United States · United States Congress · 11 May 1995
Amends the Internal Revenue Code, with respect to imposition of the excise tax for failure of group health plans to meet certain requirements, to require any preexisting condition limitation period with respect to an individual who commences coverage after December 31, 1995, to be reduced by the aggregate of the individual's prior periods of coverage under a plan. Treats a period as zero if a break in coverage of greater than 60 days has occurred between the most recent qualified coverage and commencement of the current coverage. Prohibits, with respect to an individual whose periods of previous coverage are greater than zero, the establishment by a plan of eligibility, continuation, enrollment, or contribution requirements based on factors directly related to health status, medical condition, claims experience, receipt of health care, medical history, disability, or evidence of insurability.
United States · United States Congress · 7 April 1995
Propane Education and Research Act of 1995 - Authorizes the qualified industry organizations (the National Propane Gas Association, the Gas Processors Association, or successor organizations, or a group of retail marketers or producers who collectively represent at least 25 percent of the volume of propane sold or produced in the United States) to conduct, at their own expense, a referendum among producers and retail marketers for the creation of a Propane Education and Research Council. Directs the Council, if established, to develop programs (including programs to enhance consumer and employee safety and training) and enter into contracts for: (1) propane research and development; (2) consumer education; and (3) payment for program costs with funds collected under this Act. Requires the Council to reimburse the Secretary of Energy annually for any costs incurred by the United States, but not to exceed the average annual salary of Department of Energy employees. Prescribes guidelines under which the Council shall set annual assessments on odorized propane to cover program costs. Directs the Council to establish a program to coordinate its operations with any State propane education and research council. Prohibits Council funds from being used for lobbying activities. Directs the Secretary of Commerce to annually prepare and make available to the Council, the Secretary of Energy (Secretary), and the public, an analysis of changes in propane prices relative to other energy resources. Requires the Council to restrict its activities to research and development, training, and safety whenever in any year the five-year average rolling price index of consumer grade propane exceeds by more than 10.1 percent the five-year rolling average price composite index of residential electricity, residential natural gas, and refiner price to end users of Number 2 fuel oil. Requires the price of propane to be determined by market forces in all cases. Prohibits the Council from taking action to pass the cost of the annual assessments to consumers. Requires the Secretary of Commerce to report biennially to the Congress and the Secretary on: (1) whether operation of the Council, in conjunction with the cumulative effects of market changes and Federal programs, has had an effect on propane consumers, including residential, agriculture, process, and nonfuel users; and (2) whether there have been long-term and short-term effects on propane prices as a result of Council activities and Federal programs.
United States · United States Congress · 4 April 1995
Clinical Laboratory Improvement Act Amendments of 1995 - Exempts a physician clinical office laboratory from Public Health Service Act certification requirements, except when such laboratory performs a Pap Smear (Papanicolaous Smear) analysis.
United States · United States Congress · 30 March 1995
Amends the Internal Revenue Code, with respect to the United Mine Workers of America Combined Benefit Fund, to provide: (1) a means for transferring surpluses between the Fund's accounts to reduce shortfalls in the entire Fund; and (2) a formula to reduce or increase operators' premiums according to the Fund's aggregated surplus or shortfall, respectively. Sets the amount of the per beneficiary health benefit premium. Directs the Trustees of the Combined Fund to disclose to contributors, upon written request, all documents showing its financial and operational status and all documents prepared at trustee or staff request that form the basis for the Fund's actions or reports.
United States · United States Congress · 28 March 1995
Comprehensive Wetlands Conservation and Management Act of 1995 - Amends the Federal Water Pollution Control Act to prohibit, unless such activity is undertaken pursuant to a permit issued by the Secretary of the Army: (1) the discharge of dredged or fill material into U.S. waters, including wetlands at a specific disposal site; or (2) the draining, channelization, or excavation of wetlands. Requires the Secretary, upon receiving permit applications, to: (1) classify as Type A wetlands that are of critical significance to the long-term conservation of the aquatic environment and meet other specified requirements; (2) classify as Type B wetlands wetlands that provide habitat for a significant population of wildlife or provide other significant wetlands functions; and (3) classify as Type C wetlands wetlands that serve marginal functions but exist in such abundance that regulation of activities is not necessary to conserve wetlands functions or are lands that do not serve significant wetlands functions. Authorizes persons with ownership interests in property to request the Secretary to make determinations as to whether the property contains U.S. waters or is a wetland. Subjects such determinations to judicial review. Directs the Federal Government to compensate a property owner whose use of the property has been limited by an agency action under this Act that diminishes the fair market value of the property by at least 20 percent. Requires the compensation to equal the diminution in value resulting from such action. Directs the Federal Government, at the owner's option, to buy the portion of property for fair market value if the diminution in value is greater than 50 percent. Prohibits compensation with respect to agency actions: (1) the primary purpose of which is to prevent a public health or safety hazard or damage to specific property other than the property whose use is limited; or (2) pursuant to the Federal navigation servitude except as such servitude applies to wetlands. Sets forth procedures for owners seeking compensation and notice requirements for agencies taking actions to limit the use of private property. Applies compensation provisions only to surface interests or water rights, with specified exceptions for oil, gas, or mineral interests beneath or adjacent to Type A or B wetlands. Requires the Secretary to determine whether to issue a permit for an activity in Type A wetlands based on a sequential analysis that seeks to avoid or minimize adverse actions on wetlands and compensate for losses of functions that cannot be avoided or minimized. Authorizes mitigation requirements when appropriate to prevent loss or degradation of Type A wetlands. Permits the Secretary to issue a permit for activities in Type B wetlands if the issuance of the permit is in the public interest, balancing the foreseeable benefits and detriments resulting from the permit. Imposes requirements for mitigation when such activities result in permanent wetland loss or degradation. Directs the Secretary to issue regulations for the establishment and oversight of mitigation banks for wetlands. Requires the Secretary, at the option of the permit applicant, to issue permits authorizing activities in Type A and B wetlands in States with substantial conserved wetlands areas subject to the following requirements. Permits the Secretary to include conditions for minimization of adverse impacts when economically practicable. Prohibits any requirements for mitigation to compensate for adverse impacts in such permits. Directs the Secretary, upon application by owners of economic base lands in a State with substantial conserved wetlands, to issue individual and general permits for activities in waters or wetlands. Reduces requirements to allow such lands to be beneficially used to sustain economic activity and to reflect the social and economic needs of Alaska Natives to utilize such lands. Exempts specified activities from this Act's requirements. Prohibits more than 20 percent of any county, parish, or borough from being classified as Type A wetlands. Requires wetlands located on agricultural lands and associated non-agricultural lands to be delineated by the Secretary of Agriculture in accordance with the Food Security Act of 1985. Exempts from the requirements of this Act agricultural lands that are exempt from the requirements of the Food Security Act of 1985. Requires the Secretary and the Secretary of Agriculture to undertake a project to identify and classify U.S. wetlands. Directs the Secretary to establish procedures pursuant to which: (1) landowners may appeal determinations of regulatory jurisdiction over a parcel of property, wetlands classifications with respect to property, or determinations that an activity does not qualify under a general permit; (2) any person may appeal a determination that a proposed activity is not exempt (non-exempt activities require permits); (3) permit applicants may appeal determinations to deny issuance of a permit or to impose a requirement under the permit; and (4) landowners or others required to restore or alter property may appeal an order to do so. Provides that persons who have filed appeals shall not be required to pay penalties or perform mitigation or restoration until the appeal has been decided. Authorizes civil actions and prescribes penalties for permit violations. Authorizes States to administer permit programs for activities covered by this Act, subject to the Secretary's approval. Deems specified activities associated with cranberry production operations to be in compliance with provisions regarding effluent limitations, subject to certain conditions. Directs the Secretary, in implementing responsibilities under the regulatory program, to balance the objective of conserving functioning wetlands with the objectives of ensuring continued economic growth, providing essential infrastructure, maintaining strong State and local tax bases, and protecting against the diminishment and value of private property. Requires the Secretary and the heads of Federal agencies to seek to minimize the effects of the regulatory program on the use and value of private property. Directs the Secretary to develop procedures for facilitating actions necessary to respond to emergency conditions under this Act which may involve loss of life or property damage. Provides that no U.S. waters or wetlands shall be subject to this Act based solely on the fact that migratory birds use or could use the waters or wetlands. Provides for reevaluation of determinations of regulatory jurisdiction or permit conditions imposed before this Act's enactment upon the request of a permit holder. Authorizes modification or suspension of permits, as appropriate. Bars compensation to persons as a result of such reevaluation and continues activities in Type A wetlands without permit modification.
United States · United States Congress · 23 March 1995
Amends the Internal Revenue Code to modify pension rules governing nondiscrimination and participation requirements for State judicial retirement plans for judges and justices.
United States · United States Congress · 21 March 1995
National Right-to-Work Act - Amends the National Labor Relations Act and the Railway Labor Act to repeal those provisions that require employees to pay union dues or fees as a condition of employment.
United States · United States Congress · 15 March 1995
Amends the Internal Revenue Code to exclude from gross income qualified separation payments transferred to individual retirement accounts. Describes such payments as qualified if: (1) such payments were voluntarily paid by the employer on account of separation before attainment of normal retirement age; and (2) such separation was in connection with a substantial reduction in the employer's work force.
United States · United States Congress · 14 March 1995
TABLE OF CONTENTS: Title I: Assuring Availability and Continuity of Health Coverage Subtitle A: Insurance Reform Subtitle B: Facilitating Establishment of Health Plan Choice Organization (HPCOs) Subtitle C: Preemption of State Benefit Mandates and Anti-Managed Care Laws Subtitle D: Definitions; General Provisions Title II: Administrative Simplification Subtitle A: Standards for Data Elements and Transactions Subtitle B: Requirements With Respect to Certain Transactions and Information Subtitle C: Miscellaneous Provisions Title III: Fraud and Abuse Reform: Advisory Opinions Title IV: Malpractice Reform and Antitrust Subtitle A: Malpractice Reform Subtitle B: Antitrust Basic Health Care Reform Act of 1995 - Title I: Assuring Availability and Continuity of Health Coverage - Subtitle A: Insurance Reform - Requires carriers that offer health insurance coverage in the individual-small group market in a fair rating area to make available qualified standard coverage and high-deductible coverage to small employers. Exempts federally qualified health maintenance organizations (HMOs) and HMOs or managed care organizations recognized by State laws from the requirement to provide high-deductible coverage. Prohibits the offer of high-deductible coverage unless the carrier also makes standard coverage available with identical benefits and the employee demonstrates that they have available assets equal to at least the deductible amount under the high-deductible coverage. Requires carriers to provide for coverage of benefits for items and services furnished throughout the fair rating area. Prohibits carriers from limiting coverage to portions of interstate metropolitan statistical areas (MSAs), requiring them to provide coverage throughout the entire MSA. Requires coverage offers to include a family coverage option. Prohibits carriers from requiring employers under group health plans to impose waiting periods for health coverage or require conditions on health coverage based on an individual's: (1) health status; (2) claims experience; (3) receipt of health care; (4) medical history; or (5) receipt of public subsidies. (Sec. 1002) Requires carriers to accept every small employer and qualifying individual that applies for enrollment during the required enrollment period. Provides that in the case of coverage offered by carriers or under group health plans that provide benefits through a managed care arrangement, the carriers or plans: (1) need not establish health care facilities throughout the fair rating area if the facilities are located in a manner that does not discriminate on the basis of health status of individuals residing in proximity to such facilities; and (2) may deny coverage under certain conditions. Permits carriers to deny coverage if they do not have the necessary financial reserves. (Sec. 1003) Prohibits carriers from denying, cancelling, or refusing to renew health coverage except on the basis of nonpayment of premiums or fraud or because they are not providing a particular coverage option in the market. Sets limitations on market exit and re-entry by carriers. Establishes similar conditions for cancellation or denial by multiemployer plans. (Sec. 1004) Prohibits carriers or group health plans from excluding coverage with respect to services provided for preexisting conditions, except as provided by this Act. Provides for exclusion periods of up to 12 months subject to certain conditions. Makes exclusions inapplicable to pregnancy, newborns, adopted children, and certain individuals enrolled or enrolling during an open enrollment period. (Sec. 1005) Sets forth provisions regarding enrollment periods. (Sec. 1011) Establishes standards for general coverage requirements, managed care arrangements and requirements, and utilization review programs. (Sec. 1014) Amends the Internal Revenue Code to provide for the establishment of medical savings accounts. Makes the account beneficiary the owner of the account and includes distributions not used for qualified medical expenses in the beneficiary's gross income. Sets forth uses and limitations for such accounts. Excludes: (1) employer contributions to any medical savings account of an eligible employee from gross income (to the extent such contributions do not exceed the excess of premiums for standard coverage over the premiums for high-deductible coverage); and (2) health benefit payments made by employers from employment taxes. (Sec. 1021) Provides that the premium rate established by carriers for health insurance coverage in the small group market may not vary except by the following: (1) age; (2) geographic area; (3) family class; (4) benefit design of coverage and by type of coverage option; and (5) permitted expense category. (Sec. 1022) Requires the Secretary of Health and Human Services to request the National Association of Insurance Commissioners (NAIC) to develop a model risk adjustment system under which premiums applicable to coverage in the small group market would be adjusted to take into account factors to predict the future need and efficient use of services by covered individuals in the market. Incorporates such model into a rule that specifies risk adjustment mechanisms. Requires each State to develop systems that conform with the Federal model. (Sec. 1031) Requires carriers and group health plans to provide information relating to their performance in providing coverage to specified individuals, including prospective enrollees. (Sec. 1032) Prohibits carriers from varying the commission or other remuneration to a person based on the claims experience or health status of individuals enrolled by or through such person. (Sec. 1041) Directs the Secretary to request the NAIC to develop model regulations that specify standards with respect to this subtitle for carriers and health insurance coverage. (Sec. 1044) Imposes a tax on carriers or group health plans that fail to comply with provisions of this subtitle through Sec. 1033 unless a State has in effect a regulatory mechanism that provides sanctions. (Sec. 1045) Prohibits a plan from offering health coverage other than through a carrier unless the plan has at least 50 eligible employees, except where the plan is a multiple employer welfare arrangement which covers at least 1,000 qualifying employees and meets State established solvency standards. (Sec. 1051) Applies the provisions of this subtitle to carriers offering health insurance coverage to qualifying individuals in the individual market in the same manner as such provisions apply to carriers offering health insurance coverage to employers. Provides for an exception relating to risk adjustment systems. Subtitle B: Facilitating Establishment of Health Plan Choice Organization (HPCOs) - Authorizes the establishment of health plan choice organizations (HPCOs). (Sec. 1102) Requires HPCOs to enter into agreements with carriers that desire to make health coverage available in the small group market through HPCOs. (Sec. 1104) Requires HPCOs to offer enrollment for coverage, on behalf of carriers, to individuals in the market through which the organization offers coverage in the area served by the choice organization. Authorizes HPCOs to impose administrative fees for enrollment. Subtitle C: Preemption of State Benefit Mandates and Anti-Managed Care Laws - Preempts State laws that: (1) mandate health insurance benefits; (2) restrict managed care arrangements and utilization review programs; and (3) establish standards for health insurance coverage that differ from those established under this title. Subtitle D: Definitions; General Provisions - Sets forth definitions and effective date provisions. Title II: Administrative Simplification - Subtitle A: Standards for Data Elements and Transactions - Directs the Secretary to adopt standards for: (1) the electronic transmission of health information data; (2) information transactions; and (3) health information network privacy standards. Subtitle B: Requirements with Respect to Certain Transactions and Information - Lists transactions to be considered as standard transactions with respect to plan sponsors and HPCOs. (Sec. 2202) Requires certified health information security organizations to make available to Federal or State agencies, pursuant to a cost-type contract, any non-identifiable health information that is held by the service, consists of data elements that are subject to a standard under Subtitle A, and is requested by such an agency to fulfill a requirement under this Act. (Sec. 2203) Directs the Secretary to establish a procedure under which a plan sponsor or health provider that does not have the ability to transmit standard data elements and does not have access to a certified health information network may comply with this part. Subtitle C: Miscellaneous Provisions - Requires the Secretary to establish standards and a certification procedure for health information network services. (Sec. 2303) Provides that this subtitle supersedes State law. Prohibits the enforcement of any State law that requires medical or health plan records to be maintained or transmitted in written rather than electronic form, except as provided by the Secretary. Title III: Fraud and Abuse Reform: Advisory Opinions - Amends Social Security Act titles XI and XVIII to mandate the issuance of advisory opinions by the Secretary according to specified guidelines. Title IV: Malpractice Reform and Antitrust - Subtitle A: Malpractice Reform - Makes provisions of this subtitle through Sec. 4010 applicable to any medical malpractice liability action brought in a Federal or State court and to any medical malpractice claim subject to an alternative dispute resolution (ADR) system that is initiated on or after January 1, 1996. (Sec. 4002) Prohibits a medical malpractice liability action from being brought in any State court during a calendar year unless the relevant claim has been initially resolved (i.e., a decision has been reached on whether the defendant is liable to the plaintiff for damages and on the amount of damages) under a certified ADR system or an alternative Federal system. Prohibits a medical malpractice liability action from being brought in Federal court based on diversity of citizenship during a calendar year unless the relevant claim has been initially resolved under such a system in the State whose law applies. Directs the Attorney General to establish an ADR process for tort claims consisting of medical malpractice liability claims brought against the United States. Prohibits a medical malpractice liability action based on such a claim from being brought in any Federal court unless the claim has been initially resolved under such process. Sets forth procedures for filing actions. (Sec. 4003) Authorizes States to develop specialty clinical practice guidelines to be certified by the Secretary. (Sec. 4004) Limits to $250,000 the amount of noneconomic damages that may be awarded to a claimant and family members in a medical malpractice liability action. (Sec. 4006) Sets forth provisions regarding: (1) limits on attorney's fees and other costs; and (2) statutes of limitations. (Sec. 4008) Specifies that in the case of a medical malpractice claim relating to services provided during labor or the delivery of a baby, if the health care professional or provider did not previously treat the claimant for the pregnancy, the trier of fact may not find that the defendant committed malpractice nor assess damages unless the malpractice is proven by clear and convincing evidence. (Sec. 4010) Provides that this part preempts State law, except for State law that imposes greater restrictions than those provided in this part. (Sec. 4021) Lists requirements for State ADR systems, including that such a system: (1) applies to all medical malpractice liability claims under the jurisdiction of the courts of that State; (2) requires that a written opinion resolving the dispute be issued within six months after each party against whom the claim is filed has received notice of the claim; (3) is approved by the State or local governments; (4) provides for the transmittal to the State agency responsible for monitoring or disciplining health care professionals and providers of any findings of malpractice; and (5) provides for the regular transmittal of information on disputes resolved under the system to the Administrator for Health Care Policy and Research in a manner that protects the identity of the parties involved. (Sec. 4022) Directs the Secretary to certify State ADR systems that meet such requirements on an annual basis. Requires the Secretary to establish an alternative Federal ADR system for the resolution of medical malpractice liability claims in States that do not have in effect a certified ADR system. (Sec. 4023) Directs the Secretary to submit to the Congress a report describing and evaluating State ADR systems and the alternative Federal system. (Sec. 4031) Sets forth definitions for this subtitle. Subtitle B: Antitrust - Directs the Attorney General to: (1) provide for the development of guidelines on the application of antitrust laws to the activities of health plans; and (2) establish a review process under which a health plan may request the Department of Justice's opinion on the plan's conformity with the Federal antitrust laws. (Sec. 4102) Requires the Attorney General to issue a certificate of public advantage to each eligible health care collaborative activity that complies with this section's requirements. Provides that such activity shall not be liable under the antitrust laws for conduct described in the certificate if such conduct occurs while the certificate is in effect. Directs the Attorney General to issue such a certificate if: (1) the benefits that are likely to result from the activity outweigh the reduction in competition that is likely to result; and (2) such reduction is necessary to obtain such benefits. Sets forth activity eligibility requirements.
United States · United States Congress · 8 March 1995
Amends the Internal Revenue Code to declare that unrelated trade or business does not include the activity of soliciting and receiving qualified sponsorship payments for purposes of the tax on unrelated business income of charitable and other tax-exempt organizations.
United States · United States Congress · 7 March 1995
Amends the Internal Revenue Code to exempt from the additional tax on early distribution from retirement plans distributions to individuals during periods of unemployment.
United States · United States Congress · 7 March 1995
Amends the Internal Revenue Code to make certain individuals eligible for the one-time exclusion of gain from the sale of a principal residence during a period of unemployment. Reduces the amount of the maximum exclusion for such individuals.
United States · United States Congress · 3 March 1995
TABLE OF CONTENTS: Title I: Joint Budget Resolution Title II: Balanced Budget and Spending Restraints Balanced Budget-Spending Limitation Act of 1995 - Title I: Joint Budget Resolution - Amends the Congressional Budget Act of 1974 to reform the budget process by requiring a joint resolution on the budget instead of the concurrent resolution on the budget. Title II: Balanced Budget and Spending Restraints - Establishes a Federal spending limit of 21.5 percent of the gross domestic product for FY 1996 declining to 19 percent by FY 2002. Requires reduction of the maximum deficit amount to zero by FY 2002. Allows a waiver or suspension on the prohibition on exceeding the maximum deficit amount or the Federal spending limit by a three-fifths vote of both Houses. Prohibits the House or Senate from considering legislation that increases the public debt established by law for a fiscal year in excess of the Federal spending limit. Allows a waiver or suspension on such prohibition by a three-fifths vote of both Houses. Establishes a point of order against any legislation that does not allocate savings derived from changes in social security benefits or revenues from social security tax increases to the social security trust fund. Allows a waiver or suspension on such prohibition by a three-fifths vote of both Houses. Amends the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act) to provide for a mid-year and end of the year sequester if any laws effective during the current year will cause the deficit to exceed the maximum deficit or the Federal spending limit. Cancels budget authority sequestered at the end of the year permanently. Requires the President to submit a revised budget for FY 1996 that conforms to the spending limitations established in this Act. Makes the amendments and limits established by this title, and the procedures provided in Acts amended by this title, applicable to fiscal years beginning with FY 1996 and requires them to continue notwithstanding the termination of any Act setting forth such procedures.
United States · United States Congress · 2 March 1995
Provides that, in the administration of the child labor provisions of the Fair Labor Standards Act of 1938, minors under age 18 shall be permitted to load materials into balers or compactors that meet specified safety standards of the American National Standards Institute.
United States · United States Congress · 2 March 1995
ROTC Campus Access Act - Prohibits the availability of Federal funds by contract or grant to any institution of higher education that has an anti-ROTC (Reserve Officer Training Corps) policy and at which the Secretary of Defense would otherwise seek to either establish a unit of the Senior ROTC or enroll students in such program. Requires notice of the anti-ROTC policy determination to be: (1) transmitted to the Secretary of Education and specified congressional committees; and (2) published in the Federal Register (along with a list of each institution currently ineligible for Federal funds due to such determination).
United States · United States Congress · 1 March 1995
Amends the Internal Revenue Code to provide a special rule for persons with a deceased parent for purposes of the generation-skipping transfer tax. Makes such rule inapplicable to an individual who is not a lineal descendant if there is a living lineal descendant.
United States · United States Congress · 24 February 1995
Amends the Goals 2000: Educate America Act to eliminate the National Education Standards and Improvement Council (the Council). Prohibits any Federal agency from expending Federal funds for the development or dissemination of model or national content standards, national student performance standards, or national opportunity-to-learn standards. Eliminates the requirement that the National Education Goals Panel review and approve such standards and criteria. Terminates funding for: (1) the Council; (2) opportunity-to-learn development grants; and (3) assessment development and evaluation grants. Makes technical and conforming amendments to the Elementary and Secondary Education Act of 1965, the General Education Provisions Act, and the Education Amendments of 1978.
United States · United States Congress · 24 February 1995
Family Reinvestment Act of 1995 - Amends the Internal Revenue Code to increase the retirement savings deduction and the maximum individual retirement account contribution from $2,000 to $2,500. Raises income phase-out limits. Allows such a deduction for nonemployed spouses. Provides an inflation adjustment for retirement savings deductions. Excludes from gross income qualified distributions from certain retirement plans for first-time homebuyers and higher education expenses of the taxpayer, spouse, or child. Requires the repayment of such amounts with interest.
United States · United States Congress · 23 February 1995
Ricky Ray Hemophilia Relief Fund Act of 1995 - Establishes in the U.S. Treasury the Ricky Ray Hemophilia Relief Fund. Authorizes appropriations. Specifies that any individual who submits to the Attorney General written medical documentation that the individual has a human immunodeficiency virus (HIV) infection shall receive $125,000 from amounts available in the Fund if the individual: (1) has a blood-clotting disorder and was treated with blood-clotting agents between January 1, 1980, and December 31, 1987; (2) is the lawful spouse of such individual or the former lawful spouse and was the lawful spouse of the individual at any time after a date within such period on which the individual was treated; or (3) acquired the HIV infection through perinatal transmission from a parent who is such an individual. Requires that a claim for payment be filed with the Attorney General by or on behalf of such individual and that the Attorney General determine that the claim meets the requirements of this Act. Specifies that a claim under this Act shall not be assignable or transferable. Sets limits regarding the number of claims per victim. Prohibits the Attorney General from paying claims filed under this Act unless filed within three years after this Act's enactment.
United States · United States Congress · 23 February 1995
Amends the Nuclear Waste Policy Act of 1982 to revise and rename it the Integrated Spent Nuclear Fuel Management Act of 1995. (Sec. 1) Instructs the Secretary of Energy (the Secretary) to accept spent nuclear fuel and high-level radioactive waste by not later than January 31, 1998. Entitles contract holders to specified remedies for the Secretary's failure to meet service contract obligations, or to accept spent nuclear fuel and high-level radioactive waste as mandated under this Act. States that the Nuclear Waste Fund shall fund the execution of service contract and implementation of the Secretary's responsibilities, including the acceptance of spent nuclear fuel and high-level radioactive waste at contract holder sites and transporting such fuel or waste to a private storage facility. Establishes an integrated spent nuclear fuel management system for spent nuclear fuel and high-level radioactive waste, including its storage, transportation, and disposal. Prescribes procedural guidelines for the use of: (1) railroads; (2) transportation planning and requirements; (3) multi-purpose canister systems; (4) interim storage facilities; (5) permanent disposal; (6) land withdrawal; and (7) private storage facilities. Prescribes consultation and assistance guidelines between the Secretary and the State of Nevada. Prescribes budget priorities for purposes of annual requests for appropriations from the Waste Fund. Prescribes a fee schedule for electricity and nuclear fuel used to generate electricity in a civilian nuclear power reactor. Sets forth advance contract prerequisites for utilization or production facility license renewals. Reestablishes the Nuclear Waste Fund and the Office of Civilian Radioactive Waste Management. Directs the Secretary to: (1) establish by rule the appropriate portion of the costs of managing high-level radioactive waste and spent nuclear fuel allocable to the interim storage or permanent disposal of high-level radioactive waste and spent nuclear fuel from atomic energy defense activities; and (2) advise the Congress annually of the amount of high-level radioactive waste and spent nuclear fuel from atomic energy defense activities requiring management in the integrated spent nuclear fuel management system. Subjects the Secretary to all Federal, State, and local environmental or land use laws and regulations, with specified exceptions. Grants the U.S. courts of appeals original and exclusive jurisdiction over civil actions under this Act. Provides that upon a contract holder's request, the Secretary shall take title to or possession of spent nuclear fuel or high-level radioactive waste without removing it from the contract holder's designated storage site if the Secretary cannot accept such items within the contract's acceptance schedule. Requires the NRC to promulgate regulatory guidelines for: (1) financial assurances for low-level radioactive waste site closures; and (2) training and qualification of civilian nuclear powerplant personnel. Reestablishes the Nuclear Waste Technical Review Board. Authorizes appropriations. Directs the Secretary to take action as necessary to improve the management of the civilian radioactive waste management program to ensure that it is operated to the maximum extent like a private business. States that the program is not subject to civil service regulations. Abolishes the Interim Storage Fund, the Monitored Retrievable Storage Commission, the Office of Subseabed Disposal Research, and the Office of Nuclear Waste Negotiator. Repeals all references to the Yucca Mountain site. Requires the Secretary to report to the Congress whether particular milestones have been reached with respect to: (1) multi-purpose canister systems; (2) land withdrawals; (3) interim storage facilities; and (4) acceptance of spent nuclear fuel from contract holders. Directs the Secretary to: (1) create a value engineering function within the Office of Civilian Radioactive Waste Management; and (2) employ on an on-going basis, integrated performance modeling regarding site characterization. (Sec. 2) Sets forth transition provisions for the continuation of: (1) contracts; (2) Nuclear Waste Fund; (3) Office of Civilian Radioactive Waste Management; and (4) Nuclear Waste Technical Review Board. (Sec. 3) Mandates that amounts in the Nuclear Waste Fund be appropriated exclusively for certain authorized purposes cited in the Nuclear Waste Policy Act of 1982. Precludes such appropriations from being taken into account for any budget enforcement procedures under the Balanced Budget and Emergency Deficit Control Act of 1985. Amends such Act to provide that appropriations to the Nuclear Waste Fund are not subject to its discretionary spending limits or to a certain allocation of the Energy and Waster Development Subcommittee of the Appropriations Committee. Reduces specified discretionary spending limits under the Congressional Budget Act of 1974.
United States · United States Congress · 22 February 1995
Birth Defects Prevention Act of 1995 - Amends the Public Health Service Act to establish birth defects prevention and research programs. Authorizes the Secretary of Health and Human Services, acting through the Director of the Centers for Disease Control (CDC), to provide for collection, analysis, and reporting of birth defects statistics from birth certificates, infant death certificates, hospital records, or other sources and to collect and disaggregate such statistics by gender and racial and ethnic group. Directs the Secretary to establish at least five regional birth defects monitoring and research programs to collect and analyze information on the number, incidence, correlation, and causes of birth defects. Authorizes the Secretary, acting through the Director of CDC, to award grants or enter into cooperative agreements with specified entities to serve as Centers of Excellence for Birth Defects Prevention Research. Requires one of the Centers to focus on birth defects among ethnic minorities. Requires the CDC to establish a clearinghouse for the collection and storage of data generated from birth defects monitoring programs developed under this Act. Directs the Secretary, acting through the Director of the CDC, to provide for the evaluation, and implementation of prevention strategies designed to reduce the incidence and effects of birth defects. Directs the Secretary to establish an Advisory Committee for Birth Defects Prevention. Requires the Secretary to report biennially to the House Committee on Energy and Commerce and the Senate Committee on Labor and Human Resources regarding birth defects. Subjects the provisions of this Act to requirements of the Privacy Act. Authorizes appropriations.
United States · United States Congress · 16 February 1995
TABLE OF CONTENTS: Title I: Tax Incentives for Oil and Gas Production Subtitle A: Production Credit Subtitle B: Modifications to Percentage Depletion Subtitle C: Other Provisions Title II: Regulatory Reform Subtitle A: Oil Pollution Act Amendments Subtitle B: Oil and Gas Royalties Subtitle C: Private Property Rights Subtitle D: Risk Assessments Title III: Repeal of Limitations on Exports Domestic Oil and Gas Production and Preservation Act - Title I: Tax Incentives for Oil and Gas Production - Subtitle A: Production Credit - Amends the Internal Revenue Code to allow a business tax credit for producing crude oil and natural gas from new wells and marginal wells. Provides: (1) a formula for reducing such credit in years in which oil and gas prices increase; and (2) an inflation adjustment for such formula. Allows such credit against the regular and minimum tax. Subtitle B: Modifications to Percentage Depletion - Repeals the net income limitation on percentage depletion for oil and gas properties. (Sec. 112) Makes all marginal production of domestic crude oil or domestic natural gas eligible for percentage depletion. (Sec. 114) Revises the percentage depletion rate for such marginal production. Subtitle C: Other Provisions - Allows the election to treat geological and geophysical expenses incurred in connection with the exploration for, or development of, domestic oil or gas as expenses which are not chargeable to capital account. (Sec. 122) Makes the enhanced oil recovery credit applicable to secondary recovery methods. Allows such credit against the minimum tax. (Sec. 123) Allows the election of an optional five-year writeoff of intangible drilling costs for minimum tax purposes. Title II: Regulatory Reform - Subtitle A: Oil Pollution Act Amendments - Amends the Oil Pollution Act of 1990 to revise general financial responsibility requirements for offshore facilities. Requires responsible parties (except as provided in provisions regarding deepwater ports) to maintain financial responsibility as described by this Act with respect to offshore facilities seaward of the U.S. coastline that are used for drilling for, producing, or processing oil or that have the capacity to transport, store, transfer, or handle more than 1,000 barrels of oil at any one time. Requires the financial responsibility of an offshore facility to be $35 million, unless the President determines that a greater amount (not to exceed $150 million) is necessary based on an assessment of the risk posed by such facility. Subtitle B: Oil and Gas Royalties - Establishes a six-year statute of limitations on actions commenced by the United States for recovery of royalties due under an oil and gas lease on Federal lands unless a lessee has made a false or fraudulent statement with the intent to evade the royalties due. Subtitle C: Private Property Rights - Private Property Owners Bill of Rights - Provides for the protection of private property rights. (Sec. 235) Prohibits an agency head from entering privately owned property to collect information regarding it without the owner's written consent and specified notices. (Sec. 236) Sets forth conditions under which an agency head may use the data collected from privately owned property to implement or enforce any applicable provisions of law. (Sec. 237) Amends the Federal Water Pollution Control Act to grant a right to an administrative appeal of wetlands decisions. (Sec. 238) Amends the Endangered Species Act of 1973 to grant owners or their authorized representatives a right to an administrative appeal with regard to certain actions under that Act. (Sec. 239) Provides compensation for the taking of private property. (Sec. 240) Amends the Endangered Species Act of 1973 to provide for private property owner participation in cooperative agreements. Subtitle D: Risk Assessments - Requires each agency head to prepare a risk assessment, according to specified principles distinguishing scientific findings and best estimates of risk from other considerations, for each major rule relating to human health, safety, and natural resources. Requires the President, within one year after enactment of this Act, to issue a final regulation implementing such risk assessment and characterization principles. Provides for petitions for review of major rule risk assessments. Sets forth agency head decisional criteria and regulatory priorities. Directs the President to develop a systematic program for peer review of work products. Title III: Repeal of Limitations on Exports - Amends the Export Administration Act of 1979, the Mineral Lands Leasing Act, the Energy Policy and Conservation Act, and the Outer Continental Shelf Lands Act to repeal limitations on the export of domestically produced crude oil. Declares that the President may not prohibit or curtail the export of domestically produced crude oil other than crude oil produced from the naval petroleum reserves.
United States · United States Congress · 16 February 1995
TABLE OF CONTENTS: Title I: Production Credit Title II: Modifications To Percentage Depletion Title III: Other Provisions Domestic Oil and Gas Production Tax Incentive Act - Title I: Production Credit - Amends the Internal Revenue Code to allow a business tax credit for producing crude oil and natural gas from new wells and marginal wells. Provides: (1) a formula for reducing such credit in years in which oil and gas prices increase; and (2) an inflation adjustment for such formula. Allows such credit against the regular and minimum tax. Title II: Modifications to Percentage Depletion - Repeals the net income limitation on percentage depletion for oil and gas properties. Makes all marginal production of domestic crude oil or domestic natural gas eligible for percentage depletion. Revises the percentage depletion rate for such marginal production. Title III: Other Provisions - Allows the election to treat geological and geophysical expenses incurred in connection with the exploration for, or development of, domestic oil or gas as expenses which are not chargeable to capital account. Makes the enhanced oil recovery credit applicable to secondary recovery methods. Allows such credit against the minimum tax. Allows the election of an optional five-year writeoff of intangible drilling costs for minimum tax purposes.
United States · United States Congress · 14 February 1995
Low-Income Housing Preservation Act of 1995 - Amends the Internal Revenue Code to provide a 15-year recovery period for the depreciation deduction for new investments to rehabilitate qualified low-income housing projects. Exempts $50,000 ($25,000 in the case of a separate return by a married individual) of such rehabilitation costs from the passive loss limitations. Provides a special rule for computing the depreciation deduction for such housing projects.
United States · United States Congress · 13 February 1995
Volunteer Protection Act of 1995 - Prescribes circumstances under which volunteers working for nonprofit organizations or government entities shall be immune from personal financial liability for acts on behalf of the organization or entity. Sets forth exceptions and conditions that a State may impose on the granting of such immunity. Requires the Secretary of Health and Human Services to increase by one percent the fiscal year allotment which would otherwise be made to a State to carry out the Social Services Block Grant Program under title XX of the Social Security Act if such State has, within two years, certified to the Secretary that it has enacted a State law which provides such immunity. Provides for the continuation of such increase based on an annual recertification.
United States · United States Congress · 13 February 1995
Colon Cancer Screening and Prevention Act - Amends title XVIII (Medicare) of the Social Security Act to prescribe frequency and payment limits under Medicare part B for screening fecal-occult blood tests, flexible sigmoidoscopies, and colonoscopy.
United States · United States Congress · 13 February 1995
Forest Stewardship Tax Act of 1995 - Amends the Internal Revenue Code to provide for the determination of material participation in timber activities for purposes of passive loss limitations.
United States · United States Congress · 8 February 1995
American Farm Protection Act of 1995 - Amends the Internal Revenue Code to exclude from the gross estate tax the value of land subject to a qualified conservation easement (less the amount of any indebtedness secured by such land). Includes in the gross estate tax the value of each development right retained by the donor in the conveyance of the easement. Makes such tax due upon the disposition of the property. Provides that such land subject to the exclusion will have a carryover basis for purposes of determining gain or loss. Excludes from the gift tax transfers by gift of land subject to a conservation easement. Declares that for purposes of the alternative estate valuation method: (1) a qualified conservation contribution is not a disposition; and (2) land subject to a conservation easement is not disqualified.
United States · United States Congress · 3 February 1995
Amends the Federal judicial code to provide that the official duty station of a retired judge shall be considered his or her home for purposes of certain Internal Revenue Code provisions and regulations. Specifies that reimbursed transportation and subsistence expenses that are paid to a retired judge recalled or designated and assigned to perform judicial duties and that are not allowable as a deduction after the application of such provision, shall be excludable from income under the Code whether or not the judge is required to remain away from his or her official duty station overnight in performing such duties, regardless of the duration of such duties.
United States · United States Congress · 2 February 1995
Agricultural Lands Protection Act of 1995 - Amends the Federal Water Pollution Control Act and the Food Security Act of 1985 to exempt from certain conservation requirements privately-owned crop, range, or pasture lands that have been used for crop production or livestock grazing for at least five of the preceding ten years.
United States · United States Congress · 1 February 1995
Tax Fairness for Agriculture Act of 1995 - Amends the Internal Revenue Code to prohibit agricultural or horticultural organization member dues (limited to a specified amount) from being treated as unrelated business taxable income for purposes of the tax on unrelated business income.
United States · United States Congress · 1 February 1995
Private Property Owners Bill of Rights - Requires Federal agency heads to: (1) comply with applicable State and tribal government laws in implementing and enforcing the Endangered Species Act of 1973 (ESA) and the permitting program for dredged or filled material under the Federal Water Pollution Control Act (FWPCA); (2) administer and implement the Acts in a manner that least affects the private property owners' constitutional and other legal rights; (3) develop and implement rules and regulations for ensuring that such rights are protected when making any final decision that restricts the use of private property; (4) obtain the consent of the property owner and provide appropriate notice before entering privately-owned property in order to collect information on it; and (5) give the property owner an opportunity to review and dispute the data collected before using it to implement or enforce any of the Acts. Amends ESA and FWPCA to provide for administrative appeals of certain actions, including those related to the denial of permits and the imposition of administrative penalties. Entitles a private property owner deprived of 50 percent or more of the fair market value or the economically viable use of a portion of property as a consequence of a final qualified agency action to receive compensation upon request in accordance with specified guidelines. Amends ESA to require the Secretary of the Interior to notify all private property owners or lessees of property subject to a management agreement and provide an appropriate opportunity for their participation in such an agreement when the Secretary enters into it with any non-Federal person establishing restrictions on property use.
United States · United States Congress · 31 January 1995
Amends the Internal Revenue Code to allow the reduction of any tax credit or refund due a taxpayer in order to collect past-due, legally enforceable State tax obligations. Provides for the disclosure of information to States requesting such a reduction.
United States · United States Congress · 31 January 1995
Commercial Aviation Fuel Tax Repeal Act of 1995 - Amends the Internal Revenue Code to repeal the increase in tax on fuel used in commercial aviation scheduled to take effect after September 30, 1995.
United States · United States Congress · 26 January 1995
Bartlett-Chapman-Stockman Assault Weapon Ban Repeal Act - Amends the Federal criminal code and the Violent Crime Control and Law Enforcement Act of 1994 to repeal prohibitions relating to semiautomatic assault weapons and large capacity ammunition feeding devices.
United States · United States Congress · 26 January 1995
Amends the Internal Revenue Code to restore the 25-percent deduction for health insurance costs of self-employed individuals for the taxable year 1994.
United States · United States Congress · 25 January 1995
TABLE OF CONTENTS: Title I: Retirement Savings Incentives Subtitle A: Restoration of IRA Deduction Subtitle B: Nondeductible Tax-Free IRAs Title II: Penalty-Free Distributions Title III: Aid to Families with Dependent Children Savings and Investment Incentive Act of 1995 - Title I: Retirement Savings Incentives - Subtitle A: Restoration of IRA Deduction - Amends the Internal Revenue Code to restore the deduction for individual retirement plans (IRAs). Provides a phase-up of income limits (from 1995 through 1998) with respect to the limitation on the deductibility of contributions to IRAs by active participants in employer-maintained plans. Removes the spousal rule from such limitation. Terminates income limits after December 31, 1998. Provides an inflation adjustment for deductible amounts after 1995. Allows certain spouses a full deduction for contributions to an IRA. Makes certain coins and bullion ineligible as collectible investments for purposes of distributions from an IRA. Coordinates the limit on such deduction with the elective deferral limit under other pension provisions. Subtitle B: Nondeductible Tax-Free IRAs - Allows individuals to establish individual retirement plus (IRA plus) accounts with tax treatment similar to that for individual retirement plans. Makes contributions to such accounts nondeductible. Excludes distributions from such accounts from the gross income of the distributee, if the assets remain in such accounts for at least five years. Allows qualified transfers to be made to such accounts. Establishes penalties for early withdrawals and excess contributions. Title II: Penalty-Free Distributions - Allows distributions from certain retirement plans without penalty to: (1) purchase first homes; (2) pay higher education expenses; (3) pay long-term care insurance premiums; (4) pay financially devastating medical expenses; and (5) assist certain unemployed individuals. Title III: Aid to Families with Dependent Children - Amends part A (Aid to Families with Dependent Children) (AFDC) of title IV of the Social Security Act to exclude from AFDC eligibility determinations certain income and resources that are to be used for education, training, and employability purposes. Requires the Secretary of Health and Human Services to report to specified congressional committees on the use of qualified asset accounts. Requires the Secretary to report to the Congress on a revision of the AFDC limit on automobiles in order to increase the employability of AFDC recipients.
United States · United States Congress · 23 January 1995
Amends the Oil Pollution Act of 1990 to revise general financial responsibility requirements for offshore facilities. Requires responsible parties (except as provided in provisions regarding deepwater ports) to maintain financial responsibility as described by this Act with respect to offshore facilities seaward of the U.S. coastline that are used for drilling for, producing, or processing oil or that have the capacity to transport, store, transfer, or handle more than 1,000 barrels of oil at any one time. Sets the general amount of financial responsibility at $35 million. Provides that if the Secretary of the department in which the Coast Guard is operating determines that an amount of financial responsibility greater than such amount is appropriate based on an assessment of the facility's risk, the amount of financial responsibility required is equal to the lesser of: (1) the amount of liability for oil pollution to which the responsible party could be subjected with respect to the facility in a case in which the party would be entitled to limit liability; or (2) $75 million. Provides that in cases where a person is the responsible party for more than one facility, evidence of responsibility need be established only to meet the maximum liability applicable to the facility having the greatest maximum liability.
United States · United States Congress · 23 January 1995
Amends the Internal Revenue Code to prohibit the imposition of any excise tax on air transportation for the purpose of providing medical care if such transportation is not scheduled and is not along regular routes. (Current tax law refers to such air transportation by helicopter.)
United States · United States Congress · 19 January 1995
Amends title XVIII (Medicare) of the Social Security Act and other Federal law to make any managed health care plan established by the Secretary of Defense in the Military Health Services System eligible for payments by the Secretary of Health and Human Services on behalf of any plan enrollees entitled to Medicare benefits.
United States · United States Congress · 19 January 1995
Amends the Internal Revenue Code to allow a business tax credit for producing crude oil and natural gas from new wells and marginal wells. Provides: (1) a formula for reducing such credit in years in which oil and gas prices increase; and (2) an inflation adjustment for such formula. Allows such credit against the regular and minimum tax.
United States · United States Congress · 19 January 1995
Amends the Internal Revenue Code to provide that in the case of oil and gas wells, the tax treatment which applies to intangible drilling and development costs shall also apply to surface casing costs and to geological and geophysical costs for the purpose of ascertaining the existence, location, extent, or quality of any deposit of oil or gas within the United States or a possession of the United States.
United States · United States Congress · 19 January 1995
Amends the Internal Revenue Code to allow a general business credit for fuels produced from offshore deep-water projects. Allows such credit to offset the minimum tax, with limitations.
United States · United States Congress · 17 January 1995
Amends the Internal Revenue Code to recognize as a tax-exempt organization any legal entity created by a State or political subdivision to establish a risk pool to provide health insurance coverage for certain persons who are unable to obtain private health insurance.
United States · United States Congress · 17 January 1995
Amends the Internal Revenue Code to provide a cost-of-living adjustment for the limitation on the aggregate reduction in the fair market value of qualified real property under the special estate tax valuation rules for certain farm property.
United States · United States Congress · 17 January 1995
Church Retirement Benefits Simplification Act of 1995 - Amends the Internal Revenue Code to recodify and revise qualifications for church retirement and pension plans. Makes employee contributions to such plans nonforfeitable. Requires the plan to meet minimum vesting requirements. Recodifies the authority of a church or a convention or association of churches to be treated as an employer making contributions to retirement income accounts. Subjects church-related hospitals and universities to certain coverage and related rules in the case of a contract purchased by a church. Requires distributions from retirement income accounts provided by churches to be in accordance with distributions under cash or deferred arrangements. Provides for determining the beginning date for such distributions. Allows self-employed ministers and chaplains who work for non-church employers to participate in their church plans. Provides that certain rules aggregating employees do not apply to churches. Restores qualified voluntary employee contributions to church plans. Treats self-employed ministers as employees for purposes of certain welfare benefit plans and retirement income accounts. Allows a deduction for contributions to retirement income accounts by such ministers. Provides that a church plan maintained by more than one employer shall not be treated as a single plan. Provides that accounting methods of deferred compensation plans of State and local governments and tax-exempt organizations do not apply to a church plan. Exempts a church plan from the requirement to maintain separate accounts for medical benefits for key employees. Provides that the special rules for computing employee contributions to pension plans do not apply to certain foreign missionaries. Repeals the elective deferral catch-up limitation for church retirement income accounts. Allows church plans to annuitize benefits and increase benefit payments. Provides that rules for self-insured medical reimbursement plans are not applicable to church plans. Provides that retirement benefits of ministers are not subject to the tax on net earnings from self-employment.
![Official portrait of Rep. McCrery, Jim [R-LA-4]](https://www.congress.gov/img/member/m000388_200.jpg)