United States · United States Congress · 31 October 1995
Ratepayer Protection Act - Amends the Public Utility Regulatory Policies Act of 1978 to declare its provisions governing cogeneration and small power production inapplicable to any facility placed in service after enactment of this Act, except with respect to power purchase contracts entered into pursuant to such provisions which were in effect on the repeal date. Declares that after such repeal date no electric utility shall be required to enter into a new contract or obligation to purchase or sell electric energy pursuant to the repealed provisions. Directs the Federal Energy Regulatory Commission to promulgate and enforce regulations to assure that no utility shall be required to absorb the costs associated with purchases from a qualifying facility pursuant to the repealed provisions. Provides that such regulations shall be treated as a rule enforceable under the Federal Power Act.
United States · United States Congress · 31 October 1995
Amends the Federal Election Campaign Act of 1971 to prohibit any person other than an individual or a political committee from making contributions, soliciting or receiving contributions, or making expenditures for the purpose of influencing an election for Representative, Delegate, or Resident Commissioner to Congress (Representative). Deems any political committee established, financed, maintained, or controlled by a candidate or Federal office-holder to be an authorized committee of such individual. Prohibits any political committee that supports or has supported more than one candidate from being designated as an authorized committee, but permits a presidential candidate nominated by a political party to designate the national committee of such party as the candidate's principal campaign committee if that national committee maintains separate books of account with respect to its functions as a principal campaign committee. Sets forth rules applicable when the ban is not in effect. (Sec. 2) Prohibits a candidate for the office of Representative, with respect to a reporting period for an election, from accepting contributions from persons other than local individual residents totaling in excess of the total of contributions accepted from local individual residents. Sets penalties for accepting contributions that exceed such limitations. (Sec. 3) Sets an expenditure limit of $600,000 for each House of Representatives candidate for any general or primary election. (Sec. 5) Prohibits any person from making independent expenditures in House elections. (Sec. 6) Revises provisions regarding the definition of: (1) "contribution" to provide that such term shall exclude only the value of services provided without compensation by an individual who volunteers on behalf of a candidate or political committee; and (2) "expenditure" to repeal listed exclusions from that term. (Sec. 7) Prohibits a Member of or Member-elect to the House from mailing, during any even-numbered calendar year, any mass mailing as franked mail which is postmarked on or before the Tuesday next after the first Monday in November of such year. Revises the definition of "mass mailing" to mean, with respect to a session of the Congress, any mailing with substantially identical content totaling more than 25 pieces in that session, but excluding certain categories of mailings including those in furtherance of the Member's administrative duties.
United States · United States Congress · 30 October 1995
Expresses the sense of the House of Representatives that: (1) in the negotiation of any peace agreement between the parties to the conflict in the Republic of Bosnia and Herzegovina, there should not be a presumption, and it should not be considered to be a prerequisite to the successful conclusion of such a negotiation, that enforcement of such agreement will involve deployment of U.S. armed forces on the ground in the territory of the Republic; and (2) no U.S. armed forces should be deployed on the ground in such territory to enforce a peace agreement until the Congress has approved the deployment.
United States · United States Congress · 12 October 1995
Davis-Bacon Act Reform Amendments of 1995 - Amends the Davis-Bacon Act (DBA) to provide for wage determinations based on the locality where the work is performed. Requires contractors and subcontractors covered by DBA to pay laborers and mechanics: (1) unconditionally; (2) at least weekly; and (3) without subsequent deduction or rebate. Applies DBA requirements to laborers and mechanics employed by the contractor or subcontractor to: (1) work directly upon the site of the work, including work at fabrication plants, batch plants, tool yards, or similar facilities not on the project site but dedicated exclusively, or nearly so, to project construction (except previously established facilities whose location and continuance in operation are determined wholly without regard to the contract work); or (2) transport materials, supplies, and equipment to or from the worksite. Increases the minimum threshold (currently $2,000) for DBA coverage of contracts for public buildings and works to: (1) $100,000 for new construction, complete rehabilitation, or reconstruction; and (2) $25,000 for repairs or alterations. Sets conditions for coverage of leased property. Provides for periodic adjustments of such thresholds. Prohibits splitting contracts. Sets forth wage requirements in cases of contract option provisions. Sets preemption conditions. Sets forth provisions relating to apprentices, trainees, and helpers. Sets forth requirements relating to wages. Revises DBA enforcement provisions, including: (1) administrative procedures, including the Secretary of Labor's authority with respect to payment of workers, debarment of contractors, and coordination of enforcement; (2) review procedures, including court review of coverage determinations; and (3) creation of an administrative petition procedure for workers for wages, benefits, and damages. (Sec. 3) Amends the Copeland Act to: (1) eliminate weekly payroll data submission for contracts of $100,000 or less; and (2) change such weekly requirement to a monthly one for contracts of more than $100,000, with provisions for waivers for contractors or subcontractors who have demonstrated compliance with DBA and other labor standards. Revises enforcement provisions to: (1) require contractors and subcontractors to maintain payroll and related records for three years after completion of contract work and make them available upon request of the contracting officer or the Secretary; (2) grant the Secretary subpoena and debarment authority with respect to records; and (3) establish penalties for false records. Amends the Contract Work Hours and Safety Standards Act to provide that: (1) the Secretary, rather than the Comptroller General, shall initiate debarment action for violations; and (2) the General Services Administration (GSA) shall include the names of those debarred on a government-wide list.
United States · United States Congress · 11 October 1995
Iran Foreign Oil Sanctions Act of 1995 - Directs the President to impose certain twelve-month economic sanctions against foreign persons who, with requisite knowledge, export goods or technology that would contribute to Iran's ability to extract, refine, produce, store, or transport petroleum or natural gas products. Waives the requirements of this Act if the President certifies to the appropriate congressional committees that Iran has: (1) substantially improved its adherence to internationally recognized standards of human rights; (2) ceased its efforts to develop or acquire a nuclear explosive device, chemical or biological weapons, or missiles or related delivery systems; and (3) ceased support for acts of international terrorism. Sets forth additional criteria for such a waiver. Directs the President to establish a List of Petroleum and Natural Gas-Related Goods and Technology which shall be subject to the export control restrictions of this Act. Requires the President to report periodically to the appropriate congressional committees on Iran's: (1) nuclear and other military capabilities; and (2) support, if any, for acts of international terrorism.
United States · United States Congress · 11 October 1995
Unemployment Tax Repeal Act of 1995 - Amends the Internal Revenue Code to repeal the requirement to include unemployment compensation in gross income and the provision concerning the voluntary withholding on unemployment benefits.
United States · United States Congress · 29 September 1995
Amends the Solid Waste Disposal Act to authorize States, if requested by an affected local government, to prohibit the disposal of out-of-State municipal solid waste (OSW) in landfills or incinerators subject to their jurisdiction. Permits States to limit the quantity of OSW received at landfills and incinerators excepted from such prohibition to an annual amount equal to or greater than the quantity received during 1993. Authorizes States that imported more than 750,000 tons of OSW in 1993 to limit the amount of such waste received for disposal at landfills and incinerators that are not covered by host community agreements in the importing State as follows: (1) in 1997, 95 percent of the amount exported to the State in 1993; (2) in 1998 through 2003, 95 percent of the amount exported to the State in the previous year; and (3) in 2004 and each succeeding year, 65 percent of the amount exported in 1993. Establishes limitations on waste exports to landfills or incinerators not covered by host community agreements or permits authorizing receipt of OSW. Prohibits States from exercising authorities under this Act: (1) if such action would result in the violation of a host community agreement or a permit issued from the State to receive OSW; or (2) except as otherwise provided, in a manner that would require landfills or incinerators covered by the exception to reduce the amount of OSW received from any State to an annual quantity less than that received during 1993. Makes the authority to prohibit the disposal of OSW inapplicable to landfills and incinerators that: (1) received documented shipments of such waste during 1993; (2) in the case of landfills, are in compliance with all applicable Federal and State laws and regulations relating to operation, design and location, leachate collection, groundwater monitoring, and financial assurance for closure and corrective action; or (3) in the case of incinerators, are in compliance with applicable requirements of the Clean Air Act and State laws and regulations relating to facility design and operations. Permits disposal of such waste at facilities that are not in compliance with applicable Federal and State laws and regulations unless disposal of waste that is generated within the State is also prohibited. Lists conditions under which host community agreements are prohibited.
United States · United States Congress · 29 September 1995
Farms for the Future Act Amendments of 1995 - Amends the Farms for the Future Act of 1990 to authorize the Secretary of Agriculture to provide States with matching grants for farmland protection easements to retain qualifying farmland in agricultural use. Authorizes appropriations.
United States · United States Congress · 14 September 1995
Distilled Spirits Tax Payment Simplification Act of 1995 - Amends the Internal Revenue Code to modify or impose requirements regarding: (1) the transfer of distilled spirits between bonded premises and between importation and bonded premises; (2) operations as a bonded dealer conducted on the bonded premises of a distilled spirits plant; (3) establishment and operation of such a plant by a bonded dealer; (4) election to be treated as a bonded dealer; (5) the time at which the tax on distilled spirits is determined; (6) distilled spirits lost or destroyed in bond or returned to bonded premises; (7) the time for tax payment and payment by electronic transfer; and (8) application to a plant used by a bonded dealer of provisions relating to sales by proprietors of controlled premises.
United States · United States Congress · 13 September 1995
TABLE OF CONTENTS: Title I: General Provisions Title II: Department of Trade Subtitle A: Establishment Subtitle B: Transfers to the Department Subtitle C: Administrative Provisions Subtitle D: Related Agencies Subtitle E: Conforming Provisions Title III: Transitional, Savings, and Conforming Provisions Title IV: Miscellaneous Department of Trade Establishment Act- Title I: General Provisions - Sets forth definitions. Title II: Department of Trade - Subtitle A: Establishment - Establishes the Department of Trade (Department), to be administered by a Secretary of Trade (Secretary) appointed by the President, by and with the advice and consent of the Senate. (Sec. 202) Directs the Secretary, among other things, to: (1) exercise primary responsibility for developing international trade policy, including the initiation of international trade negotiations; (2) establish a national export strategy; (3) enhance the ability of U.S. industry and services to compete in international markets; and (4) identify unfair foreign trade practices that are either inconsistent with any trade agreement with the United States or have an adverse impact on U.S. commerce. (Sec. 203) Establishes: (1) the Bureau of Export Promotion; (2) the Bureau of Trade Policy; and (3) the Bureau of Trade Administration. (Sec. 206) Establishes within the Department: (1) a Deputy Secretary of Trade; (2) three Under Secretaries of Trade; (3) six Assistant Secretaries of Trade; (4) a General Counsel; and (5) an Inspector General. Subtitle B: Transfers to the Department - Transfers to the Secretary functions of the : (1) Secretary of Commerce; (2) Department of Commerce, including functions performed by certain of its officers and employees; (3) the United States Trade Representative (USTR); and (4) Director of the Trade and Development Agency. (Sec. 222) Amends the Export-Import Bank Act of 1945 to revise the membership of the Board of Directors of the Export-Import Bank of the United States. Amends the Omnibus Trade and Competitiveness Act of 1988 to require the Commercial Service to provide certain assistance with respect to the Bank's lending, loan guarantee, and insurance activities. (Sec. 223) Amends the Foreign Assistance Act of 1961 to revise the congressional purpose of the Overseas Private Investment Corporation (OPIC) to include to increase exports to less developed countries and countries in transition from nonmarket to market economies. Revises the membership of the Board of Directors of the OPIC. (Sec. 225) Directs the President to transmit to the Congress a comprehensive plan to consolidate Federal nonagricultural export promotion activities and transfer them to the Department. Subtitle C: Administrative Provisions - Sets forth certain administrative provisions, including the establishment of a working capital fund. Subtitle D: Related Agencies - Amends the Trade Expansion Act of 1962 and the National Security Act of 1947 to revise the composition of the Interagency Trade Organization and the National Security Council to include the Secretary. (Sec. 253) Amends the Bretton Woods Agreement Act to require the U.S. executive director of the International Monetary Fund to consult with the Secretary with respect to matters under consideration by the Fund which relate to trade. Subtitle E: Conforming Provisions - Amends specified Federal laws to set forth conforming provisions. Title III: Transitional, Savings, and Conforming Provisions - Sets forth transitional, savings, and conforming provisions. Title IV: Miscellaneous - Sets forth effective dates. (Sec. 404) Authorizes appropriations. (Sec. 405) Limits annual expenditures for any function not terminated by this Act to 75 percent of FY 1995 expenditures for the performance of such function.
United States · United States Congress · 13 September 1995
Amends titles II (Old Age, Survivors and Disability Insurance) and XVI (Supplemental Security Income) (SSI) of the Social Security Act to provide for payments to State and local prisons for monthly reports on the identities of inmates ineligible for benefits, especially those erroneously paid such a benefit. Denies SSI benefits for ten years to a person found to have fraudulently obtained such benefits while in prison.
United States · United States Congress · 12 September 1995
Exempt Organization Reform Act of 1995 - Amends the Internal Revenue Code to impose an excess benefit transactions excise tax on a disqualified person and on an organization manager. Defines excess benefit transaction as any transaction in which an economic benefit is provided by a tax-exempt organization to or for the use of a disqualified person, if the value of the benefit exceeds the value of the consideration. Defines disqualified person and organization manager. Requires 501(c)(3) and 501(c)(4) organizations to report certain excise taxes paid. Revises requirements concerning the public inspection of the returns of exempt organizations. Requires certain organizations to disclose, in a conspicuous and easily recognizable format, in an advertisement or solicitation the nonexempt status of such organization. Provides for a penalty, not to exceed $10,000, of $1,000 for each day on which a failure occurred to disclose such nonexempt status with respect to any advertisement or solicitation. Provides for an increase in penalties on exempt organizations for failure to file complete and timely annual returns. Provides for a larger penalty for exempt organizations having gross receipts exceeding $1,000,000 for any year.
United States · United States Congress · 4 August 1995
Rail Infrastructure Preservation Act of 1995 - Amends Federal transportation law to authorize appropriations for local rail freight assistance. Authorizes the Secretary of Transportation to declare that a disaster has occurred and that Federal funding is necessary to repair and rebuild rail lines damaged by it. Prohibits such assistance unless emergency disaster relief funds are appropriated for such purpose. Amends the Railroad Revitalization and Regulatory Reform Act of 1976 to declare that it is the purpose of the Congress to promote the revitalization of the railway system through, among other things, preservation of light density lines. Revises interest rate, repayment, and prepayment penalty requirements with respect to guaranteed railroad improvement loans.
United States · United States Congress · 3 August 1995
Family Business Protection Act of 1995 - Amends the Internal Revenue Code to exclude from the gross estate, for estate tax purposes, specified portions of the adjusted value of the qualified family-owned business interests of the decedent.
United States · United States Congress · 28 July 1995
Commercial Revitalization Tax Act of 1995 - Amends the Internal Revenue Code to allow an investment tax credit equal to a percentage of expenditures for depreciable property in connection with the rehabilitation or reconstruction of a nonresidential building located in: (1) an empowerment zone or enterprise community; (2) an area established pursuant to a consolidated planning process for the use of Federal housing and community development funds; or (3) a low-income commercial revitalization district specially designated by a State or local government which is not primarily a nonresidential central business district. Requires, for qualification of such expenditures, that they exceed 25 percent of the fair market value of the building before rehabilitation. Imposes a State ceiling on the availability of the credit.
United States · United States Congress · 20 July 1995
Amends the Internal Revenue Code to specify the rate of tax on draft cider containing certain percentages of alcohol. Excludes the tax from the credit for small domestic producers.
United States · United States Congress · 13 July 1995
George Washington Commemorative Coin Act of 1995 - Requires the Secretary of Treasury to mint and issue five-dollar gold coins emblematic of George Washington. Mandates that the design for the coins be: (1) selected by the Secretary after consultation with the Mount Vernon Ladies' Association and the Commission of Fine Arts; and (2) reviewed by the Citizens Commemorative Coin Advisory Committee. Provides for the distribution of coin sale surcharges to the Mount Vernon Ladies' Association.
United States · United States Congress · 13 July 1995
TABLE OF CONTENTS: Title I: Eligible Shareholders of S Corporation Subtitle A: Number of Shareholders Subtitle B: Persons Allowed as Shareholders Subtitle C: Other Provisions Title II: Qualification and Eligibility Requirements for S Corporations Subtitle A: One Class of Stock Subtitle B: Elections and Terminations Subtitle C: Other Provisions Title III: Taxation of S Corporation Shareholders Title IV: Effective Date S Corporation Reform Act of 1995 - Title I: Eligible Shareholders of S Corporation - Subtitle A: Number of Shareholders - Amends the Internal Revenue Code to increase from 35 to 75 the maximum number of shareholders of an S corporation (electing small business corporation). Allows members of a family to be treated as one shareholder. Subtitle B: Persons Allowed as Shareholders - Allows the following entities to be shareholders of S corporations: (1) certain tax-exempt organizations; (2) financial institutions that do not use the reserve method of accounting for bad debts; (3) nonresident aliens; and (4) certain small business trusts. Subtitle C: Other Provisions - Extends the post-death qualification for certain trusts to be permitted as shareholders from 60 days to two years. Title II: Qualification and Eligibility Requirements for S Corporations - Subtitle A: One Class of Stock - Prohibits, for provisions relating to S corporations, treating: (1) qualified preferred stock as a second class of stock; and (2) a person as a shareholder of the corporation because they are a holder of qualified preferred stock. Permits financial institutions to hold safe harbor debt. Subtitle B: Elections and Terminations - Revises the rules on inadvertent terminations by certain trusts of the election to be an S corporation. Authorizes the Secretary of the Treasury to treat certain late elections as timely and to provide an automatic waiver procedure for certain inadvertent terminations. Expands the post-termination transition period until 120 days after a determination is made that the election had terminated in a prior year. Repeals the characterization of excessive passive investment income as a termination event. Increases the tax imposed on such excessive income. Subtitle C: Other Provisions - Permits an S corporation to wholly own the stock of a subsidiary. Provides for the treatment of distributions during loss years. Provides a consent dividend for S corporation elections to by-pass amounts in the accumulated adjustments account when making distributions. Eliminates the rule treating an S corporation as an individual in its capacity as shareholder of another corporation for purposes of subchapter C. Eliminates the pre-1983 earnings and profits accumulated by a corporation that was an S corporation for any taxable year beginning before January 1, 1983, and is so characterized for its first taxable year after December 31, 1995. Allows S corporations to make charitable contributions of inventory and scientific property. Repeals the requirement that partnership rules apply for fringe benefit purposes (making C corporation rules applicable). Provides for the application to two-percent shareholders of S corporations of the rules regarding deduction of health insurance costs of self-employed individuals. Title III: Taxation of S Corporation Shareholders - Applies the exemption from the excise tax on pension plan prohibited transactions to plans providing benefits for S corporation shareholder-employees (as defined before the effective date of the Subchapter S Revision Act of 1982). Treats losses on liquidations of S corporations as ordinary to the extent the loss created by ordinary income pass-through triggered the liquidation. Title IV: Effective Date - Makes this Act effective, subject to exception, for taxable years beginning after December 31, 1995.
United States · United States Congress · 30 June 1995
Prohibits funds appropriated or otherwise made available for foreign currencies under the Mutual Security Act of 1954 from being available for travel to North Korea unless the President submits to the Congress a certification that North Korea does not have a policy of discriminating, on the basis of national origin or political philosophy, against Members and employees of the Congress in permitting such travel.
United States · United States Congress · 29 June 1995
Coastal Zone Management Reauthorization Act of 1995 - Amends the Coastal Zone Management Act of 1972 to authorize annual grants to States to develop coastal zone management programs. Limits each State to four (currently, two) grants. Authorizes grants to States to implement program changes. Allows financial assistance under existing provisions for research and monitoring in a national estuarine reserve to be used for research outside such a reserve if the activities support research inside the reserve. Authorizes appropriations for: (1) such development grants; (2) administering State management programs; (3) resource management improvement grants; (4) coastal zone enhancement grants; (5) grants under the National Estuarine Research Reserve System; (6) technical assistance; and (7) expenses incidental to the administration of the Act.
United States · United States Congress · 29 June 1995
Securitization Enhancement Act of 1995 - Amends the Internal Revenue Code to exempt from taxation Financial Asset Securitization Investment Trusts (FASIT) and prohibit the treatment of FASITs as trusts, partnerships, corporations, or taxable mortgage pools. Directs the holder of an ownership interest in a FASIT to take into account the holder's daily portion of the taxable income or net loss of such FASIT for each day during the taxable year on which such holder held such interest. Provides that gains and losses shall not be recognized to the transferor or the FASIT in a qualified exchange. Disregards for all Federal tax purposes the transfer or issuance of an ownership interest or a permitted debt instrument to a disqualified holder.
United States · United States Congress · 28 June 1995
Amends the Internal Revenue Code to provide that for purposes of determining estate tax the value of the taxable estate shall be determined by deducting from the value of the gross estate an amount equal to the value of any qualified historic property. Defines qualified historic property as any certified historic structure and any other real property necessary for public view and visitation that is held by a qualified charitable or governmental organization and is covered by an agreement which, among other things, provides that the historic property will be open to the public for a period of at least 20 years and has a reasonable admission fee.
United States · United States Congress · 20 June 1995
Amends the Internal Revenue Code with respect to deferred compensation plans to treat length of service award plans for bona fide volunteers as not providing for the deferral of compensation. Specifies such volunteers as those providing fire fighting and prevention services, emergency medical services, and ambulance services. Exempts such deferred amounts from social security taxes.
United States · United States Congress · 13 June 1995
Family Medical Savings and Investment Act of 1995 - Amends the Internal Revenue Code to allow an individual covered under a catastrophic coverage health plan a tax deduction for contributions to a medical savings account. Defines an eligible individual as one who is covered under a catastrophic health plan at any time during such month and is not covered by any other health plan.
United States · United States Congress · 8 June 1995
Amends the North American Free Trade Agreement Implementation Act to repeal provisions which terminate certain authority for self-employment assistance programs after a specified period (thus making such authority permanent). Amends the Internal Revenue Code to allow States to use unemployment insurance funds for short-term compensation programs under certain conditions.
United States · United States Congress · 7 June 1995
Black Revolutionary War Patriots Commemorative Coin Act - Directs the Secretary of the Treasury to mint and issue one-dollar silver coins emblematic of the Black Revolutionary War Patriots Memorial in Washington, D.C. Directs that coin sale surcharges be paid to the Black Revolutionary War Patriots Foundation for raising an endowment to support construction of the Memorial.
United States · United States Congress · 7 June 1995
Community Ambulance Support Act of 1995 - Amends title XVIII (Medicare) of the Social Security Act to provide for coverage of paramedic intercept services under Medicare part B (Supplementary Medical Insurance).
United States · United States Congress · 25 May 1995
Patent Application Publication Act of 1995 - Requires each patent application, except applications for design patents and provisional applications, to be published as soon as possible after 18 months from the earliest filing date for which a benefit is sought, except for an application that is no longer pending or one subject to a secrecy order. Permits earlier publication at the applicant's request. Prohibits disclosure of information concerning published applications except as determined by the Commissioner of Patents. Prohibits, upon request by certain independent inventors, the publication of rejected applications, with specified exceptions, until three months after the Commissioner notifies the applicant. Requires the applicant to certify that no application was or will be filed for the invention in a foreign country. Entitles a patent application to claim the benefit of an earlier filing date in a foreign country if a claim therefor and a certified copy of the original foreign application, specification, and drawings upon which it is based are filed in the Patent and Trademark Office (PTO) at any such time during the pendency of the application as is required by the Commissioner. Allows the Commissioner to consider the failure of the applicant to file a timely claim for priority as a waiver of any such claim. Authorizes the Commissioner to determine the time period within which an amendment containing the specific reference to an earlier filed application shall be submitted. Specifies that a patent shall include the right to obtain a reasonable royalty from any person who, during the period from publication of the application until issue of the patent: (1) makes, uses, or sells in the United States the invention as claimed in the published application or imports such an invention into the United States, or if the invention as claimed in the published application is a process, uses or sells in or imports into the United States products made by that process as claimed in such application; and (2) had actual notice or knowledge of the published patent application. Makes the right to obtain a reasonable royalty unavailable unless the invention claimed in the patent is identical to that claimed in the published application. Specifies the commencement date of the period for obtaining a royalty based upon the international publication of an international application designating the United States. Revises Federal patent law to provide that a person shall not be entitled to a patent if the invention was described in a published patent application by another filed in the United States, or in a published international application, before the invention thereof by the applicant. Directs the Commissioner to recover the cost of early publication by adjusting the filing, issue, and maintenance fees by charging a separate publication fee, or by any combination of such fees. Provides for the extension of the term of a patent the issue which is delayed due to an unusual administrative delay by the PTO. Limits the total duration of all extensions to ten years. Reduces the extension period equal to the time during the processing or examination of the application leading to the patent in which the applicant failed to engage in reasonable efforts (current law provides a reduction for lack of due diligence) to conclude processing or examination of the application. Prohibits the extension of a patent the term of which has been disclaimed beyond the expiration date of the disclaimer.
United States · United States Congress · 24 May 1995
International Tax Simplification and Reform Act of 1995 - Amends the Internal Revenue Code to redefine the degree and nature of the direct and indirect investment (share holding) of a domestic corporation in one or more foreign corporations that is required for both the domestic and the foreign corporations to receive a foreign tax credit for indirectly paying another corporation's foreign income taxes. (Sec. 3) Requires that, with specified exceptions, accrued translated foreign taxes are to be adjusted according to an average exchange rate for the period during which foreign taxes were paid. Makes a special rule for taxes not paid within two years. (Sec. 5) Defines "foreign personal holding company income" as excluding any income when: (1) it derives from sources within the country where the controlled corporation was formed; and (2) the corporation's predominate activity is banking, financing, or similar business, or the income was made on the sale or exchange of specified stock or securities derived from investments by a qualifying insurance company. Declares that the investment income of a person related to a corporation shall be subject to the "look-thru" treatment. Limits "foreign based company services income" by excluding income from services directly related to the conduct of a banking, financing, or similar business if: (1) that business is the corporation's predominate activity; and (2) the corporation's income is derived from sources within the country where the corporation was formed. (Sec. 6) Extends the number of periods to which excess foreign taxes for a given year may be carried. (Sec. 7) Declares that under certain specified circumstances: (1) a portion of dividends earned by a taxpaying corporation on investments in noncontrolled foreign 902 corporations shall be treated as income in a separate category; and (2) generally such dividends shall not be treated as are other dividends. (Sec. 8) Declares that, for the taxation of foreign based company income, the countries in the European Union are treated as one. (Sec. 9) Declares that certain specified statutes do not apply to a taxpayer who is a United States shareholder with respect to a foreign controlled corporation. (Sec. 10) Permits a taxpayer calculating a deductible expense on the basis of assets to use the adjusted bases of assets. (Sec. 11) Permits a taxpayer who sustains an overall domestic loss to recharacterize a specified portion of taxable income in succeeding taxable years as income from outside the United States. Defines (1) "domestic loss" as the amount deductions exceed gross income from in the United States, and (2) "overall domestic loss" as any domestic loss that offsets taxable income from outside the United States not including any loss for a year in which the taxpayer does not choose to recharacterize his income. (Sec. 12) Raises the sum of foreign base company income plus gross insurance income required (de minimis rule) for a taxpayer to treat any portion of gross income as foreign base income or gross insurance income. (Sec. 13) Increases the deduction allowed for specified research and experimental expenditures. (Sec. 14) Requires the filing of a tax return by a U.S. person who: (1) owns ten percent of a foreign corporation's stock (up from five percent); or (2) is an officer or director of a foreign corporation the stock of which is at least ten percent owned by a U.S. person (up from five percent). (Sec. 15) Requires that earnings and profits of any foreign corporation be determined according to the United States' generally accepted accounting principles.
United States · United States Congress · 23 May 1995
James Madison Commemorative Coin Act - Directs the Secretary of the Treasury to issue commemorative one-dollar silver coins emblematic of the 250th anniversary of the birth of James Madison and the life and achievements of the fourth President of the United States. Requires the Secretary to turn over proceeds from surcharges to the National Trust for Historic Preservation to be used to: (1) establish an endowment as a permanent source for Montpelier (home of James Madison and a museum); and (2) fund capital restoration projects at Montpelier.
United States · United States Congress · 23 May 1995
Amends the Revenue Act of 1987 to repeal the termination date of a specified transition rule and permanently exempt from taxation as corporations certain publicly traded partnerships (master limited partnerships).
United States · United States Congress · 23 May 1995
Amends the Internal Revenue Code to exclude any employer-provided housing from the gross income of employees of academic health centers. Defines an "academic health center" as an organization which: (1) is a tax-exempt charitable organization providing medical care, hospital care, medical education, or medical research; (2) receives payments under the Social Security Act for either direct or indirect costs of graduate medical education; and (3) has as one of its principal functions the providing and teaching of basic and clinical medical science and research with the organization's own faculty.
United States · United States Congress · 18 May 1995
Waives certain time limitations with respect to the posthumous award of the Congressional Medal of Honor to Doris Miller for acts of heroism while serving in the Navy during World War II.
United States · United States Congress · 17 May 1995
Small Business Tax Flexibility Act of 1995 - Amends the Internal Revenue Code to allow partnerships or S corporations (electing small business corporations) to elect to have a taxable year other than the required taxable year, in which case the entity shall pay estimated tax in quarterly installments (determined under one of three methods) at the applicable rate on behalf of the owners (partners or shareholders). Exempts entities with an aggregate liability of less than $5,000 from such estimated payment requirements. Imposes a penalty for underpayment of any required quarterly installment. Allows a tax credit for an owner's allocable share of estimated tax payments made by an entity. Prohibits elections of a different taxable year under existing provisions by entities whose first taxable year under such election would begin after enactment of this Act.
United States · United States Congress · 17 May 1995
Historic Homeownership Assistance Act - Amends the Internal Revenue Code to allow a tax credit for 20 percent of the qualified rehabilitation expenditures made by a taxpayer with respect to a certified historic structure which has been substantially rehabilitated and which is owned by the taxpayer and used as his or her principal residence. Allows the credit for such expenditures to be taken by a purchaser of the rehabilitated home. Permits, in lieu of the credit, a historic rehabilitation mortgage credit certificate, which shall be transferred to a lender in exchange for a reduction in the rate of interest on the loan secured by the building.
United States · United States Congress · 16 May 1995
Medicare Dependent Hospital Relief Act of 1995 - Directs the Prospective Payment Assessment Commission to: (1) develop separate applicable percentage increases for Medicare dependent and certain non-Medicare dependent hospitals to ensure that the average annual Medicare margins of the two hospitals are equalized while ensuring budget neutrality; and (2) include in each of its March reports to the Congress the percentage increases for the upcoming fiscal year, as well as recommendations on methods for ensuring that Medicare beneficiaries who receive Medicare dependent hospital services have the same access and quality of care as those beneficiaries furnished with certain non-Medicare dependent hospital services.
United States · United States Congress · 15 May 1995
Nuclear Decommissioning Costs Simplification Act of 1995 - Amends the Internal Revenue Code, with respect to the deduction for payments made to a Nuclear Decommissioning Reserve Fund, to: (1) eliminate the requirement that the Secretary of the Treasury determine certain amounts necessary to fund the taxpayer's portion of nuclear power plant decommissioning costs; and (2) provide rules for the treatment of amounts either deducted in excess of the allowable amount for the taxable year or that reflect a contribution shortfall.
United States · United States Congress · 12 May 1995
TABLE OF CONTENTS: Title I: Cancellation and Suspension Title II: Minor Use Crop Protection Act of 1995 Title III: Data Collection Activities to Assure the Health of Infants and Children and Other Measures Title IV: Amendments to the Federal Food, Drug, and Cosmetic Act Food Quality Protection Act of 1995 - Title I: Cancellation and Suspension - Amends provisions of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) relating to cancellations, changes in classifications, or other terms of registration with respect to the authority of the Administrator of the Environmental Protection Agency. Requires that a rulemaking under such provisions be based on a validated test or other significant evidence raising prudent concerns of unreasonable adverse effects to man or to the environment. Denies registration applications that are not in compliance with this Act. Title II: Minor Use Crop Protection Act of 1995 - Minor Use Crop Protection Act of 1995 - Amends FIFRA to define "minor use" as the use of a pesticide on an animal or commercial agricultural crop or site or for public health protection where: (1) the total U.S. acreage for the crop is less than 300,000 acres; or (2) the Administrator determines that the use does not provide sufficient economic incentive to support the initial or continuing registration of a pesticide for such use and there are insufficient alternatives available for the use, the alternatives pose greater environmental or health risks, or the pesticide plays or will play a significant part in managing pest resistance or in an integrated pest management program. Extends the period of exclusive data use for data submitted to support original registration applications for pesticides for an additional year for each three minor uses registered after this Act's enactment and before the expiration of the period of exclusive use, up to a total of three additional years for all minor uses registered by the Administrator if the Administrator determines that: (1) there are insufficient alternatives available for the use or the alternatives pose greater environmental or health risks; or (2) the pesticide plays or will play a significant part in managing pest resistance or in an integrated pest management program. Requires the Administrator, upon the request of a registrant, to extend the deadline for the production of residue chemistry data required solely to support a minor use subject to specified conditions. Applies the same extension conditions to data for reregistrations. Authorizes the Administrator to modify or revoke such extensions if the use may cause unreasonable adverse environmental effects. Permits the Administrator, in handling the registration of a pesticide for a minor use, to waive applicable data requirements if the absence of data will not prevent the Administrator from determining the risk presented by the pesticide and that the risk would not have an adverse environmental effect. Provides for expedited review (within one year of submission) of applications to support minor use pesticide registrations. Sets forth conditions for extensions of registrations for unsupported minor uses. Provides a procedure for meeting data requirements where a registrant has voluntarily cancelled a registration and another application is pending for registration of a pesticide that is for a minor use and is identical or substantially similar to, or for an identical or substantially similar use as, the cancelled pesticide. Directs the Administrator to establish a minor use program. Directs the Secretary of Agriculture to establish a Department of Agriculture minor use program and a separate matching fund program. Requires the matching fund program to be utilized to ensure the continued availability of minor use crop protection chemicals. Authorizes appropriations. Title III: Data Collection Activities to Assure the Health of Infants and Children and Other Measures - Directs the Secretary of Agriculture, in consultation with the Administrator and the Secretary of Health and Human Services, to coordinate the development and implementation of survey procedures to ensure collection of adequate data on food consumption patterns of infants and children. Requires residue surveillance activities of the Department of Agriculture to provide for the improved surveillance of pesticide residues, including increased sampling of foods most likely consumed by infants and children. Directs the Secretary of Agriculture to: (1) collect pesticide use data of statewide or regional significance for all the major crops and crops of dietary significance; and (2) in cooperation with the Administrator, implement research, demonstration, and education programs to support adoption of integrated pest management. Requires Federal agencies to use and promote integrated pest management techniques. Title IV: Amendments to the Federal Food, Drug, and Cosmetic Act - Amends the Federal Food, Drug, and Cosmetic Act (FDCA) to redefine "pesticide chemical," subject to exception, as any substance that is a pesticide, or any active ingredient thereof, within the meaning of FIFRA. Defines "pesticide chemical residue," subject to exception, as a residue in or on a raw agricultural commodity or processed food of a pesticide chemical or any other added substance present as a result of a pesticide chemical's metabolism or other degradation. Deems a processed food not to be adulterated, within the meaning of FDCA, if there are present pesticide chemical residues at tolerance levels not considered unsafe. (Current law treats only raw agricultural commodities in this manner.) Sets forth requirements relating to tolerances and exemptions from tolerances for pesticide chemical residues in food, including residues of degradation products, which allow the presence in processed food at the tolerance applicable to the raw agricultural commodity from which the processed food is made. Prohibits establishment of a tolerance that is more stringent than a level the Administrator determines is adequate to protect the public health (i.e., if the dietary risk posed by such level of residues is negligible). Allows a greater than negligible dietary risk if: (1) use protects from greater adverse health effects to humans or the environment; (2) use avoids greater risks from another pesticide; or (3) the unavailability of the pesticide would reduce the availability of an adequate, wholesome, and economical domestic supply of the food. Prohibits issuance of a final rule that revokes, modifies, or suspends a tolerance or exemption until the Administrator has taken any necessary action under FIFRA with respect to the registration of the pesticide involved. Requires the Administrator, where a pesticide is labeled for use on a particular food, to: (1) revoke any tolerance or exemption that allows the presence of a particular chemical or its residue in or on such food if the Administrator cancels the registration of each pesticide that contains the chemical or modifies it to prohibit the pesticide's use in connection with such food; and (2) suspend any such tolerance or exemption upon the suspension of the use of each pesticide that contains the chemical. Provides for: (1) tolerances for unavoidable residues in the case of a residue of a canceled or suspended pesticide chemical that will unavoidably persist in the environment and be present in or on a food; and (2) residues resulting from an application which was lawful at the time of application but with respect to which the tolerance or exemption has since been revoked, suspended, or modified. Prohibits, subject to exception, a State from enforcing any limit on a qualifying pesticide chemical residue (as defined in this Act) in or on any food which is not identical to Federal requirements. Prohibits a State, absent an unreasonable dietary risk, from enforcing a limit on the level of residues in any food if the sale of such food containing such residue level was lawful at the time of application of the pesticide. Authorizes appropriations for increased monitoring of pesticide residues in imported and domestic food.
United States · United States Congress · 11 May 1995
Amends the Internal Revenue Code, with respect to imposition of the excise tax for failure of group health plans to meet certain requirements, to require any preexisting condition limitation period with respect to an individual who commences coverage after December 31, 1995, to be reduced by the aggregate of the individual's prior periods of coverage under a plan. Treats a period as zero if a break in coverage of greater than 60 days has occurred between the most recent qualified coverage and commencement of the current coverage. Prohibits, with respect to an individual whose periods of previous coverage are greater than zero, the establishment by a plan of eligibility, continuation, enrollment, or contribution requirements based on factors directly related to health status, medical condition, claims experience, receipt of health care, medical history, disability, or evidence of insurability.
United States · United States Congress · 6 April 1995
WTO Dispute Settlement Review Commission Act - Establishes the WTO Dispute Settlement Review Commission to review reports of dispute settlement panels or the Appellate Body of the World Trade Organization (WTO) in proceedings initiated by other WTO parties which are adverse to the United States and which are adopted by the Dispute Settlement Body. Requires the Commission to determine whether the panel or the Appellate Body: (1) exceeded its authority; (2) added to the obligations of or diminished the rights of the United States; (3) acted arbitrarily or capriciously, engaged in misconduct, or demonstrably departed from proper procedures; and (4) deviated, in its report, from the applicable standard of review. Requires the Commission, upon an affirmative determination on one or more of these questions, to further determine whether the action of the panel or the Appellate Body materially affected the outcome of its report. Requires the United States Trade Representative, upon enactment of a joint resolution directing such action, to negotiate to amend or modify the rules and procedures of the Understanding on Rules and Procedures Governing the Settlement of Disputes with respect to any affirmative determinations submitted to the Congress concerning the action of a panel or the Appellate Body. Provides for a joint resolution withdrawing congressional approval of the WTO agreement, ending U.S. participation in the WTO, if such negotiations do not result in a satisfactory solution. Sets forth provisions governing the participation in WTO panel proceedings of private U.S. persons supportive of the U.S. Government position at issue.
United States · United States Congress · 5 April 1995
Amends the Internal Revenue Code to apply, with limitations, an estate tax credit equivalent to the limited marital deduction to a decedent in a case in which, as of the date of the decedent's death: (1) both the decedent and the surviving spouse were noncitizens of, and not lawful permanent residents of, the United States; and (2) either the decedent or his or her surviving spouse was a qualified international organization employee. Defines a qualified international organization employee as a full-time employee of an international organization whose principal place of employment with such organization is in the United States.
United States · United States Congress · 30 March 1995
Amends the Internal Revenue Code, with respect to the United Mine Workers of America Combined Benefit Fund, to provide: (1) a means for transferring surpluses between the Fund's accounts to reduce shortfalls in the entire Fund; and (2) a formula to reduce or increase operators' premiums according to the Fund's aggregated surplus or shortfall, respectively. Sets the amount of the per beneficiary health benefit premium. Directs the Trustees of the Combined Fund to disclose to contributors, upon written request, all documents showing its financial and operational status and all documents prepared at trustee or staff request that form the basis for the Fund's actions or reports.
United States · United States Congress · 22 March 1995
Newborn Infant HIV Notification Act - Requires a State, if it requires that the results of the human immunodeficiency virus (HIV) testing of an infant be reported to it (or if the State conducts an HIV test of the infant), to disclose such results to: (1) the biological mother of the infant if the mother is the legal guardian; or (2) specified State agencies if the State is the legal guardian of the infant. Directs the State, in disclosing such results (other than to State agencies), to ensure that appropriate counseling on HIV is provided to the individual.
United States · United States Congress · 15 March 1995
Supports the Nigerian people in their commitment to unity and democracy and in their insistence on the return to full civilian and democratic rule. Endorses the steps taken by President Clinton to demonstrate U.S. opposition to the annulment of the June 1993 election and encourages additional measures to encourage the restoration of democratic and civilian rule in Nigeria. Condemns the arrests by the Nigerian military of political leaders and democracy advocates and restrictions on freedom of expression. Urges General Abacha and the provisional ruling council in Nigeria to: (1) restore freedom of the press, respect human rights, and restore the independence and authority of the judiciary; (2) release political leaders and human rights activists who have been arrested or detained; (3) set up a rapid timetable for the restoration of civilian and democratic rule; and (4) positively respond to U.S. and international efforts to encourage the restoration of democracy.
United States · United States Congress · 14 March 1995
TABLE OF CONTENTS: Title I: Assuring Availability and Continuity of Health Coverage Subtitle A: Insurance Reform Subtitle B: Facilitating Establishment of Health Plan Choice Organization (HPCOs) Subtitle C: Preemption of State Benefit Mandates and Anti-Managed Care Laws Subtitle D: Definitions; General Provisions Title II: Administrative Simplification Subtitle A: Standards for Data Elements and Transactions Subtitle B: Requirements With Respect to Certain Transactions and Information Subtitle C: Miscellaneous Provisions Title III: Fraud and Abuse Reform: Advisory Opinions Title IV: Malpractice Reform and Antitrust Subtitle A: Malpractice Reform Subtitle B: Antitrust Basic Health Care Reform Act of 1995 - Title I: Assuring Availability and Continuity of Health Coverage - Subtitle A: Insurance Reform - Requires carriers that offer health insurance coverage in the individual-small group market in a fair rating area to make available qualified standard coverage and high-deductible coverage to small employers. Exempts federally qualified health maintenance organizations (HMOs) and HMOs or managed care organizations recognized by State laws from the requirement to provide high-deductible coverage. Prohibits the offer of high-deductible coverage unless the carrier also makes standard coverage available with identical benefits and the employee demonstrates that they have available assets equal to at least the deductible amount under the high-deductible coverage. Requires carriers to provide for coverage of benefits for items and services furnished throughout the fair rating area. Prohibits carriers from limiting coverage to portions of interstate metropolitan statistical areas (MSAs), requiring them to provide coverage throughout the entire MSA. Requires coverage offers to include a family coverage option. Prohibits carriers from requiring employers under group health plans to impose waiting periods for health coverage or require conditions on health coverage based on an individual's: (1) health status; (2) claims experience; (3) receipt of health care; (4) medical history; or (5) receipt of public subsidies. (Sec. 1002) Requires carriers to accept every small employer and qualifying individual that applies for enrollment during the required enrollment period. Provides that in the case of coverage offered by carriers or under group health plans that provide benefits through a managed care arrangement, the carriers or plans: (1) need not establish health care facilities throughout the fair rating area if the facilities are located in a manner that does not discriminate on the basis of health status of individuals residing in proximity to such facilities; and (2) may deny coverage under certain conditions. Permits carriers to deny coverage if they do not have the necessary financial reserves. (Sec. 1003) Prohibits carriers from denying, cancelling, or refusing to renew health coverage except on the basis of nonpayment of premiums or fraud or because they are not providing a particular coverage option in the market. Sets limitations on market exit and re-entry by carriers. Establishes similar conditions for cancellation or denial by multiemployer plans. (Sec. 1004) Prohibits carriers or group health plans from excluding coverage with respect to services provided for preexisting conditions, except as provided by this Act. Provides for exclusion periods of up to 12 months subject to certain conditions. Makes exclusions inapplicable to pregnancy, newborns, adopted children, and certain individuals enrolled or enrolling during an open enrollment period. (Sec. 1005) Sets forth provisions regarding enrollment periods. (Sec. 1011) Establishes standards for general coverage requirements, managed care arrangements and requirements, and utilization review programs. (Sec. 1014) Amends the Internal Revenue Code to provide for the establishment of medical savings accounts. Makes the account beneficiary the owner of the account and includes distributions not used for qualified medical expenses in the beneficiary's gross income. Sets forth uses and limitations for such accounts. Excludes: (1) employer contributions to any medical savings account of an eligible employee from gross income (to the extent such contributions do not exceed the excess of premiums for standard coverage over the premiums for high-deductible coverage); and (2) health benefit payments made by employers from employment taxes. (Sec. 1021) Provides that the premium rate established by carriers for health insurance coverage in the small group market may not vary except by the following: (1) age; (2) geographic area; (3) family class; (4) benefit design of coverage and by type of coverage option; and (5) permitted expense category. (Sec. 1022) Requires the Secretary of Health and Human Services to request the National Association of Insurance Commissioners (NAIC) to develop a model risk adjustment system under which premiums applicable to coverage in the small group market would be adjusted to take into account factors to predict the future need and efficient use of services by covered individuals in the market. Incorporates such model into a rule that specifies risk adjustment mechanisms. Requires each State to develop systems that conform with the Federal model. (Sec. 1031) Requires carriers and group health plans to provide information relating to their performance in providing coverage to specified individuals, including prospective enrollees. (Sec. 1032) Prohibits carriers from varying the commission or other remuneration to a person based on the claims experience or health status of individuals enrolled by or through such person. (Sec. 1041) Directs the Secretary to request the NAIC to develop model regulations that specify standards with respect to this subtitle for carriers and health insurance coverage. (Sec. 1044) Imposes a tax on carriers or group health plans that fail to comply with provisions of this subtitle through Sec. 1033 unless a State has in effect a regulatory mechanism that provides sanctions. (Sec. 1045) Prohibits a plan from offering health coverage other than through a carrier unless the plan has at least 50 eligible employees, except where the plan is a multiple employer welfare arrangement which covers at least 1,000 qualifying employees and meets State established solvency standards. (Sec. 1051) Applies the provisions of this subtitle to carriers offering health insurance coverage to qualifying individuals in the individual market in the same manner as such provisions apply to carriers offering health insurance coverage to employers. Provides for an exception relating to risk adjustment systems. Subtitle B: Facilitating Establishment of Health Plan Choice Organization (HPCOs) - Authorizes the establishment of health plan choice organizations (HPCOs). (Sec. 1102) Requires HPCOs to enter into agreements with carriers that desire to make health coverage available in the small group market through HPCOs. (Sec. 1104) Requires HPCOs to offer enrollment for coverage, on behalf of carriers, to individuals in the market through which the organization offers coverage in the area served by the choice organization. Authorizes HPCOs to impose administrative fees for enrollment. Subtitle C: Preemption of State Benefit Mandates and Anti-Managed Care Laws - Preempts State laws that: (1) mandate health insurance benefits; (2) restrict managed care arrangements and utilization review programs; and (3) establish standards for health insurance coverage that differ from those established under this title. Subtitle D: Definitions; General Provisions - Sets forth definitions and effective date provisions. Title II: Administrative Simplification - Subtitle A: Standards for Data Elements and Transactions - Directs the Secretary to adopt standards for: (1) the electronic transmission of health information data; (2) information transactions; and (3) health information network privacy standards. Subtitle B: Requirements with Respect to Certain Transactions and Information - Lists transactions to be considered as standard transactions with respect to plan sponsors and HPCOs. (Sec. 2202) Requires certified health information security organizations to make available to Federal or State agencies, pursuant to a cost-type contract, any non-identifiable health information that is held by the service, consists of data elements that are subject to a standard under Subtitle A, and is requested by such an agency to fulfill a requirement under this Act. (Sec. 2203) Directs the Secretary to establish a procedure under which a plan sponsor or health provider that does not have the ability to transmit standard data elements and does not have access to a certified health information network may comply with this part. Subtitle C: Miscellaneous Provisions - Requires the Secretary to establish standards and a certification procedure for health information network services. (Sec. 2303) Provides that this subtitle supersedes State law. Prohibits the enforcement of any State law that requires medical or health plan records to be maintained or transmitted in written rather than electronic form, except as provided by the Secretary. Title III: Fraud and Abuse Reform: Advisory Opinions - Amends Social Security Act titles XI and XVIII to mandate the issuance of advisory opinions by the Secretary according to specified guidelines. Title IV: Malpractice Reform and Antitrust - Subtitle A: Malpractice Reform - Makes provisions of this subtitle through Sec. 4010 applicable to any medical malpractice liability action brought in a Federal or State court and to any medical malpractice claim subject to an alternative dispute resolution (ADR) system that is initiated on or after January 1, 1996. (Sec. 4002) Prohibits a medical malpractice liability action from being brought in any State court during a calendar year unless the relevant claim has been initially resolved (i.e., a decision has been reached on whether the defendant is liable to the plaintiff for damages and on the amount of damages) under a certified ADR system or an alternative Federal system. Prohibits a medical malpractice liability action from being brought in Federal court based on diversity of citizenship during a calendar year unless the relevant claim has been initially resolved under such a system in the State whose law applies. Directs the Attorney General to establish an ADR process for tort claims consisting of medical malpractice liability claims brought against the United States. Prohibits a medical malpractice liability action based on such a claim from being brought in any Federal court unless the claim has been initially resolved under such process. Sets forth procedures for filing actions. (Sec. 4003) Authorizes States to develop specialty clinical practice guidelines to be certified by the Secretary. (Sec. 4004) Limits to $250,000 the amount of noneconomic damages that may be awarded to a claimant and family members in a medical malpractice liability action. (Sec. 4006) Sets forth provisions regarding: (1) limits on attorney's fees and other costs; and (2) statutes of limitations. (Sec. 4008) Specifies that in the case of a medical malpractice claim relating to services provided during labor or the delivery of a baby, if the health care professional or provider did not previously treat the claimant for the pregnancy, the trier of fact may not find that the defendant committed malpractice nor assess damages unless the malpractice is proven by clear and convincing evidence. (Sec. 4010) Provides that this part preempts State law, except for State law that imposes greater restrictions than those provided in this part. (Sec. 4021) Lists requirements for State ADR systems, including that such a system: (1) applies to all medical malpractice liability claims under the jurisdiction of the courts of that State; (2) requires that a written opinion resolving the dispute be issued within six months after each party against whom the claim is filed has received notice of the claim; (3) is approved by the State or local governments; (4) provides for the transmittal to the State agency responsible for monitoring or disciplining health care professionals and providers of any findings of malpractice; and (5) provides for the regular transmittal of information on disputes resolved under the system to the Administrator for Health Care Policy and Research in a manner that protects the identity of the parties involved. (Sec. 4022) Directs the Secretary to certify State ADR systems that meet such requirements on an annual basis. Requires the Secretary to establish an alternative Federal ADR system for the resolution of medical malpractice liability claims in States that do not have in effect a certified ADR system. (Sec. 4023) Directs the Secretary to submit to the Congress a report describing and evaluating State ADR systems and the alternative Federal system. (Sec. 4031) Sets forth definitions for this subtitle. Subtitle B: Antitrust - Directs the Attorney General to: (1) provide for the development of guidelines on the application of antitrust laws to the activities of health plans; and (2) establish a review process under which a health plan may request the Department of Justice's opinion on the plan's conformity with the Federal antitrust laws. (Sec. 4102) Requires the Attorney General to issue a certificate of public advantage to each eligible health care collaborative activity that complies with this section's requirements. Provides that such activity shall not be liable under the antitrust laws for conduct described in the certificate if such conduct occurs while the certificate is in effect. Directs the Attorney General to issue such a certificate if: (1) the benefits that are likely to result from the activity outweigh the reduction in competition that is likely to result; and (2) such reduction is necessary to obtain such benefits. Sets forth activity eligibility requirements.
United States · United States Congress · 8 March 1995
Amends the Internal Revenue Code to declare that unrelated trade or business does not include the activity of soliciting and receiving qualified sponsorship payments for purposes of the tax on unrelated business income of charitable and other tax-exempt organizations.
United States · United States Congress · 3 March 1995
Medical Procedures Innovation and Affordability Act - Prohibits the issuance of a patent for any invention or discovery of a technique, method, or process for performing a surgical or medical procedure, administering a surgical or medical therapy, or making a medical diagnosis. Provides that if a technique, method, or process is performed by or as a necessary component of a machine, manufacture, or composition of matter or improvement which is itself patentable subject matter, the patent on such machine, manufacture, or composition may claim the technique, method, or process.
United States · United States Congress · 1 March 1995
Amends the Internal Revenue Code to provide a special rule for persons with a deceased parent for purposes of the generation-skipping transfer tax. Makes such rule inapplicable to an individual who is not a lineal descendant if there is a living lineal descendant.
United States · United States Congress · 27 February 1995
Semiconductor Investment Act of 1995 - Amends the Internal Revenue Code to make the depreciable life of semiconductor manufacturing equipment three years for purposes of application of the accelerated cost recovery system.
![Official portrait of Rep. Houghton, Amo [R-NY-31]](https://www.congress.gov/img/member/cd375c1d1b0b554995c377c2856cb497_200.jpg)