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![Official portrait of Rep. Gillmor, Paul E. [R-OH-5]](https://www.congress.gov/img/member/g000210_200.jpg)
United States · Official source
2,135 records where Rep. Gillmor, Paul E. [R-OH-5] is listed as a sponsor, author, or other actor. Search with topics and years
United States · United States Congress · 10 February 1995
Repeals penalties for noncompliance by States with a program requiring the use of motorcycle helmets.
United States · United States Congress · 10 February 1995
TABLE OF CONTENTS: Title I: Commemorative Coins Title II: Circulating Coins Thomas Alva Edison Sesquicentennial Commemorative Coin Act - Title I: Commemorative Coins - Directs the Secretary of the Treasury to mint one-dollar silver coins emblematic of the inventions made by Thomas Alva Edison in commemoration of the sesquicentennial of his birth. Directs the Secretary to conduct an open design competition for the design of the obverse and reverse of the coins. Terminates the authority to mint such coins after December 31, 1997. Requires that certain surcharges received from coin sales be distributed to specified entities. Title II: Circulating Coins - Amends Federal law to declare that the obverse side of half-dollar coins minted between specified dates shall have the same likeness of Thomas Alva Edison as the commemorative coins minted under this Act.
United States · United States Congress · 9 February 1995
Helium Privatization Act of 1995 - Amends the Helium Act to authorize the Secretary of the Interior to: (1) enter into agreements with private parties for the recovery and disposal of helium on Federal lands; (2) grant leasehold rights to such helium; (3) store and transport crude helium; and (4) maintain and operate existing crude helium storage at the Bureau of Mines Cliffside Field. Directs the Secretary to: (1) cease producing, refining, and marketing refined helium; and (2) dispose of all facilities, equipment, and Federal property interests relating to refined helium activities. Requires the Secretary to impose fees for helium storage, withdrawal, or transportation services. Prescribes guidelines for: (1) the purchase of helium by Federal agencies from certain private persons; and (2) the sale of crude helium by the Secretary. Prohibits the Secretary from making crude helium sales in amounts that will disrupt the crude helium market price. Mandates that proceeds from helium sales be paid to the Treasury. Instructs the Secretary to eliminate helium stockpiles by a prescribed deadline. Repeals the Secretary's authority to borrow under the Helium Act. Directs the Inspector General of the Department of the Interior to prepare certain annual financial statements for the Helium Operations of the Bureau of Mines.
United States · United States Congress · 7 February 1995
Truth in Budgeting Act - Prohibits the receipts and disbursements of the Highway Trust Fund, the Airport and Airway Trust Fund, the Inland Waterways Trust Fund, and the Harbor Maintenance Trust Fund from being included in either the Federal budget as submitted by the President or in the congressional budget. Exempts such trust funds from any general statutory budget limitation. (Sec. 3) Amends Federal transportation law to require the Secretary of Transportation to estimate annually what, but for this Act, would be at the close of the next fiscal year: (1) the amount of unfunded aviation authorizations; and (2) the net aviation receipts. Requires the Secretary to: (1) determine the amount by which unfunded aviation authorizations does or does not exceed net aviation receipts; and (2) make appropriate adjustments to amounts authorized to be appropriated and the amounts available for obligation from the Airport and Airway Trust Fund based on the difference. (Sec. 4) Sets forth similar provisions with respect to the Inland Waterways and the Harbor Maintenance Trust Funds.
United States · United States Congress · 3 February 1995
Superfund Recycling Equity Act of 1995 - Amends the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 to absolve persons (other than owners or operators) who arranged for the recycling of recyclable material from liability for environmental response actions. Deems transactions involving scrap paper, plastic, glass, textiles, or rubber (other than whole tires) to be arranging for recycling if the person who arranged the transaction demonstrates that the following criteria were met: (1) the recyclable material met a commercial specification grade and a market existed for the material; (2) a substantial portion of the material was made available for use as a feedstock for the manufacture of a new saleable product; (3) the material (or product to be made from the material) could have been a replacement for a virgin raw material; and (4) with respect to transactions occurring 90 days after this Act's enactment, the person exercised reasonable care to determine that the facility where the material would be managed by another was in compliance with Federal, State, or local environmental laws or regulations. Deems transactions involving scrap metal to be arranging for recycling if the person who arranged the transaction demonstrates that: (1) the criteria for scrap materials were met; (2) he or she complied with applicable standards regarding activities associated with the recycling of scrap metals; and (3) the scrap metal was not melted prior to the transaction. Deems transactions involving spent lead-acid, nickel-cadmium, or other batteries to be arranging for recycling if the person involved demonstrates that: (1) the criteria for scrap materials were met; and (2) he or she complied with applicable Federal environmental regulations or standards regarding such batteries. Makes the exemptions from liability under this Act inapplicable if the person: (1) had an objectively reasonable basis to believe at the time of the recycling transaction that the recyclable material would not be recycled or would be burned as fuel or for energy recovery or incineration or that the consuming facility was not in compliance with Federal, State, or local environmental laws or regulations; (2) added hazardous substances to the material for purposes other than processing for recycling; or (3) failed to exercise reasonable care with respect to the management of the material. Makes such exemptions inapplicable if the recyclable material contained polychlorinated biphenyls in excess of 50 parts per million or any new Federal standard.
United States · United States Congress · 3 February 1995
Expresses the sense of the Congress that the current link should be maintained between: (1) the levels of earnings allowed for blind individuals entitled to disability insurance benefits; and (2) the exempt amounts allowed for purposes of the social security earnings test for individuals who have attained retirement age.
United States · United States Congress · 1 February 1995
Amends the Internal Revenue Code to allow an individual income tax deduction for contributions to a savings account established to pay the educational expenses (tuition, supplies, meals, and lodging) of the taxpayer's child or certain other relatives at an institution of higher education or a vocational school. Limits the deduction to $1,500 annually (adjusted for inflation) for each account. Disallows the deduction for contributions to an account maintained for any individual aged 19 or older. Requires any account balance to be distributed after the beneficiary attains age 30. Permits an exclusion from the gross income of the contributor or the beneficiary of account distributions used to pay educational expenses of the latter. Exempts an account from taxation (except for the tax on unrelated business income of a charitable organization), unless a contributor or the beneficiary engages in specified prohibited transactions. Imposes a ten percent surtax on distributions not used for educational purposes. Requires the account trustee to report to the Secretary of the Treasury and to the account's beneficiary concerning the account. Imposes a penalty for failure to report. Allows taxpayers who do not otherwise itemize deductions to deduct for contributions to an education savings account. Imposes penalty taxes in connection with excess contributions or prohibited transactions associated with an account. Exempts from annual contribution limitations distributions from education savings accounts into individual retirement accounts. Excludes from gross income distributions from individual retirement accounts into education savings accounts.
United States · United States Congress · 1 February 1995
Fairness in Musical Licensing Act of 1995 - Revises Federal copyright law to provide that communication by electronic device of a transmission embodying a performance or display of a work by the reception of a broadcast, cable, satellite, or other transmission shall not be a copyright infringement unless an admission fee is charged to see or hear the transmission or the transmission is not properly licensed. Provides that a performance or display in a commercial establishment shall not be considered infringement if incidental to the main purpose of the establishment. Specifies that, if a general music user and a performing rights society are unable to agree on the appropriate fee to be paid for the user's past or future performance of musical works in the society's repertoire, the user shall be entitled to binding arbitration of such disagreement pursuant to the rules of the American Arbitration Association in lieu of any other dispute-resolution mechanism established by any judgment or decree governing the operation of such society. Requires the arbitrator to determine a fair and reasonable fee for the user's past and future performance of works in such society's repertoire and to impose a penalty for infringement if the user's past performance infringed the copyright of such works. Makes an arbitrator's determination binding on both parties. Sets forth provisions regarding civil actions for infringement that may be submitted to arbitration if the license fee for a performance is contested. Requires a performing rights society, at the request of any radio broadcaster, to offer the broadcaster a per programming license to perform nondramatic musical works in its repertoire. Directs that such license be offered on terms and conditions that provide an economically and administratively viable alternative to blanket licenses. Sets forth provisions regarding prices of such licenses. Requires, beginning January 1, 1998, the performance of nondramatic musical works by broadcasters under any per programming period license to be determined on the basis of statistically reliable sampling or monitoring by the society and prohibits the society from requiring the broadcaster to report such performance to the society. Authorizes such broadcasters to bring actions to require compliance with such requirements. Directs each performing rights society to make available free online computer access to copyright and licensing information for each work in its repertoire as well as a semiannual printed directory of each title in its repertoire. Requires such society, upon request, to provide to any person who may perform musical works in its repertoire, copies of documentation establishing the society's right to license the public performance of such works. Bars a society from instituting or being a party to any action alleging infringement in, or charging a fee under any per programming period license for, any work in the repertoire that is not identified or documented as described above, with exceptions. Requires the Attorney General to report annually to the Congress on the activities of the Department of Justice relating to the continuing supervision and enforcement of specified consent decrees of the American Society of Composers, Authors, and Publishers and Broadcast Music, Inc. Sets forth conditions under which landlords, organizers of conventions, or others making space available to another party are exempt from liability under any theory of vicarious or contributory infringement with respect to an infringing public performance of a copyrighted work by a tenant, lessee, or other user of such space. Provides that the transmission of religious services or the recording of copies or phonorecords of a transmission program embodying such services shall not be a copyright infringement.
United States · United States Congress · 1 February 1995
Private Property Owners Bill of Rights - Requires Federal agency heads to: (1) comply with applicable State and tribal government laws in implementing and enforcing the Endangered Species Act of 1973 (ESA) and the permitting program for dredged or filled material under the Federal Water Pollution Control Act (FWPCA); (2) administer and implement the Acts in a manner that least affects the private property owners' constitutional and other legal rights; (3) develop and implement rules and regulations for ensuring that such rights are protected when making any final decision that restricts the use of private property; (4) obtain the consent of the property owner and provide appropriate notice before entering privately-owned property in order to collect information on it; and (5) give the property owner an opportunity to review and dispute the data collected before using it to implement or enforce any of the Acts. Amends ESA and FWPCA to provide for administrative appeals of certain actions, including those related to the denial of permits and the imposition of administrative penalties. Entitles a private property owner deprived of 50 percent or more of the fair market value or the economically viable use of a portion of property as a consequence of a final qualified agency action to receive compensation upon request in accordance with specified guidelines. Amends ESA to require the Secretary of the Interior to notify all private property owners or lessees of property subject to a management agreement and provide an appropriate opportunity for their participation in such an agreement when the Secretary enters into it with any non-Federal person establishing restrictions on property use.
United States · United States Congress · 31 January 1995
Shenandoah Valley National Battlefields Partnership Act of 1995 - Establishes the Shenandoah Valley National Battlefields in Virginia. Directs the Secretary of the Interior to protect, manage, and administer the Battlefields for the purposes of preserving and interpreting their natural, cultural, and historical resources and of providing for public understanding and appreciation of the Battlefields in such a manner as to perpetuate these qualities and values for future generations. Authorizes the Secretary to acquire lands within the boundaries of the Battlefields, subject to specified requirements. Directs the Secretary to allow at Battlefield locations any living history demonstrations and battlefield reenactments that occurred during the 12 months prior to enactment of this Act or that are otherwise determined appropriate. (Sec. 6) Requires that the Battlefields be managed by the Secretary pursuant to this Act and the Shenandoah Valley National Battlefields plan (plan) to be developed by the Shenandoah Valley National Battlefields Commission (to be established under this Act) and approved by the Secretary. (Sec. 7) Authorizes the Secretary to establish partnerships and enter into cooperative agreements concerning lands within the Battlefields and historic core areas with other Federal, State, or local agencies and private persons and organizations. (Sec. 8) Authorizes the Secretary: (1) to award grants and provide technical assistance to owners of property located within the battlefields and historic core areas to provide for the preservation and interpretation of natural, cultural, and historical resources; and (2) to award grants and provide technical assistance to governmental entities to assist with the planning, development, and implementation of comprehensive plans, land use guidelines, regulations, ordinances, or other appropriate documents that are consistent with and designed to protect the historic character of the Battlefields and historic core areas. Directs the Commission to conduct a regular review of approved plans, guidelines, regulations, ordinances, or documents (documents), and where appropriate, to recommend that the Secretary withdraw approval and suspend any grant authority pursuant to this section. Terminates the Commission 45 days after plan approval by the Secretary. Directs the Secretary to suspend grants awarded upon determining that such documents are modified in a manner that is inconsistent with the protection of the historic character of the Battlefields and historic core areas. Specifies that the Federal share of any grant made under this section may not exceed the amount of the non-Federal funds provided. (Sec. 10) Directs the Commission to: (1) advise the Secretary on the administration of the Battlefields; (2) assist Virginia or any political subdivision thereof in the management, protection, and interpretation of the natural, cultural, and historical resources within the historic core areas; and (3) take appropriate action to encourage protection of the natural, cultural, and historical resources within the Battlefields and historic core areas by landowners, local governments, organizations, and businesses. Authorizes the Commission to assist any nonprofit organization in the management, protection, and interpretation of the natural, cultural, and historical resources within the historic core areas. (Sec. 11) Authorizes appropriations.
United States · United States Congress · 31 January 1995
Commercial Aviation Fuel Tax Repeal Act of 1995 - Amends the Internal Revenue Code to repeal the increase in tax on fuel used in commercial aviation scheduled to take effect after September 30, 1995.
United States · United States Congress · 26 January 1995
Bartlett-Mfume Health Insurance Deduction Act - Amends the Internal Revenue Code to restore the 25-percent deduction for health insurance costs of self-employed individuals for the taxable year 1994.
United States · United States Congress · 23 January 1995
Constitutional Amendment - Requires the Congress, prior to each fiscal year, to adopt a statement in which total Federal outlays do not exceed total receipts, unless a three-fifths vote of both Houses authorizes a specific excess. Declares that actual outlays include the cost to a State of any requirement imposed upon a State by Federal law that is not paid for by the Federal Government, and the cost to a State of complying with any condition imposed by Federal law on the receipt by a State of appropriated funds, other than a condition directly and substantially related to the purpose of the appropriation. Directs the President to submit a balanced budget. Waives the provisions of this amendment for any fiscal year in which a declaration of war is in effect or when the United States by law faces an imminent and serious military threat to national security. Sets a permanent limit on the amount of Federal public debt, prohibiting any increase unless legislation enacted by a three-fifths majority of both Houses becomes law. Requires roll call votes in the House and Senate under this amendment.
United States · United States Congress · 20 January 1995
Amends the Solid Waste Disposal Act to authorize a State to enforce laws regulating, and collecting fees for, the treatment and disposal within such State of solid waste generated in another State. Exempts specified types of waste from regulation under this Act. Grants congressional approval to agreements or compacts entered into by two or more States for cooperative efforts and mutual assistance for solid waste management. Authorizes the Administrator of the Environmental Protection Agency to promulgate regulations exempting waste types or recycling practices from the authority granted to States under this Act if such action promotes the development of an interstate market for recyclable materials or is necessary to promote environmentally sound waste disposal practices.
United States · United States Congress · 20 January 1995
Amends the Consolidated Omnibus Budget Reconciliation Act of 1985 to prohibit the charging of customs user fees in connection with the arrival of passengers aboard aircraft that carry no more than 11 passengers, if: (1) the aircraft provides transportation only between places that are no more than 50 miles apart; (2) it is in competition with a ferry; and (3) the transportation fee is less than $35.
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 · 13 January 1995
Constitutional Amendment - Prohibits the Congress from enacting any laws effectively requiring any State or local government to expend non-Federal funds to comply with any Federal law unless it is reimbursed for doing so.
United States · United States Congress · 11 January 1995
Amends the Omnibus Budget Reconciliation Act of 1990 to: (1) make permanent the Medicare select policy program; and (2) allow access to Medicare select policies in all States. Amends title XVIII (Medicare) of the Social Security Act to revise the Medicare select policy program and provide for a civil penalty for misrepresentations made in connection with a Medicare select policy.
United States · United States Congress · 11 January 1995
Social Security Trust Funds Integrity Act of 1995 - Amends titles II (Old Age, Survivors and Disability Insurance) (OASDI) and XVIII (Medicare) of the Social Security Act to restructure the Board of Trustees of the trust funds supporting the OASDI and Medicare programs, with each Board composed of members appointed by the President, by and with the advice and consent of the Senate, on a bipartisan basis at the recommendation of House and Senate leadership and the five largest organizations representing senior citizens. Makes it the duty of the Managing Trustee chairing the Board to invest trust fund amounts according to an annual investment plan the Board is required to formulate and submit to the President and the Congress. Removes restrictions on investment and disinvestment of amounts in such trust funds.
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
Requires the head of any Federal agency to differentiate between fats, oils, and greases of animal, marine, or vegetable origin, and other oils and greases in issuing certain regulations.
United States · United States Congress · 9 January 1995
Amends the Internal Revenue Code to make permanent the deduction for the health insurance costs of self-employed individuals.
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 · 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
Authorizes the Secretary of Defense, during each fiscal year, to make up to 10,000 Department of Defense personnel available to assist: (1) the Immigration and Naturalization Service in preventing the entry into the United States of terrorists, drug traffickers, and illegal aliens; and (2) the U.S. Customs Service in the inspection of cargo, vehicles, and aircraft at points of entry into the United States.
United States · United States Congress · 4 January 1995
Repeals the National Voter Registration Act of 1993.
United States · United States Congress · 4 January 1995
1995 Community Protection Initiative - Amends the Federal criminal code to exempt qualified current and former law enforcement officers carrying appropriate written identification of such status from State and local laws prohibiting the carrying of a concealed handgun.
United States · United States Congress · 4 January 1995
Amends Federal law to exclude the Civil Service Retirement and Disability Fund from the Federal and congressional budgets, and exempt it from any general budget limitation imposed by statute on U.S. budget outlays and from certain orders issued under the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act).
United States · United States Congress · 4 January 1995
American Dream Restoration Act - Amends the Internal Revenue Code to allow individuals a tax credit of $500 multiplied by the number of qualifying children who have not attained age 18. Places limitations on such credit based on: (1) taxpayer adjusted gross incomes over $200,000; and (2) social security tax payments. Provides an inflation adjustment for such credit and the taxpayer adjusted gross income amount. Allows a tax credit for qualified married couples equal to a dollar amount determined by the Secretary of the Treasury to reduce revenues by $2 billion. Describes such couples as those who would be required to pay more in income taxes because they are married than they would be required to pay if they were not married. Establishes individual retirement plans which can be designated as American Dream Savings Accounts. Disallows a tax deduction for amounts contributed to such accounts. Limits contributions to such accounts to the lesser of $2,000, or compensation includible in an individual's gross income for a taxable year ($4,000 in the case of certain married individuals). Provides an inflation adjustment on such amounts. Permits contributions to be made after age 70.5. Excludes distributions from such accounts from gross income and makes the penalty on early distributions inapplicable. Designates qualified distributions as those: (1) made after the individual attains age 59.5; (2) made to a beneficiary on or after the death of the individual; (3) attributable to the individual being disabled; and (4) qualified as special purpose distributions. Prohibits qualified distributions from being made within the five-year period since the account began. Describes special purpose distributions as those for: (1) qualified first-time homebuyers; (2) qualified higher education expenses; and (3) qualified medical expenses, including long-term care insurance.
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
Amends the Uniformed Services Survivor Benefits Amendments of 1980 to entitle certain individuals who were widowed before September 21, 1972, and who are not covered by the Military Survivor Benefit Plan to an annuity.
United States · United States Congress · 4 January 1995
Subsidy Termination for Overdue Payments Act of 1995 - Prohibits a Federal agency or instrumentality from providing financial assistance, with specified exceptions, without certification that the applicant is: (1) not more than 60 days delinquent in the payment of a child support payment order; or (2) in compliance, if so delinquent, with an agreement regarding support collection with the person to whom payment is to be made or a State providing collection services to that person.
United States · United States Congress · 4 January 1995
Amends the Internal Revenue Code to make the deduction for health insurance costs of self-employed individuals permanent. Increases such 25 percent deduction to 100 percent for years after December 31, 1994.
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
Constitutional Amendment - Requires the Congress, prior to each fiscal year, to adopt a statement in which total Federal outlays do not exceed total receipts, unless a three-fifths vote of both Houses authorizes a specific excess. Prohibits a bill to increase receipts from becoming law unless approved by a three-fifths majority in each House. Directs the President to submit a balanced budget. Sets a permanent limit on the amount of Federal public debt, prohibiting any increase unless legislation enacted by a three-fifths majority of both Houses become law. Requires roll call votes in the House and Senate under this amendment.
United States · United States Congress · 4 January 1995
TABLE OF CONTENTS: Title I: Social Security Earnings Test Title II: Repeal of Increase in Tax on Social Security Benefits Title III: Treatment of Long-Term Care Title IV: Senior Citizen Communities Senior Citizens' Equity Act - Title I: Social Security Earnings Test - Amends title II (Old-Age, Survivors and Disability Insurance) (OASDI) of the Social Security Act to increase the monthly exempt amount, under the earnings test, for individuals who have attained retirement age. Sets forth a schedule of monthly adjustments increasing from $1,250 for taxable year 1996 to $2,500 for taxable year 2000 (amounting, by the year 2000, to an annual exempt amount of $30,000 such individuals may earn before being subject to benefit reductions). Title II: Repeal of Increase in Tax on Social Security Benefits - Amends the Internal Revenue Code to schedule from 1996 through 2000 a reduction from 85 percent to 50 percent the amount of Social Security benefits on which beneficiaries earning more than $34,000 annually ($44,000 for couples) are liable for income tax. Title III: Treatment of Long-Term Care - Amends the Internal Revenue Code to treat a long-term care insurance contract as an accident or health insurance contract. (Sec. 301) Restricts the meaning of long-term care insurance contract to a guaranteed renewable contract without cash surrender value: (1) covering only qualified long-term care services and benefits incidental to such coverage; (2) excluding expenses for services or items reimbursable under Medicare (except where Medicare is a secondary payor); and (3) applying all premium refunds and all policyholder dividends or similar amounts to reduce future premiums or increase future benefits. Limits qualified long-term care services to necessary diagnostic, preventive, therapeutic, and rehabilitative services, as well as maintenance or personal care services prescribed by a licensed health care practitioner for a chronically ill individual in a qualified facility who is unable to perform (without substantial assistance from another individual) at least two activities of daily living (including walking or wheeling, dressing, toileting and bathing, transferring in and out of a bed or chair, and eating). Makes an individual's home a qualified facility if a licensed health care practitioner certifies that without home care the individual would have to be cared for in a State-licensed or Medicare- or Medicaid-certified nursing, rehabilitative, hospice, or adult day care facility. Treats as a separate contract subject to this Act, unless the Secretary provides otherwise in regulations, any rider on a life insurance contract that covers long-term care insurance. Includes in gross income the aggregate amount of benefits received under a long-term care insurance contract that exceeds $200 for any day (adjusted for inflation). Prescribes a one-year full preliminary term method as the method, in the case of any long-term care insurance contract, for computing reserves for the purposes of determining the taxable income of life insurance companies. Declares that a health care plan shall not be subjected to an excise tax for failure to satisfy continuation coverage requirements solely by reason of failing to provide coverage under any long-term care insurance contract. (Sec. 302) Excludes from gross income any benefits (not in excess of $200 per day) received under a long-term care insurance contract, including employer-provided coverage under such a contract. (Sec. 303) Allows an income tax deduction for qualified long-term care services, subject to specified limits. (Sec. 304) Treats as a nontaxable exchange the exchange of a contract of life insurance or an endowment or annuity contract for a long-term care insurance contract. (Sec. 305) Reduces any amounts includible in gross income by reason of distributions from individual retirement plans or 401(k) plans by the aggregate premiums paid by an individual for any long- term care insurance contract for the benefit of such individual or his or her spouse. (Sec. 306) Excludes from gross income accelerated death benefits paid from life insurance policies for individuals who are terminally ill or permanently confined to a nursing home. (Sec. 307) Provides for: (1) continuation of long-term care insurance policies existing before January 1, 1996, which meet State insurance requirements; and (2) nonrecognition of gain or loss in the exchange, before January 1, 1996, of existing policies for policies under this Act, except to the extent of any money or property received in addition to a long-term care insurance contract. Requires the Secretary of the Treasury to report to the Congress on the Department of the Treasury's interpretation of the tax treatment of contracts which provide long-term care services but which are not long-term care insurance contracts under this Act. Title IV: Senior Citizen Communities - Amends the Fair Housing Act with respect to the exemption for housing for older persons from the prohibition against discrimination based on familial status. Revises the definition of housing for older persons to repeal the requirement that such housing possess significant facilities and services specifically designed to meet the physical or social needs of older persons. (Sec. 402) Declares that an individual who engages in conduct with a reasonable good faith reliance on the existence of such exemption is not personally liable for money damages for a violation of such Act that the exemption would have vitiated. Presumes such good faith reliance of a person engaged in the business of residential real estate transactions if: (1) he or she has no actual knowledge that the facility or community is or will be ineligible for such exemption; and (2) the facility or community gives him or her a written certification stating its compliance with the requirements for such exemption.
United States · United States Congress · 4 January 1995
Constitutional Amendment - Denies enforceability against any State or local government of: (1) any obligation imposed upon such government by or pursuant to a Federal law that becomes effective after the ratification of this amendment unless the Federal Government provides the funds needed to pay compliance costs; and (2) any condition similarly imposed upon the receipt of Federal assistance by such a government unless it is directly and substantially related to the specific subject matter of the assistance. Allows waiver of such denial by a two-thirds recorded roll call vote of each House of Congress only if such obligations or conditions are specifically identified and imposed by a single, specified Act of Congress containing no other matter. Provides for judicial review, but disallows as a judicial remedy any order or ruling that the Federal Government provide a State or local government with the funds needed to pay its compliance costs.
United States · United States Congress · 4 January 1995
Constitutional Amendment - Provides that no person who has been elected to the Senate two times shall be eligible for election or appointment to the Senate. Provides that no person who has been elected to the House of Representatives six times shall be eligible for election to the House.
United States · United States Congress · 4 January 1995
Constitutional Amendment - Provides for staggered four-year terms for Members of the House of Representatives. Prohibits persons from being elected to the House more than four times or more than three times to four-year terms. Prohibits persons from being elected to the Senate more than twice.
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
Community Solvency Act of 1995 - Authorizes a State or qualified political subdivision to exercise flow control authority for: (1) municipal solid waste, incinerator ash, and construction or demolition debris generated within their boundaries if, before May 15, 1994, such entity adopted a law, regulation, or legally binding provision that contains such authority and directs the waste, ash, or debris to a waste management facility designated before such date or identifies the use of waste management methods and such entity committed to the designation of a facility for such methods; and (2) voluntarily relinquished recyclable materials generated within its boundaries. Establishes similar authority for States and subdivisions that meet such requirements after this Act's enactment. Provides that laws, regulations, or legally binding provisions that implement flow control authority shall be considered to be a reasonable regulation of commerce. Permits such authority with respect to recyclable materials only if: (1) the generator or owner of the materials voluntarily made the materials available to the State or subdivision and relinquished any rights to, or ownership of, such materials; and (2) the State or subdivision assumes such rights or ownership. Allows such authority with respect to solid waste or recyclable materials only if the State or subdivision establishes a program to separate or divert recyclable materials for purposes of recycling, reclamation, or reuse. Makes such condition inapplicable in certain cases. Establishes additional conditions on the exercise of flow control authority, including requirements that: (1) such authority is necessary to meet current or anticipated waste management needs; (2) revenues derived from the exercise of such authority are devoted primarily to solid waste management service; and (3) States and subdivisions implement a competitive designation process with respect to waste management facilities or facilities for recyclable materials. Retains the applicability of certain existing laws and contracts and considers such laws and contracts to be a reasonable regulation of commerce. Prohibits political subdivisions from exercising flow control authority to direct the movement of municipal solid waste to any waste management facility for which a Federal permit was denied twice before this Act's enactment.
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
Constitutional Amendment - Prohibits outlays for a fiscal year (except those for repayment of debt principal) from exceeding total receipts (except those derived from borrowing) for that fiscal year unless the Congress, by a three-fifths roll call vote of each House, authorizes a specific excess of outlays over receipts. Requires a three-fifths roll call vote of each House to increase the public debt. Directs the President to submit a balanced budget to the Congress. Requires the approval of a majority of each House by roll call vote before any bill to increase revenue may become law. Waives these provisions when a declaration of war is in effect. Waives these provisions when the United States is engaged in a military conflict which poses a threat to national security as declared by a joint resolution adopted by a majority of each House.
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 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
Thomas Alva Edison Sesquicentennial Commemorative Coin Act - Directs the Secretary of the Treasury to mint one-dollar silver coins emblematic of the inventions made by Thomas A. Edison in commemoration of the sesquicentennial of his birth. Instructs the Secretary to conduct an open design competition for the design of the obverse and reverse of the coins. Terminates the authority to mint such coins after December 31, 1997. Mandates that certain surcharges received from coin sales be distributed to specified entities.
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 · 22 September 1994
Centennial of Flight Commemoration Act - Establishes the Centennial of Flight Commission to commemorate the first manned airplane flight by the Wright brothers. Authorizes appropriations.
United States · United States Congress · 20 September 1994
Federal Integrated Spent Fuel and High-Level Waste Management Act of 1994 - Amends the Nuclear Waste Policy Act of 1982 to instruct the Secretary of Energy to begin taking possession and providing for the removal from existing storage facilities of high-level radioactive waste and spent nuclear fuel by a specified deadline. Transfers title to such waste or spent fuel to the Secretary at the time of its Federal removal or possession. Directs the Secretary to: (1) establish a Federal Integrated Spent Fuel and High-Level Waste Management Program to implement such directive; and (2) submit annual status reports to the Congress.