United States · United States Congress · 13 February 1995
Volunteer Protection Act of 1995 - Prescribes circumstances under which volunteers working for nonprofit organizations or government entities shall be immune from personal financial liability for acts on behalf of the organization or entity. Sets forth exceptions and conditions that a State may impose on the granting of such immunity. Requires the Secretary of Health and Human Services to increase by one percent the fiscal year allotment which would otherwise be made to a State to carry out the Social Services Block Grant Program under title XX of the Social Security Act if such State has, within two years, certified to the Secretary that it has enacted a State law which provides such immunity. Provides for the continuation of such increase based on an annual recertification.
United States · United States Congress · 10 February 1995
Directs the Secretary of the Navy to provide for the retroactive award of the Navy Combat Ribbon with respect to participation in ground or surface combat during any period after July 4, 1943, and before March 1, 1961.
United States · United States Congress · 8 February 1995
Office of Surgeon General Termination Act - Transfers all authorities and personnel of the Office of the Surgeon General of the Public Health Service to the Assistant Secretary for Health of the Department of Health and Human Services. Rescinds all unobligated portions of budget authority allocated for the Office. Terminates the Office and the position of such Surgeon General.
United States · United States Congress · 3 February 1995
Provides that the Code of Laws of the United States and the U.S. Code Annotated (or the Federal Code Annotated) shall not be furnished to Members of the House of Representatives. Permits Members to purchase versions of the U.S. Code under the appropriate official allowance.
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 · 2 February 1995
Congressional Members' Pension Limitation Act of 1995 - Amends Federal civil service retirement system (CSRS) provisions to prohibit deductions and withholdings from the pay of a Member of Congress with respect to any pay period beginning after: (1) such Member has completed five years of civilian service; or (2) the effective date of this Act in the case of a Member whose service exceeds five years. Removes provisions regarding eligibility for annuities of Members of Congress under CSRS. Requires the level of individual and Government contributions under the Thrift Savings Plan (TSP) to be the percentage of pay specified under existing law (up to ten percent and one percent plus matching contributions, respectively) for Members from whom deductions from pay may not be made by reason of this Act and who have 12 or fewer years of service. Prohibits Government and matching contributions to the TSP for Members with more than 12 years of service. Makes parallel amendments to provisions regarding the Federal Employees' Retirement System, including a prohibition on making deductions under such system from the pay of individuals who become Members on or after this Act's effective date. Excludes any period of service for which such deductions may not be made from the total period of service used in any computation of a basic annuity or other benefits based on service.
United States · United States Congress · 2 February 1995
Taxpayer Protection Act of 1995 - Prohibits funds appropriated or made available under any law from being used for the purpose of any swap, loan, loan guarantee, or grant to Mexico until the Congress has affirmatively approved such assistance.
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 · 31 January 1995
Biomaterials Access Assurance Act of 1995 - Provides that, in any civil action, a biomaterials supplier (one who supplies components or raw materials used to manufacture implants) may raise any defense provided under this Act. Exempts a biomaterials supplier (supplier) from liability for harm to a claimant caused by an implant, with exceptions in the case of a supplier who: (1) is a registered manufacturer of the implant; (2) is a seller of the implant and who held title to the implant at the time of sale; or (3) furnishes raw materials or components that fail to meet applicable contractual requirements or specifications. Provides grounds for liability with respect to each exception. Outlines procedural guidelines for the dismissal of civil actions against suppliers, including the submission of appropriate affidavits in support of, or in defense to, a claim. States that a supplier may be considered a manufacturer of an implant, for purposes of such civil actions, only if the supplier has registered with the Secretary of Health and Human Services and included the implant on a list of devices filed pursuant to the Federal Food, Drug, and Cosmetic Act. Requires claimant payment of attorney's fees if the court finds the claim to be without merit and frivolous.
United States · United States Congress · 31 January 1995
Commercial Aviation Fuel Tax Repeal Act of 1995 - Amends the Internal Revenue Code to repeal the increase in tax on fuel used in commercial aviation scheduled to take effect after September 30, 1995.
United States · United States Congress · 30 January 1995
Teamwork for Employees and Managers Act of 1995 - Amends the National Labor Relations Act to allow employers to establish, assist, maintain, or participate in an organization or entity in which employees participate to address matters of mutual interest (including issues of quality, productivity, and efficiency) if such organizations or entities cannot negotiate, enter into, or amend collective bargaining agreements.
United States · United States Congress · 26 January 1995
Bartlett-Chapman-Stockman Assault Weapon Ban Repeal Act - Amends the Federal criminal code and the Violent Crime Control and Law Enforcement Act of 1994 to repeal prohibitions relating to semiautomatic assault weapons and large capacity ammunition feeding devices.
United States · United States Congress · 23 January 1995
Declares that, for the purposes of any constitutional amendment requiring a balanced budget, the appropriate committees of the House and the Senate shall report to their respective Houses implementing legislation to achieve a balanced budget without increasing the receipts or reducing the disbursements of the Federal Old-Age and Survivors Insurance Trust Fund and the Federal Disability Insurance Trust Fund to achieve that goal.
United States · United States Congress · 19 January 1995
Amends title XVIII (Medicare) of the Social Security Act and other Federal law to make any managed health care plan established by the Secretary of Defense in the Military Health Services System eligible for payments by the Secretary of Health and Human Services on behalf of any plan enrollees entitled to Medicare benefits.
United States · United States Congress · 18 January 1995
Walnut Canyon National Monument Boundary Modification Act of 1995 - Modifies the boundaries of the Walnut Canyon National Monument in Arizona. Authorizes the Secretary of the Interior to acquire lands and interests in lands within the Monument. Transfers Federal property: (1) within the boundaries of the Monument (as modified by this Act) to the administrative jurisdiction of the Secretary of the Interior for management as part of the Monument; and (2) excluded from the Monument (pursuant to the boundary modification) to the administrative jurisdiction of the Secretary of Agriculture to be managed as part of the Coconino National Forest. Requires the Secretary of the Interior, acting through the Director of the National Park Service, to manage the Monument as a unit of the National Park Service.
United States · United States Congress · 17 January 1995
Student Loan Evaluation and Stabilization Act of 1995 - Amends the Higher Education Act of 1965 with respect to student loan programs. (Sec. 3) Revises the Federal Direct Student Loan program to limit the proportion of loans made under such program: (1) for academic year 1994-1995, to five percent of the new student loan volume for such year; and (2) for academic year 1995-1996 and any succeeding fiscal year, to loans to students and parents of students attending eligible institutions which have applied and been accepted for institutional participation in such program on or before December 31, 1994. Eliminates provisions for selecting additional institutions to participate in such pilot program. Reduces the maximum amount of funds for administrative expenses of such program allowed for certain periods. Revises the items which such funds must cover, including the costs of annually assessing such program and payment of an administrative cost allowance for the expenses of guaranty agencies in servicing outstanding loans in their portfolios and in guaranteeing new loans. Revises provisions for congressional oversight of program administration, by providing for funding triggers which allow administrative funds to be obligated only in such amounts and according to such schedule as specified in the appropriations Act for the Department of Education after submission by the Department of a detailed proposal for such expenditures. Requires a guaranty agency to: (1) submit a specified application before obtaining an administrative cost allowance from such funds; (2) expend such allowance only for specified purposes; and (3) elect a payment rate on the basis of one of two specified formulas. Provides for ratable reductions of such allowances when total payments exceed a specified level. Directs the Secretary of Education to provide a detailed quarterly report of all such expenditures to specified congressional committee chairs. Requires such report to specifically identify all contracts entered into by the Department for services supporting the Federal Family Education Loan (FFEL) Program and the Federal Perkins Loan Program, as well as the current and projected costs of such contracts. Eliminates the transition to the Federal Direct Loan Program. (Sec. 4) Sets forth conditions under which: (1) Federal Perkins Loan borrowers can obtain FFEL consolidation loans; and (2) FFEL borrowers can obtain Federal direct consolidation loans. (Sec. 5) Revises provisions relating to reserve fund programs. (Sec. 6) Sets institutional default rate limitations on direct lending. (Sec. 7) Provides for applications for FFEL loans using the free Federal application form, which is already in use for other types of student aid. Allows such form to be in an electronic or any other format, subject to certain conditions, in order to facilitate use by borrowers and institutions. Provides for authorized guaranty agencies to receive such form. (Sec. 8) Amends the Congressional Budget Act to prescribe a formula for determining the cost of a direct loan on the basis of the net present value, at the time the direct loan is disbursed, of specified types of cash flows for the estimated life of the loan.
United States · United States Congress · 17 January 1995
Church Retirement Benefits Simplification Act of 1995 - Amends the Internal Revenue Code to recodify and revise qualifications for church retirement and pension plans. Makes employee contributions to such plans nonforfeitable. Requires the plan to meet minimum vesting requirements. Recodifies the authority of a church or a convention or association of churches to be treated as an employer making contributions to retirement income accounts. Subjects church-related hospitals and universities to certain coverage and related rules in the case of a contract purchased by a church. Requires distributions from retirement income accounts provided by churches to be in accordance with distributions under cash or deferred arrangements. Provides for determining the beginning date for such distributions. Allows self-employed ministers and chaplains who work for non-church employers to participate in their church plans. Provides that certain rules aggregating employees do not apply to churches. Restores qualified voluntary employee contributions to church plans. Treats self-employed ministers as employees for purposes of certain welfare benefit plans and retirement income accounts. Allows a deduction for contributions to retirement income accounts by such ministers. Provides that a church plan maintained by more than one employer shall not be treated as a single plan. Provides that accounting methods of deferred compensation plans of State and local governments and tax-exempt organizations do not apply to a church plan. Exempts a church plan from the requirement to maintain separate accounts for medical benefits for key employees. Provides that the special rules for computing employee contributions to pension plans do not apply to certain foreign missionaries. Repeals the elective deferral catch-up limitation for church retirement income accounts. Allows church plans to annuitize benefits and increase benefit payments. Provides that rules for self-insured medical reimbursement plans are not applicable to church plans. Provides that retirement benefits of ministers are not subject to the tax on net earnings from self-employment.
United States · United States Congress · 13 January 1995
Chacoan Outliers Protection Act of 1995 - Designates nine new outlying areas as Chaco Culture Archaeological Protection Sites associated with Chacoan Anasazi Indian culture in the San Juan Basin and surrounding areas of New Mexico and Colorado. Expands the boundaries and removes or reduces the acreage of certain existing Sites. Directs the Secretary of the Interior to use a combination of land acquisition authority and cooperative agreements to accomplish the purposes of archeological resource protection at such sites. Directs the Secretary, acting through the Director of the National Park Service, to assist the Navajo Nation in the: (1) protection and management of such Sites located on lands of the Navajos through a grant, contract, or cooperative agreement entered into pursuant to the Indian Self-Determination and Education Act; and (2) development of a Navajo facility to serve those who seek to appreciate the Chacoan Outlier Sites.
United States · United States Congress · 13 January 1995
Repeals the Davis-Bacon Act (an Act which requires that the locally prevailing wage rate be paid to various classes of laborers and mechanics working under federally-financed or federally-assisted contracts for construction, alteration, and repair of public buildings or public works). Repeals the Copeland Act (an Act which requires the Secretary of Labor to regulate contractors and subcontractors engaged in the construction or repair of public buildings, public works, or federally financed or assisted buildings or works).
United States · United States Congress · 9 January 1995
Regulatory Transition Act of 1995 - Establishes a moratorium on Federal regulatory rulemaking actions from November 9, 1994, through June 30, 1995, with certain emergency exceptions for presidentially designated imminent threats to health or safety, or actions necessary for enforcement of criminal laws. Suspends until July 1, 1995, starting 30 days after enactment of this Act, the effectiveness of any such action taken or made effective after November 9, 1994, but before enactment of this Act. Extends for five months or until July 1, 1995, whichever is later, any statutory, regulatory, or judicial deadline for, relating to, or involving any action dependent upon, any regulatory rulemaking actions authorized or required to be taken before the end of the moratorium period. Requires the President to inventory and publish in the Federal Register a list of all covered regulatory rulemaking actions taken or made effective during the moratorium period but before the date of enactment of this Act. Excludes from the meaning of rule: (1) the approval or prescription, on a case-by-case or consolidated basis, for the future of rates, wages, corporation, or financial structures or reorganizations thereof, prices, facilities, appliances, services or allowances therefor, or of valuations costs, or accounting, or practices bearing on any of the foregoing; and (2) the granting of an application for a license, registration, or similar authority, the granting or recognition of an exception, the granting of a variance or petition for relief from a regulatory requirement, or other action relieving a restriction, or any action necessary to permit new or improved applications of technology. Authorizes civil actions by anyone adversely affected by any conduct of a Federal agency in violation of this Act.
United States · United States Congress · 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 provisions of the Uruguay Round Agreements Act that revise Federal patent law to provide that a patent term shall be the later of 17 years from the date the patent is granted or 20 years from the date the application was filed in the United States. Provides that if the application contains a reference to an earlier application, the term shall be 20 years from the date the earliest application was filed. Removes provisions that provide for extensions of patent terms under certain conditions. Provides for public disclosure and inspection of original and continuing patent applications in cases where a continuing patent application is filed that claims the benefit of the filing date of a prior application that was filed more than 60 months earlier. Requires the term of a patent that is in force or results from an application filed within six months after the Uruguay Round Agreements Act enactment date to be the term provided in this Act.
United States · United States Congress · 4 January 1995
Amends Federal law to prohibit any State from imposing an income tax on the retirement income of any individual who is not a resident or domiciliary of that State.
United States · United States Congress · 4 January 1995
Amends the Clean Air Act to authorize a State in which all or part of a Severe ozone nonattainment area is located to submit a plan revision requiring employers in such area to implement programs to reduce work-related vehicle trips and miles by employees. (Current law requires such States to submit such revision within two years of the enactment of the Clean Air Act Amendments of 1990.) Authorizes such revision to require employers in such areas to increase average passenger occupancy per vehicle in commuting trips between home and workplace during peak travel periods. (Current law requires specified increases in average passenger occupancy.) Authorizes (currently, requires) the revision to require employers subject to a vehicle occupancy requirement to submit a compliance plan.
United States · United States Congress · 4 January 1995
Amends Federal law to prohibit any State from imposing an income tax on the pension income of any individual who is not a resident or domiciliary of that State.
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
Amends Federal law to deny annuity benefits to a Member of Congress convicted of a State or Federal felony. Authorizes the restoration of such annuity: (1) if the individual is pardoned by the Governor in the case of a felony under State law; or (2) in the case of a reversal. Prohibits any U.S. justice or judge who is in regular active service or who has retired and is receiving the salary of the office and who has been convicted of a State or Federal felony from receiving his or her salary beginning on the date of the conviction. Reinstates and provides reimbursement for such salary if the conviction is subsequently overturned or reversed.
United States · United States Congress · 4 January 1995
Language of Government Act of 1995 - Declares English to be the official language of the U.S. Government. States that the Government has an affirmative obligation to preserve and enhance the role of English as the official language. Requires the Government to conduct its official business in English. Prohibits anyone from being denied Government services because he or she communicates in English.
United States · United States Congress · 4 January 1995
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
Provides that the effective date for discontinuance of veterans' disability compensation and veterans' pension paid by the Secretary of Veterans Affairs shall be the date on which the recipient dies (currently the last day of the month preceding death) in the case of a veteran with a surviving spouse. Requires payments of such compensation to be made to the surviving spouse. Provides that the effective date for the award of dependency and indemnity compensation for which application is received within one year from the date of the veteran's death shall be the day following the date of death in the case of a surviving spouse.
United States · United States Congress · 4 January 1995
Gun Ban Repeal Act of 1995 - Amends the Violent Crime Control and Law Enforcement Act of 1994 to repeal the ban on semiautomatic assault weapons and large capacity ammunition feeding devices.
United States · United States Congress · 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
TABLE OF CONTENTS: Title I: Motor Vehicle Inspection and Maintenance Title II: Redesignation of Attainment Areas Title I: Motor Vehicle Inspection and Maintenance - Provides that States shall not be required to implement enhanced vehicle inspection and maintenance programs under provisions of the Clean Air Act pertaining to Serious, Extreme, and Severe ozone nonattainment areas and ozone transport regions before two years after this Act's enactment date. Directs the Administrator of the Environmental Protection Agency to immediately rescind regulations relating to the operation of such programs on a centralized basis and issue new regulations to allow the operation of such programs on a centralized or decentralized basis at the option of each State. Prohibits, until the Administrator carries out such requirements, the imposition of sanctions for failures by States to implement such programs or specified adverse actions against States by the Administrator or the Administrator of the Federal Highway Administration. Requires the Administrator to consider the operation of programs on a decentralized basis as equivalent to operation on a centralized basis if the State demonstrates that such equivalency is reasonable. Title II: Redesignation of Attainment Areas - Amends the Clean Air Act to provide that if a State Governor submits a redesignation of an area from nonattainment to attainment and such designation is based upon attainment of the relevant national ambient air quality standard for three consecutive years, such redesignation shall become effective immediately upon receipt by the Administrator.
United States · United States Congress · 4 January 1995
Privatization of Art Act - Amends the National Foundation on the Arts and the Humanities Act of 1965 to abolish the National Endowment for the Arts (NEA) and the National Council on the Arts (NCA). (Sec. 5) Renames such Act the National Foundation on the Humanities Act of 1965. (Sec. 6) Requires the Director of the Office of Management and Budget to provide for the termination of the affairs of the NEA and the NCA.
United States · United States Congress · 4 January 1995
COLA Equity Act - Amends the Omnibus Budget Reconciliation Act of 1993 to: (1) provide that the initial month for which a cost of living increase in military retired pay that becomes effective on December 1 of 1993, 1994, or 1995 is payable shall be March (currently, September) of the following year for persons who first became a member of a uniformed service before August 1, 1986; and (2) provide that such special rule shall apply only through FY 1996 (currently, FY 1998).
United States · United States Congress · 4 January 1995
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
Freedom from Government Competition Act of 1995 - Requires Federal agencies to obtain all goods and services necessary for or beneficial to the accomplishment of their authorized functions by procurement from private sources, unless: (1) the goods or services are required by law to be produced or performed, respectively, by the agency; or (2) the head of the agency determines and certifies to the Congress that Government production, manufacture, or provision of a good or service is necessary for national defense, that a good or service is so inherently governmental in nature that it is in the public interest to require production or performance by a Government employee, or that there is no private source capable of providing the good or service. Requires the Director of the Office of Management and Budget to study and report to the Congress on: (1) agency activities which are inconsistent with such requirements; and (2) a schedule for transferring such activities to the private sector.
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: Reducing Illegitimacy Title II: Requiring Work Title III: Capping the Aggregate Growth of Welfare Spending Title IV: Restricting Welfare for Aliens Title V: Consolidating Food Assistance Programs Title VI: Expanding Statutory Flexibility of States Title VII: Drug Testing for Welfare Recipients Title VIII: Effective Date Personal Responsibility Act of 1995 - Title I: Reducing Illegitimacy - Expresses the sense of the Congress with regard to the importance of marriage as a social institution and the negative consequences of out-of-wedlock births, declaring that the reduction of such births is an important government interest. (Sec. 101) Amends parts A (Aid to Families with Dependent Children) (AFDC), D (Child Support and Establishment of Paternity), and E (Foster Care and Adoption Assistance) of title IV of the Social Security Act (SSA) to generally deny AFDC to families on whose behalf an AFDC application is made after the effective date of this title for a dependent child whose paternity has not been established, unless the child was conceived through rape or incest, or efforts to establish paternity would result in physical danger to the child or relative claiming such aid. Allows AFDC payments if such relative alleges that any of up to three named individuals may have fathered the child, provides their addresses, and the State has not disproved the allegation. States that denial of AFDC benefits shall have no effect on the family's eligibility for Medicaid and foster care and adoption assistance. (Sec. 102) Requires unwed mothers under age 19 to live at home or in another adult-supervised living arrangement in order to receive AFDC. (Sec. 103) Requires State officers or employees, as soon as they become aware, in the performance of official duties, of a pregnant, unmarried individual, to warn the individual of ineligibility for State aid unless she informs the State of the prospective father's identity and cooperates in establishing the child's paternity. Calls for States to: (1) develop procedures in public hospitals and clinics to facilitate the acknowledgement of paternity; and (2) establish legal procedures that permit the establishment of paternity as quickly and easily as possible. (Sec. 104) Increases the State paternity establishment percentage. (Sec. 105) Denies, generally, AFDC to a child born out-of-wedlock on or after the effective date of this title to an individual under age 18 unless afterwards such individual marries the biological father, or the biological parent with legal custody of the child marries an individual who legally adopts the child. Preserves the family's eligibility for Medicaid and foster care and adoption assistance despite reduction or denial of AFDC. (Sec. 106) Denies AFDC with respect to additional children born on or after the effective date of this title to an AFDC recipient or to an individual who received AFDC at any time during the ten-month period ending with the birth of the child, unless the recipient or individual was pregnant with the child when applying for AFDC. Preserves the family's eligibility for Medicaid and foster care and adoption assistance despite reduction or denial of AFDC. (Sec. 107) Gives States the option of denying AFDC (but without effect on eligibility for Medicaid and foster care and adoption assistance) to individuals aged 18, 19, or 20 who have a child out-of- wedlock after the effective date of this title, as well as to an out- of-wedlock child of such an individual, unless, after the child's birth, such individual marries the biological father, the biological parent with legal custody of the child marries an individual who legally adopts the child, or the individual is the biological and custodial parent of another child not born out-of-wedlock. Allows States the option of denying housing benefits to the same individuals unless the same conditions are met, or Federal housing assistance eligibility is based on any household member's disability or handicap of a household member. (Sec. 108) Adds under SSA title IV a new part C (Grants for Assistance to Children Born Out-of-Wedlock) for giving qualified States the flexibility and resources necessary to provide appropriate non-abortion related services and activities to discourage out-of- wedlock births and to care for children born out-of-wedlock through such initiatives as promoting adoption and establishing and operating group homes and orphanages. Requires the Comptroller General to report to the Congress on whether illegitimacy rates have changed as a result of this Act, and on State efforts under such new grant program. (Sec. 109) Prohibits any agency or entity that receives Federal assistance, and is involved in adoption or foster care placements, from: (1) denying to any person the opportunity to become an adoptive or a foster parent on the basis of the race, color, or national origin of the person, or of the child, involved; and (2) delaying or denying the placement of a child for adoption or into foster care, or otherwise discriminating in making a placement decision on such basis. Title II: Requiring Work - Amends SSA title IV part A to require State AFDC plans to require AFDC recipients to participate for a certain number of hours per week in a work supplementation or community work experience program under SSA title IV part F (Job Opportunities and Basic Skills Training Program), or in any other work program established by the State and, under certain circumstances, in job search activities in order to move adult welfare recipients from welfare dependency to paid employment as quickly as possible. (Sec. 202) Provides for a reduction in AFDC in cases of noncompliance with work requirements, and for eventual termination of AFDC for repeated noncompliance. Terminates AFDC to any adult recipient after five years. Grants States the option of terminating AFDC after two years. Makes various specified changes relating to unemployed parents, with the option to limit the AFDC-UP program extended to all States. Eliminates certain JOBS program rules. Expresses the sense of the Congress that each State that operates an AFDC program is encouraged to assign the highest priority to requiring families that include older preschool or school-age children to participate in a work program. (Sec. 203) Revises work supplementation program provisions, among other changes, giving States the authority to use sums that would otherwise be expended for food stamp benefits to provide subsidized jobs for participants. (Sec. 204) Provides for payments to States for certain individuals receiving State food assistance who perform work on behalf of the State or a political subdivision through a work program. Title III: Capping the Aggregate Growth of Welfare Spending - Limits the total amount of Federal spending for AFDC, supplemental security income (SSI), housing aid, and other specified welfare programs beginning in FY 1996 to the total amount of Federal spending for the preceding fiscal year on those programs, adjusted for inflation and change of the poverty population. (Sec. 301) Requires: (1) the joint explanatory statement accompanying a conference report on a budget resolution to include allocations to each committee based on such spending cap; and (2) reconciliation directives to specify reductions for each committee necessary to comply with such caps. (Sec. 302) Terminates all entitlements of individuals to benefits, and of States to payments, under SSA's AFDC, child support enforcement, and SSI programs effective October 1, 1995. (Sec. 303) Requires all savings from welfare spending limits to be used for deficit reduction. Title IV: Restricting Welfare for Aliens - Makes aliens (with exceptions for refugees, elderly lawful residents, and current eligible residents) ineligible for specified public assistance programs, except for emergency medical services. (Sec. 402) Amends SSA title IV part A to require State AFDC agencies to provide the Immigration and Naturalization Service with information on illegal aliens. Title V: Consolidating Food Assistance Programs - Repeals the Food Stamp Act of 1977, the Child Nutrition Act of 1966, the Emergency Food Assistance Act of 1983, the Hunger Prevention Act of 1988, the National School Lunch Act, the Commodity Distribution Reform Act and WIC Amendments of 1987, and other specified Federal laws and replaces them with a: (1) State food assistance block grant program to provide food assistance to economically disadvantaged individuals and families; and (2) new food coupon program. (Sec. 503) Authorizes the Secretary and the Commodity Credit Corporation to sell surplus commodities and foodstuffs to the States to provide food assistance to eligible populations. Title VI: Expanding Statutory Flexibility of States - Amends SSA title IV part A to grant States the option of: (1) converting their AFDC payments into a fixed annual block grant; (2) treating new residents under the rules of the former State; (3) reducing AFDC payments for parents under age 21 who have not completed high school or earned their high school equivalency; (4) providing for a married couple transition benefit under certain conditions; (5) disregarding income and resources designated for education, training, and employability, or related to self-employment; and (6) requiring attendance at parenting and money management classes, and prior approval of any action that would result in a change of school for a dependent child. Title VII: Drug Testing for Welfare Recipients - Amends SSA title IV part A to require AFDC recipients to undergo necessary substance abuse treatment as a condition of receiving AFDC. Title VIII: Effective Date - Sets forth the effective date of this Act.
United States · United States Congress · 4 January 1995
TABLE OF CONTENTS: Title I: 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 - 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.
![Official portrait of Rep. Hayworth, J. D. [R-AZ-5]](https://www.congress.gov/img/member/h000413_200.jpg)