accounting, or practices bearing on any of the foregoing; and (2) the granting of an application for a license, registration, or similar authority, the granting or recognition of an exception, the granting of a variance or petition for relief from a regulatory requirement, or other action relieving a restriction, or any action necessary to permit new or improved applications of technology. Authorizes civil actions by anyone adversely affected by any conduct of a Federal agency in violation of this Act.
United States · United States Congress · 5 January 1995
TABLE OF CONTENTS: Title I: Tax Incentives Regarding Rural Health Care Title II: Public Health Service Programs Regarding Rural Health Care Subtitle A: National Health Service Corps Subtitle B: Other Programs Regarding Rural Health Care Title III: Provisions Relating to the Medicare Program Title IV: Treatment of Student Loans for Health Professionals Rural Health Professional Shortage Act of 1995 - Title I: Tax Incentives Regarding Rural Health Care - Amends the Internal Revenue Code to exclude from gross income any payment made on behalf of a taxpayer by the National Health Service Corps Loan Repayment Program. (Sec. 102) Permits a deduction for medical education loan interest incurred by health professionals serving in medically underserved rural areas. (Sec. 103) Provides a credit for a qualified primary health services provider providing primary health services full time to an individual residing in a rural health professional shortage area and who: (1) is not receiving a National Health Service Corps Scholarship as a loan repayment under the National Health Service Corps Loan Repayment Program; (2) is not fulfilling service obligations under such Programs; and (3) has not defaulted on such obligations. (Sec. 104) Provides for an increase in the amount which may be expensed as depreciable business assets in the case of rural health care property. Title II: Public Health Service Programs Regarding Rural Health Care - Subtitle A: National Health Service Corps - Amends the Public Health Service Act to add criteria for use in determining health professional shortage areas by including in the criteria the number of individuals paying for health services through Medicare or Medicaid and the number of individuals who have no health insurance, as well as the number of physicians who will accept Medicare and Medicaid patients. (Sec. 202) Requires that at least five percent of appropriations for the National Health Service Corps be used for special loans for former Corps members to enter private practice in health professional shortage areas. (Sec. 211) Provides increased funding for the Scholarship Program and the Loan Repayment Program. (Sec. 212) Directs the Secretary of Health and Human Services to give priority in making scholarships to individuals from rural backgrounds who are likely, after their service, to serve in a rural health professional shortage area. (Sec. 221) Establishes the Rural Primary Health Care Fund for the purpose of making loans to assist individuals with the costs of attending professions schools if the individuals agree to provide primary health services in an underserved rural area. Authorizes appropriations. Subtitle B: Other Programs Regarding Rural Health Care - Requires a State, in order for the State to receive a grant for an Office of Rural Health, to undertake activities to recruit and train physicians to serve in rural areas. Authorizes appropriations for such Offices. (Sec. 232) Authorizes appropriations for area health education center programs. Title III: Provisions Relating to the Medicare Program - Amends title XVIII (Medicare) of the Social Security Act to eliminate, after a specified fiscal year, the geographic adjustment factor from the formula used to determine Medicare payment for physician's services. Increases rural geographic index values so that, by that fiscal year, the values will be the same for all fee schedule areas. Decreases index values for other areas so as to avoid a resulting increase in total payments. (Sec. 302) Amends title XI, Part A (General Provisions) of the Social Security Act to exempt rural hospitals from provisions relating to illegal remunerations, allowing repayment of medical education loans or subsidization of medical practice startup costs. (Sec. 303) Amends Medicare provisions to authorize incentive payments to service providers in health professional shortage areas or if a specified percentage of the provider's patients are: (1) entitled to Medicare or Medicaid (title XIX of the Social Security Act) benefits; or (2) patients for whom the provider received no payment. (Current law authorizes the payments to physicians in health professional shortage areas.) Title IV: Treatment of Student Loans for Health Professionals - Amends the Higher Education Act of 1965 to defer certain student loan repayments for a borrower who is serving in an internship or residency program in a health facility located in a rural area.
United States · United States Congress · 5 January 1995
Amends the Solid Waste Disposal Act to direct the Administrator of the Environmental Protection Agency to require the preparation of a community information statement as part of the permitting process applicable to any new off-site hazardous waste treatment or disposal facility. Requires such statement to describe: (1) the effects of the proposed facility on the host community; (2) the types of waste expected to enter the facility, the types of releases expected from the facility, and the human health impacts associated with such wastes and releases; (3) the alternatives for mitigating impacts on the community; (4) the demographic characteristics of the community; (5) the presence in the community of an existing solid waste treatment, storage, or disposal facility or site in which a hazardous substance release has occurred, and the extent to which the site has been remediated; and (6) the permit applicant's compliance with State and Federal environmental regulations and laws.
United States · United States Congress · 5 January 1995
Amends the Solid Waste Disposal Act to prohibit the issuance of a permit for the operation of any new off site hazardous waste incinerator or other hazardous waste treatment, storage, or disposal facility if: (1) the facility is located within a two-mile radius of the boundary of a Federal prison; and (2) an accident at such a facility could require evacuation of prisoners or nearby residents.
United States · United States Congress · 5 January 1995
TABLE OF CONTENTS: Title I: Programs of Health Care Financing Administration Subtitle A: Medicare Program Subtitle B: Other Programs Title II: Programs of Public Health Service Title III: Antitrust Provisions Title IV: Commission on Reducing the Burden of Regulations and Paperwork on Small Rural Hospitals Rural Hospital Survival Act of 1995 - Title I: Programs of Health Care Financing Administration - Subtitle A: Medicare Program - Amends title XVIII (Medicare) of the Social Security Act regarding guidelines for determining a national adjusted DRG (diagnosis-related group) prospective payment rate to instruct the Secretary of Health and Human Services to compute, for rural hospital discharges, beginning FY 1995, the portion of the average standardized amount attributable to wages and wage-related costs. States that the portion of such amount not attributable to wages and wage-related rural hospital costs shall be equal to such portions of such amount for hospitals in another urban area. Requires the Secretary to adjust the proportion of hospitals' costs taking into account only costs attributable to wages and salaries, employee benefits, and professional fees. (This eliminates payment differentials between urban and rural hospitals.) Expresses the sense of the Congress that payment reductions made to providers under Medicare should be adjusted to reduce their disproportionate impact upon providers in rural areas. Subtitle B: Other Programs - Amends the Omnibus Budget Reconciliation Act of 1987 to increase the authorization of appropriations for rural health transition grants. Title II: Programs of Public Health Service - Amends the Public Health Service Act to authorize the Secretary to make grants to public and private entities for demonstration projects for: (1) telecommunications which make medical advice and technologies available to rural area health professionals; and (2) increased access of rural populations to primary health services. Authorizes appropriations. Title III: Antitrust Provisions - Provides antitrust exemption guidelines for certain rural hospitals. Title IV: Commission on Reducing the Burden of Regulations and Paperwork on Small Rural Hospitals - Establishes the Advisory Commission on Reducing the Burden of Regulations and Paperwork on Small Rural Hospitals to analyze and report to the Secretary and the Congress on the impact on such hospitals of governmental regulations and paperwork. Authorizes appropriations.
United States · United States Congress · 5 January 1995
Expresses the sense of the House of Representatives that: (1) obstetrician-gynecologists should be designated as primary care providers for women in Federal laws relating to the provision of health care; and (2) legislative proposals that define primary care should include services performed by obstetrician-gynecologists in such definition.
United States · United States Congress · 5 January 1995
Expresses the sense of the House of Representatives that: (1) a continued Federal commitment to the railroad retirement system is essential to assure the integrity of railroad retirees' benefits; and (2) the National Performance Review's proposal to dismantle and transfer the administrative functions of the railroad retirement system to other Federal agencies and eliminate the Railroad Retirement Board should be rejected.
United States · United States Congress · 4 January 1995
Amends the Internal Revenue Code to provide that the burden of proof with respect to all issues, in the case of any court proceeding, is on the Secretary of the Treasury. Requires the Secretary to identify in writing the specific kind or type of tax, and its specific implementing regulations, within 14 days upon the written request from any person made liable for such tax. Increases the limitation on the amount of recovery for civil damages for unauthorized collection actions by the Internal Revenue Service. Excludes such damages from gross income.
United States · United States Congress · 4 January 1995
Language of Government Act of 1995 - Declares English to be the official language of the U.S. Government. States that the Government has an affirmative obligation to preserve and enhance the role of English as the official language. Requires the Government to conduct its official business in English. Prohibits anyone from being denied Government services because he or she communicates in English.
United States · United States Congress · 4 January 1995
TABLE OF CONTENTS: Title I: Civil Justice Reform Title II: Reform of Private Securities Litigation Common Sense Legal Reforms Act of 1995 - Title I: Civil Justice Reform - Amends the Federal judicial code to provide for the award of attorney's fees to the prevailing party in Federal civil diversity litigation. Grants the district court discretion to reduce the amount of such award under special circumstances. (Sec. 102) Amends Rule 702 of the Federal Rules of Evidence to make inadmissible: (l) testimony by a witness in the form of an opinion that is based on scientific knowledge unless the court determines that such opinion is based on scientifically valid reasoning and is sufficiently reliable so that its probative value outweighs specified dangers; and (2) testimony by a witness who is qualified if such witness is entitled to receive any compensation contingent on the legal disposition of any claim with respect to which such testimony is offered. (Sec. 103) Sets forth rules governing any product liability action brought in State or Federal court against a manufacturer or seller of a product on any theory for harm caused by the product which shall supersede State law only to the extent that State law applies to an issue covered by this section. Specifies that any issue not covered by this section shall be governed by otherwise applicable State or Federal law. Makes a product seller liable to a claimant for harm only if the claimant establishes that: (1) the product which allegedly caused the harm complained of was sold by the product seller, the product seller failed to exercise reasonable care with respect to the product, and such failure to exercise reasonable care was a proximate cause of the claimant's harm; (2) the seller made an express warranty applicable to the product which allegedly caused such harm, independent of any express warranty made by the manufacturer as to the same product, the product failed to conform to the warranty, and the failure of the product to conform caused the claimant's harm; or (3) the seller engaged in intentional wrongdoing as determined under applicable State law and such intentional wrongdoing was a proximate cause of the harm. Makes an exception where: (1) the manufacturer is not subject to service of process under the laws of the State in which the claimant brings the action; or (2) the court determines that the claimant would be unable to enforce a judgment against the manufacturer. Permits the award of punitive damages against a manufacturer or product seller, to the extent permitted by applicable State law, if the claimant establishes by clear and convincing evidence that the harm suffered was the result of conduct manifesting actual malice. Limits the amount of such damages to three times the amount awarded to the claimant for the economic injury on which such claim is based or $250,000, whichever is greater. Specifies that the liability of each manufacturer or seller of the product involved in the action shall be several only and not joint for non-economic damages. Makes the manufacturer or seller liable only for the amount of non-economic damages allocated in direct proportion to such manufacturer's or seller's percentage of responsibility as determined by the trier of fact. (Sec. 104) Expresses the sense of the Congress that each State should require each attorney admitted to practice law in such State to disclose in writing to any client with whom such attorney has entered into a contingency fee agreement: (1) the actual services performed for such client in connection with such agreement; and (2) the precise number of hours actually expended by such attorney in the performance of such services. Amends Rule 11(c) of the Federal Rules of Civil Procedure to require (currently, allow) the court to impose an appropriate sanction upon an attorney, law firm, or party that has made specified representations to the court (e.g., a representation intended to harass, cause unnecessary delay, increase the cost of litigation, or present frivolous arguments) to compensate the parties injured by the conduct. (Sec. 105) Amends the Federal judicial code to require a district court to dismiss a civil action, without prejudice, if: (1) not later than 60 days after such action is commenced, the defendant files a motion to dismiss on the basis that the plaintiff failed to transmit a written statement specifying the particular claims alleged and the amount of damages claimed to the defendant at least 30 days before commencing such action; and (2) the plaintiff fails to establish that before commencing such action the plaintiff complied with such requirement. Sets forth provisions regarding: (1) exceptions (e.g., any civil action to seize or forfeit assets subject to forfeiture and actions where the defendant is likely to flee); and (2) the statute of limitations. (Sec. 106) Revises rule XI of the Rules of the House of Representatives to require each committee report on a bill or joint resolution (bill) of a public character to include: (1) whether that bill preempts the law of any State; (2) the retroactive applicability, if any, of that bill; (3) whether that bill creates a private cause of action and, if so, a description of the relief and the terms and conditions for awarding any attorney fees; and (4) the applicability, if any, of that bill to the Federal Government or any of its agencies or instrumentalities. (Sec. 107) Amends the Racketeer Influenced and Corrupt Organizations Act to prohibit any person from bringing an action under such Act for damages based on injury to that person's business or property if the racketeering activity involves conduct actionable as fraud in the purchase or sale of securities. Title II: Reform of Private Securities Litigation - Securities Litigation Reform Act - Amends the Securities Exchange Act of 1934, with respect to class actions, to require a court-appointed class action steering committee (composed of class members), or, in the absence of such a committee, a guardian ad litem, to direct counsel for the plaintiff class. (Sec. 202) Sets forth disclosure guidelines for any proposed settlement agreement that is disseminated to the plaintiff class, including: (1) a statement about agreement or disagreement on the amount of damages and the likelihood of the plaintiff's prevailing; (2) the amount of legal costs and fees sought as part of the settlement; and (3) the identification of lawyers' representatives who will be available to answer questions from class members. Prohibits the use of disgorgement funds resulting from actions brought by the Securities Exchange Commission (the Commission) to pay legal expenses incurred by private parties seeking distribution of such funds. (Sec. 203) Declares that the portion of any final judgment or settlement awarded to class plaintiffs serving as the representative parties shall be equal (on a per share basis) to the portion of the final judgment awarded to all other members of the class. Revises the guidelines for private class action suits to: (1) require named plaintiffs to own, in the aggregate, at least $10,000 (market value) in the class of securities concerned, or one percent of that class, whichever is lesser; (2) restrict to five the number of class actions filed by a named plaintiff during any three-year period; (3) subject a losing party litigant to liability for the prevailing party's legal fees; (4) require the court to make a conflict of interest determination with respect to a plaintiff's counsel with a beneficial interest in the securities that are the subject of the litigation; (5) discharge from all claims for contribution by nonsettling persons a defendant who settles before verdict or judgment; (6) provide for recovery of contribution by a person who becomes liable for damages from certain non-parties who would have been liable for the same damages, if joined in the original suit; and (7) grant defendants the right to special verdicts establishing scienter (state of mind). Prohibits brokers or dealers from soliciting or accepting referral fees from an attorney for obtaining the representation of a customer in any private action. (Sec. 204) Delineates the requirements for securities fraud actions, including: (1) explicit pleading and proof of scienter; (2) plaintiff's reliance on a material misstatement or omission that proximately caused the plaintiff's loss; and (3) limitations on damages. (Sec. 205) Directs the Commission to: (1) re-examine the regulatory and judicial framework with respect to predictive statements concerning the future economic performance of an issuer of securities ("forward-looking statements"); (2) create clear and objective criteria ("safe harbor" rules), sufficient to protect investors, by which forward-looking statements will be deemed not to violate such Act; and (3) prescribe procedures for timely court dismissal of claims against securities issuers based on such statements. (Sec. 206) Prescribes procedural guidelines for alternative dispute resolution of private actions, especially class actions.
United States · United States Congress · 4 January 1995
Employee Educational Assistance Act of 1995 - Amends the Internal Revenue Code to make permanent the income tax exclusion of amounts paid under employee educational assistance programs.
United States · United States Congress · 4 January 1995
Family Farm Tax Relief and Savings Act of 1995 - Amends the Internal Revenue Code with respect to nontaxable exchanges to allow the rollover of gain from the sale of a qualified farm asset into one or more individual retirement plans, to be known as asset rollover accounts. Denies an itemized deduction for contributions to such accounts and sets forth contribution limitations. Provides that rollover contributions to an asset rollover account may be made only from other such accounts. Sets forth reporting requirements for individuals making contributions to such accounts and taxes excess contributions.
United States · United States Congress · 4 January 1995
Merchant Mariners Fairness Act of 1993 - Provides that certain qualified service of a member of the U.S. merchant marine, including a vessel crewmember of the U.S. Army Transport Service, during World War II constituted active military service for purposes of eligibility for various veterans' benefits under the GI Bill Improvement Act of 1977. Requires the Secretary of Defense to issue an honorable discharge under such Act to each merchant marine member whose qualified service warrants such a discharge. Prohibits the payment of any retroactive benefits under this Act. Mandates a processing fee for any benefit application for such qualified service.
United States · United States Congress · 4 January 1995
TABLE OF CONTENTS: Title I: Reducing Illegitimacy Title II: Requiring Work Title III: Capping the Aggregate Growth of Welfare Spending Title IV: Restricting Welfare for Aliens Title V: Consolidating Food Assistance Programs Title VI: Expanding Statutory Flexibility of States Title VII: Drug Testing for Welfare Recipients Title VIII: Effective Date Personal Responsibility Act of 1995 - Title I: Reducing Illegitimacy - Expresses the sense of the Congress with regard to the importance of marriage as a social institution and the negative consequences of out-of-wedlock births, declaring that the reduction of such births is an important government interest. (Sec. 101) Amends parts A (Aid to Families with Dependent Children) (AFDC), D (Child Support and Establishment of Paternity), and E (Foster Care and Adoption Assistance) of title IV of the Social Security Act (SSA) to generally deny AFDC to families on whose behalf an AFDC application is made after the effective date of this title for a dependent child whose paternity has not been established, unless the child was conceived through rape or incest, or efforts to establish paternity would result in physical danger to the child or relative claiming such aid. Allows AFDC payments if such relative alleges that any of up to three named individuals may have fathered the child, provides their addresses, and the State has not disproved the allegation. States that denial of AFDC benefits shall have no effect on the family's eligibility for Medicaid and foster care and adoption assistance. (Sec. 102) Requires unwed mothers under age 19 to live at home or in another adult-supervised living arrangement in order to receive AFDC. (Sec. 103) Requires State officers or employees, as soon as they become aware, in the performance of official duties, of a pregnant, unmarried individual, to warn the individual of ineligibility for State aid unless she informs the State of the prospective father's identity and cooperates in establishing the child's paternity. Calls for States to: (1) develop procedures in public hospitals and clinics to facilitate the acknowledgement of paternity; and (2) establish legal procedures that permit the establishment of paternity as quickly and easily as possible. (Sec. 104) Increases the State paternity establishment percentage. (Sec. 105) Denies, generally, AFDC to a child born out-of-wedlock on or after the effective date of this title to an individual under age 18 unless afterwards such individual marries the biological father, or the biological parent with legal custody of the child marries an individual who legally adopts the child. Preserves the family's eligibility for Medicaid and foster care and adoption assistance despite reduction or denial of AFDC. (Sec. 106) Denies AFDC with respect to additional children born on or after the effective date of this title to an AFDC recipient or to an individual who received AFDC at any time during the ten-month period ending with the birth of the child, unless the recipient or individual was pregnant with the child when applying for AFDC. Preserves the family's eligibility for Medicaid and foster care and adoption assistance despite reduction or denial of AFDC. (Sec. 107) Gives States the option of denying AFDC (but without effect on eligibility for Medicaid and foster care and adoption assistance) to individuals aged 18, 19, or 20 who have a child out-of- wedlock after the effective date of this title, as well as to an out- of-wedlock child of such an individual, unless, after the child's birth, such individual marries the biological father, the biological parent with legal custody of the child marries an individual who legally adopts the child, or the individual is the biological and custodial parent of another child not born out-of-wedlock. Allows States the option of denying housing benefits to the same individuals unless the same conditions are met, or Federal housing assistance eligibility is based on any household member's disability or handicap of a household member. (Sec. 108) Adds under SSA title IV a new part C (Grants for Assistance to Children Born Out-of-Wedlock) for giving qualified States the flexibility and resources necessary to provide appropriate non-abortion related services and activities to discourage out-of- wedlock births and to care for children born out-of-wedlock through such initiatives as promoting adoption and establishing and operating group homes and orphanages. Requires the Comptroller General to report to the Congress on whether illegitimacy rates have changed as a result of this Act, and on State efforts under such new grant program. (Sec. 109) Prohibits any agency or entity that receives Federal assistance, and is involved in adoption or foster care placements, from: (1) denying to any person the opportunity to become an adoptive or a foster parent on the basis of the race, color, or national origin of the person, or of the child, involved; and (2) delaying or denying the placement of a child for adoption or into foster care, or otherwise discriminating in making a placement decision on such basis. Title II: Requiring Work - Amends SSA title IV part A to require State AFDC plans to require AFDC recipients to participate for a certain number of hours per week in a work supplementation or community work experience program under SSA title IV part F (Job Opportunities and Basic Skills Training Program), or in any other work program established by the State and, under certain circumstances, in job search activities in order to move adult welfare recipients from welfare dependency to paid employment as quickly as possible. (Sec. 202) Provides for a reduction in AFDC in cases of noncompliance with work requirements, and for eventual termination of AFDC for repeated noncompliance. Terminates AFDC to any adult recipient after five years. Grants States the option of terminating AFDC after two years. Makes various specified changes relating to unemployed parents, with the option to limit the AFDC-UP program extended to all States. Eliminates certain JOBS program rules. Expresses the sense of the Congress that each State that operates an AFDC program is encouraged to assign the highest priority to requiring families that include older preschool or school-age children to participate in a work program. (Sec. 203) Revises work supplementation program provisions, among other changes, giving States the authority to use sums that would otherwise be expended for food stamp benefits to provide subsidized jobs for participants. (Sec. 204) Provides for payments to States for certain individuals receiving State food assistance who perform work on behalf of the State or a political subdivision through a work program. Title III: Capping the Aggregate Growth of Welfare Spending - Limits the total amount of Federal spending for AFDC, supplemental security income (SSI), housing aid, and other specified welfare programs beginning in FY 1996 to the total amount of Federal spending for the preceding fiscal year on those programs, adjusted for inflation and change of the poverty population. (Sec. 301) Requires: (1) the joint explanatory statement accompanying a conference report on a budget resolution to include allocations to each committee based on such spending cap; and (2) reconciliation directives to specify reductions for each committee necessary to comply with such caps. (Sec. 302) Terminates all entitlements of individuals to benefits, and of States to payments, under SSA's AFDC, child support enforcement, and SSI programs effective October 1, 1995. (Sec. 303) Requires all savings from welfare spending limits to be used for deficit reduction. Title IV: Restricting Welfare for Aliens - Makes aliens (with exceptions for refugees, elderly lawful residents, and current eligible residents) ineligible for specified public assistance programs, except for emergency medical services. (Sec. 402) Amends SSA title IV part A to require State AFDC agencies to provide the Immigration and Naturalization Service with information on illegal aliens. Title V: Consolidating Food Assistance Programs - Repeals the Food Stamp Act of 1977, the Child Nutrition Act of 1966, the Emergency Food Assistance Act of 1983, the Hunger Prevention Act of 1988, the National School Lunch Act, the Commodity Distribution Reform Act and WIC Amendments of 1987, and other specified Federal laws and replaces them with a: (1) State food assistance block grant program to provide food assistance to economically disadvantaged individuals and families; and (2) new food coupon program. (Sec. 503) Authorizes the Secretary and the Commodity Credit Corporation to sell surplus commodities and foodstuffs to the States to provide food assistance to eligible populations. Title VI: Expanding Statutory Flexibility of States - Amends SSA title IV part A to grant States the option of: (1) converting their AFDC payments into a fixed annual block grant; (2) treating new residents under the rules of the former State; (3) reducing AFDC payments for parents under age 21 who have not completed high school or earned their high school equivalency; (4) providing for a married couple transition benefit under certain conditions; (5) disregarding income and resources designated for education, training, and employability, or related to self-employment; and (6) requiring attendance at parenting and money management classes, and prior approval of any action that would result in a change of school for a dependent child. Title VII: Drug Testing for Welfare Recipients - Amends SSA title IV part A to require AFDC recipients to undergo necessary substance abuse treatment as a condition of receiving AFDC. Title VIII: Effective Date - Sets forth the effective date of this Act.
United States · United States Congress · 4 January 1995
TABLE OF CONTENTS: Title I: Findings, Policy, and Purposes Title II: Missile Defense Title III: Revitalization of National Security Commission Title IV: Command of United States Forces Title V: United Nations Title VI: Revitalization and Expansion of the North Atlantic Treaty Organization Title VII: Budget Firewalls National Security Revitalization Act - Title I: Findings, Policy, and Purposes - Sets forth as purposes of this Act: (1) to establish a commission to reassess U.S. military needs and reverse the decline in defense spending; (2) to commit to acceleration of the development and deployment of theater and national ballistic missile defense capabilities; (3) to restrict deployment of U.S. forces to missions that are in the national interest; (4) to maintain U.S. command of U.S. forces participating in United Nations (UN) peacekeeping operations and to reduce the cost to the United States of such operations; and (5) to reemphasize the U.S. commitment to the North Atlantic Treaty Organization (NATO). Title II: Missile Defense - Directs the Secretary of Defense (Secretary) to: (1) develop for deployment at the earliest possible date a cost- and operationally-effective antiballistic missile system to protect the United States against ballistic missile attacks; and (2) develop for expeditious deployment advanced theater missile defense systems. Requires a plan with respect to the deployment of such systems to be submitted to specified congressional committees within 60 days after enactment of this Act. Title III: Revitalization of National Security Commission - Establishes the Revitalization of National Security Commission to conduct a comprehensive review of the long-term U.S. national security needs. Requires an interim and final report from the Commission to designated congressional committees on its assessments and recommendations. Provides funding. Title IV: Command of United States Forces - Prohibits funds made available to the Department of Defense (DOD) from being obligated or expended for activities of any element of the armed forces that after the date of enactment of this Act is placed under the command or operational control of a foreign national acting on behalf of the UN for international peacekeeping or peace enforcement purposes. Waives such prohibition if the President, at least 15 days in advance, certifies to the Congress that such command or control is necessary to protect U.S. national security interests. Allows the President, in emergency situations, to allow such foreign command or control without the advance notification, but requires congressional notification within 48 hours after such action. Outlines certification requirements. Waives all such requirements when less than 50 members of U.S. armed forces are involved. Requires the President to submit to the Congress a memorandum of legal points and authorities explaining why the foreign placement of U.S. military personnel does not violate the Constitution. Excepts ongoing operations in Macedonia from the above requirements. (Sec. 402) Amends the United Nations Participation Act of 1945 (the Act) to require approval by the Congress, by law, of any presidential action taken which makes available to the UN Security Council, or a foreign national acting on behalf of the UN, U.S. armed forces for international peace and security activities. Provides exceptions: (l) in the case of presidential certifications, as above; and (2) when such action is authorized by law. Outlines certification requirements and provides an exception for: (1) actions requiring less than 50 U.S. military personnel; and (2) ongoing operations in Macedonia. Requires the President to submit to the Congress the same legal memorandum as required above. Title V: United Nations - Amends the Act to specifically limit the U.S. assessment for UN expenditures in support of international peacekeeping operations. Requires crediting for the United States by the UN for the costs of U.S. support for, or participation in, such activities. Directs the President to annually submit to designated congressional committees a report on the total amount of any fiscal year's national defense funds that are expended to support such activities. (Sec. 502) Codifies within the Act specified provisions of the Foreign Relations Authorization Act, Fiscal Years 1994 and 1995, concerning the required notification to the Congress of proposed UN peacekeeping activities. Requires within such notification a description of any uncovered U.S. assistance to or support for such activities. Defines a new UN peacekeeping operation as one to be expanded by more than 25 percent during the period covered, or one to be authorized to operate in a country in which it was not previously authorized. (Sec. 503) Requires presidential notification to designated congressional committees within 15 days: (1) after receipt by the United States of a billing request from the UN for the U.S. contribution toward UN peacekeeping activities; or (2) before the U.S. obligates funds for such contributions (except for emergencies, in which case notification is required within 48 hours of such obligation). (Sec. 504) Requires, in a report required under the Act, a description of the anticipated budget for the next fiscal year for U.S. participation in UN peacekeeping activities. (Sec. 506) Authorizes the Secretary, in emergency circumstances, to waive the requirement for reimbursement to the United States for in-kind contributions to UN peacekeeping activities. Requires appropriate notification to the designated congressional committees. Directs the Secretary of State to ensure that U.S. goods provided by DOD on a reimbursable basis for UN peacekeeping activities are reimbursed at the appropriate value. Directs the U.S. Permanent Representative to the UN to report to the designated congressional committees on all U.S. action taken to achieve such objectives. (Sec. 507) Prohibits appropriated funds from being used in any fiscal year to pay any U.S. assessed or voluntary contribution for UN peacekeeping activities until the Secretary certifies to the Congress that the UN has reimbursed DOD directly for all goods and services provided during the previous fiscal year for such activities. (Sec. 508) States that, beginning October 1, 1995, funds made available to DOD shall be available for UN peacekeeping activities or their related incremental costs only to the extent that the Congress has by law specifically made those funds available for such purpose. (Sec. 509) Codifies within the Act a specified provision which limits the use of funds authorized for Contributions for International Peacekeeping Activities for payment of the U.S. assessed contribution for a UN peacekeeping operation to 25 percent of the total amount of all assessed contributions for such operation. (Sec. 510) Prohibits funds from being obligated or expended for U.S. contributions to UN peacekeeping activities unless the Secretary of State determines and certifies to the designated congressional committees that U.S. manufacturers and suppliers are being given opportunities equal to foreign manufacturers and suppliers to provide equipment, material, and services for such activities. (Sec. 511) Withholds specified percentages of U.S. assessed and voluntary contributions toward UN peacekeeping activities until receipt by the Congress of a certification by the President that the UN, through its Office of Inspector General, has undertaken certain prescribed activities with respect to a financial and management accounting of UN peacekeeping activities. (Sec. 512) Authorizes the United States to provide intelligence to the UN only pursuant to a written agreement between the President and the UN's Secretary General specifying the types of and circumstances for such intelligence and the procedures to be observed by the UN with respect to access and disclosure of the intelligence. Requires advance notification (30 days) to the Congress before such an agreement will be considered effective. Provides exceptions. Title VI: Revitalization and Expansion of the North Atlantic Treaty Organization - NATO Revitalization and Expansion Act of 1995 - Declares that it should be U.S. policy: (1) to continue the commitment to an active leadership role in NATO; (2) to join with NATO allies to redefine the role of the alliance in the post-Cold War world, taking into account specified factors; (3) to affirm that NATO military planning should include joint military operations beyond the geographic bounds of the alliance under the North Atlantic Treaty when the shared interests of the United States and other member countries require such actions to defend vital interests; (4) that Poland, Hungary, the Czech Republic and Slovakia should be permitted to join NATO by January 10, 1999, as long as each such country meets specified standards and undertakes certain commitments; (5) that the United States and other NATO member nations should furnish appropriate assistance to enable such countries to achieve membership by such date; and (6) that other European countries, particularly the Baltic states and Ukraine, may be in a position to achieve NATO membership at a future date. (Sec. 604) Directs the President to establish a program to assist the transition to full NATO membership of Poland, Hungary, the Czech Republic, Slovakia, and any other European country emerging from communist domination that is designated by the President. Outlines types of assistance to be provided. Requires annual reports from the President to the appropriate congressional committees on the progress made in implementing this section. Title VII: Budget Firewalls - Expresses the sense of the Congress that so-called "budget firewalls" between defense and domestic discretionary spending should be established for each of FY 1996 through 1998.
United States · United States Congress · 4 January 1995
Taxpayer Debt Buy-Down Act - Amends the Internal Revenue Code to allow individuals with adjusted income tax liability to designate on their tax returns that a portion of such liability (not to exceed ten percent) be used to reduce the public debt. Establishes a Public Debt Reduction Trust Fund for the deposit of designated amounts. Makes amounts in such Trust Fund available only to pay at maturity, or to redeem or buy before maturity, any obligation of the Federal Government included in the public debt (other than an obligation of the Federal Old-Age and Survivors Insurance Trust Fund, the Civil Service Retirement and Disability Fund, or the Department of Defense Military Retirement Fund). Prohibits the reissuance of any obligation which is paid, redeemed, or bought with amounts from the Trust Fund. Amends the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act) to provide for the sequestration of amounts designated to the Trust Fund. Specifies accounts exempt from such sequestration. Includes aggregated amounts designated to the Trust Fund and amounts sequestered to reduce the public debt in sequestration preview and final reports.
United States · United States Congress · 4 January 1995
TABLE OF CONTENTS: Title I: Capital Gains Reform Title II: Neutral Cost Recovery Title III: Risk Assessment and Cost/Benefit Analysis for New Regulations Subtitle A: Risk Assessment and Communication Subtitle B: Analysis of Risk Reduction Benefits and Costs Subtitle C: Peer Review Title IV: Establishment of Federal Regulatory Budget Cost Control Title V: Strengthening of Paperwork Reduction Act Subtitle A: Authorization of Appropriations Subtitle B: Reducing the Burden of Federal Paperwork on the Public Subtitle C: Enhancing Government Responsibility and Accountability for Reducing the Burden of Federal Paperwork Subtitle D: Enhancing Agency Responsibility for Sharing and Disseminating Public Information Subtitle E: Additional Government Information Management Responsibility Subtitle F: Effective Dates Title VI: Strengthening Regulatory Flexibility Title VII: Regulatory Impact Analyses Title VIII: Protection Against Federal Regulatory Abuse Subtitle A: Citizens' Regulatory Bill of Rights Subtitle B: Private Sector Whistleblowers' Protection Title IX: Private Property Rights Protections and Compensation Title X: Establishment of Federal Mandate Budget Cost Control Title XI: Taxpayer Debt Buy-Down Title XII: Small Business Incentives Job Creation and Wage Enhancement Act of 1995 - Tit: I: Capital Gains Reform - Amends the Internal Revenue Code to allow a 50 percent income tax deduction for the net capital gain of both corporate and noncorporate taxpayers. (Sec. 1002) Requires indexing, based on the gross national product deflator, of the adjusted basis of certain assets (corporate stock and tangible property that is a capital asset or property used in a trade or business) that have been held for more than one year at the time of sale or other transfer, solely for the purpose of determining gain or loss. (Sec. 1003) Allows an itemized deduction for losses arising from the sale or exchange of a principal residence. Title: : Neutral Cost Recovery - Allows the depreciation deduction to be computed based on a neutral recovery basis for property placed in service after December 31, 1994. Title III: Risk Assessment and Cost/Benefit Analysis for New Regulations - Subtitle A: Risk Assessment and Communication - Risk Assessment and Communication Act of 1995 - Requires the head of each Federal agency to apply specified principles when preparing risk assessments in order to assure that such assessments and all of their components distinguish scientific findings from other considerations and are scientifically objective, unbiased, and inclusive of all relevant data. (Sec. 3105) Directs such agencies to comply with specified requirements (with respect to risk estimates, exposure scenarios, comparisons, and substitution risks) in characterizing risk in any risk assessment document, regulatory proposal or decision, report to the Congress, or other document which is made available to the public. (Sec. 3106) Requires the President to: (1) issue guidelines, subject to periodic review, consistent with such risk assessment and characterization principles; and (2) provide a format for summarizing risk assessment results. Requires each Federal agency to publish a plan (including procedures for receiving and considering new information and risk assessments from the public) to review and revise any risk assessment published before a certain date if significant new information or methodologies are available that could significantly alter the results of such risk assessment; and evaluate for the Congress certain categories of policy and value judgments. Subtitle B: Analysis of Risk Reduction Benefits and Costs - Directs the President to require each executive agency to prepare specified assessments for each major rule designed to protect human health, safety, or the environment it proposes or promulgates. (Sec. 3201) Requires for any proposed or promulgated rule: (1) assessments of incremental costs and incremental risk reduction or other benefits associated with each significant regulatory alternative (SRA) considered in connection with the rule; (2) comparisons to other selected risks of any human health, safety, or environmental risks addressed by an SRA; and (3) a statement of substitution risks and other human health risks potentially posed by the SRAs. Requires for each final rule: (1) an assessment of the costs and risk reduction or other benefits associated with it, plus a certification that this assessment is based on an objective and unbiased scientific and economic evaluation of all significant and relevant information provided by interested parties; and (2) certain other certifications, including one that no statute-allowed regulatory alternative would achieve an equivalent risk reduction. Requires the head of each agency, for each such major rule, to publish its assessment information in the Federal Register. Subtitle C: Peer Review - Requires: (1) the head of each Federal agency to develop a systematic program meeting specified requirements for peer review of risk and economic assessments used by the agency for regulatory programs addressing human health, safety, or the environment; (2) each Federal agency to provide for peer review of scientific and economic information used for, among other things, evaluating certain risk assessments; and (3) the Director of the Office of Management and Budget (OMB) to order that peer review be provided for any major risk or cost assessment that may have a significant impact on public policy decisions. (Sec. 3301) Requires: (1) each Federal agency head to write a response to all significant peer review comments; and (2) all peer review comments, conclusions, and agency responses to be available to the public and part of the administrative record for judicial review purposes. Directs the President to appoint National Peer Review Panels to review annually all agency risk and cost assessment practices for programs designed to protect human health, safety, or the environment. Title IV: Establishment of Federal Regulatory Budget Cost Control - Amends the Congressional Budget Act of 1974 to require the Office of Management and Budget (OMB) and the Congressional Budget Office (CBO) to jointly report to the President and the Congress on direct costs to the private sector of complying with Federal regulations. Requires such reports to be issued in five-year intervals. Provides for initial and subsequent annual reports to the President and the Congress on an aggregate regulatory baseline which is a project of the aggregate direct cost to the private sector of complying with Federal regulations for budget years and outyears. Requires a concurrent resolution on the budget to include reconciliation directives specifying changes: (1) in laws and regulations necessary to reduce, by specified percentages, such direct costs; and (2) in laws necessary to reduce, by specified percentages, personnel and administrative overhead and to achieve programmatic savings. Provides for the allocation of aggregate two-year regulatory authority among congressional committees. Requires the CBO to submit to the appropriate committees (except the Committees on Appropriations) an analysis of private sector regulatory costs for each public bill or resolution. (Sec. 4002) Requires the President's annual budget submissions to comply with reconciliation directives. (Sec. 4003) Amends the Regulatory Flexibility Act to require Federal agencies to prepare an analysis of the costs that will be incurred by small entities, other businesses, and individuals in complying with proposed agency rules. Title V: Strengthening of Paperwork Reduction Act - Paperwork Reduction Act of 1995 - Subtitle A: Authorization of Appropriations - Amends Federal law to authorize increased appropriations to the Office of Information and Regulatory Affairs (OIRA). Subtitle B: Reducing the Burden of Federal Paperwork on the Public - Amends Federal law to: (1) ensure coverage of all aspects of federally imposed paperwork burdens; and (2) revise provisions on assignment of tasks and deadlines, providing for Government-wide as well as individual agency goals of further reductions in such burdens by five percent increments each fiscal year for five fiscal years. Subtitle C: Enhancing Government Responsibility and Accountability for Reducing the Burden of Federal Paperwork - Amends Federal law with respect to the authority and functions of the OMB Director and public information collection activities, among other changes providing for: (1) procedures under which an agency must estimate the burden of compliance with any proposed collection of information; (2) expedited OMB review of proposed information collection requests; and (3) protection for whistleblowers of unauthorized paperwork burden. (Sec. 5306) Revises public participation requirements with regard to the review of information collections. (Sec. 5307) Provides that upon the request of an agency head, the Director shall approve a proposed change to an existing information collection request within 30 days after receiving it. Subtitle D: Enhancing Agency Responsibility for Sharing and Disseminating Public Information - Gives the Director additional specified functions related to agency dissemination and sharing of public information. (Sec. 5402) Delineates agency responsibilities for sharing and disseminating public information. (Sec. 5403) Abolishes the Federal Information Locator System, replacing it with systems for agency inventory of information dissemination products, available for public access by electronic means at no charge. Subtitle E: Additional Government Information Management Responsibility - Revises the statistical policy and coordination functions of the OMB Director. (Sec. 5503) Requires the Director's annual report to the Congress on Federal information policy coordination activities to include certain additional information, including listings of increases in paperwork burdens. (Sec. 5504) Includes as a new automatic data processing function of the Director developing and annually revising a five-year plan for meeting the automatic data processing equipment and other information technology needs of the Federal Government. Subtitle F: Effective Dates - Sets forth the effective dates for this title. Title VI: Strengthening Regulatory Flexibility - Amends Federal civil service law to repeal the ban on judicial review of regulatory flexibility analyses and other specified applications of such law to agency actions. (Sec. 6002) Requires consideration of direct and indirect effects of rules, as well as transmittal of proposed rules and initial regulatory flexibility analysis to the Chief Counsel for Advocacy of the Small Business Administration for possible reply in the form of a statement of opposition to the proposed rule. (Sec. 6004) Expresses the sense of the Congress that such official should be permitted to appear as amicus curiae in any action or case brought in a U.S. court for the purpose of reviewing a rule. Title VII: Regulatory Impact Analyses - Administrative Procedure Reform Act of 1995 - Amends Federal civil service law to: (1) provide for rulemaking notices for major rules, including a final Regulatory Impact Analysis; (2) add hearing requirements for proposed rules; (3) extend the comments period; and (4) require the head of an agency to publish in the Federal Register responses to comments received regarding the rule. (Sec. 7004) Provides for the general application of Executive Order 12291 (relating to Federal regulation requirements and regulatory impact analysis) to each agency, with each preliminary and final Regulatory Impact Analysis required for a rule under the Order containing specified information in lieu of the information currently required. (Sec. 7005) Prohibits an agency from adopting a major rule unless the final Regulatory Impact Analysis for the rule is approved by the OMB Director or by an individual designated by the Director for that purpose. (Sec. 7006) Prohibits, to the extent practicable, the head of an agency from publishing in the Federal Register any proposed major rule, summary of a proposed major rule, or Regulatory Impact Analysis unless the OMB Director certifies that, among other things, it: (1) is written in a reasonably simple and understandable manner and is easily readable; and (2) provides adequate notice of the content of the rule, summary, or Analysis to affected and interested persons that have some subject matter expertise. (Sec. 7007) Requires the OMB Director to report to the Congress analyses of rulemaking procedures of Federal agencies and their impact on the regulated public and regulatory process. Title VIII: Protection Against Federal Regulatory Abuse - Subtitle A: Citizens' Regulatory Bill of Rights - Grants certain regulatory rights, such as the right to have an attorney or accountant present, to any person who is the target of a Federal investigative or enforcement action upon the initiation of an inspection, investigation, or other official proceeding directed against that person, except in cases where to do so would substantially delay responding to an imminent danger to person or property or substantially or unreasonably impede a criminal investigation. Subtitle B: Private Sector Whistleblowers' Protection - Private Sector Whistleblowers' Protection Act of 1995 - Outlines protection against reprisal through specified prohibited regulatory practices for disclosure of information that any person subject to Federal or certain State regulation believes is indicative of waste, fraud, or abuse. (Sec. 8208) Provides that any person with reason to believe that an agency employee has engaged in a prohibited regulatory practice may request the Special Counsel to investigate. Title IX: Private Property Rights Protections and Compensation - Entitles a private property owner to receive compensation from the United States in accordance with specified guidelines for any agency infringement or deprivation of rights with regard to their property. Prescribes procedures for obtaining such compensation. Title X: Establishment of Federal Mandate Budget Cost Control - Amends the Congressional Budget Act of 1974 to set forth reporting requirements for OMB and CBO with respect to reducing the direct costs to States and local governments of complying with Federal mandates. Requires concurrent resolutions on the budget to provide for such reductions until such costs do not exceed three percent of the estimated gross domestic product for the same fiscal year as the costs will be incurred. Requires CBO to prepare an analysis of mandated costs for States and local governments for each public bill or resolution reported in the Congress (except those from Appropriations Committees). Requires a similar analysis in the President's annual budget submissions. (Sec. 10003) Requires initial regulatory flexibility analyses for proposed rules that establish or implement new Federal mandates to contain a description of the nature and amount of monetary costs to be incurred by State and local governments. Requires Federal agencies to prepare a cost estimate and cost/benefit analysis of such mandates that would cost State and local governments at least $10 million for a fiscal year. Title XI: Taxpayer Debt Buy-Down - Amends the Internal Revenue Code to allow every individual with adjusted income tax liability to designate on their tax returns that a portion of such liability (not to exceed ten percent) be used to reduce the public debt. (Sec. 11002) Establishes a Public Debt Reduction Trust Fund for the deposit of designated amounts. Makes amounts in such Trust Fund available only to pay at maturity, or to redeem or buy before maturity, any obligation of the Federal Government included in the public debt. Prohibits the reissuance of any obligation which is paid, redeemed, or bought with amounts from the Trust Fund. (Sec. 11003) Amends the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act) to provide for the sequestration of amounts designated to the Trust Fund. Specifies accounts exempt from such sequestration. Includes aggregated amounts designated to the Trust Fund and amounts sequestered to reduce the public debt in sequestration preview and final reports. Title XII: Small Business Incentives - Amends the Internal Revenue Code to increase the unified credit against the estate tax and the unified credit against the gift tax and provide a cost-of-living adjustment for such credits. (Sec. 12002) Increases the dollar limitation on the election to expense certain depreciable business assets. (Sec. 12003) Provides qualifications for a home office as a principal place of business for purposes of the deductibility of expenses.
United States · United States Congress · 4 January 1995
TABLE OF CONTENTS: Title I: Effective Death Penalty Subtitle A: Habeas Corpus Reform Subtitle B: Federal Death Penalty Procedures Reform Title II: Deterring Gun Crimes Title III: Mandatory Victim Restitution Title IV: Law Enforcement Block Grants Title V: Truth in Sentencing Grants Title VI: Exclusionary Rule Reform Title VII: Stopping Abusive Prisoner Lawsuits Title VIII: Further Streamlining Deportation of Criminal Aliens Title IX: Amendments to Violent Crime Control and Law Enforcement Act Taking Back Our Streets Act of 1995 - Title I: Effective Death Penalty - Subtitle A: Habeas Corpus Reform - Chapter 1: Post Conviction Petitions: General Habeas Corpus Reform - Amends the Federal judicial code to establish a one-year statute of limitations for habeas corpus actions brought by State prisoners. (Sec. 102) Vests authority to issue certificates of probable cause for appeal of habeas corpus orders exclusively in the courts of appeals. Prohibits an appeal from being taken to the court of appeals from the final order in a habeas corpus proceeding where the detention complained of arises out of process issued by a State court, or from the final order involving a prisoner in Federal custody, unless a circuit justice or judge issues a certificate of probable cause. Authorizes the issuance of such certificate only if the petitioner has made a substantial showing of the denial of a Federal right and if the certificate indicates which specific issues satisfy this standard. (Sec. 104) Permits the denial of a habeas corpus petition on the merits notwithstanding the failure of the applicant to exhaust State court remedies. (Sec. 105) Imposes a two-year period of limitation for filing for collateral relief by Federal prisoners. Chapter 2: Special Procedures for Collateral Proceedings in Capital Cases - Sets forth special habeas corpus procedures in capital cases, including provisions regarding the appointment, and claims of ineffectiveness, of counsel. Specifies that, if a stay of execution has expired, no Federal court thereafter shall have the authority to enter a stay or grant relief in a capital case unless: (1) the basis for the stay and request for relief is a claim not previously presented in the State or Federal courts; (2) the failure to raise the claim is the result of State action in violation of the Constitution or U.S. law or the result of Supreme Court recognition of a new Federal right that is retroactively applicable or is based on a factual predicate that could not have been discovered through the exercise of reasonable diligence in time to present the claim for State or Federal post-conviction review; and (3) the facts underlying the claim would be sufficient to establish by clear and convincing evidence that but for constitutional error no reasonable fact finder would have found the petitioner guilty of the underlying offense or eligible for the death penalty under State law. Denies any Federal district court or appellate judge the authority to enter a stay, issue injunctive relief, or grant any equitable or other relief in a capital case on any successive habeas petition unless the court first determines that the petition or other action does not constitute an abuse of the writ. Permits such determination to be made only by the district judge or appellate panel that adjudicated the merits of the original habeas petition, with an exception. Allows a stay to issue under this provision in the Federal courts of appeal only when a majority of the original panel or of the active judges determines the petition does not constitute an abuse of the writ. Sets forth provisions regarding: (1) filing of habeas corpus petitions; (2) State unitary review procedures; and (3) limitation periods for determining petitions. Specifies that the adjudication of any petition for habeas corpus with respect to State prisoners and of any motion for habeas corpus regarding Federal prisoners by a person under sentence of death shall be given priority by the district court and by the court of appeals over all non-capital matters. Chapter 3: Funding for Litigation of Federal Habeas Corpus Petitions in Capital Cases - Amends the Omnibus Crime Control and Safe Streets Act of 1968 to require the Director of the Bureau of Justice Assistance (BJA) to provide grants to the States to support litigation pertaining to Federal habeas corpus petitions in capital cases. Subtitle B: Federal Death Penalty Procedures Reform - Amends the Violent Crime Control and Law Enforcement Act of 1994 (VCCLEA) to provide that the jury (or if there is no jury, the court), in determining whether a sentence of death is justified, shall: (1) consider whether the aggravating factor or factors found to exist outweigh any mitigating factors; and (2) recommend a death sentence if it unanimously finds at least one aggravating factor and no mitigating factor or if it finds one or more aggravating factors which outweigh any mitigating factors. Directs that the jury be instructed that: (1) it must avoid any influence of sympathy, sentiment, passion, prejudice, or other arbitrary factors in its decision and should make such a recommendation as the information warrants; and (2) its recommendation is to be based on the aggravating factors and any mitigating factors which have been found, but that the final decision concerning the balance of aggravating and mitigating factors is a matter for the jury's judgment. Title II: Deterring Gun Crimes - Amends the Federal criminal code to set mandatory prison terms for carrying, using, or discharging a firearm or destructive device during a State crime that is a serious violent felony or a serious drug offense, except for the conduct of a person in defense of person or property during the course of a crime committed by another unless the person engaged or participated in criminal conduct that gave rise to the criminal conduct of such other individual. Sets forth mandatory penalties for carrying, using, or discharging: (1) a firearm, a short-barreled rifle or shotgun, a semiautomatic assault weapon, or a machine gun or destructive device or firearm equipped with a silencer in relation to a crime of violence or drug trafficking crime for which the person may be prosecuted in Federal court; and (2) a firearm during and in relation to a crime of violence or drug trafficking crime for which the person may be prosecuted in Federal court or a serious violent felony or serious drug offense for which the person may be prosecuted in State court, with respect to a person who has been previously convicted of certain firearms offenses. Prohibits the court from imposing a probationary sentence on any person convicted of a violation of this title or from making a term of imprisonment imposed under this title run concurrently with any other term of imprisonment including that imposed for the crime of violence or drug trafficking crime in which the firearm was used. Title III: Mandatory Victim Restitution - Amends the Federal criminal code to require (current law authorizes) the court to order restitution of the victim when sentencing a defendant convicted of specified offenses, including offenses under the Federal Aviation Act of 1958. Permits the court to order restitution of any person harmed physically, emotionally, or pecuniarily by unlawful conduct of the defendant during the criminal episode during which the offense occurred, or in the course of a scheme, conspiracy, or pattern of unlawful activity related to the offense. Directs the court to: (1) order restitution to a victim in the full amount of the victim's losses without consideration of the economic circumstances of the offender or the fact that a victim has received or is entitled to receive compensation with respect to a loss from insurance or any other source; and (2) specify in the restitution order, upon determination of the amount owed to each victim, the manner in which and the schedule according to which the restitution is to be paid. Specifies that a restitution order: (1) shall constitute a lien against all property of the offender and may be recorded in any Federal or State office for the recording of liens against real or personal property; and (2) may be enforced by the United States and by a victim named in the order in the same manner as a judgment in a civil action. Title IV: Law Enforcement Block Grants - Repeals the Public Safety Partnership and Community Policing Act of 1994 (title I of the VCCLEA), replacing it with a law enforcement block grant program. Requires the Director of BJA to pay to each unit of local government which qualifies for a payment an amount equal to the sum of any amounts allocated to such unit under such title for each payment period. Directs that sums paid to such units be used by such units for reducing crime and improving public safety, including: (1) hiring, training, and employing on a continuing basis new, additional law enforcement officers and necessary support personnel, paying overtime to presently employed officers and personnel, and procuring equipment, technology, and other material directly related to basic law enforcement functions; (2) enhancing school security measures; and (3) establishing crime prevention programs that are organized or supervised by, or involve substantial participation of, law enforcement officials and that are intended to discourage, disrupt, or interfere with the commission of criminal activity. Sets forth provisions regarding: (1) the timing of payments; (2) payment adjustments; (3) repayment of unexpended amounts; (4) qualification for payment; (5) review by governors; (6) sanctions for noncompliance; (7) allocation and distribution of funds; (8) utilization of the private sector; and (9) public participation. Authorizes appropriations. Title V: Truth in Sentencing Grants - Repeals provisions of the VCCLEA regarding violent offender incarceration and truth-in-sentencing incentive grants. Sets forth provisions governing a truth-in-sentencing grant program. Authorizes the Attorney General to provide grants to eligible States and to eligible States organized as regional compacts (States) to build, expand, and operate: (1) space in correctional facilities in order to increase the prison bed capacity for persons convicted of a serious violent felony; and (2) temporary or permanent correctional facilities, including facilities on military bases, for the confinement of convicted nonviolent offenders and criminal aliens for the purpose of freeing suitable existing prison space for persons convicted of a serious violent felony. Directs that 50 percent of the total amount of funds made available under this title for each of FY 1995 through 2000 be available for general eligibility grants and 50 percent for truth-in-sentencing incentive grants for each State that meets the following requirements: (1) for general grants, such State, since 1993, has increased the percentage of convicted violent offenders sentenced to prison and the average prison time and percentage of sentence actually to be served in prison by such offenders; and (2) for sentencing incentive grants, a State submits an application to the Attorney General providing assurances that it has enacted laws and regulations which include truth-in-sentencing laws that require persons convicted of a serious violent felony to serve not less than 85 percent of the sentence imposed or of the court-ordered maximum sentence for States that practice indeterminate sentencing, truth-in-sentencing laws which have been enacted but not yet implemented that require such State, within three years, to provide that persons convicted of such a felony serve not less than 85 percent of the sentence imposed (or of the court-ordered maximum sentence), and laws requiring that the sentencing or releasing authorities notify and allow the defendant's victims or the family of victims the opportunity to be heard regarding the issue of sentencing and any post-conviction release. Sets forth provisions regarding: (1) special rules; (2) the formula for grants; and (3) accountability. Authorizes appropriations. Prohibits the use of funds for other purposes authorized by the VCCLEA in FY 1995 through 1999 unless the truth-in-sentencing programs are fully funded in such years. Title VI: Exclusionary Rule Reform - Amends the Federal criminal code to prohibit, in a proceeding in a court of the United States, the exclusion of evidence on the ground that: (1) the search or seizure was in violation of the Fourth Amendment of the U.S. Constitution if it was carried out in circumstances justifying an objectively reasonable belief that it was in conformity with the Fourth Amendment (makes the fact that evidence was obtained pursuant to and within the scope of a warrant prima facie evidence of the existence of such circumstances); and (2) it was obtained in violation of a statute, administrative rule or regulation, or rule of procedure unless exclusion is expressly authorized by statute or by rule prescribed by the Supreme Court pursuant to statutory authority. Title VII: Stopping Abusive Prisoner Lawsuits - Amends the Civil Rights of Institutionalized Persons Act to prohibit an adult convicted of a crime who is confined in any correctional facility from bringing a civil action for deprivation of rights until such plain, speedy, and effective administrative remedies as are available are exhausted. (Sec. 702) Directs the court, on its own motion or on motion of a party, to dismiss specified actions brought by an adult convicted of a crime and confined in any correctional facility if the court is satisfied that the action fails to state a claim upon which relief can be granted or is frivolous or malicious. (Sec. 703) Repeals a provision of such Act requiring that the minimum standards provide for an advisory role for employees and inmates of a correctional facility in the formulation, implementation, and operation of the system for resolution of inmate grievances. (Sec. 704) Amends the Federal judicial code to require: (1) the court to dismiss a case in a forma pauperis proceeding if the allegation of poverty is untrue or if the action fails to state a claim upon which relief may be granted or is frivolous or malicious, even if partial filing fees have been imposed by the court; (2) a prisoner in a correctional institution who files an affidavit to include a statement of all assets such prisoner possesses; and (3) the court to ask the correctional institution for information relating to the prisoner's assets and to require full or partial payment of filing fees according to the prisoner's ability to pay. Title VIII: Further Streamlining Deportation of Criminal Aliens - Amends the Immigration and Nationality Act to expand the definition of "aggravated felony" to include various offenses such as an offense relating to: (1) commercial bribery, counterfeiting, forgery, or trafficking in vehicles the identification numbers of which have been altered for which a sentence of five years' imprisonment or more may be imposed; (2) perjury or subornation of perjury for which a sentence of five years' imprisonment or more may be imposed; and (3) a failure to appear before a court pursuant to a court order to answer or dispose of a charge of a felony for which a sentence of two years' imprisonment or more may be imposed. (Sec. 802) Authorizes the Attorney General to issue an order of deportation without an administrative hearing or administrative review for any alien who was not lawfully admitted for permanent residence or who had permanent resident status on a conditional basis and whom the Attorney General determines is deportable and has been convicted of an aggravated felony. Prohibits the Attorney General from executing such an order until 14 calendar days from the date the order was issued, unless waived by the alien, to give the alien the opportunity to apply for judicial review. Limits judicial review of such determinations. Provides that an alien convicted of an aggravated felony shall be conclusively presumed to be deportable. (Sec. 803) Restricts defenses to exclusion and deportation for certain aliens convicted of aggravated felonies. (Sec. 804) Limits collateral attacks on deportation orders. (Sec. 805) Directs the Commissioner to operate a criminal alien tracking center. (Sec. 806) Permits the Attorney General to authorize deportation hearings by electronic or telephonic media with the alien's consent or, where waived or agreed to by the parties, in the alien's absence. Title IX: Amendments to Violent Crime Control and Law Enforcement Act - Repeals provisions of the VCCLEA regarding drug courts and crime prevention provisions concerning: (1) the Ounce of Prevention Council; (2) the local crime prevention block grant program; (3) model intensive grant programs; (4) the family and community endeavor schools grant program; (5) assistance for delinquent and at-risk youth; (6) police recruitment; (7) the Local Partnership Act; (8) the National Community Economic Partnership Act; (9) urban recreation and at-risk youth; (10) community-based justice grants for prosecutors; and (11) the Family Unity Demonstration Project Act. Repeals the Violent Offender Incarceration and Truth in Sentencing Incentive Grants program under the VCCLEA.
United States · United States Congress · 4 January 1995
Line Item Veto Act - Grants the President legislative line item veto rescission authority. Authorizes the President to rescind all or part of any discretionary budget authority or veto any targeted tax benefit if the President determines that such rescission: (1) would help reduce the Federal budget deficit; (2) will not impair any essential Government functions; and (3) will not harm the national interest. Requires the President to notify the Congress of such a rescission or veto by special message after enactment of appropriations legislation providing such budget authority or a revenue Act containing a targeted tax benefit. Makes such a rescission effective unless the Congress enacts a rescission disapproval bill. Describes: (1) information to be included in the President's message; and (2) procedures to govern consideration of rescission disapproval legislation in the Senate and the House of Representatives.
United States · United States Congress · 4 January 1995
TABLE OF CONTENTS: Title I: Review of Unfunded Federal Mandates Title II: Regulatory Accountability and Reform Title III: Legislative Accountability and Reform Unfunded Mandate Reform Act of 1995 - Prohibits this Act from applying to any provision in a Federal statute or proposed or final Federal regulation that: (1) enforces constitutional rights of individuals; (2) establishes or enforces any statutory rights that prohibit discrimination on the basis of race, religion, gender, national origin, or handicapped or disability status; (3) requires compliance with accounting and auditing procedures with respect to grants or other money or property provided by the Federal Government; (4) provides for emergency assistance or relief at the request of any State, local, or tribal government; (5) is necessary for national security or ratification or implementation of international treaty obligations; or (6) is designated as emergency legislation. Title I: Review of Unfunded Federal Mandates - Establishes the Commission on Unfunded Federal Mandates to investigate and review the role of unfunded Federal mandates in intergovernmental relations and their impact on State, local, tribal, and Federal government objectives and responsibilities. Requires the Commission to make recommendations to the President and the Congress with regard to: (1) allowing flexibility where the terms of compliance are unnecessarily rigid or complex; (2) consolidating or simplifying unfunded Federal mandates in order to facilitate compliance; (3) terminating those mandates which are duplicative, obsolete, or lacking in practical utility; and (4) temporarily suspending those mandates which are not vital to public health and safety and which compound the fiscal difficulties of State, local, and tribal governments. (Sec. 107) Authorizes appropriations. Title II: Regulatory Accountability and Reform - Requires each Federal agency, to the extent permitted under current law, to: (1) assess the effects of Federal regulations on States, local, and tribal governments, and the private sector (other than to the extent that such regulations incorporate requirements specifically set forth in legislation), including specifically the availability of resources to carry out any Federal mandates in those regulations; and (2) seek to minimize those burdens that uniquely or significantly affect such governmental entities or the private sector, consistent with achieving statutory and regulatory objectives. (Sec. 201) Directs each agency to develop an effective process to permit elected officials and other representatives of States and local and tribal governments to provide meaningful and timely input in the development of regulatory proposals containing significant Federal intergovernmental mandates. Requires each agency, before establishing regulatory requirements, to develop plans for: (1) notifying small governments of such requirements; (2) enabling their officials to provide appropriate input into the regulatory process; and (3) preparing estimates of the effect of Federal private sector mandates on the national economy. (Sec. 202) Requires each agency to prepare a written statement of specified estimates and analyses before promulgating any notice of proposed rulemaking or final rule including Federal mandates that may result in private or public sector expenditures of $100 million or more in any one year. (Sec. 203) Directs the Director of the Office of Management and Budget (OMB) to collect such statements and forward copies to the CBO Director. (Sec. 204) Requires the OMB Director to establish pilot programs in at least two agencies to test innovative and more flexible regulatory approaches that: (1) reduce reporting and compliance burdens on small governments; and (2) meet overall statutory goals and objectives. Title III: Legislative Accountability and Reform - Amends the Congressional Budget Act of 1974 to add provisions on Federal mandates, with applicability limited in the same manner as indicated before in title I. (Sec. 301) Provides that when a congressional authorization committee orders a public bill or joint resolution reported, the committee shall promptly provide the text of the legislation to the CBO Director, identifying any Federal mandate in it. Requires, when such a committee reports legislation including any Federal mandate, that the accompanying report contain certain information, including statements on whether the legislation is intended to preempt any State, local, or tribal law (and the reasons for such intention), as well as individual mandate descriptions, cost- benefit analyses, and statements regarding Federal financial assistance to State, local, and tribal governments for meeting mandate costs. Requires the CBO Director, for each piece of legislation, to prepare and submit to such committee certain statements estimating the direct costs of mandate compliance and the amount of new or increased Federal financial assistance needed to meet such costs, if the estimates indicate at least a $50 million per fiscal year direct cost of all intergovernmental mandates in the legislation, or a $100 million per fiscal year direct cost of private sector mandates. Provides that, at the request of any congressional committee, the CBO Director shall: (1) consult with and assist it in analyzing the budgetary or financial impact of any proposed legislation that may have a significant impact on the State, local, or tribal government involved or on the private sector; and (2) study any legislative proposal containing a Federal mandate. Requires the CBO Director to conduct continuing studies to enhance comparisons of budget outlays, credit authority, and tax expenditures. Requires any congressional committee that anticipates considering proposed legislation establishing, amending, or reauthorizing any Federal program likely to have a significant budgetary impact on the State, local, or tribal government involved, or to have a significant financial impact on the private sector, to include that information in its views and estimates on that proposal to the applicable budget committee. Authorizes appropriations to CBO to carry out such new requirements under the Congressional Budget Act of 1974. Makes it out of order for the House of Representatives or the Senate to consider: (1) any reported nonappropriations legislation unless it has a CBO Director report; or (2) any reported nonappropriations legislation containing a Federal intergovernmental mandate with direct costs exceeding the thresholds specified by this Act, unless it provides for new or increased budget, entitlement, or direct spending authority or makes other specified arrangements for each fiscal year to ensure that Federal funds equal or exceed the estimated direct costs of the mandate, or that State, local, and tribal programmatic and financial responsibilities are reduced so they do not exceed the amount of Federal funding. Requires the direct costs of a Federal mandate for a fiscal year to be determined based on estimates by congressional budget committees. Gives the Committee on Government Reform and Oversight of the House and the Committee on Governmental Affairs of the Senate final authority to determine whether a piece of legislation contains a Federal mandate. Provides that it shall not be in order in the House of Representatives to consider a rule or order waiving application of these provisions to a bill or joint resolution reported by an authorization committee. (Sec. 302) Amends House rules with regard to the Committee of the Whole and Committee on Rule: (1) to make it always in order in the former to strike from the portion of any bill open to amendment any Federal mandate whose direct costs exceed the prescribed threshold; and (2) to require the latter to include in its reports on waived points of order a separate item identifying all waivers of points or order relating to Federal mandates. (Sec. 305) Repeals the State and Local Government Cost Estimate Act of 1981.
United States · United States Congress · 4 January 1995
Congressional Accountability Act of 1995 - Applies, by a specified conditional date, provisions of the following laws to the legislative branch: (1) the Fair Labor Standards Act of 1938; (2) title VII of the Civil Rights Act of 1964; (3) the Americans With Disabilities Act of 1990; (4) the Age Discrimination in Employment Act of 1967; (5) titles I and V of the Family and Medical Leave Act of 1993; (6) the Occupational Safety and Health Act of 1970 (OSHA); (7) provisions relating to Federal labor management relations; (8) with the exception of the U.S. Capitol Police, the Employee Polygraph Protection Act of 1988; (9) the Worker Adjustment and Retraining Notification Act; and (10) the Rehabilitation Act of 1973. Requires that an action to abate a violation of OSHA for which a citation is received take place as soon as possible, but no later than the fiscal year after the citation is issued. (Sec. 4) Establishes in the legislative branch an Office of Compliance to study and report to the Congress on: (1) the application of such laws to the legislative branch; (2) an examination of the procedures used by the instrumentalities to enforce the application of such laws; and (3) a determination as to whether to direct an instrumentality to make improvements in its regulations and procedures so as to assure that they are as effective as those specified in this Act. Authorizes the Office's Board of Directors to direct an instrumentality that has no such procedures to adopt the requisite procedures. Requires the Board to issue regulations governing such applicability which shall be subject to congressional approval. Makes applicable to the legislative branch any provision of Federal law to the extent that it relates to terms and conditions of employment (including protection from discrimination in personnel actions, health and safety of employees, and family and medical leave). Directs the Office, on an ongoing basis, to: (1) determine which of such laws should apply to the legislative branch; (2) study the application to the legislative branch of laws enacted after enactment of this Act; and (3) issue regulations to apply such laws to the legislative branch subject to congressional approval. Sets forth House and Senate procedures for concurrent resolutions to disapprove such regulations. (Sec. 6) Requires the Office to: (1) carry out an education program for Members of Congress and other employing authorities of the legislative branch respecting the laws made applicable to them and a program to inform individuals of their rights under such laws and this Act; (2) publish statistics on the use of the Office by congressional employees; and (3) develop a system for the collection of demographic data on the composition of the congressional employees. Requires the Board to submit to the Congress annual reports on the information collected under such system. (Sec. 7) Sets forth procedure for consideration of alleged violations of the laws made applicable to the legislative branch consisting of the following steps: (1) counseling through the Office; (2) mediation with the Office; (3) a formal complaint and hearing by a board; (4) judicial review if a congressional employee is aggrieved by a dismissal, final decision, or an order by the hearing board or if a head of an employing office is aggrieved by a final decision or would be subject to an order issued by such board; and (5) as an alternative to steps 3 and 4, a civil action in a U.S. district court. (Sec. 14) Declares that any intimidation of, or reprisal against, any employee because of the exercise of a right under this Act constitutes an unlawful employment practice that may be remedied in the same manner as a violation of law made applicable to the legislative branch under this Act. (Sec. 15) Requires all counseling, mediation, and hearings and deliberations of a hearing board to be confidential. Permits the records of hearing boards to be made public if required for judicial review. Authorizes the House Committee on Standards of Official Conduct and the Senate Select Committee on Ethics to have access to the hearing of the hearing board only after the board has made a decision with respect to the matter. (Sec. 17) Provides that this Act shall not be construed to authorize enforcement by the executive branch of any of the laws made applicable to congressional employees under this Act. Limits a congressional employee to the judicial proceeding provided by this Act to redress prohibited practices. (Sec. 18) Requires the Office to study and report to the Congress on: (1) the ways that public access to information held by the Congress may be improved, streamlined, and made consistent between the House and the Senate; and (2) the application of the Freedom of Information Act and the Right to Privacy Act to the legislative branch.
United States · United States Congress · 4 January 1995
Expresses the sense of the Congress that the Constitution provides that all citizens have the right to keep and bear arms and that such right supersedes the power and authority of any government.
United States · United States Congress · 4 January 1995
Expresses the sense of the Congress that the current Federal income tax deduction for interest paid on debt secured by a first or second home should not be further restricted.
United States · United States Congress · 7 October 1994
Expresses the sense of the House of Representatives that: (1) a continued Federal commitment to the railroad retirement system is essential to assure the integrity of railroad retirees' benefits; and (2) the National Performance Review's proposal to dismantle and transfer the administrative functions of the railroad retirement system to other Federal agencies and eliminate the Railroad Retirement Board should be rejected.
United States · United States Congress · 29 September 1994
TABLE OF CONTENTS: Title I: Eliminating Excessive and Redundant Appeals Title II: Reform of Exclusionary Rule Title III: Prisons Title IV: Enhanced Gun Penalties Title V: Death Penalty Title VI: Civil Rights of Institutionalized Persons Act Title VII: Conditions of Confinement Victims' Rights Act of 1994 - Title I: Eliminating Excessive and Redundant Appeals - Amends the Federal judicial code to establish a one-year statute of limitations for habeas corpus actions brought by State prisoners. Vests authority to issue certificates for probable cause for appeal of habeas corpus orders exclusively in the courts of appeals. Permits denial on the merits of habeas corpus writs notwithstanding the failure to exhaust State remedies. Establishes a two-year statute of limitations for Federal prisoners filing for collateral relief. (Sec. 106) Sets forth special habeas corpus procedures for cases brought by prisoners in State custody who are subject to a capital sentence, provided that: (1) a State establishes by rule of its court of last resort or by statute a mechanism for the appointment, compensation, and payment of reasonable litigation expenses of competent counsel in State post-conviction proceedings brought by indigent prisoners whose capital convictions and sentences have been upheld on direct appeal to such court or have otherwise become final; and (2) such rule or statute provides standards of competency for the appointment of counsel. Provides for a mandatory stay of execution during the post-conviction review initiated pursuant to this title. Details conditions which will cause such stay to expire. Prohibits a Federal court from entering a stay of execution or granting relief in a capital case unless specified conditions are met. Sets forth time limits for determining petitions. Authorizes the State or Government to enforce such time limits by applying to the court of appeals or the Supreme Court for a writ of mandamus. Title II: Reform of Exclusionary Rule - Amends the Federal criminal code to prohibit the exclusion of evidence obtained as a result of a search or seizure on the grounds that the search or seizure was in violation of the Fourth Amendment of the Constitution if the search or seizure was carried out in circumstances justifying an objectively reasonable belief that it was in conformity with such amendment. Makes the fact that evidence was obtained pursuant to and within the scope of a warrant prima facie evidence of the existence of such circumstances. Prohibits the exclusion of evidence on the ground that it was obtained in violation of a statute, administrative rule or regulation, or rule of procedure unless expressly authorized by statute or rule prescribed by the Supreme Court pursuant to statutory authority. Title III: Prisons - Requires the Attorney General to implement and enforce regulations which: (1) mandate prison work for all able-bodied inmates in Federal penal and correctional institutions; and (2) prohibit the Government provision in inmates' cells of television, radio, telephone, stereo, or similar amenities. (Sec. 302) Directs the Bureau of Prisons to take care that: (1) prisoners under its jurisdiction do not engage in any activities designed to increase both their physical strength and their fighting ability; and (2) all equipment designed for this purpose be removed from Federal correctional facilities. Title IV: Enhanced Gun Penalties - Enhances penalties for persons convicted of using or carrying a firearm during and in relation to the commission of a felony. Title V: Death Penalty - Amends the Violent Crime Control and Law Enforcement Act of 1994 to revise procedures involving jury findings in capital cases. Directs the jury or, if there is no jury, the court to: (1) consider whether aggravating factors outweigh any mitigating factors; (2) recommend a sentence of death if it unanimously finds at least one aggravating factor and no mitigating factor or if it finds one or more aggravating factors which outweigh any mitigating factors; and (3) not recommend such sentence in any other case. Requires the jury to be instructed that: (1) it must avoid any influence of sympathy, sentiment, passion, prejudice, or other arbitrary factors in its decision and should make such a recommendation as the information warrants; and (2) its recommendation concerning a sentence of death is to be based on the aggravating and mitigating factors found, but that the final decision concerning the balance of aggravating and mitigating factors is a matter for the jury's judgment. Title VI: Civil Rights of Institutionalized Persons Act - Amends the Civil Rights of Institutionalized Persons Act to prohibit any civil action for deprivation of rights from being brought by an adult convicted of a crime confined in any correctional facility until available plain, speedy, and effective administrative remedies are exhausted. Specifies that such exhaustion of administrative remedies may not be required unless the Attorney General has certified or the court has determined that such remedies are in substantial compliance with specified minimum acceptable standards (as under current law) or are otherwise fair and effective. (Sec. 602) Requires the court to dismiss any such action if satisfied that the action fails to state a claim upon which relief can be granted or is frivolous or malicious. (Sec. 603) Repeals a provision requiring that the minimum standards provide for an advisory role for employees and inmates in the formulation, implementation, and operation of the system. (Sec. 604) Requires the Attorney General to develop a procedure for the prompt review and certification of systems for the resolution of grievances of adults confined in any correctional or pretrial detention facility if such systems are in substantial compliance with the minimum standards (current law) or are otherwise fair and effective. Authorizes the Attorney General to suspend or withdraw certification at any time he has reasonable cause to believe that such procedure is no longer in substantial compliance or is no longer fair and effective. (Sec. 605) Amends the Federal judicial code to authorize the court to request an attorney to represent a person financially unable to employ counsel (current law) at any time. Requires (current law authorizes) the court to dismiss the case if the allegation of poverty is untrue, or if satisfied that the action is frivolous or malicious. Requires: (1) a prisoner in a correctional institution who files an affidavit of indigency to include a statement of all assets such prisoner possesses; and (2) the court to make inquiry of the institution for information relating to the extent of the prisoner's assets and to require full or partial payment of filing fees according to the prisoner's ability to pay. Title VII: Conditions of Confinement - Amends the Federal judicial code to deny the district court in any action challenging the constitutionality of conditions of confinement in any correctional institution housing persons accused or convicted of a crime or juveniles adjudicated delinquent, jurisdiction to issue or enforce any order that: (1) imposes a ceiling on the population of any institution or requires any adjustment of the release dates of inmates; or (2) prohibits the use of tents or prefabricated structures for housing inmates.
United States · United States Congress · 29 September 1994
TABLE OF CONTENTS: Title I: Legislative Accountability and Reform Title II: Regulatory Accountability and Reform Title III: Judicial Review Title IV: Baseline Study Title V: Limitation on Implementation of Federal Mandates; Review and Monitoring of Unfunded Federal Mandates and Implementation of Act Title VI: Private Sector Costs Federal Mandates Relief for State and Local Government Act of 1994 - Title I: Legislative Accountability and Reform - Provides that when an authorization committee of the House of Representatives or the Senate reports a public bill or joint resolution including any Federal mandate, the committee shall identify such mandate to the Director of the Congressional Budget Office (CBO) and issue a report along with the legislation containing, among other things, statements of: (1) the expected direct costs to States and local and tribal governments required to comply with the mandate; (2) the Federal sources available for assisting such entities to meet direct mandate costs, as well as the amount, if any, of new or increased appropriations provided by the legislation; and (3) the possible benefits anticipated from the mandate and whether or not preemptions of State, local, or tribal law will occur because of such mandate, along with the reasons for enacting such preemptions. Requires that, as early as practicable in each new Congress, any congressional committee which anticipates considering proposed legislation establishing, amending, or reauthorizing any Federal program likely to have a significant budgetary impact on State, local, or tribal governments request the CBO Director to study such proposed legislation to develop information that may be useful in analyzing the costs of any Federal mandates, especially unfunded Federal mandates, that may be included in it. Requires the Director to prepare and submit to the appropriate committee estimates for each public bill or joint resolution reported by an authorization committee of the costs of all mandates in the particular legislation. Authorizes appropriations to CBO to carry out this Act. Sets forth guidelines for congressional consideration of measures reported by authorization committees, making it out of order, for example, to consider legislation containing a Federal mandate which does not contain funding for it, subject to waiver under certain conditions. Amends the Rules of the House of Representatives with regard to voting for measures containing mandates, adding requirements for a seven-day layover for certain measures. Title II: Regulatory Accountability and Reform - Requires each agency to assess the effects of Federal regulations on States, and local and tribal governments, including the specific availability of resources to carry out any mandates in those regulations, and seek to minimize those burdens that uniquely or significantly affect such governmental entities, consistent with achieving statutory and regulatory objectives. Requires each agency to: (1) develop an effective process to permit elected officials and other representatives of such governments to provide meaningful and timely input in the development of regulatory proposals containing significant Federal mandates; and (2) develop a plan for providing appropriate notice to, seeking views from, and advising small governments on compliance with any regulatory requirements that might significantly or uniquely affect them before establishing such requirements. Authorizes appropriations. Requires agencies to prepare certain cost-benefit and other statements before promulgating any final rule that includes any Federal mandates upon States or local or tribal governments that may result in expenditures by them in excess of a certain amount in any one year, and before promulgation of any general notice of proposed rulemaking likely to result in promulgation of any such rule. Requires the OMB Director to: (1) collect from agencies the statements prepared under this subtitle and provide copies to the CBO Director promptly after promulgation of the general notice of proposed rulemaking or of the final rule for which the statement was prepared; and (2) establish certain pilot programs to test approaches for reducing reporting and compliance burdens on small governments. Title III: Judicial Review - Disallows judicial review of any action or noncompliance committed under this Act. Title IV: Baseline Study - Requires the Director of the Bureau of the Census to study certain issues involved in calculating the total costs and benefits to State, local, and tribal governments of compliance with Federal law. Authorizes appropriations. Title V: Limitation on Implementation of Federal Mandates; Review and Monitoring of Unfunded Federal Mandates and Implementation of Ac t - Federal Mandate and Community Assistance Reform Act - Requires the Advisory Commission on Intergovernmental Relations to: (1) investigate and review on a regular basis the role of unfunded Federal mandates in intergovernmental relations and their impact on local, State, and Federal Government objectives and responsibilities; (2) study and make certain recommendations to the President and the Congress regarding, among other things, flexibility for State and local government compliance with specific unfunded Federal mandates for which terms of compliance are unnecessarily rigid or complex; and (3) monitor and evaluate the implementation of this Act. Authorizes appropriations. Title VI: Private Sector Costs - Private Sector Legislative Analysis Act of 1994 - Requires that, at the beginning of each Congress, the majority leader of the Senate and the Speaker of the House prepare for the CBO Director a list of major legislative proposals that they believe are likely to have a significant economic impact and be considered for enactment. Requires that House and Senate leadership review for modification each proposal in such list before adjournment of the first session of each Congress. Requires the Director, upon receiving such a list, to initiate a study of each of the major proposals, topics, and areas of interest in the list for purposes of studying and estimating its economic impact, comparing congressional committee and Federal agency estimates of the impacts of such proposals, topics, or areas. Provides for guidelines for congressional consideration of any bill or joint resolution that is included on such a list.
United States · United States Congress · 26 September 1994
Amends the Violent Crime Control and Law Enforcement Act of 1994 to repeal the ban on semiautomatic assault weapons and large capacity ammunition feeding devices.
United States · United States Congress · 22 September 1994
Amends the Omnibus Budget Reconciliation Act of 1990 to extend from three years to five years the period during which Medicare select policies may be issued.
United States · United States Congress · 13 September 1994
Amends the Public Safety and Recreational Firearms Use Protection Act to remove from the definition of a "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 · 13 June 1994
President John F. Kennedy Assassination Records Collection Extension Act of 1994 - Extends the President John F. Kennedy Assassination Records Collection Act of 1992. Revises Review Board powers and personnel requirements. Requires security clearances for Review Board employees.
United States · United States Congress · 9 June 1994
TABLE OF CONTENTS: Title I: Grants to Encourage Establishment of Community Rural Health Networks Title II: Incentives for Health Professionals to Practice in Rural Areas Subtitle A: National Health Service Corps Program Subtitle B: Incentives Under Other Programs Title III: Assistance for Institutional Providers Subtitle A: Community and Migrant Health Centers Subtitle B: Emergency Medical Systems Subtitle C: Assistance to Rural Providers Under Medicare Subtitle D: Demonstration Projects to Encourage Primary Care and Rural-Based Graduate Medical Education Title IV: United States-Mexico Border Health Commission Title V: Hospital Antitrust Fairness Title VI: Financing Rural Health Delivery System Development Act of 1994 - Title I: Grant to Encourage Establishment of Community Rural Health Networks - Directs the Secretary of Health and Human Services to make grants to an eligible State for the development of plans to increase access to health care services for residents of areas in the State designated as chronically underserved areas. Provides for technical assistance for entities establishing or enhancing a community rural health network in an underserved rural area. Provides financial assistance to entities to provide for the development and implementation of community rural health networks. Authorizes appropriations. Title II: Incentives for Health Professionals to Practice in Rural Areas - Subtitle A: National Health Service Corps Program - Amends the Internal Revenue Code to exclude National Health Service Corps Loan Repayments from gross income. (Sec. 202) Amends the Public Health Service Act to take into consideration, when designating an area as a health professional shortage area, the number of individuals in the area paying through Medicare or Medicaid, the number of individuals who are uninsured, and the number of physicians who will accept additional Medicare and Medicaid patients. (Sec. 203) Increases the authorization of appropriations for the National Health Service Corps Scholarship and Loan Repayment Programs. Subtitle B: Incentives Under Other Programs - Amends title XVIII (Medicare) of the Social Security Act and the Higher Education Act of 1965 to provide incentives under those Acts to physicians informer shortage areas and to primary care physicians, in addition to those provided in Subtitle A. Directs the Secretary to develop and publish a model law for adoption by States to increase the access of individuals residing in underserved rural areas to health care services by expanding the services which non-physician health care professionals may provide in such areas. Title III: Assistance for Institutional Providers - Subtitle A: Community and Migrant Health Centers - Extends and increases the authorizations of appropriations for migrant health centers and community health centers. Subtitle B: Emergency Medical Systems - Revises title XII (Trauma Care) of the Public Health Service Act. Renames such title Emergency Health Services. Directs the Secretary to establish the Office of Emergency Medical Services to: conduct and support research and demonstration projects; (2) foster development of appropriate modern systems of services; (3) assist States; and (4) coordinate and sponsor related activities. Requires that activities meet the unique needs of underserved innercity and rural areas. Authorizes grants to States in order to improve the availability and quality of emergency medical services through the operation of State offices of emergency medical services. Authorizes appropriations for emergency medical services and trauma care. (Sec. 312) Directs the Secretary to make grants to assist States in the creation or enhancement of air medical transport systems that provide victims of medical emergencies in rural areas with access to treatments for injuries resulting from such emergencies. Authorizes appropriations. Subtitle C: Assistance to Rural Providers Under Medicare - Amends title XVIII (Medicare) of the Social Security Act to: (1) increase by two the number of States eligible to participate in the essential access community hospital program; and (2) make other revisions concerning such program, including permitting the participation of hospitals in urban areas and the participation of hospitals in States adjoining participating States. Extends, by three years, the deadline for the development of prospective payment systems for both inpatient and outpatient rural primary care hospital services. (Sec. 331) Defines a rural emergency access care hospital and rural emergency access care hospital services for purposes of title XVIII. Provides for the coverage of such services under part B (Supplementary Medical Insurance) of title XVIII. Subtitle D: Demonstration Projects to Encourage Primary Care and Rural-Based Graduate Medical Education - Directs the Secretary to establish and conduct a demonstration project to increase the number and percentage of medical students entering nonprimary care practice. Authorizes appropriations. Title IV: United States - Mexico Border Health Commission - Authorizes the President to conclude an agreement with Mexico to establish a binational commission known as the United-States-Mexico Border Health Commission which shall: (1) conduct a needs assessment in the United States-Mexico border area to identify, evaluate, prevent, and resolve health problems that affect the general population of the area; (2) implement actions recommended by the assessment; and (3) formulate recommendations concerning payment for such health care. Title V: Hospital Antitrust Fairness - Exempts the merger or attempted merger of hospitals from the application of the antitrust laws; if specified conditions are met, including that: (1)a hospital be located outside of a city or in a city of less than 150,000; and (2) consumer costs would not increase and access would not be reduced if there was a merger. Title VI: Financing - Amends the Internal Revenue Code to impose a tax based on the Medicare part B premium for individuals with a modified adjusted gross income exceeding $100,000 or $125,000 in the case of a joint return.
United States · United States Congress · 24 May 1994
Instructs the House Committees on Agriculture; Banking, Finance and Urban Affairs; Government Operations; the Judiciary; and Small Business to commence hearings on issues within their jurisdiction relating to Madison Guaranty Savings and Loan Association, Whitewater Development Corporation, Capital Management Services Inc., Ray E. Friedman and Company, Lasater and Company, and such appropriate related issues by August 15, 1994, and to submit written findings concerning such matter to the House by the sine die adjournment of the Congress. Directs the respective committees to work to accommodate the work of Special Counsel Robert B. Fiske, Jr., and to not grant immunity, under specified provisions of the Federal criminal code, over the objection of the Special Counsel to any witness called to testify at these hearings. Instructs the Speaker and the majority and minority leaders to meet to determine the appropriate timetable, procedures, and other relevant issues relating to congressional oversight.
United States · United States Congress · 23 May 1994
Directs the Administrator of the Environmental Protection Agency to study and report to the Congress on future funding options for financing infrastructure projects under the Federal Water Pollution Control Act. Authorizes appropriations.
United States · United States Congress · 10 May 1994
TABLE OF CONTENTS: Title I: Programs of Health Care Financing Administration Subtitle A: Medicare Program Subtitle B: Other Programs Title II: Programs of Public Health Service Title III: Antitrust Provisions Title IV: Commission on Reducing the Burden of Regulations and Paperwork on Small Rural Hospitals Rural Hospital Survival Act of 1994 - Title I: Programs of Health Care Financing Administration - Subtitle A: Medicare Program - Amends title XVIII (Medicare) of the Social Security Act regarding guidelines for determining a national adjusted DRG (diagnosis-related group) prospective payment rate to instruct the Secretary of Health and Human Services (the Secretary) to compute, for rural hospital discharges, beginning FY 1995, the portion of the average standardized amount attributable to wages and wage-related costs. States that the portion of such amount not attributable to wages and wage-related rural hospital costs shall be equal to such portions of such amount for hospitals in another urban area. Requires the Secretary to adjust the proportion of hospitals' costs taking into account only costs attributable to wages and salaries, employee benefits, and professional fees. (This eliminates payment differentials between urban and rural hospitals.) Expresses the sense of the Congress that payment reductions made to providers under Medicare should be adjusted to reduce their disproportionate impact upon providers in rural areas. Subtitle B: Other Programs - Amends the Omnibus Budget Reconciliation Act of 1987 to extend through FY 1997 the authorization of appropriations for rural health transition grants. Title II: Programs of Public Health Service - Amends the Public Health Service Act to authorize the Secretary to make grants to public and private entities for demonstration projects for: (1) telecommunications which make medical advice and technologies available to rural area health professionals; and (2) increased access of rural populations to primary health services. Authorizes appropriations. Title III: Antitrust Provisions - Provides antitrust exemption guidelines for certain rural hospitals. Title IV: Commission on Reducing the Burden of Regulations and Paperwork on Small Rural Hospitals - Establishes the Advisory Commission on Reducing the Burden of Regulations and Paperwork on Small Rural Hospitals to analyze and report to the Secretary and the Congress on the impact on such hospitals of governmental regulations and paperwork.
United States · United States Congress · 10 May 1994
TABLE OF CONTENTS: Title I: Tax Incentives Regarding Rural Health Care Title II: Public Health Service Programs Regarding Rural Health Care Subtitle A: National Health Service Corps Subtitle B: Other Programs Regarding Rural Health Care Title III: Provisions Relating to the Medicare Program Title IV: Treatment of Student Loans for Health Professionals Rural Health Professional Shortage Act of 1994 - Title I: Tax Incentives Regarding Rural Health Care - Amends the Internal Revenue Code to exclude from gross income any payment made on behalf of a taxpayer by the National Health Service Corps Loan Repayment Program. Permits a deduction for medical education loan interest incurred by health professionals serving in medically underserved rural areas. Provides a credit for a qualified primary health services provider providing primary health services full time to individuals residing in a rural health professional shortage area and who: (1) is not receiving a National Health Service Corps Scholarship or a loan repayment under the National Health Service Corps Loan Repayment Program; (2) is not fulfilling service obligations under such Programs; and (3) has not defaulted on such obligations. Provides for an increase in the amount which may be expensed as depreciable business assets in the case of rural health care property. Title II: Public Health Service Programs Regarding Rural Health Care - Amends the Public Health Service Act to add additional criteria for use in determining health professional shortage areas by including in the criteria the number of individuals paying for health services through Medicare or Medicaid and the number of individuals who have no health insurance, as well as the number of physicians who will accept Medicare and Medicaid patients. (Sec. 202) Requires that at least five percent of appropriations for the National Health Service Corps be used for special loans for former Corps members to enter private practice in health professional shortage areas. (Sec. 211) Provides increased funding for the Scholarship Program and the Loan Repayment Program. (Sec. 212) Directs the Secretary of Health and Human Services to give priority in making scholarships to individuals from rural backgrounds who are likely, after their service, to serve in a rural health professional shortage area. (Sec. 221) Establishes in the Treasury the Rural Primary Health Care Funds for the purpose of making loans to assist individuals with the costs of attending professions schools if the individuals agree to provide primary health services in an underserved rural area. Authorizes appropriations. (Sec. 231) Requires a State, in order for the State to receive a grant for an Office of Rural Health, to undertake activities to recruit and train physicians to serve in rural areas. Authorizes appropriations for such Offices. (Sec. 232) Authorizes and increases appropriations through FY 1997 for area health education center programs. Title III: Provisions Relating to the Medicare Program - Amends the Social Security Act to: (1) eliminate the geographic adjustment factor, beginning in 1999, with respect to payment amounts for physicians' services; (2) exempt rural hospitals from anti-kickback penalties for certain incentives provided to a physician, if the incentives are contingent upon the physician practicing in the area; and (3) extend the incentive payment for physicians' services furnished in a shortage area to certain nonphysician providers. Title IV: Treatment of Student Loans for Health Professionals - Amends the Higher Education Act of 1965 to defer certain student loan repayments for a borrower who is serving in an internship or residency program in a health facility located in a rural area.
United States · United States Congress · 3 May 1994
TABLE OF CONTENTS: Title I: Contract Formation Subtitle A: Competition Statutes Subtitle B: Truth in Negotiations Subtitle C: Procurement Protests Subtitle D: Definitions and Other Matters Title II: Contract Administration Subtitle A: Contract Payment Subtitle B: Cost Principles Subtitle C: Audit and Access to Records Subtitle D: Cost Accounting Standards Title III: Simplified Acquisition Threshold and Socioeconomic, Small Business, and Miscellaneous Laws Subtitle A: Simplified Acquisition Threshold Subtitle B: Socioeconomic and Small Business Laws Subtitle C: Miscellaneous Acquisition Laws Title IV: Standards of Conduct Title V: Commercial Items Title VI: Miscellaneous Provisions Title VII: Effective Dates and Regulations Federal Acquisition Reform Act of 1994 - Title I: Contract Formation - Subtitle A: Competition Statutes - Amends the Office of Federal Procurement Policy Act to require executive agencies, in conducting property or services procurement, to obtain full and open competition through the use of specified competitive procedures. Allows such procedures, in certain circumstances, to exclude particular sources. Sets forth requirements for justifying use of noncompetitive procedures. (Sec. 1061) Specifies solicitation, evaluation, and award requirements, including those for evaluation of purchase options, prompt notice of award, post-award debriefings, protest files, award of costs and fees in agency settlement of protests, and award of multiple contracts. (Sec. 1071) Amends the Federal Property and Administrative Services Act of 1949 (FPASA) to repeal the requirement that an agency head determine that a cost, cost-plus-a-fixed-fee, or an incentive-type contract is likely to be less costly than other contracting methods, or that it is impractical to use other methods, before such a method may be used. (Sec. 1072) Authorizes agency heads to enter into: (1) multiyear contracts meeting specified criteria for acquisition of property or services; and (2) severable contracts for procurement of services for a twelve-month period beginning in one fiscal year and ending in the next. (Sec. 1074) Requires revision of the Federal Acquisition Regulation (FAR) to include regulations governing the exercise authority under the Economy Act for Federal agencies to purchase goods and services under contracts entered into or administered by other Federal agencies. (Sec. 1091) Amends the Office of Federal Procurement Policy Act (OFPPA) to require the Administrator for Federal Procurement Policy (FPP Administrator) to prescribe for executive agencies guidance regarding consideration of the past contract performance of offerors in awarding contracts. (Sec. 1092) Repeals the requirement for annual agency reports to Congress on competition. (Sec. 1093) Directs the Federal Acquisition Regulatory Council (FARC) to promulgate regulations to discourage the use of nonstandard contract clauses on a repetitive basis. Subtitle B: Truth in Negotiations - Amends the OFPPA to require agency heads to require offerors, contractors, and subcontractors to make cost or pricing data available according to specified procedures. Subtitle C: Procurement Protests - Amends Federal law to revise the periods for specified actions with respect to review of protests. Revises requirements for Federal agency suspension of performance of a contract which is the subject (or likely subject) of a protest. (Sec. 1403) Requires the head of the procuring activity of a Federal agency responsible for a particular contract to report within 60 days after receiving notices of the agency's failure to implement fully the Comptroller General's recommendations with respect to a protested solicitation for or a proposed or actual award of a contract. Revises requirements for agency payment of protest costs to an interested party when the agency has not complied with a statute or regulation. Requires a prompt Comptroller General (CG) report to certain congressional committees of any case in which a Federal agency fails to implement CG recommendations with respect to a protest. (Sec. 1404) Authorizes the CG to prescribe procedures for the electronic filing and dissemination of documents and information required with respect to awards and protests. (Sec. 1431) Amends the FPASA to authorize the Administrator of General Services (GSA Administrator) to revoke a delegation of authority with respect to a particular contract before or after its award, except that the GSA Administrator may revoke a delegation after the contract is awarded only where there is a finding of a violation of law or regulation in connection with the contract award. (Sec 1432) Authorizes the General Services Administration Board of Contract Appeals, upon an interested party's request, to review any contracting officer's decision alleged to violate the conditions of a delegation of procurement authority. (Sec. 1433) Revises requirements with respect to: (1) periods for processing contract award protest actions; (2) dismissal of protests; (3) award to prevailing party of consultant and expert witness fees; (4) dismissal agreements; and (5) matters to be covered in regulations governing the expeditious disposition of protests. (Sec. 1439) Directs the GSA Administrator to collect and compile data regarding the procurement of automatic data processing equipment by Federal agencies. Requires the GSA Administrator to review such information periodically, using it to determine agency compliance with requirements. Authorizes the GSA Administrator to suspend the delegation to a Federal agency of authority to lease or purchase automatic data processing equipment upon any failure of the agency head to report required information. Subtitle D: Definitions and Other Matters - Amends specified definitions in the FPASA. (Sec. 1552) Amends the OFPPA to authorize agency heads to delegate procurement functions to any other agency officer or official. (Sec. 1553) States that procurement determinations and decisions required to be made by an agency head may be made for an individual purchase or contract or for a class of purchases or contracts. (Sec. 1554) Declares that letters of offer for the sale of defense articles or services shall not include any charge for the proportionate amount of any nonrecurring costs of research, development, and production of major defense equipment. (Sec. 1555) Repeals specified Federal law requiring Federal agencies, when purchasing toner cartridges for laser printers, photocopiers, or microphotographic printers to give preference to recycled toner cartridges and to remanufactured toner cartridges made in the United States by small businesses. (Sec. 1556) Amends the FPASA to provide, upon request, for the use (but not purchase from Federal stock or inventory) of Federal supply schedules or other contracts by State, local, and tribal governments, the District of Columbia, and Puerto Rico. Title II: Contract Administration - Subtitle A: Contract Payment - Amends the OFPPA, with respect to contract financing, to authorize executive agencies to: (1) make advance, partial, progress or other payments under property or services contracts; and (2) insert in bid solicitations for property or services procurement a provision limiting to small business concerns advance or progress payments. Subtitle B: Cost Principles - Requires executive agency heads to require that a covered contract provide that, if the contractor submits a proposal for settlement of indirect cost incurred for any period after such costs have been accrued, and if that proposal includes the submission of a cost unallowable because it violates a cost principle in the FAR (or an agency's supplement to the FAR), the cost shall be disallowed. Formulates penalties for violation of cost principles (including submission of costs known not to be allowable), with provision for waiver of penalty. Specifies unallowable costs, including costs of criminal, civil, and administrative proceedings relating to violations of Federal or State law or regulation. Requires the FAR to contain provisions on the allowability of contractor costs, clarifying the cost principles applicable to specified contractor costs. (Sec. 2152) Limits reasonable and allowable costs for the travel expenses of Government contractors only to those contracts requiring submission of cost or pricing data or the negotiation of final indirect costs. Subtitle C: Audit and Access to Records - Specifies an executive agency head's authority to examine the plant and audit records of contractors and subcontracts. Subtitle D: Cost Accounting Standards - Repeals a specified obsolete deadline regarding procedural regulations for the Cost Accounting Standards Board. Title III: Simplified Acquisition Threshold and Socioeconomic, Small Business, and Miscellaneous Laws - Subtitle A: Simplified Acquisition Threshold - Amends the OFPPA to set a simplified acquisition threshold (SAT) of $25,000 ($100,000 for agencies with a FACNET system), adjusted periodically according to a specified formula. (Sec. 3002) Directs the Administrator of the Office of Federal Procurement Polich (FPP Administrator) to establish a program for the development and implementation of a Federal acquisition computer network (FACNET) system to provide widespread electronic public notice of agency orders and solicitations for contract opportunities. Specifies the functions, with respect to the FACNET system, of the GSA Administrator and the the Director of the National Institute of Standards and Technology. (Sec. 3003) Requires each executive agency head to implement the FACNET system. (Sec. 3011) Requires the FAR to provide for special simplified acquisition procedures. (Sec. 3013) Requires executive agency heads to ensure that procuring activities, in awarding contracts with a price exceeding the micro-purchase threshold ($2,500, adjusted annually), comply with certain requirements of the Small Business Act. States that specified authority under the FAR to make purchases without securing competitive quotations does not apply to purchases exceeding the micro-purchase threshold. (Sec. 3015) Reserves exclusively for small business concerns each procurement contract with an anticipated value of $100,000 or less unless the contracting officer cannot obtain offers from two or more small businesses that are competitive: (1) with market prices; and (2) with regard to the quality and delivery of the goods or services being procured. (Sec. 3016) Requires the Comptroller General to study and report to specified congressional committees on: (1) the effects of the SAT on the participation of small business concerns (including those owned and controlled by socially and economically disadvantaged individuals) in procurement awards of under $100,000; and (2) any benefits and detriments to the procuring activities of the various executive agencies. (Sec. 3021) States that no future enacted procurement law shall be construed as applying to contracts that do not exceed the SAT unless it specifically addresses the pertinent provisions of this Act. (Sec. 3022) Authories the Federal Acquisition Regulatory Council (FARC) to waive procurement laws, in certain circumstances, for contracts not exceeding the SAT. (Sec. 3081) Requires FARC to review the FAR: (1) to identify regulations applicable to acquisitions exceeding a specified amount less than $100,000; and (2) amend them to provide that they do not apply to acquisitions that do not exceed the SAT. Subtitle B: Socioeconomic and Small Business Laws - Directs the FPP Administrator to prescribe procedures relating to prime contractor compliance with payment terms with respect to subcontractors and suppliers. (Sec. 3102) Establishes a Small Business Procurement Advisory Council to serve as a discussion forum, provide information to other Federal agencies, and issue advisory reports to the Small Business Administration and the Office of Federal Procurement Policy on small business procurement matters. Subtitle C: Miscellaneous Acquisition Laws - Amends the OFPPA to declare that no provision of Federal law may be construed as requiring an executive agency procurement to be made (by use of noncompetitive procedures) from a specified non-Federal source unless that provision specifically: (1) refers to this restriction; (2) identifies the non-Federal source; and (3) states that the procurement is necessary in contravention of this policy. Title IV: Standards of Conduct - Amends the OFPPA to state that only Federal employees may be paid for services to conduct evaluations or analyses of an acquisition proposal (thus prohibiting outside contracting) unless none are readily available to perform such functions. (Sec. 4003) Amends Federal law to declare that no Member of Congress shall be admitted to any share of any contract or agreement made by or on behalf of the United States, or to any benefit to arise thereupon. (Sec. 4004) Amends the OFPPA to lengthen from 30 days to 60 days the waiting period after publication before the effective date of significant changes proposed for acquisition regulations. Permits an earlier effective date in compelling circmstances, but no earlier than 30 days after publication. Title V: Commercial Items - Amends the OFPPA to require executive agency head to ensure preference for supplies and services and acquisition is given to commercial items and nondevelopmental items (prevously developed commercial items in use by Federal, State, local, or certain foreign governments which require only minor modification of the type normally available in the commercial marketplace to meet procurement requirements). (Sec. 5003) Requires the FAR to provide regulations containing specified terms and conditions for contracts for acquisition of commercial items. (Sec. 5004) Declares that no future law may be construed as applying to agency purchases of commercial items without specific reference to and modification of this section. (Sec. 5005) Authorizes FARC to waive certain procurement laws for contracts for commercial items in specified circumstances. (Sec. 5006) Exempts the submission of offers of commercial items from specified deadlines, and requires the FPP Administrator to prescribe in the FAR appropriate limits on the applicability of any required deadline. (Sec. 5007) Makes advocates for competition for each procuring activity responsible for promoting acquisition of commercial items and other nondevelopmental items. (Sec. 5008) Declares certain provisions of specified Federal law unaffected by this Act. (Sec. 5009) Requires the Comptroller General to report to the Congress on Federal government use of market research. Title VI: Miscellaneous Provisions - Authorizes the FPP Administrator to: (1) test alternative and innovative procurement procedures, limited to no more than two specific contracting activities in designated agencies; and (2) delegate to the Secretary of Defense authority to conduct seven pilot programs of such procedures. Prescribes test requirements. (Sec. 6002) Directs the FPP Administrator to study and report to the Congress on participation by certain small businesses in Federal procurement. (Sec. 6003) Amends the OFPPA to specify goals for FY 1994 through 2000 for government-wide contracting with small disadvantaged businesses and certain minority institutions of higher education. (Sec. 6004) Requires the FPP Administrator to devise policies and procedures for the establishment of education and training programs authorizes by such Act, including a sensitivity training course for critical procurement personnel designed to increase the participation in agency procurement activities of small business concerns owned and controlled by socially and economically disadvantaged individuals, women, and other minorities. (Sec. 6005) Declares the sense of Congress that FARC should consider using negotiated rulemaking procedures or similar techniques intended to achieve specified administrative benefits. (Sec. 6006) Requires the FPP Administrator to provide for a Government-wide awards to recognize and promote vendor and procurement-related officer and employee excellence. Title VII: Effective Dates and Regulations - Sets forth effective dates of this Act. (Sec. 7002) Requires revision of the FAR by a certain deadline to implement this Act. (Sec. 7004) Requires modification of the Federal Procurement Data System to collect from contracts exceeding the simplified acquisition threshold certain data pertinent to solicitation offers, contract awards, awards to businesses owned and controlled by women, and other related matters.
![Official portrait of Rep. Clinger, William F., Jr. [R-PA-5]](https://www.congress.gov/img/member/c000523_200.jpg)