United States · United States Congress · 5 January 1995
Expresses the sense of the House of Representatives that: (1) obstetrician-gynecologists should be designated as primary care providers for women in Federal laws relating to the provision of health care; and (2) legislative proposals that define primary care should include services performed by obstetrician-gynecologists in such definition.
United States · United States Congress · 4 January 1995
Amends provisions of the Uruguay Round Agreements Act that revise Federal patent law to provide that a patent term shall be the later of 17 years from the date the patent is granted or 20 years from the date the application was filed in the United States. Provides that if the application contains a reference to an earlier application, the term shall be 20 years from the date the earliest application was filed. Removes provisions that provide for extensions of patent terms under certain conditions. Provides for public disclosure and inspection of original and continuing patent applications in cases where a continuing patent application is filed that claims the benefit of the filing date of a prior application that was filed more than 60 months earlier. Requires the term of a patent that is in force or results from an application filed within six months after the Uruguay Round Agreements Act enactment date to be the term provided in this Act.
United States · United States Congress · 4 January 1995
Permits certain veterans with service-connected disabilities who are retired members of the uniformed services to receive compensation concurrently with retired pay, without deduction from either.
United States · United States Congress · 4 January 1995
Prohibits the commercial harvesting of Atlantic striped bass in the coastal waters or Exclusive Economic Zone. Imposes penalties and allows civil forfeiture of vessels for violations. Requires the Atlantic States Marine Fisheries Commission and the U.S. Fish and Wildlife Service Director to take actions reflecting the prohibition.
United States · United States Congress · 4 January 1995
1995 Community Protection Initiative - Amends the Federal criminal code to exempt qualified current and former law enforcement officers carrying appropriate written identification of such status from State and local laws prohibiting the carrying of a concealed handgun.
United States · United States Congress · 4 January 1995
Amends Federal law to exclude the Civil Service Retirement and Disability Fund from the Federal and congressional budgets, and exempt it from any general budget limitation imposed by statute on U.S. budget outlays and from certain orders issued under the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act).
United States · United States Congress · 4 January 1995
American Dream Restoration Act - Amends the Internal Revenue Code to allow individuals a tax credit of $500 multiplied by the number of qualifying children who have not attained age 18. Places limitations on such credit based on: (1) taxpayer adjusted gross incomes over $200,000; and (2) social security tax payments. Provides an inflation adjustment for such credit and the taxpayer adjusted gross income amount. Allows a tax credit for qualified married couples equal to a dollar amount determined by the Secretary of the Treasury to reduce revenues by $2 billion. Describes such couples as those who would be required to pay more in income taxes because they are married than they would be required to pay if they were not married. Establishes individual retirement plans which can be designated as American Dream Savings Accounts. Disallows a tax deduction for amounts contributed to such accounts. Limits contributions to such accounts to the lesser of $2,000, or compensation includible in an individual's gross income for a taxable year ($4,000 in the case of certain married individuals). Provides an inflation adjustment on such amounts. Permits contributions to be made after age 70.5. Excludes distributions from such accounts from gross income and makes the penalty on early distributions inapplicable. Designates qualified distributions as those: (1) made after the individual attains age 59.5; (2) made to a beneficiary on or after the death of the individual; (3) attributable to the individual being disabled; and (4) qualified as special purpose distributions. Prohibits qualified distributions from being made within the five-year period since the account began. Describes special purpose distributions as those for: (1) qualified first-time homebuyers; (2) qualified higher education expenses; and (3) qualified medical expenses, including long-term care insurance.
United States · United States Congress · 4 January 1995
TABLE OF CONTENTS: Title I: Civil Justice Reform Title II: Reform of Private Securities Litigation Common Sense Legal Reforms Act of 1995 - Title I: Civil Justice Reform - Amends the Federal judicial code to provide for the award of attorney's fees to the prevailing party in Federal civil diversity litigation. Grants the district court discretion to reduce the amount of such award under special circumstances. (Sec. 102) Amends Rule 702 of the Federal Rules of Evidence to make inadmissible: (l) testimony by a witness in the form of an opinion that is based on scientific knowledge unless the court determines that such opinion is based on scientifically valid reasoning and is sufficiently reliable so that its probative value outweighs specified dangers; and (2) testimony by a witness who is qualified if such witness is entitled to receive any compensation contingent on the legal disposition of any claim with respect to which such testimony is offered. (Sec. 103) Sets forth rules governing any product liability action brought in State or Federal court against a manufacturer or seller of a product on any theory for harm caused by the product which shall supersede State law only to the extent that State law applies to an issue covered by this section. Specifies that any issue not covered by this section shall be governed by otherwise applicable State or Federal law. Makes a product seller liable to a claimant for harm only if the claimant establishes that: (1) the product which allegedly caused the harm complained of was sold by the product seller, the product seller failed to exercise reasonable care with respect to the product, and such failure to exercise reasonable care was a proximate cause of the claimant's harm; (2) the seller made an express warranty applicable to the product which allegedly caused such harm, independent of any express warranty made by the manufacturer as to the same product, the product failed to conform to the warranty, and the failure of the product to conform caused the claimant's harm; or (3) the seller engaged in intentional wrongdoing as determined under applicable State law and such intentional wrongdoing was a proximate cause of the harm. Makes an exception where: (1) the manufacturer is not subject to service of process under the laws of the State in which the claimant brings the action; or (2) the court determines that the claimant would be unable to enforce a judgment against the manufacturer. Permits the award of punitive damages against a manufacturer or product seller, to the extent permitted by applicable State law, if the claimant establishes by clear and convincing evidence that the harm suffered was the result of conduct manifesting actual malice. Limits the amount of such damages to three times the amount awarded to the claimant for the economic injury on which such claim is based or $250,000, whichever is greater. Specifies that the liability of each manufacturer or seller of the product involved in the action shall be several only and not joint for non-economic damages. Makes the manufacturer or seller liable only for the amount of non-economic damages allocated in direct proportion to such manufacturer's or seller's percentage of responsibility as determined by the trier of fact. (Sec. 104) Expresses the sense of the Congress that each State should require each attorney admitted to practice law in such State to disclose in writing to any client with whom such attorney has entered into a contingency fee agreement: (1) the actual services performed for such client in connection with such agreement; and (2) the precise number of hours actually expended by such attorney in the performance of such services. Amends Rule 11(c) of the Federal Rules of Civil Procedure to require (currently, allow) the court to impose an appropriate sanction upon an attorney, law firm, or party that has made specified representations to the court (e.g., a representation intended to harass, cause unnecessary delay, increase the cost of litigation, or present frivolous arguments) to compensate the parties injured by the conduct. (Sec. 105) Amends the Federal judicial code to require a district court to dismiss a civil action, without prejudice, if: (1) not later than 60 days after such action is commenced, the defendant files a motion to dismiss on the basis that the plaintiff failed to transmit a written statement specifying the particular claims alleged and the amount of damages claimed to the defendant at least 30 days before commencing such action; and (2) the plaintiff fails to establish that before commencing such action the plaintiff complied with such requirement. Sets forth provisions regarding: (1) exceptions (e.g., any civil action to seize or forfeit assets subject to forfeiture and actions where the defendant is likely to flee); and (2) the statute of limitations. (Sec. 106) Revises rule XI of the Rules of the House of Representatives to require each committee report on a bill or joint resolution (bill) of a public character to include: (1) whether that bill preempts the law of any State; (2) the retroactive applicability, if any, of that bill; (3) whether that bill creates a private cause of action and, if so, a description of the relief and the terms and conditions for awarding any attorney fees; and (4) the applicability, if any, of that bill to the Federal Government or any of its agencies or instrumentalities. (Sec. 107) Amends the Racketeer Influenced and Corrupt Organizations Act to prohibit any person from bringing an action under such Act for damages based on injury to that person's business or property if the racketeering activity involves conduct actionable as fraud in the purchase or sale of securities. Title II: Reform of Private Securities Litigation - Securities Litigation Reform Act - Amends the Securities Exchange Act of 1934, with respect to class actions, to require a court-appointed class action steering committee (composed of class members), or, in the absence of such a committee, a guardian ad litem, to direct counsel for the plaintiff class. (Sec. 202) Sets forth disclosure guidelines for any proposed settlement agreement that is disseminated to the plaintiff class, including: (1) a statement about agreement or disagreement on the amount of damages and the likelihood of the plaintiff's prevailing; (2) the amount of legal costs and fees sought as part of the settlement; and (3) the identification of lawyers' representatives who will be available to answer questions from class members. Prohibits the use of disgorgement funds resulting from actions brought by the Securities Exchange Commission (the Commission) to pay legal expenses incurred by private parties seeking distribution of such funds. (Sec. 203) Declares that the portion of any final judgment or settlement awarded to class plaintiffs serving as the representative parties shall be equal (on a per share basis) to the portion of the final judgment awarded to all other members of the class. Revises the guidelines for private class action suits to: (1) require named plaintiffs to own, in the aggregate, at least $10,000 (market value) in the class of securities concerned, or one percent of that class, whichever is lesser; (2) restrict to five the number of class actions filed by a named plaintiff during any three-year period; (3) subject a losing party litigant to liability for the prevailing party's legal fees; (4) require the court to make a conflict of interest determination with respect to a plaintiff's counsel with a beneficial interest in the securities that are the subject of the litigation; (5) discharge from all claims for contribution by nonsettling persons a defendant who settles before verdict or judgment; (6) provide for recovery of contribution by a person who becomes liable for damages from certain non-parties who would have been liable for the same damages, if joined in the original suit; and (7) grant defendants the right to special verdicts establishing scienter (state of mind). Prohibits brokers or dealers from soliciting or accepting referral fees from an attorney for obtaining the representation of a customer in any private action. (Sec. 204) Delineates the requirements for securities fraud actions, including: (1) explicit pleading and proof of scienter; (2) plaintiff's reliance on a material misstatement or omission that proximately caused the plaintiff's loss; and (3) limitations on damages. (Sec. 205) Directs the Commission to: (1) re-examine the regulatory and judicial framework with respect to predictive statements concerning the future economic performance of an issuer of securities ("forward-looking statements"); (2) create clear and objective criteria ("safe harbor" rules), sufficient to protect investors, by which forward-looking statements will be deemed not to violate such Act; and (3) prescribe procedures for timely court dismissal of claims against securities issuers based on such statements. (Sec. 206) Prescribes procedural guidelines for alternative dispute resolution of private actions, especially class actions.
United States · United States Congress · 4 January 1995
Military Retirement Equity Act of 1995 - Permits retired members of the armed forces to be paid retirement pay concurrently with compensation for any service-connected disability if the person's entitlement to such retirement pay is based solely on age, length of service, or both. Reduces the retirement pay of individuals receiving both types of pay by a specified percentage of the disability compensation which decreases as the disability rating increases. Prohibits any reduction in the retirement pay of a disabled person when the disability rating is total. Declares that, once the Federal budget deficit has been reduced, the Congress should reexamine and eliminate any offset of retired pay by a veteran's disability compensation.
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
Constitutional Amendment - Prohibits any person from serving in Congress for more than two full terms as a Senator or for more than three full terms as a Representative. (Excludes service before this article takes effect.)
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
Line Item Veto Act - Grants the President legislative line item veto rescission authority. Authorizes the President to rescind all or part of any discretionary budget authority or veto any targeted tax benefit if the President determines that such rescission: (1) would help reduce the Federal budget deficit; (2) will not impair any essential Government functions; and (3) will not harm the national interest. Requires the President to notify the Congress of such a rescission or veto by special message after enactment of appropriations legislation providing such budget authority or a revenue Act containing a targeted tax benefit. Makes such a rescission effective unless the Congress enacts a rescission disapproval bill. Describes: (1) information to be included in the President's message; and (2) procedures to govern consideration of rescission disapproval legislation in the Senate and the House of Representatives.
United States · United States Congress · 4 January 1995
TABLE OF CONTENTS: Title I: Review of Unfunded Federal Mandates Title II: Regulatory Accountability and Reform Title III: Legislative Accountability and Reform Unfunded Mandate Reform Act of 1995 - Prohibits this Act from applying to any provision in a Federal statute or proposed or final Federal regulation that: (1) enforces constitutional rights of individuals; (2) establishes or enforces any statutory rights that prohibit discrimination on the basis of race, religion, gender, national origin, or handicapped or disability status; (3) requires compliance with accounting and auditing procedures with respect to grants or other money or property provided by the Federal Government; (4) provides for emergency assistance or relief at the request of any State, local, or tribal government; (5) is necessary for national security or ratification or implementation of international treaty obligations; or (6) is designated as emergency legislation. Title I: Review of Unfunded Federal Mandates - Establishes the Commission on Unfunded Federal Mandates to investigate and review the role of unfunded Federal mandates in intergovernmental relations and their impact on State, local, tribal, and Federal government objectives and responsibilities. Requires the Commission to make recommendations to the President and the Congress with regard to: (1) allowing flexibility where the terms of compliance are unnecessarily rigid or complex; (2) consolidating or simplifying unfunded Federal mandates in order to facilitate compliance; (3) terminating those mandates which are duplicative, obsolete, or lacking in practical utility; and (4) temporarily suspending those mandates which are not vital to public health and safety and which compound the fiscal difficulties of State, local, and tribal governments. (Sec. 107) Authorizes appropriations. Title II: Regulatory Accountability and Reform - Requires each Federal agency, to the extent permitted under current law, to: (1) assess the effects of Federal regulations on States, local, and tribal governments, and the private sector (other than to the extent that such regulations incorporate requirements specifically set forth in legislation), including specifically the availability of resources to carry out any Federal mandates in those regulations; and (2) seek to minimize those burdens that uniquely or significantly affect such governmental entities or the private sector, consistent with achieving statutory and regulatory objectives. (Sec. 201) Directs each agency to develop an effective process to permit elected officials and other representatives of States and local and tribal governments to provide meaningful and timely input in the development of regulatory proposals containing significant Federal intergovernmental mandates. Requires each agency, before establishing regulatory requirements, to develop plans for: (1) notifying small governments of such requirements; (2) enabling their officials to provide appropriate input into the regulatory process; and (3) preparing estimates of the effect of Federal private sector mandates on the national economy. (Sec. 202) Requires each agency to prepare a written statement of specified estimates and analyses before promulgating any notice of proposed rulemaking or final rule including Federal mandates that may result in private or public sector expenditures of $100 million or more in any one year. (Sec. 203) Directs the Director of the Office of Management and Budget (OMB) to collect such statements and forward copies to the CBO Director. (Sec. 204) Requires the OMB Director to establish pilot programs in at least two agencies to test innovative and more flexible regulatory approaches that: (1) reduce reporting and compliance burdens on small governments; and (2) meet overall statutory goals and objectives. Title III: Legislative Accountability and Reform - Amends the Congressional Budget Act of 1974 to add provisions on Federal mandates, with applicability limited in the same manner as indicated before in title I. (Sec. 301) Provides that when a congressional authorization committee orders a public bill or joint resolution reported, the committee shall promptly provide the text of the legislation to the CBO Director, identifying any Federal mandate in it. Requires, when such a committee reports legislation including any Federal mandate, that the accompanying report contain certain information, including statements on whether the legislation is intended to preempt any State, local, or tribal law (and the reasons for such intention), as well as individual mandate descriptions, cost- benefit analyses, and statements regarding Federal financial assistance to State, local, and tribal governments for meeting mandate costs. Requires the CBO Director, for each piece of legislation, to prepare and submit to such committee certain statements estimating the direct costs of mandate compliance and the amount of new or increased Federal financial assistance needed to meet such costs, if the estimates indicate at least a $50 million per fiscal year direct cost of all intergovernmental mandates in the legislation, or a $100 million per fiscal year direct cost of private sector mandates. Provides that, at the request of any congressional committee, the CBO Director shall: (1) consult with and assist it in analyzing the budgetary or financial impact of any proposed legislation that may have a significant impact on the State, local, or tribal government involved or on the private sector; and (2) study any legislative proposal containing a Federal mandate. Requires the CBO Director to conduct continuing studies to enhance comparisons of budget outlays, credit authority, and tax expenditures. Requires any congressional committee that anticipates considering proposed legislation establishing, amending, or reauthorizing any Federal program likely to have a significant budgetary impact on the State, local, or tribal government involved, or to have a significant financial impact on the private sector, to include that information in its views and estimates on that proposal to the applicable budget committee. Authorizes appropriations to CBO to carry out such new requirements under the Congressional Budget Act of 1974. Makes it out of order for the House of Representatives or the Senate to consider: (1) any reported nonappropriations legislation unless it has a CBO Director report; or (2) any reported nonappropriations legislation containing a Federal intergovernmental mandate with direct costs exceeding the thresholds specified by this Act, unless it provides for new or increased budget, entitlement, or direct spending authority or makes other specified arrangements for each fiscal year to ensure that Federal funds equal or exceed the estimated direct costs of the mandate, or that State, local, and tribal programmatic and financial responsibilities are reduced so they do not exceed the amount of Federal funding. Requires the direct costs of a Federal mandate for a fiscal year to be determined based on estimates by congressional budget committees. Gives the Committee on Government Reform and Oversight of the House and the Committee on Governmental Affairs of the Senate final authority to determine whether a piece of legislation contains a Federal mandate. Provides that it shall not be in order in the House of Representatives to consider a rule or order waiving application of these provisions to a bill or joint resolution reported by an authorization committee. (Sec. 302) Amends House rules with regard to the Committee of the Whole and Committee on Rule: (1) to make it always in order in the former to strike from the portion of any bill open to amendment any Federal mandate whose direct costs exceed the prescribed threshold; and (2) to require the latter to include in its reports on waived points of order a separate item identifying all waivers of points or order relating to Federal mandates. (Sec. 305) Repeals the State and Local Government Cost Estimate Act of 1981.
United States · United States Congress · 4 January 1995
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.
![Official portrait of Rep. Longley, James B., Jr. [R-ME-1]](https://www.congress.gov/img/member/l000431_200.jpg)