United States · United States Congress · 11 January 1995
National Gambling Impact and Policy Commission Act - Establishes the National Gambling Impact and Policy Commission to: (1) study gambling in the United States and existing governmental policies and practices with respect to the legalization or prohibition of gambling activities; and (2) formulate and propose appropriate changes in such policies and practices for a report to the President and the Congress.
United States · United States Congress · 11 January 1995
Bartlett-Stockman Assault Weapon Ban Repeal Act - Amends the Violent Crime Control and Law Enforcement Act of 1994 to repeal prohibitions relating to semiautomatic assault weapons and large capacity ammunition feeding devices.
United States · United States Congress · 11 January 1995
Amends the Omnibus Budget Reconciliation Act of 1990 to: (1) make permanent the Medicare select policy program; and (2) allow access to Medicare select policies in all States. Amends title XVIII (Medicare) of the Social Security Act to revise the Medicare select policy program and provide for a civil penalty for misrepresentations made in connection with a Medicare select policy.
United States · United States Congress · 9 January 1995
Requires the head of any Federal agency to differentiate between fats, oils, and greases of animal, marine, or vegetable origin, and other oils and greases in issuing certain regulations.
United States · United States Congress · 9 January 1995
Amends the Internal Revenue Code to provide a one-time exclusion of gain from the sale of farmland by a taxpayer who has attained the age of 55 to a beginning farmer.
United States · United States Congress · 5 January 1995
Expresses the sense of the House of Representatives that: (1) obstetrician-gynecologists should be designated as primary care providers for women in Federal laws relating to the provision of health care; and (2) legislative proposals that define primary care should include services performed by obstetrician-gynecologists in such definition.
United States · United States Congress · 4 January 1995
Amends Federal law to prohibit any State from imposing an income tax on the retirement income of any individual who is not a resident or domiciliary of that State.
United States · United States Congress · 4 January 1995
Amends the Clean Air Act to authorize a State in which all or part of a Severe ozone nonattainment area is located to submit a plan revision requiring employers in such area to implement programs to reduce work-related vehicle trips and miles by employees. (Current law requires such States to submit such revision within two years of the enactment of the Clean Air Act Amendments of 1990.) Authorizes such revision to require employers in such areas to increase average passenger occupancy per vehicle in commuting trips between home and workplace during peak travel periods. (Current law requires specified increases in average passenger occupancy.) Authorizes (currently, requires) the revision to require employers subject to a vehicle occupancy requirement to submit a compliance plan.
United States · United States Congress · 4 January 1995
Amends the Internal Revenue Code to provide that the burden of proof with respect to all issues, in the case of any court proceeding, is on the Secretary of the Treasury. Requires the Secretary to identify in writing the specific kind or type of tax, and its specific implementing regulations, within 14 days upon the written request from any person made liable for such tax. Increases the limitation on the amount of recovery for civil damages for unauthorized collection actions by the Internal Revenue Service. Excludes such damages from gross income.
United States · United States Congress · 4 January 1995
Amends Internal Revenue Code provisions relating to the income tax deduction for the health insurance costs of self-employed individuals to: (1) increase the allowable deduction from 25 percent to 100 percent; and (2) make the deduction permanent.
United States · United States Congress · 4 January 1995
Immigration Moratorium Act of 1995 - Restricts U.S. immigration levels to specified numbers of family-sponsored immigrants, employment-based immigrants, and refugees.
United States · United States Congress · 4 January 1995
Language of Government Act of 1995 - Declares English to be the official language of the U.S. Government. States that the Government has an affirmative obligation to preserve and enhance the role of English as the official language. Requires the Government to conduct its official business in English. Prohibits anyone from being denied Government services because he or she communicates in English.
United States · United States Congress · 4 January 1995
1995 Community Protection Initiative - Amends the Federal criminal code to exempt qualified current and former law enforcement officers carrying appropriate written identification of such status from State and local laws prohibiting the carrying of a concealed handgun.
United States · United States Congress · 4 January 1995
American Dream Restoration Act - Amends the Internal Revenue Code to allow individuals a tax credit of $500 multiplied by the number of qualifying children who have not attained age 18. Places limitations on such credit based on: (1) taxpayer adjusted gross incomes over $200,000; and (2) social security tax payments. Provides an inflation adjustment for such credit and the taxpayer adjusted gross income amount. Allows a tax credit for qualified married couples equal to a dollar amount determined by the Secretary of the Treasury to reduce revenues by $2 billion. Describes such couples as those who would be required to pay more in income taxes because they are married than they would be required to pay if they were not married. Establishes individual retirement plans which can be designated as American Dream Savings Accounts. Disallows a tax deduction for amounts contributed to such accounts. Limits contributions to such accounts to the lesser of $2,000, or compensation includible in an individual's gross income for a taxable year ($4,000 in the case of certain married individuals). Provides an inflation adjustment on such amounts. Permits contributions to be made after age 70.5. Excludes distributions from such accounts from gross income and makes the penalty on early distributions inapplicable. Designates qualified distributions as those: (1) made after the individual attains age 59.5; (2) made to a beneficiary on or after the death of the individual; (3) attributable to the individual being disabled; and (4) qualified as special purpose distributions. Prohibits qualified distributions from being made within the five-year period since the account began. Describes special purpose distributions as those for: (1) qualified first-time homebuyers; (2) qualified higher education expenses; and (3) qualified medical expenses, including long-term care insurance.
United States · United States Congress · 4 January 1995
TABLE OF CONTENTS: Title I: Civil Justice Reform Title II: Reform of Private Securities Litigation Common Sense Legal Reforms Act of 1995 - Title I: Civil Justice Reform - Amends the Federal judicial code to provide for the award of attorney's fees to the prevailing party in Federal civil diversity litigation. Grants the district court discretion to reduce the amount of such award under special circumstances. (Sec. 102) Amends Rule 702 of the Federal Rules of Evidence to make inadmissible: (l) testimony by a witness in the form of an opinion that is based on scientific knowledge unless the court determines that such opinion is based on scientifically valid reasoning and is sufficiently reliable so that its probative value outweighs specified dangers; and (2) testimony by a witness who is qualified if such witness is entitled to receive any compensation contingent on the legal disposition of any claim with respect to which such testimony is offered. (Sec. 103) Sets forth rules governing any product liability action brought in State or Federal court against a manufacturer or seller of a product on any theory for harm caused by the product which shall supersede State law only to the extent that State law applies to an issue covered by this section. Specifies that any issue not covered by this section shall be governed by otherwise applicable State or Federal law. Makes a product seller liable to a claimant for harm only if the claimant establishes that: (1) the product which allegedly caused the harm complained of was sold by the product seller, the product seller failed to exercise reasonable care with respect to the product, and such failure to exercise reasonable care was a proximate cause of the claimant's harm; (2) the seller made an express warranty applicable to the product which allegedly caused such harm, independent of any express warranty made by the manufacturer as to the same product, the product failed to conform to the warranty, and the failure of the product to conform caused the claimant's harm; or (3) the seller engaged in intentional wrongdoing as determined under applicable State law and such intentional wrongdoing was a proximate cause of the harm. Makes an exception where: (1) the manufacturer is not subject to service of process under the laws of the State in which the claimant brings the action; or (2) the court determines that the claimant would be unable to enforce a judgment against the manufacturer. Permits the award of punitive damages against a manufacturer or product seller, to the extent permitted by applicable State law, if the claimant establishes by clear and convincing evidence that the harm suffered was the result of conduct manifesting actual malice. Limits the amount of such damages to three times the amount awarded to the claimant for the economic injury on which such claim is based or $250,000, whichever is greater. Specifies that the liability of each manufacturer or seller of the product involved in the action shall be several only and not joint for non-economic damages. Makes the manufacturer or seller liable only for the amount of non-economic damages allocated in direct proportion to such manufacturer's or seller's percentage of responsibility as determined by the trier of fact. (Sec. 104) Expresses the sense of the Congress that each State should require each attorney admitted to practice law in such State to disclose in writing to any client with whom such attorney has entered into a contingency fee agreement: (1) the actual services performed for such client in connection with such agreement; and (2) the precise number of hours actually expended by such attorney in the performance of such services. Amends Rule 11(c) of the Federal Rules of Civil Procedure to require (currently, allow) the court to impose an appropriate sanction upon an attorney, law firm, or party that has made specified representations to the court (e.g., a representation intended to harass, cause unnecessary delay, increase the cost of litigation, or present frivolous arguments) to compensate the parties injured by the conduct. (Sec. 105) Amends the Federal judicial code to require a district court to dismiss a civil action, without prejudice, if: (1) not later than 60 days after such action is commenced, the defendant files a motion to dismiss on the basis that the plaintiff failed to transmit a written statement specifying the particular claims alleged and the amount of damages claimed to the defendant at least 30 days before commencing such action; and (2) the plaintiff fails to establish that before commencing such action the plaintiff complied with such requirement. Sets forth provisions regarding: (1) exceptions (e.g., any civil action to seize or forfeit assets subject to forfeiture and actions where the defendant is likely to flee); and (2) the statute of limitations. (Sec. 106) Revises rule XI of the Rules of the House of Representatives to require each committee report on a bill or joint resolution (bill) of a public character to include: (1) whether that bill preempts the law of any State; (2) the retroactive applicability, if any, of that bill; (3) whether that bill creates a private cause of action and, if so, a description of the relief and the terms and conditions for awarding any attorney fees; and (4) the applicability, if any, of that bill to the Federal Government or any of its agencies or instrumentalities. (Sec. 107) Amends the Racketeer Influenced and Corrupt Organizations Act to prohibit any person from bringing an action under such Act for damages based on injury to that person's business or property if the racketeering activity involves conduct actionable as fraud in the purchase or sale of securities. Title II: Reform of Private Securities Litigation - Securities Litigation Reform Act - Amends the Securities Exchange Act of 1934, with respect to class actions, to require a court-appointed class action steering committee (composed of class members), or, in the absence of such a committee, a guardian ad litem, to direct counsel for the plaintiff class. (Sec. 202) Sets forth disclosure guidelines for any proposed settlement agreement that is disseminated to the plaintiff class, including: (1) a statement about agreement or disagreement on the amount of damages and the likelihood of the plaintiff's prevailing; (2) the amount of legal costs and fees sought as part of the settlement; and (3) the identification of lawyers' representatives who will be available to answer questions from class members. Prohibits the use of disgorgement funds resulting from actions brought by the Securities Exchange Commission (the Commission) to pay legal expenses incurred by private parties seeking distribution of such funds. (Sec. 203) Declares that the portion of any final judgment or settlement awarded to class plaintiffs serving as the representative parties shall be equal (on a per share basis) to the portion of the final judgment awarded to all other members of the class. Revises the guidelines for private class action suits to: (1) require named plaintiffs to own, in the aggregate, at least $10,000 (market value) in the class of securities concerned, or one percent of that class, whichever is lesser; (2) restrict to five the number of class actions filed by a named plaintiff during any three-year period; (3) subject a losing party litigant to liability for the prevailing party's legal fees; (4) require the court to make a conflict of interest determination with respect to a plaintiff's counsel with a beneficial interest in the securities that are the subject of the litigation; (5) discharge from all claims for contribution by nonsettling persons a defendant who settles before verdict or judgment; (6) provide for recovery of contribution by a person who becomes liable for damages from certain non-parties who would have been liable for the same damages, if joined in the original suit; and (7) grant defendants the right to special verdicts establishing scienter (state of mind). Prohibits brokers or dealers from soliciting or accepting referral fees from an attorney for obtaining the representation of a customer in any private action. (Sec. 204) Delineates the requirements for securities fraud actions, including: (1) explicit pleading and proof of scienter; (2) plaintiff's reliance on a material misstatement or omission that proximately caused the plaintiff's loss; and (3) limitations on damages. (Sec. 205) Directs the Commission to: (1) re-examine the regulatory and judicial framework with respect to predictive statements concerning the future economic performance of an issuer of securities ("forward-looking statements"); (2) create clear and objective criteria ("safe harbor" rules), sufficient to protect investors, by which forward-looking statements will be deemed not to violate such Act; and (3) prescribe procedures for timely court dismissal of claims against securities issuers based on such statements. (Sec. 206) Prescribes procedural guidelines for alternative dispute resolution of private actions, especially class actions.
United States · United States Congress · 4 January 1995
Amends the Internal Revenue Code to extend the special rules for the deduction of health insurance costs of self-employed individuals until December 31, 1995.
United States · United States Congress · 4 January 1995
Provides that any amount remaining in an official allowance of a Member of the House of Representatives at the end of the session of Congress or other period for which the allowance is made available shall be returned to the Treasury to be used for deficit reduction.
United States · United States Congress · 4 January 1995
COLA Equity Act - Amends the Omnibus Budget Reconciliation Act of 1993 to: (1) provide that the initial month for which a cost of living increase in military retired pay that becomes effective on December 1 of 1993, 1994, or 1995 is payable shall be March (currently, September) of the following year for persons who first became a member of a uniformed service before August 1, 1986; and (2) provide that such special rule shall apply only through FY 1996 (currently, FY 1998).
United States · United States Congress · 4 January 1995
Subsidy Termination for Overdue Payments Act of 1995 - Prohibits a Federal agency or instrumentality from providing financial assistance, with specified exceptions, without certification that the applicant is: (1) not more than 60 days delinquent in the payment of a child support payment order; or (2) in compliance, if so delinquent, with an agreement regarding support collection with the person to whom payment is to be made or a State providing collection services to that person.
United States · United States Congress · 4 January 1995
Authorizes the heads of designated Federal agencies to use up to 50 percent of unobligated funds for administrative expenses for bonuses to personnel, with the remainder to be deposited in the general fund of the Treasury and used exclusively for deficit reduction. Requires the Director of the Office of Management and Budget to designate such agencies and to report annually to the Congress on the effectiveness of this Act in reducing the deficit.
United States · United States Congress · 4 January 1995
Freedom from Government Competition Act of 1995 - Requires Federal agencies to obtain all goods and services necessary for or beneficial to the accomplishment of their authorized functions by procurement from private sources, unless: (1) the goods or services are required by law to be produced or performed, respectively, by the agency; or (2) the head of the agency determines and certifies to the Congress that Government production, manufacture, or provision of a good or service is necessary for national defense, that a good or service is so inherently governmental in nature that it is in the public interest to require production or performance by a Government employee, or that there is no private source capable of providing the good or service. Requires the Director of the Office of Management and Budget to study and report to the Congress on: (1) agency activities which are inconsistent with such requirements; and (2) a schedule for transferring such activities to the private sector.
United States · United States Congress · 4 January 1995
Employee Educational Assistance Act of 1995 - Amends the Internal Revenue Code to make permanent the income tax exclusion of amounts paid under employee educational assistance programs.
United States · United States Congress · 4 January 1995
Amends the Internal Revenue Code to allow taxpayers primarily engaged in a farming-related business an investment tax credit for a percentage of: (1) the costs of agricultural environmental property; and (2) the amount allowed as a deduction for soil and water conservation expenditures.
United States · United States Congress · 4 January 1995
Amends the Internal Revenue Code to allow the deduction for home office expenses if a portion of a dwelling unit is used as the sole fixed location of business for a taxpayer who has no other fixed location of business, regardless of: (1) the amount of time or type of work performed in such location; or (2) the proportion of the total income from the business attributable to such location.
United States · United States Congress · 4 January 1995
Constitutional Amendment - Requires the Congress, prior to each fiscal year, to adopt a statement in which total Federal outlays do not exceed total receipts, unless a three-fifths vote of both Houses authorizes a specific excess. Prohibits a bill to increase receipts from becoming law unless approved by a three-fifths majority in each House. Directs the President to submit a balanced budget. Sets a permanent limit on the amount of Federal public debt, prohibiting any increase unless legislation enacted by a three-fifths majority of both Houses become law. Requires roll call votes in the House and Senate under this amendment.
United States · United States Congress · 4 January 1995
TABLE OF CONTENTS: Title I: Reducing Illegitimacy Title II: Requiring Work Title III: Capping the Aggregate Growth of Welfare Spending Title IV: Restricting Welfare for Aliens Title V: Consolidating Food Assistance Programs Title VI: Expanding Statutory Flexibility of States Title VII: Drug Testing for Welfare Recipients Title VIII: Effective Date Personal Responsibility Act of 1995 - Title I: Reducing Illegitimacy - Expresses the sense of the Congress with regard to the importance of marriage as a social institution and the negative consequences of out-of-wedlock births, declaring that the reduction of such births is an important government interest. (Sec. 101) Amends parts A (Aid to Families with Dependent Children) (AFDC), D (Child Support and Establishment of Paternity), and E (Foster Care and Adoption Assistance) of title IV of the Social Security Act (SSA) to generally deny AFDC to families on whose behalf an AFDC application is made after the effective date of this title for a dependent child whose paternity has not been established, unless the child was conceived through rape or incest, or efforts to establish paternity would result in physical danger to the child or relative claiming such aid. Allows AFDC payments if such relative alleges that any of up to three named individuals may have fathered the child, provides their addresses, and the State has not disproved the allegation. States that denial of AFDC benefits shall have no effect on the family's eligibility for Medicaid and foster care and adoption assistance. (Sec. 102) Requires unwed mothers under age 19 to live at home or in another adult-supervised living arrangement in order to receive AFDC. (Sec. 103) Requires State officers or employees, as soon as they become aware, in the performance of official duties, of a pregnant, unmarried individual, to warn the individual of ineligibility for State aid unless she informs the State of the prospective father's identity and cooperates in establishing the child's paternity. Calls for States to: (1) develop procedures in public hospitals and clinics to facilitate the acknowledgement of paternity; and (2) establish legal procedures that permit the establishment of paternity as quickly and easily as possible. (Sec. 104) Increases the State paternity establishment percentage. (Sec. 105) Denies, generally, AFDC to a child born out-of-wedlock on or after the effective date of this title to an individual under age 18 unless afterwards such individual marries the biological father, or the biological parent with legal custody of the child marries an individual who legally adopts the child. Preserves the family's eligibility for Medicaid and foster care and adoption assistance despite reduction or denial of AFDC. (Sec. 106) Denies AFDC with respect to additional children born on or after the effective date of this title to an AFDC recipient or to an individual who received AFDC at any time during the ten-month period ending with the birth of the child, unless the recipient or individual was pregnant with the child when applying for AFDC. Preserves the family's eligibility for Medicaid and foster care and adoption assistance despite reduction or denial of AFDC. (Sec. 107) Gives States the option of denying AFDC (but without effect on eligibility for Medicaid and foster care and adoption assistance) to individuals aged 18, 19, or 20 who have a child out-of- wedlock after the effective date of this title, as well as to an out- of-wedlock child of such an individual, unless, after the child's birth, such individual marries the biological father, the biological parent with legal custody of the child marries an individual who legally adopts the child, or the individual is the biological and custodial parent of another child not born out-of-wedlock. Allows States the option of denying housing benefits to the same individuals unless the same conditions are met, or Federal housing assistance eligibility is based on any household member's disability or handicap of a household member. (Sec. 108) Adds under SSA title IV a new part C (Grants for Assistance to Children Born Out-of-Wedlock) for giving qualified States the flexibility and resources necessary to provide appropriate non-abortion related services and activities to discourage out-of- wedlock births and to care for children born out-of-wedlock through such initiatives as promoting adoption and establishing and operating group homes and orphanages. Requires the Comptroller General to report to the Congress on whether illegitimacy rates have changed as a result of this Act, and on State efforts under such new grant program. (Sec. 109) Prohibits any agency or entity that receives Federal assistance, and is involved in adoption or foster care placements, from: (1) denying to any person the opportunity to become an adoptive or a foster parent on the basis of the race, color, or national origin of the person, or of the child, involved; and (2) delaying or denying the placement of a child for adoption or into foster care, or otherwise discriminating in making a placement decision on such basis. Title II: Requiring Work - Amends SSA title IV part A to require State AFDC plans to require AFDC recipients to participate for a certain number of hours per week in a work supplementation or community work experience program under SSA title IV part F (Job Opportunities and Basic Skills Training Program), or in any other work program established by the State and, under certain circumstances, in job search activities in order to move adult welfare recipients from welfare dependency to paid employment as quickly as possible. (Sec. 202) Provides for a reduction in AFDC in cases of noncompliance with work requirements, and for eventual termination of AFDC for repeated noncompliance. Terminates AFDC to any adult recipient after five years. Grants States the option of terminating AFDC after two years. Makes various specified changes relating to unemployed parents, with the option to limit the AFDC-UP program extended to all States. Eliminates certain JOBS program rules. Expresses the sense of the Congress that each State that operates an AFDC program is encouraged to assign the highest priority to requiring families that include older preschool or school-age children to participate in a work program. (Sec. 203) Revises work supplementation program provisions, among other changes, giving States the authority to use sums that would otherwise be expended for food stamp benefits to provide subsidized jobs for participants. (Sec. 204) Provides for payments to States for certain individuals receiving State food assistance who perform work on behalf of the State or a political subdivision through a work program. Title III: Capping the Aggregate Growth of Welfare Spending - Limits the total amount of Federal spending for AFDC, supplemental security income (SSI), housing aid, and other specified welfare programs beginning in FY 1996 to the total amount of Federal spending for the preceding fiscal year on those programs, adjusted for inflation and change of the poverty population. (Sec. 301) Requires: (1) the joint explanatory statement accompanying a conference report on a budget resolution to include allocations to each committee based on such spending cap; and (2) reconciliation directives to specify reductions for each committee necessary to comply with such caps. (Sec. 302) Terminates all entitlements of individuals to benefits, and of States to payments, under SSA's AFDC, child support enforcement, and SSI programs effective October 1, 1995. (Sec. 303) Requires all savings from welfare spending limits to be used for deficit reduction. Title IV: Restricting Welfare for Aliens - Makes aliens (with exceptions for refugees, elderly lawful residents, and current eligible residents) ineligible for specified public assistance programs, except for emergency medical services. (Sec. 402) Amends SSA title IV part A to require State AFDC agencies to provide the Immigration and Naturalization Service with information on illegal aliens. Title V: Consolidating Food Assistance Programs - Repeals the Food Stamp Act of 1977, the Child Nutrition Act of 1966, the Emergency Food Assistance Act of 1983, the Hunger Prevention Act of 1988, the National School Lunch Act, the Commodity Distribution Reform Act and WIC Amendments of 1987, and other specified Federal laws and replaces them with a: (1) State food assistance block grant program to provide food assistance to economically disadvantaged individuals and families; and (2) new food coupon program. (Sec. 503) Authorizes the Secretary and the Commodity Credit Corporation to sell surplus commodities and foodstuffs to the States to provide food assistance to eligible populations. Title VI: Expanding Statutory Flexibility of States - Amends SSA title IV part A to grant States the option of: (1) converting their AFDC payments into a fixed annual block grant; (2) treating new residents under the rules of the former State; (3) reducing AFDC payments for parents under age 21 who have not completed high school or earned their high school equivalency; (4) providing for a married couple transition benefit under certain conditions; (5) disregarding income and resources designated for education, training, and employability, or related to self-employment; and (6) requiring attendance at parenting and money management classes, and prior approval of any action that would result in a change of school for a dependent child. Title VII: Drug Testing for Welfare Recipients - Amends SSA title IV part A to require AFDC recipients to undergo necessary substance abuse treatment as a condition of receiving AFDC. Title VIII: Effective Date - Sets forth the effective date of this Act.
United States · United States Congress · 4 January 1995
TABLE OF CONTENTS: Title I: Social Security Earnings Test Title II: Repeal of Increase in Tax on Social Security Benefits Title III: Treatment of Long-Term Care Title IV: Senior Citizen Communities Senior Citizens' Equity Act - Title I: Social Security Earnings Test - Amends title II (Old-Age, Survivors and Disability Insurance) (OASDI) of the Social Security Act to increase the monthly exempt amount, under the earnings test, for individuals who have attained retirement age. Sets forth a schedule of monthly adjustments increasing from $1,250 for taxable year 1996 to $2,500 for taxable year 2000 (amounting, by the year 2000, to an annual exempt amount of $30,000 such individuals may earn before being subject to benefit reductions). Title II: Repeal of Increase in Tax on Social Security Benefits - Amends the Internal Revenue Code to schedule from 1996 through 2000 a reduction from 85 percent to 50 percent the amount of Social Security benefits on which beneficiaries earning more than $34,000 annually ($44,000 for couples) are liable for income tax. Title III: Treatment of Long-Term Care - Amends the Internal Revenue Code to treat a long-term care insurance contract as an accident or health insurance contract. (Sec. 301) Restricts the meaning of long-term care insurance contract to a guaranteed renewable contract without cash surrender value: (1) covering only qualified long-term care services and benefits incidental to such coverage; (2) excluding expenses for services or items reimbursable under Medicare (except where Medicare is a secondary payor); and (3) applying all premium refunds and all policyholder dividends or similar amounts to reduce future premiums or increase future benefits. Limits qualified long-term care services to necessary diagnostic, preventive, therapeutic, and rehabilitative services, as well as maintenance or personal care services prescribed by a licensed health care practitioner for a chronically ill individual in a qualified facility who is unable to perform (without substantial assistance from another individual) at least two activities of daily living (including walking or wheeling, dressing, toileting and bathing, transferring in and out of a bed or chair, and eating). Makes an individual's home a qualified facility if a licensed health care practitioner certifies that without home care the individual would have to be cared for in a State-licensed or Medicare- or Medicaid-certified nursing, rehabilitative, hospice, or adult day care facility. Treats as a separate contract subject to this Act, unless the Secretary provides otherwise in regulations, any rider on a life insurance contract that covers long-term care insurance. Includes in gross income the aggregate amount of benefits received under a long-term care insurance contract that exceeds $200 for any day (adjusted for inflation). Prescribes a one-year full preliminary term method as the method, in the case of any long-term care insurance contract, for computing reserves for the purposes of determining the taxable income of life insurance companies. Declares that a health care plan shall not be subjected to an excise tax for failure to satisfy continuation coverage requirements solely by reason of failing to provide coverage under any long-term care insurance contract. (Sec. 302) Excludes from gross income any benefits (not in excess of $200 per day) received under a long-term care insurance contract, including employer-provided coverage under such a contract. (Sec. 303) Allows an income tax deduction for qualified long-term care services, subject to specified limits. (Sec. 304) Treats as a nontaxable exchange the exchange of a contract of life insurance or an endowment or annuity contract for a long-term care insurance contract. (Sec. 305) Reduces any amounts includible in gross income by reason of distributions from individual retirement plans or 401(k) plans by the aggregate premiums paid by an individual for any long- term care insurance contract for the benefit of such individual or his or her spouse. (Sec. 306) Excludes from gross income accelerated death benefits paid from life insurance policies for individuals who are terminally ill or permanently confined to a nursing home. (Sec. 307) Provides for: (1) continuation of long-term care insurance policies existing before January 1, 1996, which meet State insurance requirements; and (2) nonrecognition of gain or loss in the exchange, before January 1, 1996, of existing policies for policies under this Act, except to the extent of any money or property received in addition to a long-term care insurance contract. Requires the Secretary of the Treasury to report to the Congress on the Department of the Treasury's interpretation of the tax treatment of contracts which provide long-term care services but which are not long-term care insurance contracts under this Act. Title IV: Senior Citizen Communities - Amends the Fair Housing Act with respect to the exemption for housing for older persons from the prohibition against discrimination based on familial status. Revises the definition of housing for older persons to repeal the requirement that such housing possess significant facilities and services specifically designed to meet the physical or social needs of older persons. (Sec. 402) Declares that an individual who engages in conduct with a reasonable good faith reliance on the existence of such exemption is not personally liable for money damages for a violation of such Act that the exemption would have vitiated. Presumes such good faith reliance of a person engaged in the business of residential real estate transactions if: (1) he or she has no actual knowledge that the facility or community is or will be ineligible for such exemption; and (2) the facility or community gives him or her a written certification stating its compliance with the requirements for such exemption.
United States · United States Congress · 4 January 1995
Constitutional Amendment - Provides that no person who has been elected to the Senate two times shall be eligible for election or appointment to the Senate. Provides that no person who has been elected to the House of Representatives six times shall be eligible for election to the House.
United States · United States Congress · 4 January 1995
Constitutional Amendment - Provides for staggered four-year terms for Members of the House of Representatives. Prohibits persons from being elected to the House more than four times or more than three times to four-year terms. Prohibits persons from being elected to the Senate more than twice.
United States · United States Congress · 4 January 1995
TABLE OF CONTENTS: Title I: Adoption Assistance Title II: Eldercare Assistance Title III: Child Protection Title IV: Family Privacy Protection Title V: Child Support Enforcement Family Reinforcement Act - Title I: Adoption Assistance - Amends the Internal Revenue Code to allow an income tax credit for up to $5,000 of qualified adoption expenses paid or incurred by the taxpayer during the taxable year. Sets forth a formula for reduction of such credit for taxpayers whose adjusted gross income exceeds $60,000. Denies such a credit for any expense for which a deduction or credit is allowable under another Code provision. (Sec. 101) Defines "qualified adoption expenses" as reasonable and necessary adoption fees, court costs, attorney's fees, and other lawful expenses directly related to legal adoption of a child, but not any expenses paid from any funds received under a Federal, State, or local program. Disqualifies for such a credit any expenses in connection with the adoption of a child of the taxpayer's spouse. Title II: Eldercare Assistance - Allows an individual taxpayer an income tax credit of $500 for each member of the household maintained by the taxpayer who: (1) is the taxpayer's, or taxpayer's spouse's, parent or stepparent; (2) is certified by a physician as unable to perform (without substantial assistance from another individual) at least two activities of daily living (bathing, dressing, toileting, transferring in and out of a bed or chair, and eating), or has a similar level of disability due to cognitive impairment; and (3) has the taxpayer's home as his or her principal place of abode for more than half the taxable year. Title III: Child Protection - Directs the United States Sentencing Commission to amend the sentencing guidelines with respect to the sexual exploitation and abuse of children to increase the offense level by two levels if a computer was used in the transportation or shipment of a visual depiction of the child. (Sec. 302) Establishes a mandatory minimum sentence of three years for transporting an individual under 18 years of age for prostitution purposes. (Sec. 303) Directs the United States Sentencing Commission to amend the sentencing guidelines with respect to the transporting of an individual under 18 years of age for prostitution purposes. Requires such guidelines to assure that an increase in the age of the child who is the victim of the offense does not result in a lighter punishment. (Sec. 304) Requires: (1) a minimum three-year imprisonment for sexual abuse of a minor; and (2) a minimum three-year to maximum 15- year imprisonment for sexual abuse of a ward. Title IV: Family Privacy Protection - Declares that no program or activity funded wholly or partially by any Federal department or agency shall require a minor to submit without written parental or guardian consent (or, if the minor is emancipated, without the minor's own prior consent) to a survey, analysis, or evaluation that reveals information concerning: (1) parental political affiliations; (2) potentially embarrassing mental or psychological problems; (3) sexual behavior or attitudes; (4) illegal, anti-social, self-incriminating, or demeaning behavior; (5) appraisals of other individuals with whom the minor has a familial relationship; (6) relationships legally recognized as privileged, such as those with lawyers, physicians, and clergy; (7) the minor's household income (except as required by law to determine eligibility for participation in a program or for receipt of program financial assistance); or (8) religious beliefs. Exempts from this prohibition tests intended to measure academic performance, except as they would require information listed in (1) through (6). Prescribes agency notice requirements. Title V: Child Support Enforcement - Amends the Federal judicial code to require the appropriate authorities of every State to enforce child support orders of another State without modification. (Sec. 502) Amends part D (Child Support and Establishment of Paternity) of title IV of the Social Security Act to require a specified designee of the Secretary of Health and Human Services to develop, in conjunction with State executive and judicial organizations, a uniform abstract of a child support order, for use by all State courts to record specified terms in each child support order. (Sec. 503) Directs States to enact procedures subjecting noncustodial parents with certain child support arrearages with respect to a child receiving Aid to Families With Dependent Children (AFDC) to civil penalties and job search and work program participation requirements until such arrearages are reduced by a specified percentage.
United States · United States Congress · 4 January 1995
TABLE OF CONTENTS: Title I: Findings, Policy, and Purposes Title II: Missile Defense Title III: Revitalization of National Security Commission Title IV: Command of United States Forces Title V: United Nations Title VI: Revitalization and Expansion of the North Atlantic Treaty Organization Title VII: Budget Firewalls National Security Revitalization Act - Title I: Findings, Policy, and Purposes - Sets forth as purposes of this Act: (1) to establish a commission to reassess U.S. military needs and reverse the decline in defense spending; (2) to commit to acceleration of the development and deployment of theater and national ballistic missile defense capabilities; (3) to restrict deployment of U.S. forces to missions that are in the national interest; (4) to maintain U.S. command of U.S. forces participating in United Nations (UN) peacekeeping operations and to reduce the cost to the United States of such operations; and (5) to reemphasize the U.S. commitment to the North Atlantic Treaty Organization (NATO). Title II: Missile Defense - Directs the Secretary of Defense (Secretary) to: (1) develop for deployment at the earliest possible date a cost- and operationally-effective antiballistic missile system to protect the United States against ballistic missile attacks; and (2) develop for expeditious deployment advanced theater missile defense systems. Requires a plan with respect to the deployment of such systems to be submitted to specified congressional committees within 60 days after enactment of this Act. Title III: Revitalization of National Security Commission - Establishes the Revitalization of National Security Commission to conduct a comprehensive review of the long-term U.S. national security needs. Requires an interim and final report from the Commission to designated congressional committees on its assessments and recommendations. Provides funding. Title IV: Command of United States Forces - Prohibits funds made available to the Department of Defense (DOD) from being obligated or expended for activities of any element of the armed forces that after the date of enactment of this Act is placed under the command or operational control of a foreign national acting on behalf of the UN for international peacekeeping or peace enforcement purposes. Waives such prohibition if the President, at least 15 days in advance, certifies to the Congress that such command or control is necessary to protect U.S. national security interests. Allows the President, in emergency situations, to allow such foreign command or control without the advance notification, but requires congressional notification within 48 hours after such action. Outlines certification requirements. Waives all such requirements when less than 50 members of U.S. armed forces are involved. Requires the President to submit to the Congress a memorandum of legal points and authorities explaining why the foreign placement of U.S. military personnel does not violate the Constitution. Excepts ongoing operations in Macedonia from the above requirements. (Sec. 402) Amends the United Nations Participation Act of 1945 (the Act) to require approval by the Congress, by law, of any presidential action taken which makes available to the UN Security Council, or a foreign national acting on behalf of the UN, U.S. armed forces for international peace and security activities. Provides exceptions: (l) in the case of presidential certifications, as above; and (2) when such action is authorized by law. Outlines certification requirements and provides an exception for: (1) actions requiring less than 50 U.S. military personnel; and (2) ongoing operations in Macedonia. Requires the President to submit to the Congress the same legal memorandum as required above. Title V: United Nations - Amends the Act to specifically limit the U.S. assessment for UN expenditures in support of international peacekeeping operations. Requires crediting for the United States by the UN for the costs of U.S. support for, or participation in, such activities. Directs the President to annually submit to designated congressional committees a report on the total amount of any fiscal year's national defense funds that are expended to support such activities. (Sec. 502) Codifies within the Act specified provisions of the Foreign Relations Authorization Act, Fiscal Years 1994 and 1995, concerning the required notification to the Congress of proposed UN peacekeeping activities. Requires within such notification a description of any uncovered U.S. assistance to or support for such activities. Defines a new UN peacekeeping operation as one to be expanded by more than 25 percent during the period covered, or one to be authorized to operate in a country in which it was not previously authorized. (Sec. 503) Requires presidential notification to designated congressional committees within 15 days: (1) after receipt by the United States of a billing request from the UN for the U.S. contribution toward UN peacekeeping activities; or (2) before the U.S. obligates funds for such contributions (except for emergencies, in which case notification is required within 48 hours of such obligation). (Sec. 504) Requires, in a report required under the Act, a description of the anticipated budget for the next fiscal year for U.S. participation in UN peacekeeping activities. (Sec. 506) Authorizes the Secretary, in emergency circumstances, to waive the requirement for reimbursement to the United States for in-kind contributions to UN peacekeeping activities. Requires appropriate notification to the designated congressional committees. Directs the Secretary of State to ensure that U.S. goods provided by DOD on a reimbursable basis for UN peacekeeping activities are reimbursed at the appropriate value. Directs the U.S. Permanent Representative to the UN to report to the designated congressional committees on all U.S. action taken to achieve such objectives. (Sec. 507) Prohibits appropriated funds from being used in any fiscal year to pay any U.S. assessed or voluntary contribution for UN peacekeeping activities until the Secretary certifies to the Congress that the UN has reimbursed DOD directly for all goods and services provided during the previous fiscal year for such activities. (Sec. 508) States that, beginning October 1, 1995, funds made available to DOD shall be available for UN peacekeeping activities or their related incremental costs only to the extent that the Congress has by law specifically made those funds available for such purpose. (Sec. 509) Codifies within the Act a specified provision which limits the use of funds authorized for Contributions for International Peacekeeping Activities for payment of the U.S. assessed contribution for a UN peacekeeping operation to 25 percent of the total amount of all assessed contributions for such operation. (Sec. 510) Prohibits funds from being obligated or expended for U.S. contributions to UN peacekeeping activities unless the Secretary of State determines and certifies to the designated congressional committees that U.S. manufacturers and suppliers are being given opportunities equal to foreign manufacturers and suppliers to provide equipment, material, and services for such activities. (Sec. 511) Withholds specified percentages of U.S. assessed and voluntary contributions toward UN peacekeeping activities until receipt by the Congress of a certification by the President that the UN, through its Office of Inspector General, has undertaken certain prescribed activities with respect to a financial and management accounting of UN peacekeeping activities. (Sec. 512) Authorizes the United States to provide intelligence to the UN only pursuant to a written agreement between the President and the UN's Secretary General specifying the types of and circumstances for such intelligence and the procedures to be observed by the UN with respect to access and disclosure of the intelligence. Requires advance notification (30 days) to the Congress before such an agreement will be considered effective. Provides exceptions. Title VI: Revitalization and Expansion of the North Atlantic Treaty Organization - NATO Revitalization and Expansion Act of 1995 - Declares that it should be U.S. policy: (1) to continue the commitment to an active leadership role in NATO; (2) to join with NATO allies to redefine the role of the alliance in the post-Cold War world, taking into account specified factors; (3) to affirm that NATO military planning should include joint military operations beyond the geographic bounds of the alliance under the North Atlantic Treaty when the shared interests of the United States and other member countries require such actions to defend vital interests; (4) that Poland, Hungary, the Czech Republic and Slovakia should be permitted to join NATO by January 10, 1999, as long as each such country meets specified standards and undertakes certain commitments; (5) that the United States and other NATO member nations should furnish appropriate assistance to enable such countries to achieve membership by such date; and (6) that other European countries, particularly the Baltic states and Ukraine, may be in a position to achieve NATO membership at a future date. (Sec. 604) Directs the President to establish a program to assist the transition to full NATO membership of Poland, Hungary, the Czech Republic, Slovakia, and any other European country emerging from communist domination that is designated by the President. Outlines types of assistance to be provided. Requires annual reports from the President to the appropriate congressional committees on the progress made in implementing this section. Title VII: Budget Firewalls - Expresses the sense of the Congress that so-called "budget firewalls" between defense and domestic discretionary spending should be established for each of FY 1996 through 1998.
United States · United States Congress · 4 January 1995
Taxpayer Debt Buy-Down Act - Amends the Internal Revenue Code to allow individuals with adjusted income tax liability to designate on their tax returns that a portion of such liability (not to exceed ten percent) be used to reduce the public debt. Establishes a Public Debt Reduction Trust Fund for the deposit of designated amounts. Makes amounts in such Trust Fund available only to pay at maturity, or to redeem or buy before maturity, any obligation of the Federal Government included in the public debt (other than an obligation of the Federal Old-Age and Survivors Insurance Trust Fund, the Civil Service Retirement and Disability Fund, or the Department of Defense Military Retirement Fund). Prohibits the reissuance of any obligation which is paid, redeemed, or bought with amounts from the Trust Fund. Amends the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act) to provide for the sequestration of amounts designated to the Trust Fund. Specifies accounts exempt from such sequestration. Includes aggregated amounts designated to the Trust Fund and amounts sequestered to reduce the public debt in sequestration preview and final reports.
United States · United States Congress · 4 January 1995
TABLE OF CONTENTS: Title I: Capital Gains Reform Title II: Neutral Cost Recovery Title III: Risk Assessment and Cost/Benefit Analysis for New Regulations Subtitle A: Risk Assessment and Communication Subtitle B: Analysis of Risk Reduction Benefits and Costs Subtitle C: Peer Review Title IV: Establishment of Federal Regulatory Budget Cost Control Title V: Strengthening of Paperwork Reduction Act Subtitle A: Authorization of Appropriations Subtitle B: Reducing the Burden of Federal Paperwork on the Public Subtitle C: Enhancing Government Responsibility and Accountability for Reducing the Burden of Federal Paperwork Subtitle D: Enhancing Agency Responsibility for Sharing and Disseminating Public Information Subtitle E: Additional Government Information Management Responsibility Subtitle F: Effective Dates Title VI: Strengthening Regulatory Flexibility Title VII: Regulatory Impact Analyses Title VIII: Protection Against Federal Regulatory Abuse Subtitle A: Citizens' Regulatory Bill of Rights Subtitle B: Private Sector Whistleblowers' Protection Title IX: Private Property Rights Protections and Compensation Title X: Establishment of Federal Mandate Budget Cost Control Title XI: Taxpayer Debt Buy-Down Title XII: Small Business Incentives Job Creation and Wage Enhancement Act of 1995 - Tit: I: Capital Gains Reform - Amends the Internal Revenue Code to allow a 50 percent income tax deduction for the net capital gain of both corporate and noncorporate taxpayers. (Sec. 1002) Requires indexing, based on the gross national product deflator, of the adjusted basis of certain assets (corporate stock and tangible property that is a capital asset or property used in a trade or business) that have been held for more than one year at the time of sale or other transfer, solely for the purpose of determining gain or loss. (Sec. 1003) Allows an itemized deduction for losses arising from the sale or exchange of a principal residence. Title: : Neutral Cost Recovery - Allows the depreciation deduction to be computed based on a neutral recovery basis for property placed in service after December 31, 1994. Title III: Risk Assessment and Cost/Benefit Analysis for New Regulations - Subtitle A: Risk Assessment and Communication - Risk Assessment and Communication Act of 1995 - Requires the head of each Federal agency to apply specified principles when preparing risk assessments in order to assure that such assessments and all of their components distinguish scientific findings from other considerations and are scientifically objective, unbiased, and inclusive of all relevant data. (Sec. 3105) Directs such agencies to comply with specified requirements (with respect to risk estimates, exposure scenarios, comparisons, and substitution risks) in characterizing risk in any risk assessment document, regulatory proposal or decision, report to the Congress, or other document which is made available to the public. (Sec. 3106) Requires the President to: (1) issue guidelines, subject to periodic review, consistent with such risk assessment and characterization principles; and (2) provide a format for summarizing risk assessment results. Requires each Federal agency to publish a plan (including procedures for receiving and considering new information and risk assessments from the public) to review and revise any risk assessment published before a certain date if significant new information or methodologies are available that could significantly alter the results of such risk assessment; and evaluate for the Congress certain categories of policy and value judgments. Subtitle B: Analysis of Risk Reduction Benefits and Costs - Directs the President to require each executive agency to prepare specified assessments for each major rule designed to protect human health, safety, or the environment it proposes or promulgates. (Sec. 3201) Requires for any proposed or promulgated rule: (1) assessments of incremental costs and incremental risk reduction or other benefits associated with each significant regulatory alternative (SRA) considered in connection with the rule; (2) comparisons to other selected risks of any human health, safety, or environmental risks addressed by an SRA; and (3) a statement of substitution risks and other human health risks potentially posed by the SRAs. Requires for each final rule: (1) an assessment of the costs and risk reduction or other benefits associated with it, plus a certification that this assessment is based on an objective and unbiased scientific and economic evaluation of all significant and relevant information provided by interested parties; and (2) certain other certifications, including one that no statute-allowed regulatory alternative would achieve an equivalent risk reduction. Requires the head of each agency, for each such major rule, to publish its assessment information in the Federal Register. Subtitle C: Peer Review - Requires: (1) the head of each Federal agency to develop a systematic program meeting specified requirements for peer review of risk and economic assessments used by the agency for regulatory programs addressing human health, safety, or the environment; (2) each Federal agency to provide for peer review of scientific and economic information used for, among other things, evaluating certain risk assessments; and (3) the Director of the Office of Management and Budget (OMB) to order that peer review be provided for any major risk or cost assessment that may have a significant impact on public policy decisions. (Sec. 3301) Requires: (1) each Federal agency head to write a response to all significant peer review comments; and (2) all peer review comments, conclusions, and agency responses to be available to the public and part of the administrative record for judicial review purposes. Directs the President to appoint National Peer Review Panels to review annually all agency risk and cost assessment practices for programs designed to protect human health, safety, or the environment. Title IV: Establishment of Federal Regulatory Budget Cost Control - Amends the Congressional Budget Act of 1974 to require the Office of Management and Budget (OMB) and the Congressional Budget Office (CBO) to jointly report to the President and the Congress on direct costs to the private sector of complying with Federal regulations. Requires such reports to be issued in five-year intervals. Provides for initial and subsequent annual reports to the President and the Congress on an aggregate regulatory baseline which is a project of the aggregate direct cost to the private sector of complying with Federal regulations for budget years and outyears. Requires a concurrent resolution on the budget to include reconciliation directives specifying changes: (1) in laws and regulations necessary to reduce, by specified percentages, such direct costs; and (2) in laws necessary to reduce, by specified percentages, personnel and administrative overhead and to achieve programmatic savings. Provides for the allocation of aggregate two-year regulatory authority among congressional committees. Requires the CBO to submit to the appropriate committees (except the Committees on Appropriations) an analysis of private sector regulatory costs for each public bill or resolution. (Sec. 4002) Requires the President's annual budget submissions to comply with reconciliation directives. (Sec. 4003) Amends the Regulatory Flexibility Act to require Federal agencies to prepare an analysis of the costs that will be incurred by small entities, other businesses, and individuals in complying with proposed agency rules. Title V: Strengthening of Paperwork Reduction Act - Paperwork Reduction Act of 1995 - Subtitle A: Authorization of Appropriations - Amends Federal law to authorize increased appropriations to the Office of Information and Regulatory Affairs (OIRA). Subtitle B: Reducing the Burden of Federal Paperwork on the Public - Amends Federal law to: (1) ensure coverage of all aspects of federally imposed paperwork burdens; and (2) revise provisions on assignment of tasks and deadlines, providing for Government-wide as well as individual agency goals of further reductions in such burdens by five percent increments each fiscal year for five fiscal years. Subtitle C: Enhancing Government Responsibility and Accountability for Reducing the Burden of Federal Paperwork - Amends Federal law with respect to the authority and functions of the OMB Director and public information collection activities, among other changes providing for: (1) procedures under which an agency must estimate the burden of compliance with any proposed collection of information; (2) expedited OMB review of proposed information collection requests; and (3) protection for whistleblowers of unauthorized paperwork burden. (Sec. 5306) Revises public participation requirements with regard to the review of information collections. (Sec. 5307) Provides that upon the request of an agency head, the Director shall approve a proposed change to an existing information collection request within 30 days after receiving it. Subtitle D: Enhancing Agency Responsibility for Sharing and Disseminating Public Information - Gives the Director additional specified functions related to agency dissemination and sharing of public information. (Sec. 5402) Delineates agency responsibilities for sharing and disseminating public information. (Sec. 5403) Abolishes the Federal Information Locator System, replacing it with systems for agency inventory of information dissemination products, available for public access by electronic means at no charge. Subtitle E: Additional Government Information Management Responsibility - Revises the statistical policy and coordination functions of the OMB Director. (Sec. 5503) Requires the Director's annual report to the Congress on Federal information policy coordination activities to include certain additional information, including listings of increases in paperwork burdens. (Sec. 5504) Includes as a new automatic data processing function of the Director developing and annually revising a five-year plan for meeting the automatic data processing equipment and other information technology needs of the Federal Government. Subtitle F: Effective Dates - Sets forth the effective dates for this title. Title VI: Strengthening Regulatory Flexibility - Amends Federal civil service law to repeal the ban on judicial review of regulatory flexibility analyses and other specified applications of such law to agency actions. (Sec. 6002) Requires consideration of direct and indirect effects of rules, as well as transmittal of proposed rules and initial regulatory flexibility analysis to the Chief Counsel for Advocacy of the Small Business Administration for possible reply in the form of a statement of opposition to the proposed rule. (Sec. 6004) Expresses the sense of the Congress that such official should be permitted to appear as amicus curiae in any action or case brought in a U.S. court for the purpose of reviewing a rule. Title VII: Regulatory Impact Analyses - Administrative Procedure Reform Act of 1995 - Amends Federal civil service law to: (1) provide for rulemaking notices for major rules, including a final Regulatory Impact Analysis; (2) add hearing requirements for proposed rules; (3) extend the comments period; and (4) require the head of an agency to publish in the Federal Register responses to comments received regarding the rule. (Sec. 7004) Provides for the general application of Executive Order 12291 (relating to Federal regulation requirements and regulatory impact analysis) to each agency, with each preliminary and final Regulatory Impact Analysis required for a rule under the Order containing specified information in lieu of the information currently required. (Sec. 7005) Prohibits an agency from adopting a major rule unless the final Regulatory Impact Analysis for the rule is approved by the OMB Director or by an individual designated by the Director for that purpose. (Sec. 7006) Prohibits, to the extent practicable, the head of an agency from publishing in the Federal Register any proposed major rule, summary of a proposed major rule, or Regulatory Impact Analysis unless the OMB Director certifies that, among other things, it: (1) is written in a reasonably simple and understandable manner and is easily readable; and (2) provides adequate notice of the content of the rule, summary, or Analysis to affected and interested persons that have some subject matter expertise. (Sec. 7007) Requires the OMB Director to report to the Congress analyses of rulemaking procedures of Federal agencies and their impact on the regulated public and regulatory process. Title VIII: Protection Against Federal Regulatory Abuse - Subtitle A: Citizens' Regulatory Bill of Rights - Grants certain regulatory rights, such as the right to have an attorney or accountant present, to any person who is the target of a Federal investigative or enforcement action upon the initiation of an inspection, investigation, or other official proceeding directed against that person, except in cases where to do so would substantially delay responding to an imminent danger to person or property or substantially or unreasonably impede a criminal investigation. Subtitle B: Private Sector Whistleblowers' Protection - Private Sector Whistleblowers' Protection Act of 1995 - Outlines protection against reprisal through specified prohibited regulatory practices for disclosure of information that any person subject to Federal or certain State regulation believes is indicative of waste, fraud, or abuse. (Sec. 8208) Provides that any person with reason to believe that an agency employee has engaged in a prohibited regulatory practice may request the Special Counsel to investigate. Title IX: Private Property Rights Protections and Compensation - Entitles a private property owner to receive compensation from the United States in accordance with specified guidelines for any agency infringement or deprivation of rights with regard to their property. Prescribes procedures for obtaining such compensation. Title X: Establishment of Federal Mandate Budget Cost Control - Amends the Congressional Budget Act of 1974 to set forth reporting requirements for OMB and CBO with respect to reducing the direct costs to States and local governments of complying with Federal mandates. Requires concurrent resolutions on the budget to provide for such reductions until such costs do not exceed three percent of the estimated gross domestic product for the same fiscal year as the costs will be incurred. Requires CBO to prepare an analysis of mandated costs for States and local governments for each public bill or resolution reported in the Congress (except those from Appropriations Committees). Requires a similar analysis in the President's annual budget submissions. (Sec. 10003) Requires initial regulatory flexibility analyses for proposed rules that establish or implement new Federal mandates to contain a description of the nature and amount of monetary costs to be incurred by State and local governments. Requires Federal agencies to prepare a cost estimate and cost/benefit analysis of such mandates that would cost State and local governments at least $10 million for a fiscal year. Title XI: Taxpayer Debt Buy-Down - Amends the Internal Revenue Code to allow every individual with adjusted income tax liability to designate on their tax returns that a portion of such liability (not to exceed ten percent) be used to reduce the public debt. (Sec. 11002) Establishes a Public Debt Reduction Trust Fund for the deposit of designated amounts. Makes amounts in such Trust Fund available only to pay at maturity, or to redeem or buy before maturity, any obligation of the Federal Government included in the public debt. Prohibits the reissuance of any obligation which is paid, redeemed, or bought with amounts from the Trust Fund. (Sec. 11003) Amends the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act) to provide for the sequestration of amounts designated to the Trust Fund. Specifies accounts exempt from such sequestration. Includes aggregated amounts designated to the Trust Fund and amounts sequestered to reduce the public debt in sequestration preview and final reports. Title XII: Small Business Incentives - Amends the Internal Revenue Code to increase the unified credit against the estate tax and the unified credit against the gift tax and provide a cost-of-living adjustment for such credits. (Sec. 12002) Increases the dollar limitation on the election to expense certain depreciable business assets. (Sec. 12003) Provides qualifications for a home office as a principal place of business for purposes of the deductibility of expenses.
United States · United States Congress · 4 January 1995
TABLE OF CONTENTS: Title I: Effective Death Penalty Subtitle A: Habeas Corpus Reform Subtitle B: Federal Death Penalty Procedures Reform Title II: Deterring Gun Crimes Title III: Mandatory Victim Restitution Title IV: Law Enforcement Block Grants Title V: Truth in Sentencing Grants Title VI: Exclusionary Rule Reform Title VII: Stopping Abusive Prisoner Lawsuits Title VIII: Further Streamlining Deportation of Criminal Aliens Title IX: Amendments to Violent Crime Control and Law Enforcement Act Taking Back Our Streets Act of 1995 - Title I: Effective Death Penalty - Subtitle A: Habeas Corpus Reform - Chapter 1: Post Conviction Petitions: General Habeas Corpus Reform - Amends the Federal judicial code to establish a one-year statute of limitations for habeas corpus actions brought by State prisoners. (Sec. 102) Vests authority to issue certificates of probable cause for appeal of habeas corpus orders exclusively in the courts of appeals. Prohibits an appeal from being taken to the court of appeals from the final order in a habeas corpus proceeding where the detention complained of arises out of process issued by a State court, or from the final order involving a prisoner in Federal custody, unless a circuit justice or judge issues a certificate of probable cause. Authorizes the issuance of such certificate only if the petitioner has made a substantial showing of the denial of a Federal right and if the certificate indicates which specific issues satisfy this standard. (Sec. 104) Permits the denial of a habeas corpus petition on the merits notwithstanding the failure of the applicant to exhaust State court remedies. (Sec. 105) Imposes a two-year period of limitation for filing for collateral relief by Federal prisoners. Chapter 2: Special Procedures for Collateral Proceedings in Capital Cases - Sets forth special habeas corpus procedures in capital cases, including provisions regarding the appointment, and claims of ineffectiveness, of counsel. Specifies that, if a stay of execution has expired, no Federal court thereafter shall have the authority to enter a stay or grant relief in a capital case unless: (1) the basis for the stay and request for relief is a claim not previously presented in the State or Federal courts; (2) the failure to raise the claim is the result of State action in violation of the Constitution or U.S. law or the result of Supreme Court recognition of a new Federal right that is retroactively applicable or is based on a factual predicate that could not have been discovered through the exercise of reasonable diligence in time to present the claim for State or Federal post-conviction review; and (3) the facts underlying the claim would be sufficient to establish by clear and convincing evidence that but for constitutional error no reasonable fact finder would have found the petitioner guilty of the underlying offense or eligible for the death penalty under State law. Denies any Federal district court or appellate judge the authority to enter a stay, issue injunctive relief, or grant any equitable or other relief in a capital case on any successive habeas petition unless the court first determines that the petition or other action does not constitute an abuse of the writ. Permits such determination to be made only by the district judge or appellate panel that adjudicated the merits of the original habeas petition, with an exception. Allows a stay to issue under this provision in the Federal courts of appeal only when a majority of the original panel or of the active judges determines the petition does not constitute an abuse of the writ. Sets forth provisions regarding: (1) filing of habeas corpus petitions; (2) State unitary review procedures; and (3) limitation periods for determining petitions. Specifies that the adjudication of any petition for habeas corpus with respect to State prisoners and of any motion for habeas corpus regarding Federal prisoners by a person under sentence of death shall be given priority by the district court and by the court of appeals over all non-capital matters. Chapter 3: Funding for Litigation of Federal Habeas Corpus Petitions in Capital Cases - Amends the Omnibus Crime Control and Safe Streets Act of 1968 to require the Director of the Bureau of Justice Assistance (BJA) to provide grants to the States to support litigation pertaining to Federal habeas corpus petitions in capital cases. Subtitle B: Federal Death Penalty Procedures Reform - Amends the Violent Crime Control and Law Enforcement Act of 1994 (VCCLEA) to provide that the jury (or if there is no jury, the court), in determining whether a sentence of death is justified, shall: (1) consider whether the aggravating factor or factors found to exist outweigh any mitigating factors; and (2) recommend a death sentence if it unanimously finds at least one aggravating factor and no mitigating factor or if it finds one or more aggravating factors which outweigh any mitigating factors. Directs that the jury be instructed that: (1) it must avoid any influence of sympathy, sentiment, passion, prejudice, or other arbitrary factors in its decision and should make such a recommendation as the information warrants; and (2) its recommendation is to be based on the aggravating factors and any mitigating factors which have been found, but that the final decision concerning the balance of aggravating and mitigating factors is a matter for the jury's judgment. Title II: Deterring Gun Crimes - Amends the Federal criminal code to set mandatory prison terms for carrying, using, or discharging a firearm or destructive device during a State crime that is a serious violent felony or a serious drug offense, except for the conduct of a person in defense of person or property during the course of a crime committed by another unless the person engaged or participated in criminal conduct that gave rise to the criminal conduct of such other individual. Sets forth mandatory penalties for carrying, using, or discharging: (1) a firearm, a short-barreled rifle or shotgun, a semiautomatic assault weapon, or a machine gun or destructive device or firearm equipped with a silencer in relation to a crime of violence or drug trafficking crime for which the person may be prosecuted in Federal court; and (2) a firearm during and in relation to a crime of violence or drug trafficking crime for which the person may be prosecuted in Federal court or a serious violent felony or serious drug offense for which the person may be prosecuted in State court, with respect to a person who has been previously convicted of certain firearms offenses. Prohibits the court from imposing a probationary sentence on any person convicted of a violation of this title or from making a term of imprisonment imposed under this title run concurrently with any other term of imprisonment including that imposed for the crime of violence or drug trafficking crime in which the firearm was used. Title III: Mandatory Victim Restitution - Amends the Federal criminal code to require (current law authorizes) the court to order restitution of the victim when sentencing a defendant convicted of specified offenses, including offenses under the Federal Aviation Act of 1958. Permits the court to order restitution of any person harmed physically, emotionally, or pecuniarily by unlawful conduct of the defendant during the criminal episode during which the offense occurred, or in the course of a scheme, conspiracy, or pattern of unlawful activity related to the offense. Directs the court to: (1) order restitution to a victim in the full amount of the victim's losses without consideration of the economic circumstances of the offender or the fact that a victim has received or is entitled to receive compensation with respect to a loss from insurance or any other source; and (2) specify in the restitution order, upon determination of the amount owed to each victim, the manner in which and the schedule according to which the restitution is to be paid. Specifies that a restitution order: (1) shall constitute a lien against all property of the offender and may be recorded in any Federal or State office for the recording of liens against real or personal property; and (2) may be enforced by the United States and by a victim named in the order in the same manner as a judgment in a civil action. Title IV: Law Enforcement Block Grants - Repeals the Public Safety Partnership and Community Policing Act of 1994 (title I of the VCCLEA), replacing it with a law enforcement block grant program. Requires the Director of BJA to pay to each unit of local government which qualifies for a payment an amount equal to the sum of any amounts allocated to such unit under such title for each payment period. Directs that sums paid to such units be used by such units for reducing crime and improving public safety, including: (1) hiring, training, and employing on a continuing basis new, additional law enforcement officers and necessary support personnel, paying overtime to presently employed officers and personnel, and procuring equipment, technology, and other material directly related to basic law enforcement functions; (2) enhancing school security measures; and (3) establishing crime prevention programs that are organized or supervised by, or involve substantial participation of, law enforcement officials and that are intended to discourage, disrupt, or interfere with the commission of criminal activity. Sets forth provisions regarding: (1) the timing of payments; (2) payment adjustments; (3) repayment of unexpended amounts; (4) qualification for payment; (5) review by governors; (6) sanctions for noncompliance; (7) allocation and distribution of funds; (8) utilization of the private sector; and (9) public participation. Authorizes appropriations. Title V: Truth in Sentencing Grants - Repeals provisions of the VCCLEA regarding violent offender incarceration and truth-in-sentencing incentive grants. Sets forth provisions governing a truth-in-sentencing grant program. Authorizes the Attorney General to provide grants to eligible States and to eligible States organized as regional compacts (States) to build, expand, and operate: (1) space in correctional facilities in order to increase the prison bed capacity for persons convicted of a serious violent felony; and (2) temporary or permanent correctional facilities, including facilities on military bases, for the confinement of convicted nonviolent offenders and criminal aliens for the purpose of freeing suitable existing prison space for persons convicted of a serious violent felony. Directs that 50 percent of the total amount of funds made available under this title for each of FY 1995 through 2000 be available for general eligibility grants and 50 percent for truth-in-sentencing incentive grants for each State that meets the following requirements: (1) for general grants, such State, since 1993, has increased the percentage of convicted violent offenders sentenced to prison and the average prison time and percentage of sentence actually to be served in prison by such offenders; and (2) for sentencing incentive grants, a State submits an application to the Attorney General providing assurances that it has enacted laws and regulations which include truth-in-sentencing laws that require persons convicted of a serious violent felony to serve not less than 85 percent of the sentence imposed or of the court-ordered maximum sentence for States that practice indeterminate sentencing, truth-in-sentencing laws which have been enacted but not yet implemented that require such State, within three years, to provide that persons convicted of such a felony serve not less than 85 percent of the sentence imposed (or of the court-ordered maximum sentence), and laws requiring that the sentencing or releasing authorities notify and allow the defendant's victims or the family of victims the opportunity to be heard regarding the issue of sentencing and any post-conviction release. Sets forth provisions regarding: (1) special rules; (2) the formula for grants; and (3) accountability. Authorizes appropriations. Prohibits the use of funds for other purposes authorized by the VCCLEA in FY 1995 through 1999 unless the truth-in-sentencing programs are fully funded in such years. Title VI: Exclusionary Rule Reform - Amends the Federal criminal code to prohibit, in a proceeding in a court of the United States, the exclusion of evidence on the ground that: (1) the search or seizure was in violation of the Fourth Amendment of the U.S. Constitution if it was carried out in circumstances justifying an objectively reasonable belief that it was in conformity with the Fourth Amendment (makes the fact that evidence was obtained pursuant to and within the scope of a warrant prima facie evidence of the existence of such circumstances); and (2) it was obtained in violation of a statute, administrative rule or regulation, or rule of procedure unless exclusion is expressly authorized by statute or by rule prescribed by the Supreme Court pursuant to statutory authority. Title VII: Stopping Abusive Prisoner Lawsuits - Amends the Civil Rights of Institutionalized Persons Act to prohibit an adult convicted of a crime who is confined in any correctional facility from bringing a civil action for deprivation of rights until such plain, speedy, and effective administrative remedies as are available are exhausted. (Sec. 702) Directs the court, on its own motion or on motion of a party, to dismiss specified actions brought by an adult convicted of a crime and confined in any correctional facility if the court is satisfied that the action fails to state a claim upon which relief can be granted or is frivolous or malicious. (Sec. 703) Repeals a provision of such Act requiring that the minimum standards provide for an advisory role for employees and inmates of a correctional facility in the formulation, implementation, and operation of the system for resolution of inmate grievances. (Sec. 704) Amends the Federal judicial code to require: (1) the court to dismiss a case in a forma pauperis proceeding if the allegation of poverty is untrue or if the action fails to state a claim upon which relief may be granted or is frivolous or malicious, even if partial filing fees have been imposed by the court; (2) a prisoner in a correctional institution who files an affidavit to include a statement of all assets such prisoner possesses; and (3) the court to ask the correctional institution for information relating to the prisoner's assets and to require full or partial payment of filing fees according to the prisoner's ability to pay. Title VIII: Further Streamlining Deportation of Criminal Aliens - Amends the Immigration and Nationality Act to expand the definition of "aggravated felony" to include various offenses such as an offense relating to: (1) commercial bribery, counterfeiting, forgery, or trafficking in vehicles the identification numbers of which have been altered for which a sentence of five years' imprisonment or more may be imposed; (2) perjury or subornation of perjury for which a sentence of five years' imprisonment or more may be imposed; and (3) a failure to appear before a court pursuant to a court order to answer or dispose of a charge of a felony for which a sentence of two years' imprisonment or more may be imposed. (Sec. 802) Authorizes the Attorney General to issue an order of deportation without an administrative hearing or administrative review for any alien who was not lawfully admitted for permanent residence or who had permanent resident status on a conditional basis and whom the Attorney General determines is deportable and has been convicted of an aggravated felony. Prohibits the Attorney General from executing such an order until 14 calendar days from the date the order was issued, unless waived by the alien, to give the alien the opportunity to apply for judicial review. Limits judicial review of such determinations. Provides that an alien convicted of an aggravated felony shall be conclusively presumed to be deportable. (Sec. 803) Restricts defenses to exclusion and deportation for certain aliens convicted of aggravated felonies. (Sec. 804) Limits collateral attacks on deportation orders. (Sec. 805) Directs the Commissioner to operate a criminal alien tracking center. (Sec. 806) Permits the Attorney General to authorize deportation hearings by electronic or telephonic media with the alien's consent or, where waived or agreed to by the parties, in the alien's absence. Title IX: Amendments to Violent Crime Control and Law Enforcement Act - Repeals provisions of the VCCLEA regarding drug courts and crime prevention provisions concerning: (1) the Ounce of Prevention Council; (2) the local crime prevention block grant program; (3) model intensive grant programs; (4) the family and community endeavor schools grant program; (5) assistance for delinquent and at-risk youth; (6) police recruitment; (7) the Local Partnership Act; (8) the National Community Economic Partnership Act; (9) urban recreation and at-risk youth; (10) community-based justice grants for prosecutors; and (11) the Family Unity Demonstration Project Act. Repeals the Violent Offender Incarceration and Truth in Sentencing Incentive Grants program under the VCCLEA.
United States · United States Congress · 4 January 1995
Line Item Veto Act - Grants the President legislative line item veto rescission authority. Authorizes the President to rescind all or part of any discretionary budget authority or veto any targeted tax benefit if the President determines that such rescission: (1) would help reduce the Federal budget deficit; (2) will not impair any essential Government functions; and (3) will not harm the national interest. Requires the President to notify the Congress of such a rescission or veto by special message after enactment of appropriations legislation providing such budget authority or a revenue Act containing a targeted tax benefit. Makes such a rescission effective unless the Congress enacts a rescission disapproval bill. Describes: (1) information to be included in the President's message; and (2) procedures to govern consideration of rescission disapproval legislation in the Senate and the House of Representatives.
United States · United States Congress · 4 January 1995
Constitutional Amendment - Prohibits outlays for a fiscal year (except those for repayment of debt principal) from exceeding total receipts (except those derived from borrowing) for that fiscal year unless the Congress, by a three-fifths roll call vote of each House, authorizes a specific excess of outlays over receipts. Requires a three-fifths roll call vote of each House to increase the public debt. Directs the President to submit a balanced budget to the Congress. Requires the approval of a majority of each House by roll call vote before any bill to increase revenue may become law. Waives these provisions when a declaration of war is in effect. Waives these provisions when the United States is engaged in a military conflict which poses a threat to national security as declared by a joint resolution adopted by a majority of each House.
United States · United States Congress · 4 January 1995
Congressional Accountability Act of 1995 - Applies, by a specified conditional date, provisions of the following laws to the legislative branch: (1) the Fair Labor Standards Act of 1938; (2) title VII of the Civil Rights Act of 1964; (3) the Americans With Disabilities Act of 1990; (4) the Age Discrimination in Employment Act of 1967; (5) titles I and V of the Family and Medical Leave Act of 1993; (6) the Occupational Safety and Health Act of 1970 (OSHA); (7) provisions relating to Federal labor management relations; (8) with the exception of the U.S. Capitol Police, the Employee Polygraph Protection Act of 1988; (9) the Worker Adjustment and Retraining Notification Act; and (10) the Rehabilitation Act of 1973. Requires that an action to abate a violation of OSHA for which a citation is received take place as soon as possible, but no later than the fiscal year after the citation is issued. (Sec. 4) Establishes in the legislative branch an Office of Compliance to study and report to the Congress on: (1) the application of such laws to the legislative branch; (2) an examination of the procedures used by the instrumentalities to enforce the application of such laws; and (3) a determination as to whether to direct an instrumentality to make improvements in its regulations and procedures so as to assure that they are as effective as those specified in this Act. Authorizes the Office's Board of Directors to direct an instrumentality that has no such procedures to adopt the requisite procedures. Requires the Board to issue regulations governing such applicability which shall be subject to congressional approval. Makes applicable to the legislative branch any provision of Federal law to the extent that it relates to terms and conditions of employment (including protection from discrimination in personnel actions, health and safety of employees, and family and medical leave). Directs the Office, on an ongoing basis, to: (1) determine which of such laws should apply to the legislative branch; (2) study the application to the legislative branch of laws enacted after enactment of this Act; and (3) issue regulations to apply such laws to the legislative branch subject to congressional approval. Sets forth House and Senate procedures for concurrent resolutions to disapprove such regulations. (Sec. 6) Requires the Office to: (1) carry out an education program for Members of Congress and other employing authorities of the legislative branch respecting the laws made applicable to them and a program to inform individuals of their rights under such laws and this Act; (2) publish statistics on the use of the Office by congressional employees; and (3) develop a system for the collection of demographic data on the composition of the congressional employees. Requires the Board to submit to the Congress annual reports on the information collected under such system. (Sec. 7) Sets forth procedure for consideration of alleged violations of the laws made applicable to the legislative branch consisting of the following steps: (1) counseling through the Office; (2) mediation with the Office; (3) a formal complaint and hearing by a board; (4) judicial review if a congressional employee is aggrieved by a dismissal, final decision, or an order by the hearing board or if a head of an employing office is aggrieved by a final decision or would be subject to an order issued by such board; and (5) as an alternative to steps 3 and 4, a civil action in a U.S. district court. (Sec. 14) Declares that any intimidation of, or reprisal against, any employee because of the exercise of a right under this Act constitutes an unlawful employment practice that may be remedied in the same manner as a violation of law made applicable to the legislative branch under this Act. (Sec. 15) Requires all counseling, mediation, and hearings and deliberations of a hearing board to be confidential. Permits the records of hearing boards to be made public if required for judicial review. Authorizes the House Committee on Standards of Official Conduct and the Senate Select Committee on Ethics to have access to the hearing of the hearing board only after the board has made a decision with respect to the matter. (Sec. 17) Provides that this Act shall not be construed to authorize enforcement by the executive branch of any of the laws made applicable to congressional employees under this Act. Limits a congressional employee to the judicial proceeding provided by this Act to redress prohibited practices. (Sec. 18) Requires the Office to study and report to the Congress on: (1) the ways that public access to information held by the Congress may be improved, streamlined, and made consistent between the House and the Senate; and (2) the application of the Freedom of Information Act and the Right to Privacy Act to the legislative branch.
United States · United States Congress · 4 January 1995
Repeals rule XLIX of the Rules of the House of Representatives relating to concurrent and joint resolutions that increase or decrease the statutory limit on the public debt.
United States · United States Congress · 4 January 1995
Expresses the sense of the Congress that the Constitution provides that all citizens have the right to keep and bear arms and that such right supersedes the power and authority of any government.
United States · United States Congress · 29 November 1994
Tax Rate Reduction Act of 1994 - Amends the Internal Revenue Code to repeal the highest income tax rate for individuals, lower the highest taxable income threshold, and reduce individual income tax rates from 1995 until 1998. Repeals the overall limitation on itemized deductions and the phaseout of personal exemptions.
United States · United States Congress · 22 September 1994
Amends the Omnibus Budget Reconciliation Act of 1990 to extend from three years to five years the period during which Medicare select policies may be issued.
United States · United States Congress · 19 September 1994
George Washington Boyhood Home Commemorative Coin Act of 1994 - Directs the Secretary of the Treasury to issue one-dollar silver coins emblematic of a profile of George Washington and a depiction of his xboyhood home. Declares that all surcharges received from coin sales shall be paid to the George Washington Boyhood Home Foundation.
![Official portrait of Rep. Lightfoot, Jim [R-IA-3]](https://www.congress.gov/img/member/l000305_200.jpg)