United States · United States Congress · 18 March 1996
TABLE OF CONTENTS: Title I: Improved Availability and Portability of Health Insurance Coverage Subtitle A: Coverage Under Group Health Plans Subtitle B: Definitions; General Provisions Title II: Preventing Health Care Fraud and Abuse; Administrative Simplification Subtitle A: Fraud and Abuse Control Program Subtitle B: Revisions to Current Sanctions for Fraud and Abuse Subtitle C: Data Collection Subtitle D: Civil Monetary Penalties Subtitle E: Revisions to Criminal Law Subtitle F: Administrative Simplification Title III: Tax-Related Health Provisions Subtitle A: Medical Savings Accounts Subtitle B: Increase in Deduction for Health Insurance Costs of Self-Employed Individuals Subtitle C: Long-Term Care Services and Contracts Subtitle D: Treatment of Accelerated Death Benefits Subtitle E: High-Risk Pools Title IV: Revenue Offsets Subtitle A: Repeal of Bad Debt Reserve Method for Thrift Savings Associations Subtitle B: Reform of the Earned Income Credit Health Coverage Availability and Affordability Act of 1996 - Title I: Improved Availability and Portability of Health Insurance Coverage - Subtitle A: Coverage Under Group Health Plans - Requires a group health plan and an insurer or health maintenance organization (HMO) offering health insurance in connection with a group health plan to: (1) reduce any preexisting condition period by the aggregate period of prior coverage; and (2) limit any preexisting condition period to not more than 12 months. Prohibits: (1) preexisting condition periods for newborns and regarding certain adoptions; and (2) treating pregnancy as a preexisting condition. Allows an HMO that does not use preexisting condition limitations to impose an eligibility period. (Sec. 103) Prohibits coverage exclusion on the basis of health status. Requires a plan to allow an otherwise-eligible employee to enroll if the employee previously declined enrollment because of other coverage and subsequently lost the other coverage. Prohibits, if a plan offers family coverage, a waiting period for a newborn, certain adopted children, or a spouse. (Sec. 104) Amends the Internal Revenue Code to impose a tax on any failure of a group health plan to meet certain requirements of this Act. Deems sections 101 through 103 of this Act to be provisions of the Employee Retirement Income Security Act of 1974 (ERISA). Provides for civil money penalties for failure to meet a requirement of this subtitle. Subtitle B: Definitions; General Provisions - Sets forth definitions and general provisions, including: (1) excluding church plans from the requirements of this title; and (2) requiring treatment of State Medicaid (unless a State elects otherwise) and Medicare plans as a group health plan for individual coverage certification purposes. Title II: Preventing Health Care Fraud and Abuse; Administrative Simplification - Subtitle A: Fraud and Abuse Control Program - Amends title XI of the Social Security Act (SSA) to require the Secretary of Health and Human Services (HHS), acting through the Department of HHS Office of Inspector General (IG), and the Attorney General to establish a program to: (1) coordinate Federal, State, and local law enforcement programs to control health care fraud and abuse; (2) conduct investigations, audits, and inspections relating to the delivery of and payment for health care; (3) facilitate enforcement of certain provisions of title XI and other Acts applicable to health care fraud and abuse; (4) provide for the modification and establishment of safe harbors and to issue advisory opinions and special fraud alerts; and (5) provide for the reporting and disclosure of certain final adverse actions against health care providers, suppliers, or practitioners pursuant to the data collection system established below. (Sec. 201) Establishes the Health Care Fraud and Abuse Control Account (Account) in Medicare's Federal Hospital Insurance Trust Fund (Trust Fund) to hold the criminal fines and civil monetary penalties and assessments obtained from Federal health care cases, as well as property forfeiture proceeds resulting from such cases, and other specified amounts for financing the program above and the Medicare Integrity Program established by this title. Makes certain appropriations to the Trust Fund and Account, earmarking certain amounts for activities of the Department of HHS Office of the IG with respect to the Medicare and Medicaid programs under SSA titles XVIII and XIX. (Sec. 202) Establishes the Medicare Integrity Program under which the HHS Secretary shall promote the integrity of the Medicare program by entering into contracts with certain eligible private entities to: (1) review the activities of Medicare service providers and audit cost reports to determine whether payment should not have been made; (2) educate service providers, beneficiaries, and other persons with respect to payment and benefit issues; and (3) develop and periodically update a list of items of durable medical equipment subject to prior authorization. Prohibits fiscal intermediaries under Medicare part A (Hospital Insurance) and carriers under Medicare part B (Supplementary Medical Insurance) from carrying out certain activities under Medicare to the extent the activity is carried out pursuant to a contract under the Medicare Integrity Program. (Sec. 203) Directs the HHS Secretary to provide an explanation of Medicare benefits with respect to each furnished item or service for which payment may be made to an individual without regard to whether or not a deductible or coinsurance may be imposed. Directs the HHS Secretary to establish a program for encouraging individuals to: (1) report information on fraud and abuse under Medicare or other Federal or State health care programs; and (2) submit suggestions on methods to improve the efficiency of the Medicare program. Provides for the payment to such individuals of a portion of: (1) any amounts collected due to any such reports; or (2) any savings resulting from any such suggestions which are adopted. (Sec. 204) Amends SSA title XI to require application of criminal penalties for acts involving the Medicare program to similar violations of any plan or program that provides health benefits, whether directly, through insurance, or otherwise, which is funded directly, in whole or in part, by the Federal Government, except the Federal Employees' Health Benefits Program (Federal care health programs). (Sec. 205) Directs the HHS Secretary to periodically publish a notice in the Federal Register soliciting proposals for: (1) modifications to existing safe harbors issued under the Medicare and Medicaid Patient and Program Protection Act of 1987; (2) additional safe harbors specifying payment practices that shall not be treated as a criminal offense or serve as the basis for an exclusion; (3) advisory opinions by the HHS IG with regard to prohibited remuneration constituting grounds for the imposition of a sanction; and (4) special fraud alerts by the HHS IG, upon request, with regard to suspect practices under the Medicare program or a State health care program. Requires the Secretary to issue appropriate implementing regulations. Subtitle B: Revisions to Current Sanctions for Fraud and Abuse - Excludes from participation in Medicare and State health care programs any individual or entity convicted after the enactment of this Act of a felony related to: (1) fraud in connection with the delivery of a health care item or service; or (2) a controlled substance. (Sec. 212) Revises specified current sanctions involving exclusion for fraud and abuse under Medicare and State health care programs, among other changes establishing minimum periods of exclusion for: (1) certain individuals and entities subject to permissive exclusion from Medicare and State health care programs; and (2) practitioners and persons failing to meet certain statutory obligations with regard to services or items. Repeals the prerequisite that a health care practitioner or person be determined "unwilling or unable" to comply substantially with a corrective action plan before sanctions may be imposed (thus permitting the Secretary to exclude such practitioner or person from eligibility to provide services for failure to comply with a corrective action plan, regardless of circumstances). (Sec. 215) Permits the imposition of intermediate sanctions on Medicare health maintenance organizations in addition to the current option of termination. Provides additional intermediate sanctions for miscellaneous program violations. (Sec. 216) Provides an additional specified exception to anti- kickback penalties for discounting and managed care arrangements. (Sec. 217) Creates a criminal penalty under SSA title XI for fraudulent disposition of assets in order to obtain Medicaid benefits. Subtitle C: Data Collection - Directs the HHS Secretary to establish a national health care fraud and abuse data collection program for reporting final adverse actions against health care providers, suppliers, or practitioners. Requires each Government agency and health plan to report to the Secretary any final adverse action taken against such provider, supplier, or practitioner. (Sec. 221) Allows the HHS Secretary, under the system for unique identifiers for Medicare physicians, to impose appropriate fees on such physicians to cover the costs of investigation and recertification activities with respect to the issuance of the identifiers. Subtitle D: Civil Monetary Penalties - Revises civil monetary penalties, providing among other changes for: (1) the exclusion from participation in Federal and State health care programs of persons subject to penalties and assessments for applicable program violations; (2) modifications in the amounts of various specified penalties and assessments, including the sanctions against health care practitioners who violate their statutory obligations with regard to the services or items ordered or provided by them to a covered beneficiary or recipient; (3) a prohibition against offering inducements to individuals enrolled under Medicare or a State health care program; (4) subjecting to civil money penalties certain excluded individuals retaining an ownership or control interest in a participating entity if they knew or should have known of the action constituting the basis for the exclusion of such entity at the time of violation; (5) a specific definition, for such penalty purposes, for remuneration which includes the waiver of coinsurance and deductible amounts and transfers of items or services for free or for other than fair market value; and (6) a penalty for false certification for home health services. Subtitle E: Revisions to Criminal Law - Amends the Federal criminal code to define a Federal health care offense and cover within its general purview, and provide sanctions for, the commission of health care fraud, theft or embezzlement in connection with health care, obstruction of criminal investigations of Federal health care offenses, and other specified matters related to health care, such as the laundering of monetary instruments in connection with a Federal health care offense. (Sec. 247) Provides for injunctive relief relating to covered Federal health care offenses, as well as for property forfeitures. Subtitle F: Administrative Simplification - Amends SSA title XI to add a new part C (Administrative Simplification) for development of an electronic system for: (1) processing health care information consistent with the goal of improving the operation of the health care system; and (2) reducing related administrative costs through the HHS Secretary's adoption of certain standards for information transactions (including enrollment, disenrollment, claims attachments, and coordination of benefits) and data elements as well as standards relating to security and privacy, and performance of tasks pursuant to specified requirements, assisted by the newly established Health Information Advisory Committee. (Sec. 251) Provides penalties for violations of provisions of this subtitle, including for the wrongful disclosure of individually identifiable health information. (Sec. 261) Directs the HHS Secretary to adopt uniform coverage, administration, and payment policies for clinical diagnostic laboratory tests under Medicare part B (Supplementary Medical Insurance) in accordance with a specified process. Provides that, effective for claims submitted after the expiration of a specified 90-day period, an independent laboratory may select a single carrier for the processing of all of its claims for payment under Medicare part B without regard to the location where the laboratory or the patient or provider involved resides or conducts business. Requires such election of a single carrier to be made by the clinical laboratory, and an agreement between the carrier and laboratory to be forwarded to the HHS Secretary. Title III: Tax-Related Health Provisions - Subtitle A: Medical Savings Accounts - Amends the Internal Revenue Code to allow a deduction for limited amounts paid to a medical savings account (MSA). Defines "medical savings account" as a trust for paying the account holder's medical expenses. Exempts an MSA from taxation unless it has ceased being an MSA. Provides for the treatment of distributions. Allows the MSA deduction to be taken whether or not the individual itemizes deductions. Excludes limited employer MSA contributions from employee gross income. Excludes employer MSA contributions from provisions relating to social security, railroad retirement, unemployment, and withholding taxes. Makes MSA contributions unavailable under cafeteria plans. Excludes MSAs from the value of taxable estates. Imposes a tax on excess MSA contributions. Exempts an MSA holder from prohibited transactions taxes if the MSA ceases to be an MSA. Imposes a penalty on MSA reporting failure. Exempts MSAs from the definition of "specified insurance contract" for provisions relating to capitalization of certain policy acquisition expenses. Subtitle B: Increase in Deduction for Health Insurance Costs of Self-Employed Individuals - Allows self-employed individuals to deduct a portion of their expenditures for medical insurance for the individual, spouse, and dependents. Subtitle C: Long-Term Care Services and Contracts - Requires treating: (1) a long-term care insurance as accident and health insurance and associated amounts received as received for personal injuries and sickness and as reimbursement for medical care expenses actually incurred; (2) an employer's plan providing long-term care as an accident and health plan; (3) limited amounts paid for such insurance as payments for medical care; and (4) such insurance as guaranteed renewable under specified provisions. Provides for the treatment of: (1) excess aggregate long-term care payments; and (2) long-term care coverage provided in conjunction with life insurance. Excludes long-term care from cafeteria plans. Includes in an employee's gross income employer-provided long-term care overage provided through a flexible spending arrangement. Declares that a group health plan does not fail to meet continuation requirements solely because it fails to provide long-term coverage. (Sec. 323) Imposes reporting requirements on long-term care benefit payors. (Sec. 325) Sets forth provisions regarding: (1) the model regulation and model Act promulgated by the National Association of Insurance Commissioners; and (2) certain disclosure and nonforfeitability requirements. (Sec. 326) Imposes a tax the failure to meet requirements regarding: (1) the model regulation and model Act; (2) policy or certificate delivery; and (3) claims denials information. Subtitle D: Treatment of Accelerated Death Benefits - Treats life insurance amounts paid as an amount paid because of death if the insured is terminally or chronically ill and the amount is received under a provision that is treated as long-term care insurance. Treats the amount paid by a viatical settlement provider for a life insurance contract as an amount paid by reason of the death of the insured. (Sec. 332) Treats, for life insurance company provisions, references to life insurance contracts as including references to accelerated death benefit riders (unless a rider is treated as a long- term care contract). Subtitle E: High-Risk Pools - Exempts from taxation a State- established membership organization providing nonprofit medical care coverage to high risk individuals. Title IV: Revenue Offsets - Subtitle A: Repeal of Bad Debt Reserve Method for Thrift Savings Associations - Declares that bad debt reserve banking provisions shall not apply after a specified date. Provides for the resulting accounting method change. Subtitle B: Reform of the Earned Income Credit - Requires, in order to be eligible for the earned income credit (EIC), that a taxpayer include on the return the taxpayer's (and, if married, the spouse's) social security number (SSN). Adds to the definition of "mathematical or clerical error" references to omission of a SSN required by EIC provisions. (Sec. 412) Increases preparer penalties for certain failures or actions.
United States · United States Congress · 7 March 1996
Condemns the terror attacks in Jerusalem, Ashkelon, and Tel Aviv. Extends condolences to the victims' families and to the Government and people of Israel. Reaffirms full support for Israel in its efforts to combat terrorism as it attempts to pursue peace with its neighbors in the region. Calls upon the Palestinian Authority, the Palestinian Council, and Chairman Arafat to: (1) apprehend and punish the perpetrators of terror attacks, prevent such acts in the future, confiscate all unauthorized weapons, and avoid and condemn all statements and gestures which signal tolerance for such acts and their perpetrators; (2) eliminate the terrorist structure and terrorist activities of Hamas, Palestinian Islamic Jihad, the Popular Front for the Liberation of Palestine, and all other terror groups; and (3) adopt legislative and executive measures to ban the existence and operations of all terrorist organizations resident in the Palestinian autonomous areas. Insists that Chairman Arafat ensure the timely inauguration of the Council so that the Palestinian National Covenant will be amended of vile references to Israel within 60 days thereafter. Reaffirms that the Covenant must be amended in order for the peace process to succeed. Calls upon the Palestinian people to support the deletion of anti-Israel language from the Covenant, to express their revulsion for terrorism against Israel, and to condemn and isolate those elements of Palestinian society that employ and support such terrorist acts. Urges: (1) all parties to the peace process to bring to justice the perpetrators of acts of terrorism and to cease harboring, financing, and arming terror groups; and (2) the Clinton Administration to act against those who continue to harbor, arm, or finance terror groups seeking to undermine the peace process. Calls upon: (1) those Arab states that have failed to condemn these acts of terrorism to do so immediately and to support all efforts in the region to combat terrorism; and (2) the international community to cooperate with the United States in isolating states which engage in international terrorism. Insists that Iran and Syria cease all support for all terrorist groups operating in areas under their control and refrain from all activities in opposition to the Middle East peace process. Expresses the intent to reconsider U.S. assistance to the Palestinian Authority in light of the steps that must be taken by the Authority against terrorist infrastructures and operations. Praises efforts to provide Israel with all appropriate antiterrorism resources to eliminate the tide of terrorist incidents against Israel.
United States · United States Congress · 6 March 1996
United States-Puerto Rico Political Status Act - Requires a referendum to be held by December 31, 1998, on Puerto Rico's path to self-government either through U.S. statehood or through sovereign independence or free association. Requires the President to submit to the Congress for approval legislation for: (1) a transition plan of at least ten years which leads to full self-government for Puerto Rico; and (2) a recommendation for the implementation of such self-government consistent with Puerto Rico's approval. Sets forth specified requirements with respect to the referendum and congressional procedures for consideration of legislation. Makes funds available for the referendum.
United States · United States Congress · 1 February 1996
Antitrust Health Care Advancement Act of 1996 - Provides that the following activities shall not be deemed illegal per se in any action under the Federal antitrust laws or similar State law, but shall be judged based on reasonableness: (1) the exchange of information relating to costs, sales, profitability, marketing, prices, or fees of any health care service health care providers solely for, and reasonably required for, establishing a health care provider network (HCPN); (2) the conduct of an HCPN in negotiating, making, or performing a contract for providing health care services to individuals under the terms of a health benefit plan; and (3) the conduct of any HCPN member for the purpose of providing such services under such contract. Directs the Attorney General and the Federal Trade Commission to jointly issue guidelines specifying the enforcement policies and analytical principles that will be applied by the Department of Justice and the Commission with respect to the operation of this Act.
United States · United States Congress · 1 February 1996
Constitutional Amendment - Requires a two-thirds vote of each House of the Congress in order to pass any bill levying a new tax or increasing the rate or base of any tax. Allows the Congress to waive that requirement during war or certain military conflict. Requires all votes under this Amendment to be by yeas and nays and the names of persons voting for and against to be entered in the Journal of each House.
United States · United States Congress · 25 January 1996
Travelgate Victims Restitution Act - Provides for payment of the legal defense expenses incurred by the seven individuals who were terminated from employment with the White House Travel Office on May 19, 1993, in connection with any investigation of the operations of the Office out of funds appropriated before this Act's enactment for use by the Executive Office of the President.
United States · United States Congress · 25 January 1996
Balanced Budget Act of 1995 - Prohibits issuing any obligation subject to the limitation (under specified provisions of Federal law relating to the public debt limit) after December 31, 2001, except an obligation issued to refund an obligation issued before January 1, 2002. Provides for the suspension of that prohibition on the enactment of a joint resolution declaring a national emergency.
United States · United States Congress · 22 December 1995
Authorizes the Secretary of Veterans Affairs to establish an ambulatory care facility for the Department of Veterans Affairs in Brookhaven, New York, by leasing an existing facility or constructing a new facility, whichever is more cost effective.
United States · United States Congress · 19 December 1995
Amends the Military Construction Authorization Act for Fiscal Year 1993 to designate the Calverton Pine Barrens in Calverton, New York, as the Otis G. Pike Preserve.
United States · United States Congress · 14 December 1995
Savings in Construction Act of 1995 - Amends the Metric Conversion Act of 1975 to define specified terms, including "hard-metric conversion" and "soft-metric conversion." Prohibits Federal agencies from: (1) using construction or procurement guidelines that require the use of hard-metric products if a majority of the related contracts would be likely to result in a certification under this Act; and (2) establishing bidding requirements or preferences for federally-assisted construction contracts that specify the use of hard-metric products if soft-metric production is feasible, and, as certified by an industry representative, hard-metric alternatives are not readily available, would exceed specified capital costs, and would result in negligible benefits, or would reduce competition or create special hardships.
United States · United States Congress · 13 December 1995
Aircraft Pilot Safety Act of 1995 - Directs the Administrator of the Federal Aviation Administration, after appropriate consultation, to develop an aircraft pilot reporting information and retrieval system containing standardized information on the quality of pilot performances in training activities. Requires all covered air carriers to use such information to evaluate applicants for pilot positions. Provides privacy protection with respect to such information. Directs the Administrator to report to the Congress a description of the aircraft pilot reporting system, as well as information concerning system costs and appropriate recommendations for system administration and necessary additional legislation, including possible legislation limiting the liability of covered air carriers and other persons who utilize the information provided through the system.
United States · United States Congress · 12 December 1995
Senior Citizens' Access to Health Care Act of 1995 - Amends title XVIII (Medicare) of the Social Security Act to require health maintenance organizations participating in the Medicare Program to offer coverage for out-of-network services to Medicare beneficiaries enrolled with such organizations.
United States · United States Congress · 28 November 1995
Amends the Clean Air Act to require the Administrator of the Environmental Protection Agency to promulgate regulations requiring reductions in sulfur dioxide emissions from utility units located in subregions contributing to acid deposition in the Adirondacks necessary to limit, by the year 2000, acid deposition rates to a target level at which the acid neutralizing capacity level of surface waters exceeds the level found in a 1984 survey and the maintenance load of sulfur per hectare does not exceed a specified quantity. Requires the Administrator to also promulgate regulations necessary to require utility units in subregions that are major contributors to Adirondack acid deposition to employ, no later than January 1, 2000, reasonably available technology to reduce nitrogen oxide emissions. Describes means allowed for compliance with these regulations. Disallows treatment of emission reductions achieved by compliance with this Act as emission reductions for any other Clean Air Act purposes or as authorizing excess sulfur dioxide emissions under Clean Air Act utility unit allowances.
United States · United States Congress · 28 November 1995
Constitutional Amendment - Declares that: (1) to secure the people's right to acknowledge God according to their conscience, nothing in the Constitution shall prohibit acknowledgement of the religious heritage, beliefs, or traditions of the people or prohibit student-sponsored prayer in public schools; and (2) neither the United States nor any State shall compose any official prayer, compel joining in prayer, or discriminate against religious expression or belief.
United States · United States Congress · 28 November 1995
Expresses the sense of the House of Representatives that: (1) the President should immediately ask for, and accept, the resignation of the Secretary of Energy; and (2) Secretary O'Leary should reimburse the Federal Government from her personal funds for specified expenditures.
United States · United States Congress · 18 November 1995
Domestic Violence Community Response Team Act of 1995 - Prescribes guidelines under which the Secretary of Health and Human Services is authorized to award: (1) grants of up to $500,000 each for community response teams to help prevent domestic violence; and (2) award a contract to an eligible entity to serve as a technical assistance center. (Sec. 5) Authorizes appropriations. Reduces appropriations authorized for the Energy Information Administration. Directs the Secretary of Energy to report to the Congress whether it would be practicable for the Administration to provide for some or all its funding by imposing a charge for services or materials that it provides to the public.
United States · United States Congress · 18 November 1995
Amends Federal armed forces provisions to provide that: (1) the special rule concerning annual cost-of-living adjustments to retired military pay for individuals who first became members of a uniformed service before August 1, 1986, shall apply only through FY 1996 (currently, FY 1998); and (2) the initial month that such increase is payable shall be March (currently, September) of the year following the effective date of such increase.
United States · United States Congress · 17 November 1995
Authorizes the Speaker of the House of Representatives and the President pro tempore of the Senate to present, on behalf of the Congress, a gold medal to Billy and Ruth Graham in recognition of their outstanding and enduring contributions toward faith, morality, and charity. Authorizes the Secretary of the Treasury to strike and sell bronze duplicates of such medal. Directs the Secretary to transfer from the Numismatic Public Enterprise Fund to the Library of Congress the amount by which the sum of any gifts and donations received by the Secretary to carry out this Act and any proceeds from the sale of bronze duplicates exceeds the total amount of the costs incurred by the Secretary in carrying out this Act.
United States · United States Congress · 16 November 1995
Repeals a Federal law authorizing the Secretary of the Army to operate the military education and training facility known as the U.S. Army School of the Americas. Authorizes the Secretary to operate the United States Academy for Democracy and Civil-Military Relations (Academy). Requires instruction at the Academy to be provided to civilian and military personnel of Latin American and Caribbean countries through seminars, roundtable discussions, conferences, and a guest instructor program. Directs the Secretary to conduct a thorough screening of potential instructors and students at the Academy for commitment to and respect for democracy and human rights. Requires the Secretary to establish an advisory committee to provide advice on establishing and operating the Academy, as well as the content of its curriculum. Provides Academy funding. States that this Act does not affect the authority to conduct countermine programs at Fort Benning, Georgia, at the School of the Americas in response to a request from the Organization of American States. Directs the Secretary to report to the Congress on Academy achievements after two years of operation. Expresses the sense of the Congress that resources made available to operate the Academy should be commensurate with the total resources that were dedicated to the School of the Americas in FY 1996.
United States · United States Congress · 14 November 1995
Smithsonian Institution Sesquicentennial Commemorative Coin Act - Directs the Secretary of the Treasury to issue five-dollar gold coins and one-dollar silver coins emblematic of the scientific, educational, and cultural significance of the Smithsonian Institution. Mandates that: (1) all but a certain portion of surcharges received from coin sales be paid by the Secretary to the Smithsonian Institution for such purposes as its Board of Regents determines to be appropriate; and (2) a certain portion of such surcharges be dedicated to supporting the operation and activities of the National Numismatic Collection at the National Museum of American History.
United States · United States Congress · 9 November 1995
Prohibits the obligation or expenditure of funds appropriated or otherwise made available to the Department of Defense for the ground deployment of U.S. forces in Bosnia and Herzegovina as part of any peacekeeping operation or implementation force, unless funds for such deployment have been specifically appropriated by a law enacted after the date of enactment of this Act.
United States · United States Congress · 8 November 1995
TABLE OF CONTENTS: Title I: Budget Process Reform Title II: Item Veto and Enhanced Rescission Authority Chapter A: Line-Item Veto Act Chapter B: Enhanced Rescission Authority Title III: General Provisions Budget Enforcement Simplification Trust Act - Title I: Budget Process Reform - Amends the Congressional Budget Act of 1974 (CBA) to revise definitions. (Sec. 102) Amends the CBA to revise the timetable with respect to the congressional budget process from a single fiscal year basis to a biennium. (Sec. 103) Amends the Congressional Budget and Impoundment Control Act of 1974 (CBICA) to require biennial adoption (on each odd-numbered year) of a joint budget resolution, with specified contents. (Sec. 104) Revises the CBA with respect to committee allocations. Provides procedures for contingency reserve funds for natural disasters. (Sec. 105) Provides for a backstop budget resolution. Makes binding for upcoming biennial budget years the amounts and caps established in the most recently enacted joint budget resolution as if they had been enacted for such upcoming years, if a joint resolution on the budget has not yet been enacted by May 15 of any odd numbered year. (Sec. 106) Provides for revisions to joint budget resolutions and spending caps. (Sec. 107) Revises budget enforcement provisions with respect to: (1) enforced spending caps; (2) reporting excess spending; (3) Presidential orders to eliminate excess spending; (4) enforcing discretionary spending limits; (5) enforcing direct spending limits; and (6) certain exempt programs and activities. Establishes special rules for sequestration orders relating to: (1) child support enforcement programs; (2) the Commodity Credit Corporation; (3) regular and extended unemployment compensation; (4) the Federal Employees Health Benefit Fund; (5) the Federal Housing Finance Board; (6) pay for Federal personnel; (7) Medicare; (8) the Postal Service Fund; (9) Department of Energy power marketing administration funds or the Tennessee Valley Authority fund; and (10) businesslike transactions. Sets forth provisions with respect to the current law baseline. Requires the Directors of the Congressional Budget Office and of the Office of Management and Budget to report to the President and the Congress budget baselines for the budget year and at least the subsequent nine fiscal years. Sets forth pay-as-you-go provisions, including: (1) deficit neutral revenue legislation; (2) downward adjustment of spending caps; (3) expiration of tax cuts; and (4) a supermajority required for a waiver. Title II: Item Veto and Enhanced Rescission Authority - Chapter A - Line Item Veto Act - Grants the President legislative line item veto rescission authority. (Sec. 202) 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 an appropriations Act providing such budget authority or a revenue or reconciliation Act containing a targeted tax benefit. Allows the President in each special message to propose to reduce the appropriate discretionary spending limit by an amount that does not exceed the total amount of discretionary budget authority rescinded by that message. Requires the President to submit a separate special message for each appropriations Act and for each revenue or reconciliation Act. Authorizes the President to rescind, under the terms of this Act, all or part of any unobligated discretionary budget authority provided by any FY 1996 appropriation Act, if the President notifies the Congress of such rescission by a special message not more than ten calendar days (excluding Sundays) after the date of enactment of this Act. (Sec. 203) Makes such a rescission effective unless the Congress enacts a rescission-receipts disapproval bill. (Sec. 205) Specifies: (1) information to be included in the President's message; and (2) procedures to govern consideration of rescission-receipts disapproval legislation in the Senate and the House of Representatives. (Sec. 206) Requires the Comptroller General to report annually to the Congress: (1) a list of each proposed presidential rescission of discretionary budget authority and veto of a targeted tax benefit submitted through special messages for the fiscal year ending during the preceding calendar year, together with their dollar value, and an indication of whether each rescission of discretionary budget authority or veto of a targeted tax benefit was accepted or rejected by Congress; (2) the total number of proposed presidential rescissions of discretionary budget authority and vetoes of a targeted tax benefit submitted through special messages for the fiscal year ending during the preceding calendar year, together with their total dollar value; (3) the total number of presidential rescissions of discretionary budget authority or vetoes of a targeted tax benefit submitted through special messages for the fiscal year ending during the preceding calendar year and approved by Congress, together with their total dollar value; (4) a list of rescissions of discretionary budget authority initiated by Congress for the fiscal year ending during the preceding calendar year, together with their dollar value, and an indication of whether each such rescission was accepted or rejected by Congress; (5) the total number of rescissions of discretionary budget authority initiated and accepted by Congress for the fiscal year ending during the preceding calendar year, together with their total dollar value; and (6) a summary of the information provided by paragraphs (2), (3), and (5) for each of the ten fiscal years ending before the fiscal year during this calendar year. (Sec. 207) Provides a process of expedited judicial review of provisions of this Act. Chapter B: Enhanced Rescissions - Amends CBICA to provide for expedited consideration of certain proposed rescissions and targeted tax benefits. Makes conforming amendments to CBA. Title III: General Provisions - Sets forth transition rules, effective dates, and conforming amendments. (Sec. 304) Amends Federal law relating to money and finance to add a definition of budget biennium and to revise provisions relating to: (1) budget contents and submission to the Congress; (2) estimated expenditures of legislative and judicial branches; (3) recommendations to meet estimated deficiencies; (4) a statement with respect to certain changes; (5) capital investment analysis; (6) supplemental budget estimates and changes; (7) year-ahead requests for authorizing legislation; and (8) budget information on consulting services. (Sec. 305) Provides that: (1) in the event that any of the provisions of chapter A (Line Item Veto Act) of title II are invalidated by judicial action, all provisions of such chapter are invalidated; and (2) immediately upon a final determination invalidating chapter A of title II, chapter B (Enhanced Rescissions) of title II shall become effective.
United States · United States Congress · 31 October 1995
TABLE OF CONTENTS: Title I: House of Representatives Election Spending Limits and Benefits Title II: Reduction of Special Interest Influence Subtitle A: Elimination of Political Action Committees From Federal Election Activities Subtitle B: Provisions Relating to Soft Money of Political Parties Subtitle C: Soft Money of Persons Other Than Political Parties Subtitle D: Contributions Subtitle E: Additional Prohibitions on Contributions Subtitle F: Independent Expenditures Title III: Miscellaneous Provisions Bipartisan Clean Congress Act of 1995 - Title I: House of Representatives Election Spending Limits and Benefits - Amends the Federal Election Campaign Act of 1971 to make candidates for election to the House of Representatives eligible to receive benefits under this Act if they declare that they will not exceed expenditure or contribution limits. Sets forth expenditure limits of $600,000 by a candidate and authorized committees, allowing additional expenditures for runoffs and contested primaries. Provides for complying candidates running against noncomplying candidates. Entitles eligible candidates to receive certain broadcast media rates and reduced postage rates. Provides for Federal Election Commission certification of whether a candidate is eligible. Mandates repayment of benefits not used as required and civil penalties for excessive expenditures. (Sec. 102) Amends the Communications Act of 1934 to: (1) modify broadcast media candidate rate requirements; and (2) regulate rates for eligible House candidates. Regulates preemption. Changes the circumstances in which a station license may be revoked for failure to allow candidate access. Conditions new licenses and renewal on agreement to abide by these provisions. (Sec. 103) Amends Federal law to require postal rates for third class mail sent by eligible House candidates to be the same as for qualified nonprofit organizations. (Sec. 104) Amends the Federal Election Campaign Act of 1971 to set contribution limits for eligible House candidates. (Sec. 105) Sets forth expenditure reporting requirements. Title II: Reduction of Special Interest Influence - Subtitle A: Elimination of Political Action Committees From Federal Election Activities - Amends the Federal Election Campaign Act of 1971 to prohibit, notwithstanding any other provision of the Act, any person other than an individual or a political committee from making contributions, soliciting or receiving contributions, or making expenditures to influence a Federal office election. Defines "political committee" to mean: (1) a candidate's principal campaign committee; (2) any national, State, or district political party committee; (3) certain local political party committees; and (4) combinations of a candidate's and a party's committees. Removes provisions that currently include in the definition of "contribution or expenditure" the establishment, administration, and solicitation of contributions to a separate political fund by a corporation, labor organization, membership organization, cooperative, or corporation without capital stock. Modifies the circumstances in which a political committee that has supported more than one candidate may be designated as an authorized committee. Restricts the political committees that may be financed or controlled by any Federal office holder or candidate. Repeals provisions limiting multicandidate political committee contributions to candidates and their authorized political committees. (Sec. 202) Limits the aggregate amount of large contributions to congressional campaigns. (Sec. 203) Limits to $100 the aggregate contributions by a lobbyist with respect to any Federal office election. Subtitle B: Provisions Relating to Soft Money of Political Parties - Prohibits political party national committees and any entity established, financed, or controlled by them from soliciting or receiving contributions or spending funds not subject to this Act. Requires amounts spent by a political party committee that might affect a Federal election (including voter registration, get-out-the- vote activity, generic campaign activity, and communications that identify a Federal candidate) to be made from funds subject to this Act. Prohibits political party committees from soliciting funds for or making donations to any organization that is tax exempt under section 501(c) of the Internal Revenue Code. Prohibits any Federal office holder or candidate and their agents from soliciting or receiving funds: (1) in connection with a Federal election unless the funds are subject to this Act; or (2) to be spent in connection with a non-Federal election unless the funds are not in excess of amounts permitted to Federal candidates and committees under provisions of this Act and are not from sources prohibited by this Act for Federal elections. Prohibits Federal office holders or candidates from having certain relationships with or taking certain actions regarding any organization described in section 501(c) of the Internal Revenue Code. (Sec. 212) Imposes or modifies political committee reporting requirements. (Sec. 213) Removes the exclusion of office facility construction or purchase contributions from the definition of "contribution." Subtitle C: Soft Money of Persons Other Than Political Parties - Imposes reporting requirements on disbursements over $2,000 by a person other than a political party committee or a candidate. Subtitle D: Contributions - Revises requirements regarding contributions made through an intermediary or conduit. Subtitle E: Additional Prohibitions on Contributions - Requires that 60 percent of contributions to a congressional campaign from individuals come from individuals legally residing in the candidate's State. Subtitle F: Independent Expenditures - Revises the definition of "independent expenditure." Declares that any expenditure that contains express advocacy and does not qualify as an independent expenditure is a contribution. (Sec. 252) Imposes reporting requirements relating to independent expenditures. Title III: Miscellaneous Provisions - Modifies or creates requirements regarding: (1) the use of contributions for campaign vs. personal expenses; (2) campaign advertising disclosures regarding who paid for and authorized the advertising; (3) the filing of designations, statements, and reports in electronic form and by facsimile machine; (4) random audits and investigations; (5) the filing of certain reports for the election cycle rather than for the calendar year; (6) reporting and recordkeeping regarding personal or consulting service expenditures; (7) the use of candidates' names by authorized, unauthorized, and party committees; (8) the monthly filing of certain reports, "best efforts" by a treasurer to comply with requirements, and Commission waiver of requirements; (9) filing of statements of organization; (10) the Commission's authority to appear in actions related to its duties or powers; (11) exclusive Commission action on committee insolvency; (12) promulgation of regulations to prohibit devices or arrangements to undermine or evade certain provisions of the Act; (13) limiting Commission members to one term; (14) the authority of the Commission to seek injunctions; and (15) administrative and judicial procedures. (Sec. 316) Amends the Legislative Branch Appropriations Act, 1991 to replace House of Representatives mass mailings provisions with provisions establishing an Official Mass Mailing Allowance for Members of the House of Representatives. Modifies Member mail allowance requirements and prohibits certain transfers from other Member accounts. (Sec. 318) Declares that it is the intent of the Congress that any funds realized by provisions of this Act establishing the Mass Mailing Allowance shall be designated to pay for benefits provided by provisions of this Act relating to postal rates for third class mail sent by eligible House candidates. (Sec. 320) Provides for expedited and mandatory Supreme Court review of any appeal of any interlocutory order or final court action on the constitutionality of any provision of this Act.
United States · United States Congress · 30 October 1995
Amends rule LI of the Rules of the House of Representatives to replace provisions governing employment practices with provisions that prohibit a House Member, officer, or employee from knowingly accepting a gift except as provided in this Act. Allows such individual to accept a gift (other than cash or cash equivalent) which he or she reasonably and in good faith believes to have a value of less than $50 and a cumulative value from one source during a calendar year of less than $100. Provides that no gift with a value below ten dollars shall count towards the $100 annual limit. Considers a gift to a family member to be a gift to such Member, officer, or employee if given with his or her knowledge and acquiescence and if he or she has reason to believe that the gift was given because of his or her official position. Treats only the food and refreshment provided to such Member, officer, or employee as a gift if food and refreshment are also provided at the same time and place to such individual's spouse or dependent. Includes among exempted items: (1) contributions lawfully made under the Federal Election Campaign Act, a limited contribution for election to a State or local government office under such Act, or attendance at a fund raising event sponsored by a political organization; (2) anything provided on the basis of a personal friendship unless such Member, officer, or employee has reason to believe that the gift was provided because of his or her official position; (3) otherwise lawful contributions to such individual's legal expense fund; (4) food, refreshments, lodging, and other benefits which result from the outside business or employment activities of such Member, officer, or employee or spouse if such benefits have not been offered or enhanced because of such individual's official position, which are customarily provided by a prospective employer in connection with bona fide employment discussions, or which are provided by a political organization in connection with a fund raising or campaign event; (5) training that is the House's interest; (6) a gift of personal hospitality of an individual other than a registered lobbyist or agent of a foreign principal; and (7) certain other opportunities and benefits provided to the public or to Government employees generally. Establishes conditions under which such Member, officer, or employee may accept an offer of free attendance at a convention, dinner, or similar event. Prohibits the acceptance of a gift exceeding $250 on the basis of the personal friendship exception unless the Committee on Standards of Official Conduct issues a written determination that such exception applies. Provides that certain reimbursements to such Member, officer, or employee for travel expenses to an event in connection with official duties shall not be considered to be gifts if advance authorization is received and the reimbursements and authorization are disclosed within a specified time period. Declares that activities that are substantially recreational in nature shall not be considered to be in connection with official duties. Includes as prohibited gifts to such Member, officer, or employee from a registered lobbyist or an agent of a foreign principal: (1) anything provided to an entity that is maintained or controlled by such Member, officer, or employee; (2) a charitable contribution made on the basis of such Member's, officer's, or employee's specification, with the exception of a mass mailing or other solicitation directed to a broad category of persons or entities; (3) a contribution or other payment to such Member's, officer's, or employee's legal expense fund; and (4) a financial contribution or expenditure made relating to a conference or similar event sponsored by, or affiliated with, an official congressional organization for, or on behalf of, such Members, officers, or employees. Provides that a charitable contribution made by a registered lobbyist or agent in lieu of an honorarium to such Member, officer, or employee shall not be considered a gift under this Act if such Member, officer, or employee reports to the Clerk of the House the name and address of the registered lobbyist, the date and amount of the contribution, and the name and address of the designated or recommended charitable organization. Declares that such rules shall be interpreted and enforced solely by the Committee on Standards of Official Conduct. Amends rule X to revise the functions of the Committee on House Oversight to include accepting a gift for the House if such gift does not involve any duty, burden, or condition or is not made dependent upon some future performance by the House.
United States · United States Congress · 26 October 1995
Prohibits the obligation or expenditure of funds appropriated or otherwise made available to the Department of Defense for the ground deployment of U.S. forces in Bosnia and Herzegovina as part of any peacekeeping operation or implementation force, unless the deployment is specifically authorized by a law enacted after the date of enactment of this Act.
United States · United States Congress · 19 October 1995
Animal Drug Availability Act of 1995 - Amends Federal Food, Drug, and Cosmetic Act provisions relating to new animal drugs to redefine "substantial evidence" to mean evidence from one or more scientifically sound studies including, as appropriate, in vitro studies, studies in laboratory animals, bioequivalence studies, and any studies voluntarily undertaken by or for the applicant that provide some assurance that the drug will have the intended effect. Excludes a claim for the use of a drug in a minor species or a minor use of a drug from disapproval, if there is an application filed for the drug which is approved prior to the submission of the claim. Allows consideration, when a new animal drug contains more than one active ingredient or its labeling suggests use of the drug in combination with another animal drug, only of whether any of the active ingredients or any of the drugs in the combination, at the longest withdrawal time of any of the active ingredients or drugs in the combination, exceeds its established tolerance or interferes with the methods of analysis for another of the active ingredients or drugs in the combination. Requires the Secretary to issue proposed regulations implementing the provisions of this section which: (1) further define "substantial evidence;" (2) take into account the proposals contained in the citizen petition submitted by the American Veterinary Association and the Animal Health Institute; and (3) provide for the opportunity for a conference to make a decision establishing a submission or an investigational requirement. (Sec. 4) Requires the Secretary to approve or disapprove the application within 90 (currently 180) days of receipt of the application. (Sec. 5) Requires: (1) the Secretary to refer disputed issues received in writing from an applicant to an advisory committee or to a special Government employee; and (2) the committee or employee to submit a report containing recommendations regarding the matter. (Sec. 6) Requires the Secretary to refuse approval of an application if information submitted with respect to the drug indicates that any use suggested in labeling proposed for that drug will result in a unsafe amount of residue. (Sec. 7) Permits the export of an unsafe (as defined in the Act) new animal drug, if it is not in conflict with the laws of the country to which it is exported. (Currently, such export is prohibited.)
United States · United States Congress · 12 October 1995
Davis-Bacon Act Reform Amendments of 1995 - Amends the Davis-Bacon Act (DBA) to provide for wage determinations based on the locality where the work is performed. Requires contractors and subcontractors covered by DBA to pay laborers and mechanics: (1) unconditionally; (2) at least weekly; and (3) without subsequent deduction or rebate. Applies DBA requirements to laborers and mechanics employed by the contractor or subcontractor to: (1) work directly upon the site of the work, including work at fabrication plants, batch plants, tool yards, or similar facilities not on the project site but dedicated exclusively, or nearly so, to project construction (except previously established facilities whose location and continuance in operation are determined wholly without regard to the contract work); or (2) transport materials, supplies, and equipment to or from the worksite. Increases the minimum threshold (currently $2,000) for DBA coverage of contracts for public buildings and works to: (1) $100,000 for new construction, complete rehabilitation, or reconstruction; and (2) $25,000 for repairs or alterations. Sets conditions for coverage of leased property. Provides for periodic adjustments of such thresholds. Prohibits splitting contracts. Sets forth wage requirements in cases of contract option provisions. Sets preemption conditions. Sets forth provisions relating to apprentices, trainees, and helpers. Sets forth requirements relating to wages. Revises DBA enforcement provisions, including: (1) administrative procedures, including the Secretary of Labor's authority with respect to payment of workers, debarment of contractors, and coordination of enforcement; (2) review procedures, including court review of coverage determinations; and (3) creation of an administrative petition procedure for workers for wages, benefits, and damages. (Sec. 3) Amends the Copeland Act to: (1) eliminate weekly payroll data submission for contracts of $100,000 or less; and (2) change such weekly requirement to a monthly one for contracts of more than $100,000, with provisions for waivers for contractors or subcontractors who have demonstrated compliance with DBA and other labor standards. Revises enforcement provisions to: (1) require contractors and subcontractors to maintain payroll and related records for three years after completion of contract work and make them available upon request of the contracting officer or the Secretary; (2) grant the Secretary subpoena and debarment authority with respect to records; and (3) establish penalties for false records. Amends the Contract Work Hours and Safety Standards Act to provide that: (1) the Secretary, rather than the Comptroller General, shall initiate debarment action for violations; and (2) the General Services Administration (GSA) shall include the names of those debarred on a government-wide list.
United States · United States Congress · 11 October 1995
Iran Foreign Oil Sanctions Act of 1995 - Directs the President to impose certain twelve-month economic sanctions against foreign persons who, with requisite knowledge, export goods or technology that would contribute to Iran's ability to extract, refine, produce, store, or transport petroleum or natural gas products. Waives the requirements of this Act if the President certifies to the appropriate congressional committees that Iran has: (1) substantially improved its adherence to internationally recognized standards of human rights; (2) ceased its efforts to develop or acquire a nuclear explosive device, chemical or biological weapons, or missiles or related delivery systems; and (3) ceased support for acts of international terrorism. Sets forth additional criteria for such a waiver. Directs the President to establish a List of Petroleum and Natural Gas-Related Goods and Technology which shall be subject to the export control restrictions of this Act. Requires the President to report periodically to the appropriate congressional committees on Iran's: (1) nuclear and other military capabilities; and (2) support, if any, for acts of international terrorism.
United States · United States Congress · 29 September 1995
Self-Employed Health Fairness Act of 1995 - Amends the Internal Revenue Code to increase the deduction allowed for health insurance costs for self-employed individuals from 30 to 100 percent.
United States · United States Congress · 28 September 1995
Northern Forest Stewardship Act - Directs the Secretary of Agriculture to: (1) provide technical assistance to Maine, New Hampshire, New York, and Vermont for forest products marketing cooperatives, for implementing principles of sustainability, and for land conservation; (2) prepare a related study of the Northern Forest region; and (3) cooperate in Northern Forest research. Provides for interstate coordination strategy. Directs the Secretary of Labor to provide technical assistance to forest-based industry for labor safety and training activities. Authorizes appropriations for: (1) land conservation; and (2) other activities under this Act. Expresses the sense of the Congress: (1) that States should provide landowners with liability exemptions for permitting free public use of their land; and (2) in favor of a funding mechanism to support conservation of nongame fish and wildlife on public and private land.
United States · United States Congress · 14 September 1995
FEHBP-Medical Savings Account Promotion Act of 1995 - Amends Federal civil service law to permit Federal employees and annuitants enrolled in a catastrophic plan to elect to receive Government contributions into medical savings accounts provided for by this Act under the Federal Employees Health Benefits Program (FEHBP) to cover qualified medical expenses: (1) to the extent such amounts are not compensated for by insurance or otherwise; or (2) for long-term care insurance for the individual, spouse, or dependent. Prohibits the use of account funds to pay for coverage under any kind of health plan except a catastrophic or long-term care insurance plan.
United States · United States Congress · 7 September 1995
Long Island Sound Restoration Act - Directs the Administrator of the Environmental Protection Agency to carry out a demonstration program to make annual grants to the States of New York and Connecticut for: (1) demonstrating methods of restoring and maintaining the water quality of designated bays and harbors of Long Island Sound at which water quality standards pursuant to the Federal Water Pollution Control Act have not been achieved or at which other significant water quality degradation has occurred; (2) demonstrating the importance of controlling nonpoint sources of pollution in restoring and maintaining water quality; (3) enhancing opportunities for water-dependent recreational activities, maintaining a healthy ecosystem, protecting and enhancing marine life, minimizing health risks associated with human consumption of shellfish and finfish, and ensuring that social and economic benefits to the public associated with the Sound are advanced; and (4) advancing goals and recommendations of the Comprehensive Conservation and Management Plan of the Long Island Sound Study. Requires the States of New York and Connecticut, in order to be eligible for grants, to designate bays and harbors of the Sound at which eligible activities will be carried out. Requires grants to be used to: (1) carry out eligible activities and monitoring programs at designated bays and harbors; and (2) educate the public on the implementation and results of such activities. Authorizes appropriations.
United States · United States Congress · 6 September 1995
Amends rule XLIII of the Rules of the House of Representatives to prohibit a House Member, officer, or employee from knowingly accepting a gift except as provided in this Act. Allows such individual to accept a gift (other than cash or cash equivalent) which he or she reasonably and in good faith believes to have a value of less than $50 and a cumulative value from one source during a calendar year of less than $100. Provides that no gift with a value below ten dollars shall count towards the $100 annual limit. Considers a gift to a family member to be a gift to such individual if given with his or her knowledge and acquiescence and if there is reason to believe that the gift was given because of such individual's official position. Treats only the food and refreshment that are provided to such individual as a gift if they are also provided at the same time and place to such individual's spouse or dependent. Includes among exempted items: (1) contributions lawfully made under the Federal Election Campaign Act or attendance at a fund raising event sponsored by a political organization; (2) anything provided on the basis of a personal friendship unless such individual has reason to believe that the gift was provided because of his or her official position; (3) otherwise lawful contributions to such individual's legal expense fund; (4) food, refreshments, lodging, and other benefits which result from the outside business or employment activities of such individual or spouse if such benefits have not been offered or enhanced because of such individual's official position, which are customarily provided by a prospective employer in connection with bona fide employment discussions, or which are provided by a political organization in connection with a fund raising or campaign event; (5) training that is the House's interest; (6) a gift of personal hospitality of an individual other than a registered lobbyist or agent of a foreign principal; and (7) certain other opportunities and benefits provided to the public or to Government employees generally. Establishes conditions under which such individual may accept an offer of free attendance at a convention, dinner, or similar event. Prohibits the acceptance of a gift exceeding $250 on the basis of the personal friendship exception unless the Committee on Standards of Official Conduct issues a written determination that such exception applies. Provides that certain reimbursements to such individual for travel expenses to an event in connection with official duties shall not be considered to be gifts if advance authorization is received and the reimbursements and authorization are disclosed within a specified time period. Declares that activities that are substantially recreational in nature shall not be considered to be in connection with official duties. Includes as prohibited gifts to such individual from a registered lobbyist or an agent of a foreign principal: (1) anything provided to an entity that is maintained or controlled by such individual; (2) a charitable contribution made on the basis of such individual's specification, with the exception of a mass mailing or other solicitation directed to a broad category of persons or entities; (3) a contribution or other payment to such individual's legal expense fund; and (4) a financial contribution or expenditure made relating to a conference or similar event sponsored by, or affiliated with, an official congressional organization for, or on behalf of, such individuals. Provides that a charitable contribution made by a registered lobbyist or agent in lieu of an honorarium to such individual shall not be considered a gift under this Act if such individual reports to the Clerk of the House the name and address of the registered lobbyist, the date and amount of the contribution, and the name and address of the designated or recommended charitable organization. Declares that such rules shall be interpreted and enforced solely by the Committee on Standards of Official Conduct.
United States · United States Congress · 4 August 1995
Prohibits the Secretary of the Interior from issuing a lease, permit, or license for oil or gas exploration or extraction on specified submerged lands of the Outer Continental Shelf.
United States · United States Congress · 4 August 1995
Combat Merchant Mariners Benefit Act of 1990 - Provides that: (1) service in the U.S. merchant marine during a period of war for a total period equal to at least 12 months shall be considered active duty in determining eligibility for veterans' benefits; and (2) such service may be verified by entries in a continuous discharge book, a certificate of discharge to merchant seamen, a certificate of substantially continuous service, or other documentation available from the Secretary of Transportation or the head of any other Federal agency. Limits eligibility. Specifies that: (1) the minimum active-duty service requirement of any law administered by the Department of Veterans Affairs shall apply in determining eligibility for veterans' benefits under this Act; (2) the 12-month requirement under this Act shall not apply to an individual who is permanently disabled in the performance of such service while the vessel is subjected to hostile action; and (3) such service may have been rendered before, on, or after the date of enactment of this Act, with a limitation.
United States · United States Congress · 2 August 1995
Amends the Revenue Act of 1987 to require treatment of a bond issued by any political subdivision of the State referred to in specified transitional rule provisions as issued by the authority referred to in those provisions.
United States · United States Congress · 2 August 1995
Constitutional Amendment - Requires a three-fifths majority of the whole number of each House of the Congress to pass any bill to levy a new tax or increase the rate or base of any tax. Allows the Congress to waive the requirement when a declaration of war is in effect and when the United States is engaged in military conflict that causes an imminent and serious threat to national security and is so declared by a joint resolution, adopted by a majority of the whole number of each House, that becomes law. Makes a bill passed under waiver effective for no longer than two years. Requires all votes under this amendment to be by roll call.
United States · United States Congress · 1 August 1995
Wamp Congress Act of 1995 - Amends the Federal Election Campaign Act of 1971 to: (1) place equal ($2000) contribution limits on multicandidate political committees and other persons generally; and (2) limit House of Representatives election contributions from persons other than in-State individual residents.
United States · United States Congress · 24 July 1995
Prohibits the Secretary of Transportation from closing, consolidating, or reducing to seasonal status any Coast Guard multi- mission small boat station unless he certifies that such action will not result in the degradation of services that would cause an increased threat to life, property, environment, public safety, or national security.
United States · United States Congress · 24 July 1995
Expresses the sense of the House of Representatives that the provisions contained in United Nations Resolution 687 (regarding the inventory and destruction of Iraq's weapons and missiles) and related resolutions which restrict the import of commodities from, and the export of commodities to, the Government of Iraq should remain in full force and effect until such time as the Security Council has determined that such Government has complied with all relevant United Nations resolutions and completed all actions contemplated by the terms of those resolutions.
United States · United States Congress · 19 July 1995
Clean Congress Act of 1995 - Amends the Federal Election Campaign Act of 1971 to prohibit contributions to candidates for Federal office by persons other than individuals or political party committees. (Sec. 3) Prohibits congressional candidates from accepting contributions from persons other than political party committees or in-State individual residents. (Sec. 4) Eliminates multicandidate political committees as a separate political committee category for contribution limitation purposes. (Sec. 5) Limits personal loans by candidates for Federal office to their campaigns to $5000. (Sec. 6) Extends the ban on franked mass mailings by Members of Congress to 90 days before an election. (Sec. 7) Extends the annual contribution limitation to all persons other than political party committees. (Sec. 8) Establishes a ban on gifts to members, officers, and employees of the House of Representatives. Sets forth exceptions to such prohibition.
United States · United States Congress · 17 July 1995
Excludes police officers employed by The Long Island Rail Road Company (LIRR) from coverage under the Employers' Liability Act, Railway Labor Act, Railroad Retirement Act of 1974, Railroad Unemployment Insurance Act, Railroad Retirement Tax Act, and Railroad Unemployment Repayment Tax provisions of the Internal Revenue Code. Sets forth requirements regarding the tax treatment of covered LIRR police officers (or their beneficiaries), including provisions relating to Federal taxation of benefits accrued by covered LIRR police officers under the New York State and Local Police and Fire Retirement System with respect to a controlling collective bargaining agreement and an additional plan.
United States · United States Congress · 13 July 1995
TABLE OF CONTENTS: Title I: Eligible Shareholders of S Corporation Subtitle A: Number of Shareholders Subtitle B: Persons Allowed as Shareholders Subtitle C: Other Provisions Title II: Qualification and Eligibility Requirements for S Corporations Subtitle A: One Class of Stock Subtitle B: Elections and Terminations Subtitle C: Other Provisions Title III: Taxation of S Corporation Shareholders Title IV: Effective Date S Corporation Reform Act of 1995 - Title I: Eligible Shareholders of S Corporation - Subtitle A: Number of Shareholders - Amends the Internal Revenue Code to increase from 35 to 75 the maximum number of shareholders of an S corporation (electing small business corporation). Allows members of a family to be treated as one shareholder. Subtitle B: Persons Allowed as Shareholders - Allows the following entities to be shareholders of S corporations: (1) certain tax-exempt organizations; (2) financial institutions that do not use the reserve method of accounting for bad debts; (3) nonresident aliens; and (4) certain small business trusts. Subtitle C: Other Provisions - Extends the post-death qualification for certain trusts to be permitted as shareholders from 60 days to two years. Title II: Qualification and Eligibility Requirements for S Corporations - Subtitle A: One Class of Stock - Prohibits, for provisions relating to S corporations, treating: (1) qualified preferred stock as a second class of stock; and (2) a person as a shareholder of the corporation because they are a holder of qualified preferred stock. Permits financial institutions to hold safe harbor debt. Subtitle B: Elections and Terminations - Revises the rules on inadvertent terminations by certain trusts of the election to be an S corporation. Authorizes the Secretary of the Treasury to treat certain late elections as timely and to provide an automatic waiver procedure for certain inadvertent terminations. Expands the post-termination transition period until 120 days after a determination is made that the election had terminated in a prior year. Repeals the characterization of excessive passive investment income as a termination event. Increases the tax imposed on such excessive income. Subtitle C: Other Provisions - Permits an S corporation to wholly own the stock of a subsidiary. Provides for the treatment of distributions during loss years. Provides a consent dividend for S corporation elections to by-pass amounts in the accumulated adjustments account when making distributions. Eliminates the rule treating an S corporation as an individual in its capacity as shareholder of another corporation for purposes of subchapter C. Eliminates the pre-1983 earnings and profits accumulated by a corporation that was an S corporation for any taxable year beginning before January 1, 1983, and is so characterized for its first taxable year after December 31, 1995. Allows S corporations to make charitable contributions of inventory and scientific property. Repeals the requirement that partnership rules apply for fringe benefit purposes (making C corporation rules applicable). Provides for the application to two-percent shareholders of S corporations of the rules regarding deduction of health insurance costs of self-employed individuals. Title III: Taxation of S Corporation Shareholders - Applies the exemption from the excise tax on pension plan prohibited transactions to plans providing benefits for S corporation shareholder-employees (as defined before the effective date of the Subchapter S Revision Act of 1982). Treats losses on liquidations of S corporations as ordinary to the extent the loss created by ordinary income pass-through triggered the liquidation. Title IV: Effective Date - Makes this Act effective, subject to exception, for taxable years beginning after December 31, 1995.
United States · United States Congress · 11 July 1995
Amends the National Defense Authorization Act for Fiscal Years 1992 and 1993 to authorize the display of the POW-MIA flag on the grounds of each Department of Veterans Affairs medical center. Directs the Administrator of General Services to procure and distribute POW-MIA flags to the medical centers within 30 days of this Act's enactment.
United States · United States Congress · 11 July 1995
Directs the Secretary of the Interior to make corrections to a specified map of the Coastal Barrier Resources system relating to Fire Island Unit NY-59P as necessary to: (1) move the eastern boundary of the excluded area covering Ocean Beach, Seaview, Ocean Bay Park, and part of Point O'Woods to the western boundary of the Sunken Forest Preserve; and (2) ensure that the depiction of "otherwise protected areas" does not include any area owned by the Point O'Woods Association, a privately held corporation under the laws of the State of New York.
United States · United States Congress · 30 June 1995
Changes the initial month for which cost-of-living increases in military retired pay become payable to March of the following year for those increases which became effective on December 1 of 1993, 1994, or 1995. Expresses the sense of the Congress that any future changes concerning the determination of cost-of-living adjustments should be identical for Federal civilian and military retirees.
United States · United States Congress · 30 June 1995
Independent Contractor Tax Simplification Act of 1995 - Amends the Internal Revenue Code to provide that, for purposes of determining the employment status of individuals as employees, a service provider shall not be treated as an employee, a service recipient shall not be treated as an employer, and a payor shall not be treated as an employer if: (1) a service provider has a significant investment in assets and training, incurs significant unreimbursed expenses, agrees to perform the service for a specified amount of time or to complete a specific result and is responsible for damages for early termination without cause, receives payment primarily on a commission basis, or has purchased resale products; (2) the service provider has a principal place of business, does not primarily provide service in the service recipient's place of business, or pays a fair market rent for use of the recipient's place of business or does not have to perform service only for the service recipient and, in the current year or in the proceeding or subsequent years, has performed or has offered to perform a significant amount of service for other persons; and (3) the services by an individual are performed according to a written contract between the service recipient or payor which provides that the individual will not be treated as an employee.
United States · United States Congress · 29 June 1995
Coastal Zone Management Reauthorization Act of 1995 - Amends the Coastal Zone Management Act of 1972 to authorize annual grants to States to develop coastal zone management programs. Limits each State to four (currently, two) grants. Authorizes grants to States to implement program changes. Allows financial assistance under existing provisions for research and monitoring in a national estuarine reserve to be used for research outside such a reserve if the activities support research inside the reserve. Authorizes appropriations for: (1) such development grants; (2) administering State management programs; (3) resource management improvement grants; (4) coastal zone enhancement grants; (5) grants under the National Estuarine Research Reserve System; (6) technical assistance; and (7) expenses incidental to the administration of the Act.
United States · United States Congress · 29 June 1995
Middle East Peace Compliance Act of 1995 - Declares that the Congress has determined that the Palestine Liberation Organization (PLO) continues to disregard the commitments it has made under specified agreements with Israel. Prohibits U.S. assistance to Palestinians living under the administrative control of the PLO or the Palestinian Authority until the President certifies to the Congress that: (1) the PLO and the Palestinian Authority have complied with the requirements of such agreements; (2) a financial audit has been made by the General Accounting Office (GAO) which provides a full accounting of all U.S. assistance to the Palestinian Authority; (3) the GAO has accounted for all U.S. and international assistance that it believes may have been misused by such entities; (4) the PLO has taken steps to provide information leading to the arrest and extradition to the United States for prosecution of PLO-connected individuals alleged to be responsible for terrorist attacks on specified American citizens or property since 1964; (5) full and fair compensation is provided by the PLO to U.S. victims of PLO terrorism; and (6) equipment and technology for security examination of cargo and vehicles have been made available to Israel. Directs the President to disclose in a classified manner to certain congressional committees the substance of any secret agreements, understandings, or promises, either formal or informal, between the United States and Israel, and the United States and the PLO, connected with the implementation of the Declaration of Principles, that commits the United States to certain courses of action or provisions of assistance. Authorizes the President to suspend specified provisions of Federal law until May 31, 1996, subject to prior approval of the Chairmen of certain congressional committees. Directs the President to request both the PLO and the Palestinian Authority to provide a financial statement of their assets and income for the year before enactment of this Act. Prohibits funds to the Palestinian Authority until the President reports such information to the relevant congressional committees. Prohibits the President from making any commitments or providing funds for any activity for the establishment of a U.S. diplomatic post in any area under the administrative control of the PLO or the Palestinian Authority.
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