United States · United States Congress · 30 October 1995
Amends rule LI of the Rules of the House of Representatives to replace provisions governing employment practices with provisions that prohibit a House Member, officer, or employee from knowingly accepting a gift except as provided in this Act. Allows such individual to accept a gift (other than cash or cash equivalent) which he or she reasonably and in good faith believes to have a value of less than $50 and a cumulative value from one source during a calendar year of less than $100. Provides that no gift with a value below ten dollars shall count towards the $100 annual limit. Considers a gift to a family member to be a gift to such Member, officer, or employee if given with his or her knowledge and acquiescence and if he or she has reason to believe that the gift was given because of his or her official position. Treats only the food and refreshment provided to such Member, officer, or employee as a gift if food and refreshment are also provided at the same time and place to such individual's spouse or dependent. Includes among exempted items: (1) contributions lawfully made under the Federal Election Campaign Act, a limited contribution for election to a State or local government office under such Act, or attendance at a fund raising event sponsored by a political organization; (2) anything provided on the basis of a personal friendship unless such Member, officer, or employee has reason to believe that the gift was provided because of his or her official position; (3) otherwise lawful contributions to such individual's legal expense fund; (4) food, refreshments, lodging, and other benefits which result from the outside business or employment activities of such Member, officer, or employee or spouse if such benefits have not been offered or enhanced because of such individual's official position, which are customarily provided by a prospective employer in connection with bona fide employment discussions, or which are provided by a political organization in connection with a fund raising or campaign event; (5) training that is the House's interest; (6) a gift of personal hospitality of an individual other than a registered lobbyist or agent of a foreign principal; and (7) certain other opportunities and benefits provided to the public or to Government employees generally. Establishes conditions under which such Member, officer, or employee may accept an offer of free attendance at a convention, dinner, or similar event. Prohibits the acceptance of a gift exceeding $250 on the basis of the personal friendship exception unless the Committee on Standards of Official Conduct issues a written determination that such exception applies. Provides that certain reimbursements to such Member, officer, or employee for travel expenses to an event in connection with official duties shall not be considered to be gifts if advance authorization is received and the reimbursements and authorization are disclosed within a specified time period. Declares that activities that are substantially recreational in nature shall not be considered to be in connection with official duties. Includes as prohibited gifts to such Member, officer, or employee from a registered lobbyist or an agent of a foreign principal: (1) anything provided to an entity that is maintained or controlled by such Member, officer, or employee; (2) a charitable contribution made on the basis of such Member's, officer's, or employee's specification, with the exception of a mass mailing or other solicitation directed to a broad category of persons or entities; (3) a contribution or other payment to such Member's, officer's, or employee's legal expense fund; and (4) a financial contribution or expenditure made relating to a conference or similar event sponsored by, or affiliated with, an official congressional organization for, or on behalf of, such Members, officers, or employees. Provides that a charitable contribution made by a registered lobbyist or agent in lieu of an honorarium to such Member, officer, or employee shall not be considered a gift under this Act if such Member, officer, or employee reports to the Clerk of the House the name and address of the registered lobbyist, the date and amount of the contribution, and the name and address of the designated or recommended charitable organization. Declares that such rules shall be interpreted and enforced solely by the Committee on Standards of Official Conduct. Amends rule X to revise the functions of the Committee on House Oversight to include accepting a gift for the House if such gift does not involve any duty, burden, or condition or is not made dependent upon some future performance by the House.
United States · United States Congress · 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 · 25 October 1995
Former Speakers Privilege Reform Act of 1995 - Repeals provisions of H. Res. 1238, 91st Congress, thus terminating certain entitlements of former Speakers of the House of Representatives, such as: (1) retention of a Federal office (furnished and maintained by the Government) in the Member's congressional district after his or her expired term in office; (2) an allowance for payment of office and other expenses or administration of matters pertaining to incumbency in office as Representative and Speaker; (3) franked mail and printing privileges; and (4) staff assistance in connection with the administration, settlement, and conclusion of matters pertaining to, or arising out of, his or her incumbency in such office.
United States · United States Congress · 19 October 1995
Animal Drug Availability Act of 1995 - Amends Federal Food, Drug, and Cosmetic Act provisions relating to new animal drugs to redefine "substantial evidence" to mean evidence from one or more scientifically sound studies including, as appropriate, in vitro studies, studies in laboratory animals, bioequivalence studies, and any studies voluntarily undertaken by or for the applicant that provide some assurance that the drug will have the intended effect. Excludes a claim for the use of a drug in a minor species or a minor use of a drug from disapproval, if there is an application filed for the drug which is approved prior to the submission of the claim. Allows consideration, when a new animal drug contains more than one active ingredient or its labeling suggests use of the drug in combination with another animal drug, only of whether any of the active ingredients or any of the drugs in the combination, at the longest withdrawal time of any of the active ingredients or drugs in the combination, exceeds its established tolerance or interferes with the methods of analysis for another of the active ingredients or drugs in the combination. Requires the Secretary to issue proposed regulations implementing the provisions of this section which: (1) further define "substantial evidence;" (2) take into account the proposals contained in the citizen petition submitted by the American Veterinary Association and the Animal Health Institute; and (3) provide for the opportunity for a conference to make a decision establishing a submission or an investigational requirement. (Sec. 4) Requires the Secretary to approve or disapprove the application within 90 (currently 180) days of receipt of the application. (Sec. 5) Requires: (1) the Secretary to refer disputed issues received in writing from an applicant to an advisory committee or to a special Government employee; and (2) the committee or employee to submit a report containing recommendations regarding the matter. (Sec. 6) Requires the Secretary to refuse approval of an application if information submitted with respect to the drug indicates that any use suggested in labeling proposed for that drug will result in a unsafe amount of residue. (Sec. 7) Permits the export of an unsafe (as defined in the Act) new animal drug, if it is not in conflict with the laws of the country to which it is exported. (Currently, such export is prohibited.)
United States · United States Congress · 13 October 1995
Inspector General for Medicare and Medicaid Act of 1995 - Establishes an independent executive branch Office of the Inspector General for the Medicare and Medicaid Programs to supervise, oversee, and audit the Medicare and Medicaid programs under titles XVIII and XIX, respectively, of the Social Security Act. Amends the Inspector General Act of 1978 with regard to such office, among other things extending its duties to the prevention and detection of waste, fraud, and abuse under such programs. Authorizes appropriations.
United States · United States Congress · 11 October 1995
Prisoner Lawsuit Efficiency Act of 1995 - Amends the Federal criminal code to prohibit any action from being brought by a prisoner in the custody of the Federal Bureau of Prisons concerning any aspect of such prisoner's incarceration until any administrative remedy procedures available are exhausted, regardless of the nominal party defendant. Specifies that the fact that the administrative remedies do not include all the possible procedures and forms of recovery that are available in the civil action does not render such remedies inadequate or excuse the failure to exhaust them.
United States · United States Congress · 28 September 1995
Open Campus Police Logs Act of 1995 - Amends the Higher Education Act of 1965 (HEA) to require any higher education institution which participates in any student aid program under HEA title IV, and which maintains a police or security department, to keep a daily log of specified information about crimes which is open to public inspection.
United States · United States Congress · 28 September 1995
Prohibits any funds available to the Department of Defense from being obligated or expended for the deployment or participation of U.S. armed forces in any peacekeeping operation in Bosnia-Herzegovina that is not specifically authorized by a law enacted after enactment of this Act. Specifies that this Act shall not apply t: (1) operations of the nature and extent conducted by U.S. armed forces in Bosnia-Herzegovina during FY 1995; (2) emergency air rescue operations; (3) the airborne delivery of humanitarian supplies; or (4) the planning and execution of OPLAN 40104 or a similar operation to extract UNPROFOR personnel.
United States · United States Congress · 20 September 1995
Urges the Government of Iran to extend to the Baha'i community the rights guaranteed by the Universal Declaration of Human Rights and the international covenants on human rights. Calls upon the President to continue to: (1) assert the U.S. Government's concern regarding Iran's violations of the rights of its citizens, including members of the Baha'i community, along with expressions of concern regarding the Iranian Government's support for international terrorism and its efforts to acquire weapons of mass destruction; (2) emphasize that the United States regards the human rights practices of the Iranian Government, particularly its treatment of the Baha'i community and other religious minorities, as a significant factor in the development of U.S.-Iranian relations; (3) urge the Iranian Government to emancipate the Baha'i community by granting those rights guaranteed by the Universal Declaration of Human Rights and the international covenants on human rights; and (4) encourage other governments to continue to appeal to the Government of Iran, and to cooperate with other governments and international organizations, in efforts to protect the religious rights of the Baha'is and other minorities in Iran.
United States · United States Congress · 13 September 1995
TABLE OF CONTENTS: Title I: Coordination of Federal Enforcement Title II: Revisions to Criminal Law Title III: Anti-Fraud Initiatives Under Medicare and Medicaid Health Care Fraud and Abuse Prevention Act of 1995 - Title I: Coordination of Federal Enforcement - Requires the Inspectors General of specified Federal agencies to conduct audits, investigations, inspections, and evaluations regarding the prevention, detection, and control of health care fraud and abuse. Requires the Inspector General and the Attorney General to establish a health care fraud and abuse program that takes into account the activities of Federal, State, and local law enforcement agencies, Federal and State health care provider licensing and certification agencies, and certain State agencies. (Sec. 102) Mandates State designation of State agencies that conduct, supervise, and coordinate such audits, investigations, inspections, and evaluations. Allows State designation of a State agency to act as a Health Care Fraud and Abuse Control Unit for purposes of this title. Sets forth Unit requirements. Requires annual payments to States. (Sec. 104) Establishes in the Treasury the Health Care Fraud and Abuse Control Account containing: (1) fines, penalties, damages, and the proceeds of seizures and forfeitures relating to the provision of health care items and services; and (2) gifts, bequests, and devises. Makes amounts available to the Inspector General and the Attorney General for expenses under specified provisions of this Act and reimbursements to other Inspectors General and Federal, State, and local agencies. (Sec. 105) Authorizes the acceptance, use, and disposal of gifts, bequests, or devises. (Sec. 106) Requires reimbursement: (1) to Federal agencies for the expenses of carrying out provisions of this title; and (2) subject to availability of funds, to State or local law enforcement agencies that participated directly in any activity that led to Account deposits. (Sec. 107) Establishes the Account Payments Advisory Board to make recommendations regarding the equitable allocation of amounts from the Account. (Sec. 108) Mandates establishment of a data base for the reporting of final adverse actions taken by a Government agency against health care providers, suppliers, practitioners, or benefit programs. Requires each Government agency to report such actions. Makes the information in the data base available to the public, Federal and State agencies, and benefit programs. Allows disclosure fees. Title II: Revisions to Criminal Law - Amends the Federal criminal code to define "Federal health care offense" to include violation of, or conspiracy or attempt to violate, specified provisions of: (1) that code; (2) the Social Security Act; (3) the Employee Retirement Income Security Act of 1974 (ERISA); (4) the Federal Food, Drug, and Cosmetic Act (FDCA); or (5) the Anti-Kickback Act of 1986. (Sec. 202) Mandates fines or imprisonment for (in connection with a health care benefit program) defrauding or attempting to defraud, theft or embezzlement, knowing and willful false statements, bribery, certain remunerations (including kickbacks and rebates), and obstruction of a criminal investigation of a health care offense. Authorizes civil actions, civil penalties, and injunctive relief for health care offenses. (Sec. 210) Authorizes the Attorney General and the Director of the Federal Bureau of Investigation to issue summonses. (Sec. 211) Authorizes disclosure of grand jury information for use in a civil investigation or proceeding related to a health care offense. (Sec. 212) Includes Federal health care offenses in: (1) the definition of "specified unlawful activity" for provisions relating to money laundering; and (2) provisions allowing additional penalties for telemarketing that victimizes or targets persons over the age of 55. Authorizes the interception of wire or oral communications in cases where the interception may provide evidence of health care bribery, illegal remunerations, or fraud. Adds references to health care bribery, theft, embezzlement, and fraud to the definition of "racketeering activity" for provisions relating to racketeer influenced and corrupt organizations (RICO). Mandates forfeiture of any property constituting or derived from a Federal health care offense. Allows a reward for information on a Federal health care offense. Title III: Anti-Fraud Initiatives Under Medicare and Medicaid - Amends the Social Security Act (SSA) to allow exclusion from participation in the Medicare and Medicaid programs (titles XVIII and XIX of the SSA) of an individual who has an ownership or control interest in, or who is an officer, director, agent, or managing employee of, an entity: (1) convicted of any offense under specified SSA mandatory or permissive exclusion provisions; (2) against which a civil penalty has been assessed under specified SSA provisions; or (3) that has been excluded from Medicare or Medicaid. Imposes civil fines on a person for presenting a claim for an item or service provided by the person's excluded employee or agent. Requires funds received as civil fines and assessments under certain SSA provisions and remaining after other dispositions (required by current law) to be deposited in the Health Care Fraud and Abuse Control Account established under this Act (currently, to be deposited as miscellaneous receipts in the Treasury). (Sec. 302) Provides for the modification of existing and the establishment of new safe harbors. (Sec. 303) Requires implementation of an initiative of December 1994 to expedite Medicare payment inherent reasonableness adjustments. (Sec. 304) Requires inclusion of information on waste, fraud, and abuse in Medicare information distributed under specified provisions. (Sec. 305) Mandates a system providing for a unique identifier for each individual or entity (currently, for each physician) who furnishes items or services for which Medicare payment may be made. (Sec. 306) Requires reimbursement from agencies or organizations that facilitate payment to Medicare providers, and from carriers used for the administration of Medicare benefits, for any amounts paid for a service while the provider is excluded from Medicare participation. Replaces provisions allowing payment to individuals eligible for benefits for services provided by excluded individuals or entities in certain circumstances with provisions prohibiting providers from billing or collecting for items or services provided while the provider is excluded. Makes the recipient not liable for payment of any bill submitted in violation and allows certain sanctions.
United States · United States Congress · 13 September 1995
Amends the Clean Air Act to direct the Administrator of the Environmental Protection Agency, upon request of a Governor, to waive prohibitions on the sale of conventional gasoline and corresponding requirements for the purchase of reformulated gasoline during the non-ozone season for any area designated as an ozone nonattainment area if the Administrator determines that the waiver would not prevent or interfere with attainment of a primary national ambient air quality standard in such area.
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 · 6 September 1995
Lobbying Disclosure Act of 1995 - Requires registration with the Secretary of the Senate and the Clerk of the House of Representatives (appropriate congressional officials) by any individual lobbyist (or the individual's employer if it employs one or more lobbyists) within 45 days after the individual first makes, or is employed or retained to make, a lobbying contact with either the President, the Vice President, a Member of Congress, or any other specified Federal officer or employee, including certain high-ranking members of the uniformed services. Defines a lobbyist as any individual employed or retained by a client for financial or other compensation for services that include more than one lobbying contact (but not an individual whose lobbying activities constitute less than 20 percent of the time engaged in the services provided to that client over a six-month period). (Sec. 4) Provides for: (1) special registration filing rules in cases involving multiple clients and contacts; and (2) registration termination in cases where a registrant is no longer employed or retained by a client to conduct lobbying activities and does not anticipate any additional lobbying activities for such client. Specifies the contents of such registration. Provides for exemptions from registration requirements above in cases involving lobbying income of $5,000 or less (for a particular client) or total expenses of $20,000 or less (in the case of an organization whose employees engage in lobbying activities on the organization's behalf) (adjusted periodically for inflation) for the semiannual period. (Sec. 5) Requires registrants to file semiannual lobbying activity reports with the appropriate congressional officials. Specifies the contents of such reports. (Sec. 6) Specifies various duties of the appropriate congressional officials for carrying out this Act, including reviewing registrations and reports filed under it, and making copies of them available to the public. (Sec. 7) Sets forth penalties for violations involving the requirements of this Act. (Sec. 9) Amends the Foreign Agents Registration Act of 1938 to: (1) replace references to political propaganda with references to informational materials; and (2) add to the exemption from registration requirements under such Act for certain lawyers providing legal representation to disclosed foreign principals to apply it to such representative actions as judicial proceedings and criminal or civil law enforcement inquiries, investigations, or proceedings. Exempts from the requirements of the Foreign Agents Registration Act of 1938 any agent of a foreign government, foreign political party, or other foreign entity not organized for business that registers under this Act. (Sec. 10) Revises (Byrd Amendment) limitations on use of appropriated funds to influence certain Federal contracting and financial transactions, removing obsolete reporting requirements, among other changes. (Sec. 11) Repeals the Federal Regulation of Lobbying Act. Repeals provisions of the Department of Housing and Urban Development Act and the Housing Act of 1949 relating to lobbyist activities. (Sec. 14) Sets forth special rules for the identification of: (1) foreign and other clients on whose behalf lobbying contacts are made with a covered legislative or executive branch official; and (2) such covered officials. (Sec. 15) Permits tax-exempt charitable organizations required to report lobbying expenses by the Internal Revenue Code to report, under this Act, only good faith estimates of such expenses in order to meet specified reporting (including exemption from such reporting) requirements of this Act. (Sec. 16) Amends provisions of Federal law known as the Ramspeck Act to repeal authority extending competitive status to certain legislative and judicial branch employees involuntarily separated without prejudice from their respective branch, entitling them to transfer to the competitive service in the executive branch. (Sec. 17) Requires the Office of Personnel Management (OPM) to promulgate regulations on the manner and extent that experience in a position other than a competitive one may be considered in making appointments to a competitive position. Prohibits the grant, in such regulations, of any preference based on the fact of service in the legislative or judicial branch. Directs OPM to study excepted service considerations for competitive service appointments relating to this Act. (Sec. 18) Makes certain civic leagues or organizations not organized for profit but operated exclusively for the promotion of social welfare, and certain local associations of employees whose net earnings are devoted exclusively to charitable, educational, or recreational purposes, ineligible for Federal funds in any form if they engage in lobbying activities. (Sec. 19) Amends the Foreign Agents Registration Act of 1938 to require the Attorney General to report to Congress semiannually on administrative matters (currently "from time to time") including registration filings. (Sec. 20) Amends the Ethics in Government Act of 1978 to: (1) augment the dollar value categories for required disclosure of income, assets, and liabilities of subject individuals, but limiting disclosure requirements for their spouses and dependent children to income, assets, and liabilities held jointly with the subject individual, and leaving unspecified any such amounts or values exceeding $1 million; and (2) require the financial disclosure reports of subject individuals to include the category of the total cash value of any interest of the reporting individual in a qualified blind trust, except under certain circumstances. (Sec. 21) Amends the Federal criminal code to apply to the Deputy United States Trade Representative (Deputy USTR) the same three-year prohibition against representing, aiding, or advising a foreign entity after leaving Government service as applies to the United States Trade Representative (USTR). Amends the Trade Act of 1974 to prohibit any person who has directly represented, aided, or advised a foreign entity in any trade negotiation, or trade dispute, with the United States from being appointed as USTR or Deputy USTR. (Sec. 23) Expresses the sense of the Senate that lobbying expenses should not be tax deductible.
United States · United States Congress · 6 September 1995
Amends rule XLIII of the Rules of the House of Representatives to prohibit a House Member, officer, or employee from knowingly accepting a gift except as provided in this Act. Allows such individual to accept a gift (other than cash or cash equivalent) which he or she reasonably and in good faith believes to have a value of less than $50 and a cumulative value from one source during a calendar year of less than $100. Provides that no gift with a value below ten dollars shall count towards the $100 annual limit. Considers a gift to a family member to be a gift to such individual if given with his or her knowledge and acquiescence and if there is reason to believe that the gift was given because of such individual's official position. Treats only the food and refreshment that are provided to such individual as a gift if they are also provided at the same time and place to such individual's spouse or dependent. Includes among exempted items: (1) contributions lawfully made under the Federal Election Campaign Act or attendance at a fund raising event sponsored by a political organization; (2) anything provided on the basis of a personal friendship unless such individual has reason to believe that the gift was provided because of his or her official position; (3) otherwise lawful contributions to such individual's legal expense fund; (4) food, refreshments, lodging, and other benefits which result from the outside business or employment activities of such individual or spouse if such benefits have not been offered or enhanced because of such individual's official position, which are customarily provided by a prospective employer in connection with bona fide employment discussions, or which are provided by a political organization in connection with a fund raising or campaign event; (5) training that is the House's interest; (6) a gift of personal hospitality of an individual other than a registered lobbyist or agent of a foreign principal; and (7) certain other opportunities and benefits provided to the public or to Government employees generally. Establishes conditions under which such individual may accept an offer of free attendance at a convention, dinner, or similar event. Prohibits the acceptance of a gift exceeding $250 on the basis of the personal friendship exception unless the Committee on Standards of Official Conduct issues a written determination that such exception applies. Provides that certain reimbursements to such individual for travel expenses to an event in connection with official duties shall not be considered to be gifts if advance authorization is received and the reimbursements and authorization are disclosed within a specified time period. Declares that activities that are substantially recreational in nature shall not be considered to be in connection with official duties. Includes as prohibited gifts to such individual from a registered lobbyist or an agent of a foreign principal: (1) anything provided to an entity that is maintained or controlled by such individual; (2) a charitable contribution made on the basis of such individual's specification, with the exception of a mass mailing or other solicitation directed to a broad category of persons or entities; (3) a contribution or other payment to such individual's legal expense fund; and (4) a financial contribution or expenditure made relating to a conference or similar event sponsored by, or affiliated with, an official congressional organization for, or on behalf of, such individuals. Provides that a charitable contribution made by a registered lobbyist or agent in lieu of an honorarium to such individual shall not be considered a gift under this Act if such individual reports to the Clerk of the House the name and address of the registered lobbyist, the date and amount of the contribution, and the name and address of the designated or recommended charitable organization. Declares that such rules shall be interpreted and enforced solely by the Committee on Standards of Official Conduct.
United States · United States Congress · 6 September 1995
Expresses the sense of the Congress that the President and the Congress should adopt a Peace Through Strength Strategy for the post-Cold War era, based on the following general principles and goals: (1) the United States must accept and maintain global leadership through a clear and consistent articulation of vital U.S. national interests and goals; (2) the United States must maintain highly trained, well-equipped, combat-ready military forces and the national will to prevail in any conflict; (3) U.S. interests are promoted through participation in global and regional political, military, and economic organizations, treaties, and alliances, but the United States must retain its sovereignty and reserve the right to act unilaterally; (4) national wealth and economic strength are the foundation of all forms of power; (5) the economic vitality of the United States rests not only on free market competitiveness but also on responsible financial management; (6) the United States must expand effective human and technical intelligence capabilities to anticipate, detect, and respond to emerging threats; (7) the United States will act to lessen, prevent, and eliminate security threats, including those posed by the proliferation of weapons of mass destruction and of high technology conventional arms, terrorism, drug trafficking, and disruption of access to vital resources; (8) national security policy must be explained to the public in the clear context of national interests and a realistic strategy for protecting those interests; (9) the United States must maintain a strong technological and industrial base with a skilled workforce to support superior U.S. global economic competitiveness and military preparedness; and (10) the United States must systematically and sharply reduce its dependence on imported oil.
United States · United States Congress · 4 August 1995
TABLE OF CONTENTS: Title I: General Debt Collection Initiatives Title II: Justice Debt Management Title III: IRS Levy Authority Debt Collection Improvement Act of 1995 - Title I: General Debt Collection Initiatives - Amends Federal claims and civil service law, revising general administrative, salary, and tax refund offset authorities, and making changes as well under the Debt Collection Act of 1982, Social Security Domestic Employment Reform Act of 1994, and other specified Acts. Includes among such revisions and changes: (1) making the House of Representatives a legislative agency for purposes relating to claims of or against the Federal Government; (2) providing agencies with the authority to require the taxpayer identification numbers of the persons doing business with them; (3) expanding various specified collection and offset authorities and Governmentwide cross- servicing; (4) barring delinquent Federal debtors from obtaining Federal loans or loan guarantees; (5) adjusting Federal civil monetary penalties for inflation; and (6) establishing in the Treasury the Debt Collection Improvement Account to reimburse agencies for expenditures for the improvement of tax administration and agency debt collection and debt recovery activities. (Sec. 203) Amends the Privacy Act of 1974 to exempt from computer matching requirements matches for administrative offset or claims collection or any other payment intercept or offset program authorized by statute. (Sec. 1001) Authorizes the Secretary of the Treasury to: (1) establish guidelines to assist agencies in the performance and monitoring of debt collection activities; and (2) consolidate all reports concerning debt collection into one annual report. Requires the Secretary to: (1) report to the Congress on debt collection services; and (2) prescribe regulations requiring certain agency reports on loans and accounts receivable managed by the head of the agency. Title II: Justice Debt Management - Repeals specified provisions of Federal law to provide for expanded use of private attorneys in Federal debt collection efforts. (Sec. 1201) Amends the Federal judicial code to provide for nonjudicial foreclosure of mortgages. Title III: IRS Levy Authority - Amends the Internal Revenue Code to provide for a continuing levy on non-means tested Federal payments, modify the levy exemption under such Code, and provide for the disclosure of return information to the Financial Management Service in levies with respect to any applicable government payment.
United States · United States Congress · 4 August 1995
Leave Equity for Adoptive Families Act of 1995 - Entitles any employee who needs it, because of the placement of a child with that employee for adoption or foster care, to any leave benefit provided by the employer for care of an employee's newborn biological child or for recovery from the employee's own illness, injury, or disability. Requires that such leave commence no later than 12 months after such placement. Authorizes civil actions to enforce this Act.
United States · United States Congress · 4 August 1995
Medical Nutrition Therapy Act of 1995 - Amends title XVIII (Medicare) of the Social Security Act to provide for Medicare coverage of medical nutrition therapy services of registered dieticians and nutrition professionals.
United States · United States Congress · 4 August 1995
Continues existing average fuel economy standards for passenger and non-passenger automobiles until such standards are specifically amended or changed by law.
United States · United States Congress · 4 August 1995
Congressional Pension Forfeiture Act - Prohibits an individual or his or her survivor or beneficiary from being paid annuity or retired pay on the basis of the individual's creditable service if the individual is convicted of committing, while an employee or Member of Congress, one of specified offenses relating to his or her duties of office which is punishable by imprisonment for more than one year, including bribery of public officials, representing others in claims against the Government, and making or receiving expenditures to influence voting. Applies the same prohibition to such an individual who: (1) is under indictment after the enactment of this Act for one of the offenses; or (2) willfully remains outside the United States or its territories and possessions for more than one year with knowledge of the indictment or charge. Prohibits interest from being computed on an individual's refund of contributions and deposits paid toward annuity or retired pay if such individual was convicted of such an offense in this Act for the period after the conviction of the violation.
United States · United States Congress · 4 August 1995
Prohibits the Secretary of the Interior, until January 1, 2001, from conducting oil or gas preleasing, leasing, or development activities under the Outer Continental Shelf Lands Act in any area placed under restriction by the President's moratorium statement of June 26, 1990.
United States · United States Congress · 4 August 1995
Prohibits the Secretary of the Interior from issuing a lease, permit, or license for oil or gas exploration or extraction on specified submerged lands of the Outer Continental Shelf.
United States · United States Congress · 4 August 1995
Amends Internal Revenue Code provisions relating to mortgage revenue bonds to modify the requirements to be a qualified veteran. Establishes State subcap and State overall cap restrictions.
United States · United States Congress · 2 August 1995
Lobbying Disclosure Reform Act of 1995 - Requires registration with the Federal Election Commission (FEC) by any individual lobbyist (or the individual's employer, if it employs one or more lobbyists) within 30 days after the individual first makes, or is employed or retained to make, a lobbying contact with either the President, the Vice President, a Member of Congress, or any other specified Federal officer or employee. Defines a lobbyist as any individual employed or retained by a client for financial or other compensation for services that include one or more lobbying contacts (but not an individual whose lobbying activities constitute less than ten percent of the time engaged in the services provided to that client). Provides for: (1) special registration filing rules in cases involving multiple clients and contacts; and (2) registration termination in cases where a registrant is no longer employed or retained by a client to conduct lobbying activities, and does not anticipate any additional lobbying activities for such client. Specifies the contents of such registration and reports. Requires registrants to file semiannual lobbying activity reports with the Commission. Provides for exemptions from such registration and reporting requirements in cases involving lobbying income of $2,500 or less (for a particular client), total income in connection with lobbying activities in a six month period of $5,000 or less, or total expenses of $5,000 or less (for all lobbying activities) (adjusted periodically for inflation) for the semiannual period. Specifies various duties of the FEC Chairman for carrying out this Act, including reviewing registrations and reports filed under this Act, and making copies of them available to the public for a fee. Establishes procedures for: (1) determining and resolving alleged violations of this Act; and (2) judicial review of such determinations. Authorizes appropriations. Sets forth special rules for the identification of: (1) foreign and other clients on whose behalf lobbying contacts are made with a covered legislative or executive branch official; and (2) such covered officials. Permits tax-exempt charitable organizations required to report lobbying expenses by the Internal Revenue Code to report, under this Act, only good faith estimates of such expenses in order to meet specified criteria for exemption from the reporting requirements of this Act.
United States · United States Congress · 2 August 1995
Constitutional Amendment - Requires a three-fifths majority of the whole number of each House of the Congress to pass any bill to levy a new tax or increase the rate or base of any tax. Allows the Congress to waive the requirement when a declaration of war is in effect and when the United States is engaged in military conflict that causes an imminent and serious threat to national security and is so declared by a joint resolution, adopted by a majority of the whole number of each House, that becomes law. Makes a bill passed under waiver effective for no longer than two years. Requires all votes under this amendment to be by roll call.
United States · United States Congress · 1 August 1995
TABLE OF CONTENTS: Title I: Independent Commission on Medicare Title II: Controlling Outlays Under Medicare Program Commission to Save Medicare Act of 1995 - Title I: Independent Commission on Medicare - Establishes the Independent Commission on Medicare to: (1) report to the Congress and the President during December of each year on certain aspects of the Medicare program under title XVIII of the Social Security Act involving projected outlays and benefits; and (2) report to the Congress during July of each year specific recommendations on certain changes to ensure that total program outlays for the fiscal year involved do not exceed specified limits. Precludes such recommendations from including changes relating to the payment of payroll taxes for financing the program. Provides procedures for expedited congressional consideration of recommendations. Title II: Controlling Outlays Under Medicare Program - Provides that Congress, not later than April 15 of each year, shall, in the concurrent resolution on the budget for the following fiscal year, establish a limit on total outlays to be made under the Medicare program for the fiscal year involved. Provides for the enforcement of such limits through sequestration under the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act).
United States · United States Congress · 1 August 1995
Wamp Congress Act of 1995 - Amends the Federal Election Campaign Act of 1971 to: (1) place equal ($2000) contribution limits on multicandidate political committees and other persons generally; and (2) limit House of Representatives election contributions from persons other than in-State individual residents.
United States · United States Congress · 31 July 1995
Utility Consumer Service Protection Act of 1995 - Amends Federal transportation law to declare that certain requirements relating to establishing maximum driving and on-duty time for drivers of motor vehicles shall not apply to utility service vehicles or utility drivers, or employers engaged primarily in the business of providing a utility service, or to such vehicles or drivers during a utility emergency. Defines: (1) "utility service vehicle" to mean a motor vehicle that is used in any activity related to the ultimate delivery of public utility services to customers; and (2) "utility driver" to mean any employee of a utility provider or other operator of a utility service vehicle while such vehicle is being used in an activity related to the provision of a utility service.
United States · United States Congress · 28 July 1995
Amends the Federal Election Campaign Act of 1971 to reduce permitted contribution amounts to Federal candidates by multicandidate political committees. (Sec. 2) Prohibits a House of Representatives candidate from accepting contributions from a multicandidate political committee in excess of 50 percent of all contributions accepted by such candidate during a reporting period. (Sec. 3) Limits contributions which a House of Representatives candidate may accept from other than in-State residents. (Sec. 4) Removes contribution limitations for congressional candidates whose opponents intend to spend or spend $100,000 or more from personal sources. (Sec. 5) Prohibits leadership committees. (Sec. 6) Revises contribution through intermediary provisions.
United States · United States Congress · 26 July 1995
Amends the Federal Election Campaign Act of 1971 to require certain disclosures and reports by persons conducting Federal election polls by telephone or electronic devices.
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
Trade Independence Act of 1995 - Amends the Federal criminal code to prohibit: (1) an individual who has served as the U.S. Trade Representative, a commissioner of the International Trade Commission, or the Secretary of Commerce from representing, aiding, or advising a foreign principal, with the intent of influencing the decision of an employee of a U.S. Government department or agency, for ten years after leaving office; and (2) a senior officer or employee of the International Trade Commission, the Office of the United States Trade Representative, the International Trade Administration, or the Bureau of Export Administration of the Department of Commerce from representing, aiding, or advising a foreign entity, with the intent of influencing the decision of an employee of a U.S. Government department or agency, five years after the termination of the individual's employment. Sets penalties for violations.
United States · United States Congress · 12 July 1995
TABLE OF CONTENTS: Title I: Rechargeable Battery Recycling Act Title II: Mercury-Containing Battery Management Act Mercury-Containing and Rechargeable Battery Management Act - Directs the Administrator of the Environmental Protection Agency to establish a program to provide information on the proper handling and disposal of used regulated batteries and rechargeable consumer products with nonremovable batteries. Defines a "regulated battery" as a rechargeable battery that contains a cadmium or lead electrode or contains other electrode chemistries and is the subject of a specified determination by the Administrator. Establishes civil penalties for violations of this Act. Sets forth recordkeeping requirements and establishes access authorities for the Administrator. Authorizes appropriations. Title I: Rechargeable Battery Recycling Act - Rechargeable Battery Recycling Act - Prohibits any person from selling for use in the United States a regulated battery or a rechargeable consumer product ready for retail sale and manufactured on or after 12 months after this Act's enactment date unless the battery is easily removable from the product or is sold separately. Sets forth labeling requirements, including that the label contain a statement that the battery must be recycled or disposed of properly. Authorizes the Administrator, upon determining that other rechargeable batteries having electrode chemistries different from regulated batteries are toxic and may cause substantial harm if discarded for land disposal or incineration, to promulgate requirements for: (1) labeling such batteries and related products; and (2) easy removability of regulated batteries from rechargeable consumer products designed to contain such batteries. Provides for exemptions from this Act's requirements under certain conditions. Title II: Mercury-Containing Battery Management Act - Mercury-Containing Battery Management Act - Prohibits the sale or offering for sale or promotional purposes of: (1) alkaline-manganese batteries manufactured on or after January 1, 1996, with a mercury content that was intentionally introduced (limits the content in alkaline-manganese button cells to 25 milligrams of mercury per button cell); (2) zinc carbon batteries manufactured on or after January 1, 1996, that contain mercury that was intentionally introduced; (3) button cell mercuric-oxide batteries for use in the United States on or after January 1, 1996; and (4) any mercuric-oxide battery on or after January 1, 1996, unless the manufacturer identifies a collection site that has all required Federal, State, and local government approvals, to which persons may send such batteries for recycling or disposal and informs its purchasers of such site and of a telephone number to get information about sending such batteries for recycling or disposal. Authorizes the Administrator, upon the petition of a person that proposes a new use for a battery technology or the use of a battery described in this title in a new product, to exempt such new use or product from this title if there exist safeguards to ensure that the battery or product will not be disposed of in an incinerator, composting facility, or landfill (other than a facility regulated under subtitle C of the Solid Waste Disposal Act).
United States · United States Congress · 30 June 1995
TABLE OF CONTENTS: Title I: Abolishment of Department of Energy Title II: Energy Laboratory Facilities Title III: Privatization of Federal Power Marketing Administrations Title IV: Transfer and Disposal of Reserves Title V: National Security and Environmental Management Programs Subtitle A: Defense Nuclear Programs Agency Subtitle B: Environmental Restoration Activities at Defense Nuclear Facilities Title VI: Disposition of Miscellaneous Particular Programs, Functions, and Agencies of Department Title VII: Civilian Radioactive Waste Management Title VIII: Miscellaneous Provisions Department of Energy Abolishment Act - Title I: Abolishment of Department of Energy - Redesignates the Department of Energy (DOE) as the Energy Programs Resolution Agency (the Agency), headed by an Administrator to perform the previous functions of the Department of Energy. Provides for the continuation of service of the Secretary of Energy as the interim Administrator. (Sec. 105) Authorizes the Administrator to establish, consolidate, alter, or discontinue in the Energy Programs Resolution Agency any organizational entities that were entities of DOE. Sunsets the Agency three years after the date of enactment of this Act. Directs the Comptroller General to report to the Congress on the most efficient way to accomplish the complete abolishment of DOE and the transfer or termination of its functions. Title II: Energy Laboratory Facilities - Establishes the Energy Laboratory Facilities Commission to privatize and reduce energy laboratories and programs. Prescribes procedural guidelines. (Sec. 205) Establishes the Energy Laboratory Facility Closure Account to fund implementation of such guidelines. Title III: Privatization of Federal Power Marketing Administrations - Federal Power Asset Privatization Act of 1995 - Directs the Secretary of Energy to sell, at the highest possible price, all Federal electric power generation and transmission facilities supervised by, or coordinated with, the Federal Power Marketing Administrations (except the Bonneville Power Administration (BPA)). Restricts such sales to domestic entities or U.S. citizens. Requires the Secretary to terminate Federal Power Marketing Administration operations (except those of the BPA) upon completion of the sales. Directs the Secretary to retain a private sector firm through a competitive bidding process to serve as financial advisor with respect to such sales. Expresses the sense of the Congress that the purchaser of any such facilities should offer to employ former Federal Power Marketing Administration personnel. Mandates that sale proceeds be deposited into the Treasury. Sets forth a sales completion deadline for each Power Marketing Administration concerned. (Sec. 305) Mandates that the pertinent sales agreements require each purchaser providing electric power to customers within any region to insure that the price of electric power does not increase above the baseline price at a rate greater than ten percent annually. (Sec. 306) Directs the Federal Energy Regulatory Commission (FERC) to issue to the purchaser of a hydroelectric generation facility a ten-year original license under the Federal Power Act to insure that the project will continue operations under the same conditions as were applicable prior to the sale. Grants FERC Federal Power Act jurisdiction over any such facility sold. (Sec. 307) Amends the Energy and Water Development Appropriations Act of 1993 to repeal the proscription against the use of appropriated funds for studies regarding a changeover from an "at cost" to a "market rate" or other noncost-based methodology for pricing hydroelectric power. (Sec. 308) Transfers to the Secretary of the Interior all DOE functions affecting the BPA. Instructs the Secretary to study and report to the Congress on the most cost-effective option of disposing of the BPA. Title IV: Transfer and Disposal of Reserves - Transfers to the Secretary of the Interior all former DOE functions affecting the Strategic Petroleum Reserve. Instructs the Secretary to: (1) sell the reserves held at Weeks Island, Louisiana; (2) appoint an advisory board to monitor the sale of such reserves and report to the Congress on whether the United States should maintain or dispose of the Strategic Petroleum Reserve. (Sec. 402) Directs the Secretary of Energy to: (1) transfer jurisdiction and control over naval petroleum reserves to the Department of the Interior; and (2) sell all Federal right, title, and interest in the Naval Petroleum Reserve Numbered 1 (Elk Hills). (Sec. 403) Directs the Secretary of the Interior to study and report to the Congress on the most cost-effective options for other Federal interests in naval petroleum reserves. Title V: National Security and Environmental Management Programs - Subtitle A: Defense Nuclear Programs Agency - Establishes the Defense Nuclear Programs Agency (the Agency) in the Department of Defense (DOD), headed by an Under Secretary for Defense Nuclear Programs (the Under Secretary) with primary responsibility for defense nuclear programs. (Sec. 504) Transfers to the Under Secretary all supervisory functions previously performed by: (1) DOE over Sandia, Los Alamos, and Lawrence Livermore National Laboratories; (2) Defense Nuclear Agency of DOD relating to nuclear weapons systems; and (3) the Defense Nuclear Facilities Safety Board. Authorizes the Secretary of Defense to transfer other nuclear weapons-related functions to the Under Secretary. (Sec. 505) Places restrictions upon the transfer of funds by the Agency. Subtitle B: Environmental Restoration Activities at Defense Nuclear Facilities - Amends the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 to require the Under Secretary to review ongoing and planned remediation activities consistent with this Act. (Sec. 521) Sets forth guidelines for site-specific risk assessment before the selection of a remedial action at a defense nuclear facility which include an analysis of risk reduction benefits and costs. (Sec. 523) Instructs the Under Secretary to renegotiate the terms of any compliance agreement entered into with the Secretary of Energy, the Environmental Protection Agency and the relevant State in order to have it reflect this Act. Title VI: Disposition of Miscellaneous Particular Programs, Functions, and Agencies of Department - Limits authorizations for enumerated energy research and development programs through FY 2000. (Sec. 601) Directs the Energy Laboratory Facilities Commission to identify for the Congress all DOE research and development activities carried out at energy laboratories or institutions of higher education that perform a critical research function important to the long-term economic well-being of the United States. Directs the Secretary of Energy to terminate all DOE clean coal technology research and development activities. Authorizes appropriations for DOE fossil energy and energy conservation research and development activities. Terminates such activities at the end of FY 1998. Transfers from DOE to DOD specified: (1) weapons activities; and (2) materials support and other defense programs. (Sec. 602) Transfers to the Department of the Treasury all functions performed by the Energy Information Administration (EIA). Authorizes appropriations for the EIA. Transfers to the Attorney General all functions performed by the Energy Regulatory Administration. Title VII: Civilian Radioactive Waste Management - Amends the Nuclear Waste Policy Act of 1982 to terminate the Office of Civilian Radioactive Waste Management and transfer its authority and assets to the Army Corps of Engineers (the Corps). Provides that the Corps shall assume all obligations of the Office affecting the Yucca Mountain site, and that Nevada State permits shall be reissued for the Corps. Prescribes procedural guidelines for Corps preparation and implementation of a Yucca Mountain site characterization plan. Title VIII: Miscellaneous Provisions - Sets forth miscellaneous implementing provisions, conferring upon the Office of Management and Budget the authority to make any determination regarding functions transferred under this Act and incidental transfers.
United States · United States Congress · 30 June 1995
Reduces the number of Department of Defense Operational Support Aircraft: (1) after September 30, 1996, to no more than two-thirds of the number available as of June 1, 1995; and (2) after September 30, 1997, to no more than one-half of the number of such aircraft available as of June 1, 1995, except if the Secretary of Defense certifies to the Congress that additional aircraft are needed for wartime purposes or to retain aircrew readiness. Directs the Secretary of Defense to: (1) designate the Secretary of one of the military departments to administer the maintenance and operation of all fixed-wing aircraft which previously had performed the functions of Operational Support Aircraft; (2) issue regulations for maintaining, operating, and using the fixed-wing aircraft; and (3) designate the United States Transportation Command as the manager for all fixed-wing Operational Support Aircraft. Reduces by half the number of Department of Defense helicopters used for administrative purposes (excluding support of the President) in the National Capital area after September 30, 1996. Requires the Secretary to report to the Congress on implementation of this Act and on the number of fixed-wing aircraft in the Department's inventory as of June 1, 1995.
United States · United States Congress · 30 June 1995
Efficient Fleet Management Act of 1995 - Amends the Federal Property and Administrative Services Act of 1949 to require the Director of the Office of Management and Budget to issue rules which establish procedures for Federal agency award of contracts for the procurement of property and services related to motor vehicle pools and systems. Prohibits an agency from procuring such property and services except: (1) under a contract awarded under competitive procedures; and (2) subject to the supervision of the Director. Authorizes, under specified conditions, the head of an agency to use Government personnel to operate a motor vehicle fleet of the agency rather than contracting for the procurement of motor vehicle fleet services from private sector sources only if there are demonstrated greater cost-efficiencies achieved by agency operation of the fleet. Requires the amount expended by all agencies for FY 1996 through 2000 for the operation of motor vehicle pools and systems to be reduced by $200 million (or approximately ten percent) below the amount expended by them for such operation in FY 1995.
United States · United States Congress · 30 June 1995
SSI Disability Benefits Reform Act of 1995 - Amends title XVI (Supplemental Security Income) (SSI) of the Social Security Act to: (1) require periodic reapplications with respect to continued receipt of SSI benefits by reason of disability; (2) strike certain restrictions regarding determination of SSI ineligibility; and (3) modify criteria regarding mental impairments.
United States · United States Congress · 30 June 1995
Independent Contractor Tax Simplification Act of 1995 - Amends the Internal Revenue Code to provide that, for purposes of determining the employment status of individuals as employees, a service provider shall not be treated as an employee, a service recipient shall not be treated as an employer, and a payor shall not be treated as an employer if: (1) a service provider has a significant investment in assets and training, incurs significant unreimbursed expenses, agrees to perform the service for a specified amount of time or to complete a specific result and is responsible for damages for early termination without cause, receives payment primarily on a commission basis, or has purchased resale products; (2) the service provider has a principal place of business, does not primarily provide service in the service recipient's place of business, or pays a fair market rent for use of the recipient's place of business or does not have to perform service only for the service recipient and, in the current year or in the proceeding or subsequent years, has performed or has offered to perform a significant amount of service for other persons; and (3) the services by an individual are performed according to a written contract between the service recipient or payor which provides that the individual will not be treated as an employee.
United States · United States Congress · 29 June 1995
Coastal Zone Management Reauthorization Act of 1995 - Amends the Coastal Zone Management Act of 1972 to authorize annual grants to States to develop coastal zone management programs. Limits each State to four (currently, two) grants. Authorizes grants to States to implement program changes. Allows financial assistance under existing provisions for research and monitoring in a national estuarine reserve to be used for research outside such a reserve if the activities support research inside the reserve. Authorizes appropriations for: (1) such development grants; (2) administering State management programs; (3) resource management improvement grants; (4) coastal zone enhancement grants; (5) grants under the National Estuarine Research Reserve System; (6) technical assistance; and (7) expenses incidental to the administration of the Act.
United States · United States Congress · 22 June 1995
Enterprise Capital Formation Act of 1995 - Amends the Internal Revenue Code to allow an exclusion of 75 percent (currently, 50 percent) of the gain from the sale or exchange of qualified small business stock held more than five years. Removes provisions restricting that exclusion to noncorporate taxpayers. Prohibits treating stock of a member of a parent-subsidiary controlled group as qualified while held by another member of such group. Removes provisions listing the excluded amounts as items of tax preference for purposes of alternative minimum tax. Changes the requirements for a business to qualify as a small business for these purposes. Removes provisions relating to a per-issuer limitation on a taxpayer's eligible gain. Modifies the working capital requirements of the active business requirement. Applies the amendments made by this Act to any qualified stock issued after August 10, 1993, if the taxpayer so elects.
United States · United States Congress · 21 June 1995
Federal-aid Facility Privatization Act of 1995 - Requires executive agency heads to: (1) assist State and local governments in privatization efforts regarding federally financed infrastructure assets needed for a functioning economy; and (2) approve governmental asset privatization requests and waive or modify any grant assurance in accordance with specified criteria. Lists among such infrastructure assets roads, bridges, electricity supply facilities, airports, water supply and delivery facilities, recycling and wastewater treatment facilities, housing, schools, prisons, and hospitals, as well as other specified facilities. Declares that no State or local government shall be obligated to repay Federal grant monies received in connection with assets being privatized. Authorizes State and local governments to: (1) use asset privatization proceeds as permitted under grant assurances; and (2) recover capital investment, an amount equal to unreimbursed asset operating expenses in any infrastructure asset, and a reasonable rate of return.
United States · United States Congress · 20 June 1995
Amends the Communications Act of 1934 to prohibit Federal Communications Commission (FCC) regulations from requiring an employer to replace or retrofit telephones to meet FCC hearing aid compatibility requirements if such telephones: (1) were in use before August 16, 1989; (2) are located in noncommon areas of the workplace; and (3) are not coin-operated telephones or telephones for emergency use purposes.
United States · United States Congress · 16 June 1995
TABLE OF CONTENTS: Title I: Emergency Relief for Areas with Substantial Need for Services Title II: Care Grant Program Title III: Early Intervention Services Title IV: General Provisions Title V: Additional Provisions Title VI: Effective Date Ryan White CARE Act Amendments of 1995 - Title I: Emergency Relief for Areas with Substantial Need for Services - Amends provisions of the Public Health Service Act relating to formula grants for emergency relief for areas with a substantial need for acquired immune deficiency syndrome (AIDS) services (emergency relief grants) to modify or create: (1) the criteria for determining which geographic areas are eligible; (2) the representation mandated on and the duties of the HIV (human immunodeficiency virus) services planning council in areas receiving grants; (3) grant distribution time limits; (4) limits on reductions in grants; (5) requirements regarding supplemental grants; (6) a requirement that formula and supplemental grants be expended in accordance with priorities established by the area's council; (7) the primary purposes of the grants; (8) the entities eligible to receive financial assistance from grant funds (including allowing for-profit entities in certain circumstances); (9) a requirement to use a specified percentage of grant funds for services to infants, children, and women with HIV disease; (10) limitations on administrative expenditures; and (11) application requirements (including allowing a single application for both formula and supplemental grants). Authorizes planning grants to assist an area that is projected to be eligible for a formula grant in the subsequent fiscal year in preparing for its responsibilities under the grant. Title II: Care Grant Program - Changes or adds provisions concerning a program of grants for health care and support services for individuals and families with HIV disease (care grant program) relating to: (1) the uses of the grants; (2) grants to establish HIV care consortia (including allowing grants to for-profit providers in certain circumstances); (3) application requirements; (4) State allocation of assistance; and (5) technical assistance. Title III: Early Intervention Services - Amends provisions relating to early intervention services to alter or establish provisions relating to: (1) the uses of categorical grants; and (2) making for-profit entities eligible. Authorizes early intervention services planning grants. Modifies application requirements. Authorizes appropriations for categorical grants. Title IV: General Provisions - Replaces provisions authorizing demonstration grants for research and services for pediatric HIV disease patients and pregnant women with HIV disease with provisions authorizing grants providing women, infants, and children: (1) opportunities to participate as subjects in research of potential clinical benefit regarding HIV disease; and (2) outpatient health care. Authorizes the use of limited funds for training and technical assistance. Authorizes appropriations. Mandates grants for demonstration projects that provide for the care and treatment of individuals with HIV disease that assess treatment model effectiveness, are innovative, and have the potential to be replicated locally or nationally. Requires reserving a specified percentage of the amounts available under title XXVI (HIV Health Care Services Program) of the Public Health Service Act for grants under this paragraph. Removes existing provisions relating to special projects of national significance. Transfers provisions (currently located in title VII (Health Professions Education) of the Public Health Service Act) authorizing grants and contracts to assist in training health care practitioners regarding HIV disease to such title XXVI. Modifies the projects for which the assistance may be used. Authorizes appropriations. Replaces an authorization of appropriations for carrying out provisions on evaluations and reports regarding title XXVI with provisions requiring that those evaluation and reporting provisions be carried out with amounts available under evaluation and reporting provisions of title II (Administration and Miscellaneous Provisions) of the Public Health Service Act. Title V: Additional Provisions - Modifies the formulas for determination of the amount of emergency relief grants and care grants. Authorizes appropriations to carry out the emergency relief grant program and the care grant program. Mandates development of a methodology for adjusting the percentages made available to each of those two programs. Repeals existing provisions authorizing appropriations separately for the two programs. Title VI: Effective Date - Sets forth the effective date for this Act.
United States · United States Congress · 15 June 1995
Natural Disaster Protection Partnership Act of 1995 - Amends the Robert T. Stafford Disaster Relief and Emergency Assistance Act (the Act) to: (1) require a State to pay or agree to pay at least five dollars per resident, as determined by the latest official census, before such State or local government receives Federal assistance for the repair, restoration, reconstruction, or replacement of public facilities damaged or destroyed by a major disaster in the State; and (2) revise the formula used to determine the Federal share of such assistance as well as the Federal share for debris and wreckage removal from publicly and privately owned lands resulting from such disaster. Allows an increase of such assistance only upon the enactment of a joint resolution not designated as an emergency under provisions of the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act). (Sec. 5) Adds provisions concerning disaster mitigation. Requires the Director of the Federal Emergency Management Agency to establish and carry out natural disaster hazard mitigation (mitigation) programs that support natural disaster research, technology, and education. Gives the effect of law to a specified executive order relating to earthquake design and construction standards for federally leased, assisted, or regulated buildings. Requires the Director to enter into an arrangement with the National Academy of Sciences to study and report to the Congress on the feasibility of establishing: (1) national minimum building construction standards for residential and commercial building construction; and (2) standards for the training and licensing of home inspectors and for using such inspections as a means of promoting mitigation for residential property. Requires the Director to define which States should be classified as natural disaster-prone for purposes of the Act. Requires each natural disaster-prone State to either: (1) adopt multihazard building and safety codes for all new and substantially modified building construction in that State; or (2) certify that the State's local communities have adopted and are enforcing building codes which meet the appropriate minimum mitigation requirements of that State. Requires each State designated as flood-prone to either adopt relevant flood protection standards or certify that its flood-prone local communities are in compliance with appropriate State flood protection standards. Requires each natural disaster-prone State to either develop a multihazard mitigation plan or designate an existing plan which includes specified compliance and response requirements. Outlines provisions concerning State compliance with the establishment, adoption, and implementation of appropriate mitigation plans. Provides penalties for noncompliance. Requires the Director, after crediting premiums from the Natural Disaster Insurance Corporation (established under this Act), to allocate funds from a Mitigation Account (established under this Act) to States which comply with all mitigation requirements under this Act. Provides an allocation formula. Requires such funds to be used to support mitigation activities, especially those necessary to bring a State into compliance with building and safety code requirements enumerated under this Act. Requires audits of fund uses. Exempts a State, under specified conditions, from a particular mitigation requirement if it receives inadequate funds from the Account to cover the costs of complying with such requirement. Encourages each private insurer that participates in the Natural Disaster Insurance Corporation to take mitigation measures into account in setting rates and deductibles for its property insurance. Establishes the Natural Disaster Insurance Corporation as a not-for-profit membership corporation to provide primary insurance coverages and reinsurance coverage for hurricanes, earthquakes, volcanic eruptions, and tsunamis. Requires the Corporation's Board of Directors (Board) to: (1) develop a plan of operation describing the Corporation's administration and the provision of the insurance coverages it provides; and (2) develop and adjust, when necessary, actuarially sound rates for such coverages. Establishes an independent Natural Disaster Insurance Board of Actuaries (Independent Board) to review and approve such plan and rates. Requires the Board to file with each State insurance regulator information copies of the initial material and future revisions to its insurance rates, terms, or conditions. Requires the Corporation to establish and maintain a: (1) primary insurance coverage trust account to pay qualifying claims and loss adjustments expenses to private insurers acting as service providers of the primary insurance coverages; and (2) reinsurance coverage trust account to pay qualifying claims to private insurers which purchased such coverage. Outlines provisions concerning the Corporation's use of funds from other accounts and funds to pay for losses in excess of trust account funds or funds raised by issuing obligations in the private market (requiring repayment of funds borrowed from such accounts or funds). Requires the trust accounts to be kept separate. Prohibits: (1) the borrowing of monies between such accounts; and (2) the authorization or appropriation of Federal funds for Corporation activities. Requires the Comptroller General to audit and report to the Congress on Corporation and Independent Board activities. Requires the Corporation to: (1) issue primary insurance coverages that insure against physical damages and losses to residential property, including debris removal, additional living expenses incurred as a result of direct damage to such property, and ordinance and law coverages, resulting from the natural disasters enumerated in this Act that meet specified terms and conditions; and (2) make, under certain conditions, excess reinsurance coverage available to private insurers and State insurance pools for residential losses (including quota-share amounts retained by the private insurers under this Act not already insured by the Corporation under the primary insurance coverage policies) and commercial losses that are proximately caused by specified natural disaster perils. Prohibits making or renewing any federally-related mortgage loan secured by residential property located in an earthquake, volcanic eruption, tsunami, or hurricane-prone State unless the property is covered by: (1) primary insurance coverages; or (2) coverage issued by a private insurer which has equivalent terms, conditions, and rates as such coverages for seismic perils and that meets such terms and conditions as those required for the hurricane peril. Provides an escrow requirement with respect to insurance premiums for such coverage. Outlines requirements that must be met by residential property owners in natural disaster-prone States before the owners can receive any financial assistance under the Act or any similar Federal disaster assistance. Requires the Director and the Corporation to jointly report to the Congress on any additional sanctions or other measures deemed necessary to assure that policyholders purchase Federal flood insurance pursuant to the National Flood Insurance Act of 1968. Requires private insurers which exclude coverage for physical damage caused by flooding to include in the contract a specified warning statement to that effect (or an appropriate alternative warning statement). Establishes in the Treasury the Natural Disaster Protection Fund. Establishes within the Fund a separate Private Loss Account, Public Loss Account, and Mitigation Account. Requires the three accounts to be kept separate and prohibits the borrowing of monies between them. Requires the Private Loss Account to provide direct Federal loans to cover shortfalls in the Corporation's primary insurance and reinsurance accounts. Requires the Public Loss Account to: (1) retain reserve funds sufficient to cover the anticipated costs resulting from natural disasters up to the annual ten-year historical average of disaster relief provided by the Director; and (2) provide grants to States for the repair or restoration of critical facilities and lifelines, public facilities, and infrastructure damaged or destroyed by natural disasters and for pre-natural disaster mitigation. Allows the Federal share of such grants to be increased only upon the enactment of a joint resolution not designated as an emergency under provisions of the Balanced Budget and Emergency Deficit Control Act of 1985. Requires: (1) the Mitigation Account to provide funds to States for appropriate mitigation efforts described in this Act; and (2) the Corporation to pay a specified percentage of the annual net premiums collected for the primary insurance coverages and the reinsurance coverages for mitigation purposes. Provides for appropriate transfers and credits to the Public Loss Account and the Mitigation Account. Authorizes appropriations to such Accounts.
United States · United States Congress · 14 June 1995
Safety and Health Improvement and Regulatory Reform Act of 1995 - Amends the Occupational Safety and Health Act of 1970 (OSHA) to revise provisions for OSHA standards. Requires promulgation and modification of such standards to be based of certain analyses and criteria, including a specified type of regulatory impact analysis, as well as a risk assessment and a cost-benefit analysis which are industry-specific. (Sec. 2) Repeals provisions for separate rules for toxic materials or harmful physical agents. Deems a variance to have been issued as of the date the application for it was filed,if the Secretary has failed to approve or disapprove such application within 90 days of such filing (unless the Secretary of Labor and the applicant agree to a longer period). Sets forth requirements relating to such regulatory impact analyses (both a preliminary and a final one), risk assessments, and cost-benefit analyses. Directs the Secretary, within seven years of the effective date of this Act, to review each OSHA standard in effect as of such effective date under specified criteria, and to modify or revoke such standards as appropriate. Allows each person affected by a promulgated OSHA standard to petition the Secretary to modify or revoke such standard pursuant to this review process. Sets forth substantive and procedural requirements relating to such provisions. Repeals the mandate that, in determining the priority for establishing OSHA standards, the Secretary give due regard to: (1) the urgency of the need for such standards for particular industries, trades, crafts, occupations, businesses, workplaces, or work environments; and (2) the recommendations of the Secretary of Health and Human Services regarding such need. Directs the Secretary, upon determining that a rule should be promulgated or modified to serve OSHA objectives, to appoint an independent and external peer review panel to review the scientific and economic data which forms the basis for such standard and such data's relevance to industries and workers that would be affected by it. (Sec. 3) Revises provisions for notices of violations and citations. Directs the Secretary to give notices of violations, with specified periods for abatement (at least 30 days, except that a reasonable shorter period may be ordered if the condition constitutes a direct threat to employees). Authorizes the Secretary to issue citations after a follow-up inspection if the violation remains and the abatement period has expired. Provides that such notice of a violation before issuance of a citation shall not be required in cases of alleged violations causing death or serious injury, or constituting an imminent danger, to an employee. (Sec. 4) Directs the Secretary to establish an office to promote, administer, and coordinate the following worksite-based incentives programs and activities. Exempts from general OSHA inspections workplaces which: (1) the employer certifies have been reviewed under a Federal-State consultation services program or a workplace review provided by a certified person; or (2) the Secretary chooses to certify as having significant involvement of their employees in their safety and health program. Directs the Secretary to establish programs to: (1) certify persons to conduct such reviews; (2) give special recognition (including exemption from random OSHA inspections) to worksites, companies, and other organizations which have implemented particularly effective programs addressing occupational safety and health in the workplace; and (3) provide education, training, and technical assistance to employers and employees in providing safe and healthful workplaces and complying with OSHA requirements. Reserves at least one-half of the annual appropriation under OSHA for such worksite-based incentives programs, effective in the first fiscal year beginning three years after the effective date of this Act. (Sec. 5) Makes certain restrictions under the National Labor Relations Act and the Railway Labor Act inapplicable to employee participation on certain committees, teams, or other arrangements dealing with employers concerning health and safety of working conditions or related matters. (Sec. 6) Revises provisions for inspections. Revises provisions relating to employee requests for inspections to: (1) eliminate such requests by employee representatives; and (2) make a special inspection discretionary rather than mandatory, while having the Secretary make an inquiry with the employer, upon determination that there are reasonable grounds that the alleged violation or danger exists and that the employer has failed to correct it. Requires that certain inspections be conducted by at least one individual who has technical expertise by training or experience in the industry or types of hazards being inspected. Directs the Secretary to: (1) enter into agreements with other Federal agencies and with States to train inspection personnel of agencies which inspect employers to inspect places of employment to determine if employee fire protection is adequate; and (2) establish a system for referral of fire hazards to the Secretary after notification to the employer, if the employer fails to take corrective actions. Prohibits the Secretary from conducting routine inspections of (or enforcing any OSHA standard, rule, regulation, or order with respect to): (1) any person engaged in a farming operation that does not maintain a temporary labor camp and is employing ten or fewer employees; and (2) any employer of not more than 50 employees that has an occupational injury or a lost work day rate less than the national average. Sets forth certain exceptions from such exemption. (Sec. 7) Adds employer defenses of employee misconduct, or alternative safe methods, or other inconsistent or conflicting requirements. (Sec. 8) Revises OSHA penalties. Eliminates provisions relating to willful and repeated violations. Directs the Occupational Safety and Health Review Commission to: (1) assess all civil penalties, giving due consideration to their appropriateness with respect to specified factors; and (2) not assess a penalty greater than that proposed by the Secretary. Allows reduction of a civil penalty by the cost to the employer of correcting the violation. Authorizes the Secretary to propose that a special assessment penalty of up to ten times greater be applied in the circumstances of employee fatalities, or an excessive history of serious injuries to employees, caused by violations of certain OSHA standards. Prohibits penalties where no standard or regulation exists. Provides for jurisdiction for prosecution under State and local criminal laws. (Sec. 9) Revises enforcement procedures with respect to Commission review of the Secretary's citations or proposed penalties for employers. Revises judicial review provisions to require upholding, if reasonable, of the Commission's conclusions of law with respect to the construction of OSHA, or regulations, rules, standards, or orders adopted under OSHA. Increases Commission membership from three to five, and quorums from two to three members. Requires at least one Commission member to have expertise or experience in mining. Revises provisions for Commission hearings and records to provide that, if the parties so agree, there shall not be required any formal proceedings, including requests for production of documents or requests for admissions, interrogatories, or depositions. (Sec. 10) Repeals OSHA provisions for: (1) the National Institute of Occupational Safety and Health (NIOSH), thus abolishing it; (2) NIOSH research and related activities; and (3) NIOSH training and employee education activities. (Sec. 11) Repeals OSHA provisions relating to the already terminated National Commission on State Workmen's Compensation Laws. (Sec. 12) Revises OSHA conditions for approval of State plans. Makes certain conditions inapplicable if the State has adopted alternative performance measures to assure that its program is at least as effective as the Federal program in assuring safe and healthful employment and places of employment. (Sec. 13) Revises procedures for discrimination protection for whistle-blowers under OSHA. (Sec. 14) Provides for OSHA coverage of Federal agencies. (Sec. 15) Repeals provisions for separate occupational safety and health programs for Federal agencies. (Sec. 16) Authorizes employers to establish alcohol and substance abuse testing programs where there is a reasonable probability that any employee's safety or health could be endangered because of use of alcohol or a controlled substance in the workplace. Requires such programs to conform to specified Federal guidelines. Allows employer pre-employment testing for alcohol or substance abuse under specified circumstances. Authorizes the Secretary to test employees for use of alcohol or controlled substances during any investigation of a work-related fatality or serious injury. (Sec. 17) Repeals titles I, II, III, and V of the Federal Mine Safety and Health Act of 1977 (FMSHA). Transfers the functions, responsibilities, and authorities of: (1) the Mine Safety and Health Administration to the Assistant Secretary of Labor for Occupational Safety and Health; and (2) the Federal Mine Safety and Health Review Commission to the Occupational Safety and Health Review Commission. Deems FMSHA standards to have been promulgated under OSHA. Prohibits the Secretary from enforcing any other standards promulgated prior to the effective date of this Act, with respect to activities, conditions, or processes which were subject to FMSHA. Repeals specified parts of the Code of Federal Regulations (CFR). Prohibits requirements of a specified part of CFR from being enforced with respect to any sand, gravel, surface stone, surface clay, colloidal phosphate, or surface limestone mine. Establishes OSHA requirements for mine safety inspections, enforcement orders, and penalties. Requires the National Mine Health and Safety Academy to be: (1) maintained as an agency of the Department of Labor; and (2) responsible for training of mine safety and health inspectors and technical support personnel, and for any other training programs for mine inspectors, mining personnel, or other personnel designated by the Secretary. (Sec. 18) Revises specified OSHA provisions for recordkeeping, reporting, and statistics. (Sec. 19) Adds definitions of the terms "serious injury" and "industry." (Sec. 20) Directs the Secretary to: (1) report annually to the Congress regarding activities under OSHA, including recommendations to avoid unnecessary duplication and to achieve coordination with other Federal laws; and (2) provide for a means for certification of equipment safety, to be conducted by nongovernmental agencies, unless such agencies with professional or technical personnel or materials and equipment are not available.
United States · United States Congress · 8 June 1995
Amends the Federal Food, Drug, and Cosmetic Act to repeal the saccharin notice requirement for products that contain saccharin that are not for immediate consumption.
![Official portrait of Rep. Klug, Scott L. [R-WI-2]](https://www.congress.gov/img/member/k000274_200.jpg)