United States · United States Congress · 12 December 1995
Requires the Administrator of the Environmental Protection Agency and the Director of the Centers for Disease Control, prior to promulgating a national primary drinking water regulation for sulfate, to jointly conduct additional research to establish a reliable dose-response relationship for the adverse health effects that may result from exposure to sulfate in drinking water. Sets forth provisions regarding: (1) consideration of health effects that may be experienced by groups within the general population, such as infants and travelers, that are potentially at greater risk; (2) the conduct of research in consultation with interested States and based on the best available, peer-reviewed science and supporting studies; and (3) notice, time, and rulemaking requirements for promulgating such standard.
United States · United States Congress · 7 December 1995
Water Supply Infrastructure Assistance Act of 1995 - Directs the Administrator of the Environmental Protection Agency to make grants to States for establishing water supply infrastructure accounts in State water pollution control revolving loan fund programs to provide assistance for the construction, rehabilitation, and improvement of water supply systems. Sets forth specific requirements for grant agreements. Applies certain provisions of the Federal Water Pollution Control Act regarding authorized uses of water pollution control revolving funds, corrective action, and auditing, reporting, and fiscal controls to water supply construction accounts. Sets forth amounts to be allotted to States and U.S. territories. Reserves a specified amount for grants to Indian tribes. Directs the Administrator to develop and submit to the Congress: (1) an estimate of the cost of needed construction, rehabilitation, and improvement of water supply systems in all States; and (2) a study of the economic impact on affected units of government of the cost of installation of water supply systems. Expresses the sense of the Congress that a recipient of assistance under this Act should purchase American-made equipment and products. Directs the Administrator to provide to each recipient of assistance a notice describing such sense of the Congress. Authorizes appropriations.
United States · United States Congress · 7 December 1995
Genetic Information Nondiscrimination in Health Insurance Act of 1995 - Prohibits insurance providers from: (1) denying or canceling health insurance coverage or varying the premiums, terms, or conditions of coverage on the basis of genetic information or on the basis that the individual or family involved has requested or received genetic services; (2) requesting or requiring insured individuals or applicants to disclose genetic information; or (3) disclosing genetic information without prior written authorization. Provides for enforcement by the Secretary of Labor regarding employee health benefit plans and by State insurance commissioners in other cases. Allows a private right of action. Allows a State to establish or enforce requirements only if they are more restrictive than this Act.
United States · United States Congress · 7 December 1995
Restoration of Natural Resources Laws on the Public Lands Act of 1995 - Amends Federal law to repeal the emergency salvage timber sale program. Directs the Secretaries of Agriculture and the Interior to suspend respective activities until they have determined that any such activity complies with applicable environmental and natural resource laws.
United States · United States Congress · 30 November 1995
Repeals a Federal provision limiting salary increases for Federal judges or Supreme Court Justices to those specifically authorized by Act of Congress. Amends the Federal judicial code to make the cost of living adjustments in judicial salaries effective in the first pay period beginning on or after January 1 each year (currently, such adjustments are triggered by General Schedule adjustments).
United States · United States Congress · 30 November 1995
Agricultural Equity Act of 1995 - Directs the Secretary of Agriculture to make price support loans and deficiency payments (excluding oilseeds) through 2002 for wheat, feed grains, rice, upland cotton, and oilseeds. Provides for increased flex acreage. Requires crop insurance as a condition of program eligibility. Directs the Secretary to review the status and future of production agriculture, including development of related legislative proposals.
United States · United States Congress · 29 November 1995
Genetic Privacy and Nondiscrimination Act of 1995 - Establishes limitations with respect to the disclosure and use of genetic information. Prohibits disclosure of genetic information about an individual unless specifically authorized by the individual involved, or the individual's legal representative, through a written authorization which includes a description of the information being disclosed, the name of the individual or entity to whom the disclosure is being made, and the purpose of the disclosure. Allows such a disclosure if it is: (1) authorized under Federal or State criminal laws relating to the identification of individuals, or as is necessary for the purpose of a criminal or death investigation, a criminal or juvenile proceeding, an inquest, or a child fatality review by a multidisciplinary child abuse team; (2) required under the specific order of a Federal or State court; (3) authorized under Federal or State law for the purpose of establishing paternity; (4) intended to furnish genetic information relating to a decedent to the decedent's blood relatives for the purpose of medical diagnosis; or (5) intended for the identification of bodies. (Sec. 5) Prohibits any employer from seeking to obtain, obtaining, or using the genetic information of an employee or a prospective employee, or requiring a genetic test of an employee or prospective employee, to distinguish between or discriminate against or restrict any right or benefit otherwise due or available to the employee or prospective employee. Provides for enforcement of such prohibition through the same powers, procedures, and remedies that are provided to a person alleging a violation under specified provisions of the Civil Rights Act of 1964. (Sec. 6) Prohibits an insurer offering health insurance from using genetic information to reject, deny, limit, cancel, refuse to renew, increase the rates of, or otherwise affect health insurance. Requires, if an insurer requests that an insurance applicant (other than a health insurance applicant) take a genetic test, that: (1) the use of the results of such test be disclosed to the applicant; and (2) the insurer obtain the applicant's specific written authorization for such disclosure. Prohibits an insurer from using such a genetic test as an inducement for the purchase of insurance. (Sec. 7) Directs the National Bioethics Advisory Commission to report to the appropriate congressional committees its recommendations on the development and implementation of appropriate standards: (1) to provide increased protection for the collection, storage, and use of identifiable DNA samples and genetic information obtained from those samples; and (2) for the acquisition and retention of genetic information in all settings, including appropriate exceptions.
United States · United States Congress · 20 November 1995
Amends the Internal Revenue Code to provide for the nonrecognition of gain on sales of stock of a qualified refiner or processor to an eligible farmer's cooperative. Sets forth provisions concerning the determination as to whether any stock in the domestic corporation is a qualified security.
United States · United States Congress · 17 November 1995
Authorizes the Speaker of the House of Representatives and the President pro tempore of the Senate to present, on behalf of the Congress, a gold medal to Billy and Ruth Graham in recognition of their outstanding and enduring contributions toward faith, morality, and charity. Authorizes the Secretary of the Treasury to strike and sell bronze duplicates of such medal. Directs the Secretary to transfer from the Numismatic Public Enterprise Fund to the Library of Congress the amount by which the sum of any gifts and donations received by the Secretary to carry out this Act and any proceeds from the sale of bronze duplicates exceeds the total amount of the costs incurred by the Secretary in carrying out this Act.
United States · United States Congress · 17 November 1995
Prohibits the disbursement of basic pay to a Member of Congress during any period in which: (1) there is a lapse in appropriations for any Federal agency or department as a result of a failure to enact a regular appropriations bill or continuing resolution; or (2) the Government is unable to make payments or meet obligations because the public debt limit has been reached.
United States · United States Congress · 16 November 1995
Repeals a Federal law authorizing the Secretary of the Army to operate the military education and training facility known as the U.S. Army School of the Americas. Authorizes the Secretary to operate the United States Academy for Democracy and Civil-Military Relations (Academy). Requires instruction at the Academy to be provided to civilian and military personnel of Latin American and Caribbean countries through seminars, roundtable discussions, conferences, and a guest instructor program. Directs the Secretary to conduct a thorough screening of potential instructors and students at the Academy for commitment to and respect for democracy and human rights. Requires the Secretary to establish an advisory committee to provide advice on establishing and operating the Academy, as well as the content of its curriculum. Provides Academy funding. States that this Act does not affect the authority to conduct countermine programs at Fort Benning, Georgia, at the School of the Americas in response to a request from the Organization of American States. Directs the Secretary to report to the Congress on Academy achievements after two years of operation. Expresses the sense of the Congress that resources made available to operate the Academy should be commensurate with the total resources that were dedicated to the School of the Americas in FY 1996.
United States · United States Congress · 14 November 1995
Smithsonian Institution Sesquicentennial Commemorative Coin Act - Directs the Secretary of the Treasury to issue five-dollar gold coins and one-dollar silver coins emblematic of the scientific, educational, and cultural significance of the Smithsonian Institution. Mandates that: (1) all but a certain portion of surcharges received from coin sales be paid by the Secretary to the Smithsonian Institution for such purposes as its Board of Regents determines to be appropriate; and (2) a certain portion of such surcharges be dedicated to supporting the operation and activities of the National Numismatic Collection at the National Museum of American History.
United States · United States Congress · 14 November 1995
Prohibits the Secretary of the Treasury from using amounts held in the Federal Old-Age and Survivors Insurance Trust Fund, the Federal Disability Insurance Trust Fund, or any of the railroad retirement funds and accounts for any purpose other than paying benefits and related administrative expenses from such fund. Authorizes the Secretary to invest amounts credited to any such fund in accordance with normal operating procedures as otherwise provided by law.
United States · United States Congress · 9 November 1995
Citizen Congress Act - Makes Members of Congress (Members) ineligible to participate in the Civil Service Retirement System (CSRS) or the Federal Employees' Retirement System (FERS) except as otherwise provided under this Act. Allows Members to participate in the Thrift Savings Plan. Permits refunds to be made in accordance with otherwise applicable law on account of an individual becoming ineligible to participate in CSRS or FERS as a result of this Act's enactment (provides that, for purposes of any such refund, a Member who becomes ineligible to participate in either of the retirement systems shall be treated as if separated from service). Sets forth provisions regarding: (1) annuities; and (2) preservation of rights based on prior service. (Sec. 3) Amends the Legislative Branch Appropriations Act, 1965 to provide for the disclosure of information necessary to enable the public to accurately compute the Federal retirement benefits of each Member based on various assumptions of years of service and age of separation from service by reason of retirement. (Sec. 4) Eliminates for Members automatic: (1) annuity cost-of-living adjustments; and (2) pay adjustments under the legislative Reorganization Act of 1946. (Sec. 6) Requires a roll call vote for any matter relating to congressional pay. (Sec. 7) Permits any travel award that accrues by reason of official travel of a House Member, officer, or employee to be used only for official travel. (Sec. 8) Expresses the intent of the Congress that a Member or Member-elect may not mail any mass mailing as franked mail. (Sec. 9) Prohibits a Member from receiving transportation in an aircraft of the Military Air Command unless: (1) the transportation is provided on a space-available basis as part of the aircraft's scheduled operations; (2) the use of the aircraft is necessary because the Member's destination or an airfield located within reasonable distance thereof is inaccessible by regularly scheduled flights of commercial aircraft; or (3) such use is the least expensive method for the Member to reach the destination by aircraft. (Sec. 10) Bars a Member from receiving medical or dental care in a facility of any uniformed service unless: (1) such Member is eligible or entitled to such care as a member or former member of a uniformed service or as a covered beneficiary; or (2) such care is provided on an emergency basis unrelated to the person's status as a Member. (Sec. 11) Prohibits the Metropolitan Washington Airports Authority from providing reserved parking areas free of charge to Members, other Government officials, or diplomats at Washington National Airport or Washington Dulles International Airport. Directs such Authority to establish a parking policy for such airports that provides equal access to the public and does not provide preferential parking privileges to such individuals.
United States · United States Congress · 9 November 1995
Amends rule XIV of the Rules of the House of Representatives to require expenses of any special-order speech to be paid from the Members Representational Allowance of the Member making such speech.
United States · United States Congress · 8 November 1995
TABLE OF CONTENTS: Title I: Budget Process Reform Title II: Item Veto and Enhanced Rescission Authority Chapter A: Line-Item Veto Act Chapter B: Enhanced Rescission Authority Title III: General Provisions Budget Enforcement Simplification Trust Act - Title I: Budget Process Reform - Amends the Congressional Budget Act of 1974 (CBA) to revise definitions. (Sec. 102) Amends the CBA to revise the timetable with respect to the congressional budget process from a single fiscal year basis to a biennium. (Sec. 103) Amends the Congressional Budget and Impoundment Control Act of 1974 (CBICA) to require biennial adoption (on each odd-numbered year) of a joint budget resolution, with specified contents. (Sec. 104) Revises the CBA with respect to committee allocations. Provides procedures for contingency reserve funds for natural disasters. (Sec. 105) Provides for a backstop budget resolution. Makes binding for upcoming biennial budget years the amounts and caps established in the most recently enacted joint budget resolution as if they had been enacted for such upcoming years, if a joint resolution on the budget has not yet been enacted by May 15 of any odd numbered year. (Sec. 106) Provides for revisions to joint budget resolutions and spending caps. (Sec. 107) Revises budget enforcement provisions with respect to: (1) enforced spending caps; (2) reporting excess spending; (3) Presidential orders to eliminate excess spending; (4) enforcing discretionary spending limits; (5) enforcing direct spending limits; and (6) certain exempt programs and activities. Establishes special rules for sequestration orders relating to: (1) child support enforcement programs; (2) the Commodity Credit Corporation; (3) regular and extended unemployment compensation; (4) the Federal Employees Health Benefit Fund; (5) the Federal Housing Finance Board; (6) pay for Federal personnel; (7) Medicare; (8) the Postal Service Fund; (9) Department of Energy power marketing administration funds or the Tennessee Valley Authority fund; and (10) businesslike transactions. Sets forth provisions with respect to the current law baseline. Requires the Directors of the Congressional Budget Office and of the Office of Management and Budget to report to the President and the Congress budget baselines for the budget year and at least the subsequent nine fiscal years. Sets forth pay-as-you-go provisions, including: (1) deficit neutral revenue legislation; (2) downward adjustment of spending caps; (3) expiration of tax cuts; and (4) a supermajority required for a waiver. Title II: Item Veto and Enhanced Rescission Authority - Chapter A - Line Item Veto Act - Grants the President legislative line item veto rescission authority. (Sec. 202) 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 an appropriations Act providing such budget authority or a revenue or reconciliation Act containing a targeted tax benefit. Allows the President in each special message to propose to reduce the appropriate discretionary spending limit by an amount that does not exceed the total amount of discretionary budget authority rescinded by that message. Requires the President to submit a separate special message for each appropriations Act and for each revenue or reconciliation Act. Authorizes the President to rescind, under the terms of this Act, all or part of any unobligated discretionary budget authority provided by any FY 1996 appropriation Act, if the President notifies the Congress of such rescission by a special message not more than ten calendar days (excluding Sundays) after the date of enactment of this Act. (Sec. 203) Makes such a rescission effective unless the Congress enacts a rescission-receipts disapproval bill. (Sec. 205) Specifies: (1) information to be included in the President's message; and (2) procedures to govern consideration of rescission-receipts disapproval legislation in the Senate and the House of Representatives. (Sec. 206) Requires the Comptroller General to report annually to the Congress: (1) a list of each proposed presidential rescission of discretionary budget authority and veto of a targeted tax benefit submitted through special messages for the fiscal year ending during the preceding calendar year, together with their dollar value, and an indication of whether each rescission of discretionary budget authority or veto of a targeted tax benefit was accepted or rejected by Congress; (2) the total number of proposed presidential rescissions of discretionary budget authority and vetoes of a targeted tax benefit submitted through special messages for the fiscal year ending during the preceding calendar year, together with their total dollar value; (3) the total number of presidential rescissions of discretionary budget authority or vetoes of a targeted tax benefit submitted through special messages for the fiscal year ending during the preceding calendar year and approved by Congress, together with their total dollar value; (4) a list of rescissions of discretionary budget authority initiated by Congress for the fiscal year ending during the preceding calendar year, together with their dollar value, and an indication of whether each such rescission was accepted or rejected by Congress; (5) the total number of rescissions of discretionary budget authority initiated and accepted by Congress for the fiscal year ending during the preceding calendar year, together with their total dollar value; and (6) a summary of the information provided by paragraphs (2), (3), and (5) for each of the ten fiscal years ending before the fiscal year during this calendar year. (Sec. 207) Provides a process of expedited judicial review of provisions of this Act. Chapter B: Enhanced Rescissions - Amends CBICA to provide for expedited consideration of certain proposed rescissions and targeted tax benefits. Makes conforming amendments to CBA. Title III: General Provisions - Sets forth transition rules, effective dates, and conforming amendments. (Sec. 304) Amends Federal law relating to money and finance to add a definition of budget biennium and to revise provisions relating to: (1) budget contents and submission to the Congress; (2) estimated expenditures of legislative and judicial branches; (3) recommendations to meet estimated deficiencies; (4) a statement with respect to certain changes; (5) capital investment analysis; (6) supplemental budget estimates and changes; (7) year-ahead requests for authorizing legislation; and (8) budget information on consulting services. (Sec. 305) Provides that: (1) in the event that any of the provisions of chapter A (Line Item Veto Act) of title II are invalidated by judicial action, all provisions of such chapter are invalidated; and (2) immediately upon a final determination invalidating chapter A of title II, chapter B (Enhanced Rescissions) of title II shall become effective.
United States · United States Congress · 2 November 1995
Travel and Tourism Partnership Act of 1995 - Establishes the National Tourism Board to develop a national travel and tourism strategy for increasing U.S. travel and tourism. Establishes the National Tourism Organization as a non-Federal non-profit organization to implement the national travel and tourism strategy. Directs the Secretary of State and the Director of the United States Information Agency (USIA) to: (1) place priority on implementing recommendations by the National Tourism Board; and (2) cooperate with the National Tourism Organization. Authorizes the President to transfer up to 25 staff members of the United States Travel and Tourism Administration to the Foreign Service or the Commercial Service for two years to assist the Organization in its start-up activities. Amends the Export Enhancement Act of 1988 to require the Trade Promotion Coordinating Committee's (TPCC) Federal trade promotion plan to reflect, among other things, recommendations by the National Tourism Board. Makes the President of the National Tourism Organization a member of the TPCC.
United States · United States Congress · 31 October 1995
TABLE OF CONTENTS: Title I: House of Representatives Election Spending Limits and Benefits Title II: Reduction of Special Interest Influence Subtitle A: Elimination of Political Action Committees From Federal Election Activities Subtitle B: Provisions Relating to Soft Money of Political Parties Subtitle C: Soft Money of Persons Other Than Political Parties Subtitle D: Contributions Subtitle E: Additional Prohibitions on Contributions Subtitle F: Independent Expenditures Title III: Miscellaneous Provisions Bipartisan Clean Congress Act of 1995 - Title I: House of Representatives Election Spending Limits and Benefits - Amends the Federal Election Campaign Act of 1971 to make candidates for election to the House of Representatives eligible to receive benefits under this Act if they declare that they will not exceed expenditure or contribution limits. Sets forth expenditure limits of $600,000 by a candidate and authorized committees, allowing additional expenditures for runoffs and contested primaries. Provides for complying candidates running against noncomplying candidates. Entitles eligible candidates to receive certain broadcast media rates and reduced postage rates. Provides for Federal Election Commission certification of whether a candidate is eligible. Mandates repayment of benefits not used as required and civil penalties for excessive expenditures. (Sec. 102) Amends the Communications Act of 1934 to: (1) modify broadcast media candidate rate requirements; and (2) regulate rates for eligible House candidates. Regulates preemption. Changes the circumstances in which a station license may be revoked for failure to allow candidate access. Conditions new licenses and renewal on agreement to abide by these provisions. (Sec. 103) Amends Federal law to require postal rates for third class mail sent by eligible House candidates to be the same as for qualified nonprofit organizations. (Sec. 104) Amends the Federal Election Campaign Act of 1971 to set contribution limits for eligible House candidates. (Sec. 105) Sets forth expenditure reporting requirements. Title II: Reduction of Special Interest Influence - Subtitle A: Elimination of Political Action Committees From Federal Election Activities - Amends the Federal Election Campaign Act of 1971 to prohibit, notwithstanding any other provision of the Act, any person other than an individual or a political committee from making contributions, soliciting or receiving contributions, or making expenditures to influence a Federal office election. Defines "political committee" to mean: (1) a candidate's principal campaign committee; (2) any national, State, or district political party committee; (3) certain local political party committees; and (4) combinations of a candidate's and a party's committees. Removes provisions that currently include in the definition of "contribution or expenditure" the establishment, administration, and solicitation of contributions to a separate political fund by a corporation, labor organization, membership organization, cooperative, or corporation without capital stock. Modifies the circumstances in which a political committee that has supported more than one candidate may be designated as an authorized committee. Restricts the political committees that may be financed or controlled by any Federal office holder or candidate. Repeals provisions limiting multicandidate political committee contributions to candidates and their authorized political committees. (Sec. 202) Limits the aggregate amount of large contributions to congressional campaigns. (Sec. 203) Limits to $100 the aggregate contributions by a lobbyist with respect to any Federal office election. Subtitle B: Provisions Relating to Soft Money of Political Parties - Prohibits political party national committees and any entity established, financed, or controlled by them from soliciting or receiving contributions or spending funds not subject to this Act. Requires amounts spent by a political party committee that might affect a Federal election (including voter registration, get-out-the- vote activity, generic campaign activity, and communications that identify a Federal candidate) to be made from funds subject to this Act. Prohibits political party committees from soliciting funds for or making donations to any organization that is tax exempt under section 501(c) of the Internal Revenue Code. Prohibits any Federal office holder or candidate and their agents from soliciting or receiving funds: (1) in connection with a Federal election unless the funds are subject to this Act; or (2) to be spent in connection with a non-Federal election unless the funds are not in excess of amounts permitted to Federal candidates and committees under provisions of this Act and are not from sources prohibited by this Act for Federal elections. Prohibits Federal office holders or candidates from having certain relationships with or taking certain actions regarding any organization described in section 501(c) of the Internal Revenue Code. (Sec. 212) Imposes or modifies political committee reporting requirements. (Sec. 213) Removes the exclusion of office facility construction or purchase contributions from the definition of "contribution." Subtitle C: Soft Money of Persons Other Than Political Parties - Imposes reporting requirements on disbursements over $2,000 by a person other than a political party committee or a candidate. Subtitle D: Contributions - Revises requirements regarding contributions made through an intermediary or conduit. Subtitle E: Additional Prohibitions on Contributions - Requires that 60 percent of contributions to a congressional campaign from individuals come from individuals legally residing in the candidate's State. Subtitle F: Independent Expenditures - Revises the definition of "independent expenditure." Declares that any expenditure that contains express advocacy and does not qualify as an independent expenditure is a contribution. (Sec. 252) Imposes reporting requirements relating to independent expenditures. Title III: Miscellaneous Provisions - Modifies or creates requirements regarding: (1) the use of contributions for campaign vs. personal expenses; (2) campaign advertising disclosures regarding who paid for and authorized the advertising; (3) the filing of designations, statements, and reports in electronic form and by facsimile machine; (4) random audits and investigations; (5) the filing of certain reports for the election cycle rather than for the calendar year; (6) reporting and recordkeeping regarding personal or consulting service expenditures; (7) the use of candidates' names by authorized, unauthorized, and party committees; (8) the monthly filing of certain reports, "best efforts" by a treasurer to comply with requirements, and Commission waiver of requirements; (9) filing of statements of organization; (10) the Commission's authority to appear in actions related to its duties or powers; (11) exclusive Commission action on committee insolvency; (12) promulgation of regulations to prohibit devices or arrangements to undermine or evade certain provisions of the Act; (13) limiting Commission members to one term; (14) the authority of the Commission to seek injunctions; and (15) administrative and judicial procedures. (Sec. 316) Amends the Legislative Branch Appropriations Act, 1991 to replace House of Representatives mass mailings provisions with provisions establishing an Official Mass Mailing Allowance for Members of the House of Representatives. Modifies Member mail allowance requirements and prohibits certain transfers from other Member accounts. (Sec. 318) Declares that it is the intent of the Congress that any funds realized by provisions of this Act establishing the Mass Mailing Allowance shall be designated to pay for benefits provided by provisions of this Act relating to postal rates for third class mail sent by eligible House candidates. (Sec. 320) Provides for expedited and mandatory Supreme Court review of any appeal of any interlocutory order or final court action on the constitutionality of any provision of this Act.
United States · United States Congress · 30 October 1995
Agricultural Contract Sanctity Act of 1995 - Amends the Agricultural Trade Act of 1978 to: (1) eliminate certain agricultural export sales reporting requirements; and (2) prohibit the President from taking actions to curtail or prohibit agricultural exports without majority approval of the Senate and the House of Representatives. Provides fast track referral and procedures for any related bill to disapprove or modify a proposed curtailment or modification.
United States · United States Congress · 30 October 1995
Amends rule LI of the Rules of the House of Representatives to replace provisions governing employment practices with provisions that prohibit a House Member, officer, or employee from knowingly accepting a gift except as provided in this Act. Allows such individual to accept a gift (other than cash or cash equivalent) which he or she reasonably and in good faith believes to have a value of less than $50 and a cumulative value from one source during a calendar year of less than $100. Provides that no gift with a value below ten dollars shall count towards the $100 annual limit. Considers a gift to a family member to be a gift to such Member, officer, or employee if given with his or her knowledge and acquiescence and if he or she has reason to believe that the gift was given because of his or her official position. Treats only the food and refreshment provided to such Member, officer, or employee as a gift if food and refreshment are also provided at the same time and place to such individual's spouse or dependent. Includes among exempted items: (1) contributions lawfully made under the Federal Election Campaign Act, a limited contribution for election to a State or local government office under such Act, or attendance at a fund raising event sponsored by a political organization; (2) anything provided on the basis of a personal friendship unless such Member, officer, or employee has reason to believe that the gift was provided because of his or her official position; (3) otherwise lawful contributions to such individual's legal expense fund; (4) food, refreshments, lodging, and other benefits which result from the outside business or employment activities of such Member, officer, or employee or spouse if such benefits have not been offered or enhanced because of such individual's official position, which are customarily provided by a prospective employer in connection with bona fide employment discussions, or which are provided by a political organization in connection with a fund raising or campaign event; (5) training that is the House's interest; (6) a gift of personal hospitality of an individual other than a registered lobbyist or agent of a foreign principal; and (7) certain other opportunities and benefits provided to the public or to Government employees generally. Establishes conditions under which such Member, officer, or employee may accept an offer of free attendance at a convention, dinner, or similar event. Prohibits the acceptance of a gift exceeding $250 on the basis of the personal friendship exception unless the Committee on Standards of Official Conduct issues a written determination that such exception applies. Provides that certain reimbursements to such Member, officer, or employee for travel expenses to an event in connection with official duties shall not be considered to be gifts if advance authorization is received and the reimbursements and authorization are disclosed within a specified time period. Declares that activities that are substantially recreational in nature shall not be considered to be in connection with official duties. Includes as prohibited gifts to such Member, officer, or employee from a registered lobbyist or an agent of a foreign principal: (1) anything provided to an entity that is maintained or controlled by such Member, officer, or employee; (2) a charitable contribution made on the basis of such Member's, officer's, or employee's specification, with the exception of a mass mailing or other solicitation directed to a broad category of persons or entities; (3) a contribution or other payment to such Member's, officer's, or employee's legal expense fund; and (4) a financial contribution or expenditure made relating to a conference or similar event sponsored by, or affiliated with, an official congressional organization for, or on behalf of, such Members, officers, or employees. Provides that a charitable contribution made by a registered lobbyist or agent in lieu of an honorarium to such Member, officer, or employee shall not be considered a gift under this Act if such Member, officer, or employee reports to the Clerk of the House the name and address of the registered lobbyist, the date and amount of the contribution, and the name and address of the designated or recommended charitable organization. Declares that such rules shall be interpreted and enforced solely by the Committee on Standards of Official Conduct. Amends rule X to revise the functions of the Committee on House Oversight to include accepting a gift for the House if such gift does not involve any duty, burden, or condition or is not made dependent upon some future performance by the House.
United States · United States Congress · 25 October 1995
Family Farm Empowerment Act of 1995 - Amends the Agricultural Act of 1949 (Act) to provide nonrecourse marketing loans through 2002 for wheat, feed grains, rice, upland cotton, and oilseeds. Requires repayment at the lower of the loan rate or the prevailing domestic market price. Authorizes marketing loan deficiency payments for producers who forgo obtaining such loans. Provides for a total acreage base for such crops. Makes conforming amendments to certain price support programs. Eliminates acreage reduction programs for wheat, feed grains, cotton, and rice. Amends the Disaster Assistance Act to extend funding obligations for the cottonseed and sunflower oil export programs. Amends the Agricultural Adjustment Act of 1938 and the Act to suspend specified permanent price support provisions for wheat, feed grains (including silage), and oilseeds. Amends the Food Security Act of 1985 to replace the three-entity rule (consideration as separate entities for limitations purposes) with a direct attribution rule (based upon ownership percentage).
United States · United States Congress · 25 October 1995
Former Speakers Privilege Reform Act of 1995 - Repeals provisions of H. Res. 1238, 91st Congress, thus terminating certain entitlements of former Speakers of the House of Representatives, such as: (1) retention of a Federal office (furnished and maintained by the Government) in the Member's congressional district after his or her expired term in office; (2) an allowance for payment of office and other expenses or administration of matters pertaining to incumbency in office as Representative and Speaker; (3) franked mail and printing privileges; and (4) staff assistance in connection with the administration, settlement, and conclusion of matters pertaining to, or arising out of, his or her incumbency in such office.
United States · United States Congress · 25 October 1995
TABLE OF CONTENTS: Title I: Energy, Natural Resources and Environment Subtitle A: Energy Subtitle B: Central Utah Subtitle C: Army Corps of Engineers Subtitle D: Helium Reserve Subtitle E: Territories Title II: Agricultural Programs Subtitle A: Extension and Modification of Various Commodity Programs Subtitle B: Sugar Subtitle C: Peanuts Subtitle D: Tobacco Subtitle E: Planting Flexibility Subtitle F: Miscellaneous Provisions Title III: Commerce Title IV: Transportation Title V: Housing Provisions Title VI: Indexation and Miscellaneous Entitlement-Related Provisions Title VII: Medicaid Reform Subtitle A: Per Capita Spending Limit Subtitle B: Medicaid Managed Care Subtitle C: Additional Reforms of Medicaid Acute Care Program Subtitle D: National Commission on Medicaid Restructuring Subtitle E: Restrictions on Disproportionate Share Payments Subtitle F: Fraud Reduction Title VIII: Medicare Subtitle A: Medicare Choice Program Subtitle B: Provisions Relating to Regulatory Relief Subtitle C: Medicare Payments to Health Care Providers Subtitle D: Provisions Relating to Medicare Beneficiaries Subtitle E: Medicare Fraud Reduction Subtitle F: Improving Access to Health Care Subtitle G: Other Provisions Subtitle H: Monitoring Achievement of Medicare Reform Goals Subtitle I: Lock-Box Provisions for Medicare Part B Savings from Growth Reductions Subtitle J: Clinical Laboratories Title IX: Welfare Reform Subtitle A: Temporary Employment Assistance Subtitle B: Make Work Pay Subtitle C: Work First Subtitle D: Family Responsibility and Improved Child Support Enforcement Subtitle E: Teen Pregnancy and Family Stability Subtitle F: SSI Reform Subtitle G: Food Assistance Subtitle H: Treatment of Aliens Subtitle I: Earned Income Tax Credit Title X: Reductions in Corporate Tax Subsidies and Other Reforms Subtitle A: Tax Treatment of Expatriation Subtitle B: Modification to Earned Income Credit Subtitle C: Alternative Minimum Tax on Corporations Importing Products into the United States at Artificially Inflated Prices Subtitle D: Tax Treatment of Certain Extraordinary Dividends Subtitle E: Foreign Trust Tax Compliance Subtitle F: Limitation on Section 936 Credit Title XI: Veterans' Affairs Subtitle A: Permanent Extension of Temporary Authorities Subtitle B: Other Matters Subtitle C: Health Care Eligibility Reform Title XII: Legislative Branch Title XIII: Miscellaneous Provisions Title XIV: Budget Process Provisions Subtitle B(sic): Discretionary Spending Limits Subtitle C: Pay-As-You-Go Procedures Subtitle D: Miscellaneous Subtitle E: Deficit Control Subtitle F: Line Item Veto Subtitle G: Enforcing Points of Order Subtitle H: Deficit Reduction Lock-box Subtitle I: Emergency Spending; Baseline Reform; Continuing Resolutions Reform Subtitle J: Technical and Conforming Amendments Subtitle K: Truth in Legislating Common Sense Balanced Budget Act of 1995 - Title I: Energy, Natural Resources and Environment - Subtitle A: Energy - Amends the Atomic Energy Act of 1954 to exclude from the definition of "production facility" the construction and operation of a uranium enrichment facility using Atomic Vapor Laser Isotope Separation (AVLIS) technology (thus making such a facility eligible for one-step licensing). (Sec. 1101) States that one purpose of this Act is to ensure that privatization of the U. S. Enrichment Corporation (USEC) does not result in any adverse effects on the pension benefits of employees at facilities that are operated in the performance of functions vested in USEC. Declares that USEC shall abide by the terms of the collective bargaining agreement in effect on the privatization date at each individual facility. Permits employees who transfer to USEC from other Federal employment to transfer their accrued retirement benefits to a USEC retirement system, or to retain their coverage under their existing Federal plan. Terminates USEC's status as the exclusive marketing agent for the United States for entering into contracts for providing enriched uranium and uranium enrichment and related services. Declares that the privatization of USEC shall not affect the terms, rights, or obligations of the parties to any power purchase contracts. Sets forth the effects of the transfer of uranium enrichment contracts. Declares that the United States shall remain obligated on those contracts during their term. States that USEC shall establish prices for its products, materials, and services on a profit-making basis. Prescribes guidelines under which the Department of Energy (DOE) shall accept responsibility for the treatment, disposal and storage of low-level radioactive waste and mixed waste. States that, as of the privatization date, all liabilities and any judgment against the Corporation attributable to the operation of the USEC from the transition date to the privatization date shall be direct liabilities of, and judgments against, the United States. Authorizes the Secretary of Energy to transfer raw and enriched uranium to USEC before the privatization date without charge. Prescribes guidelines under which: (1) USEC is authorized to establish a private corporation to implement the privatization of USEC; and (2) USEC privatization may be implemented by means of a transfer of assets and liabilities to such corporation and a merger or consolidation with it. Prohibits the Secretary from allowing the privatization of USEC by means of a public offering unless the Secretary determines that the estimated gross proceeds from the USEC sale will be an adequate amount. Limits to ten percent of the total votes of all outstanding USEC voting securities the number of securities any person may acquire or hold, directly or indirectly, during the three years following any privatization by means of a public offering. Provides that the proceeds to the U.S. Government from privatization shall be included in the budget baseline and be counted as an offset to direct spending. Mandates termination of any USEC license if privatization results in its being owned, controlled or dominated by a foreign entity or otherwise inimical to the security of the United States. Precludes USEC from implementing the privatization plan less than 60 days after the date that the Comptroller General presents an evaluation of the plan to the Congress. Provides for periodic certification of USEC by the Nuclear Regulatory Commission upon privatization. Authorizes the licensing of Corporation facilities using AVLIS technologies for uranium enrichment. (Sec. 1102) Amends the Omnibus Budget Reconciliation Act of 1990 to repeal the termination date for Nuclear Regulatory Commission authority to assess annual charges (thus making such authority permanent). (Sec. 1103) Amends the National Energy Conservation Policy Act to repeal the exclusion of cogeneration process from the definition of "energy savings". (Sec. 1104) Authorizes the Director of the Federal Emergency Management Agency to assess and collect radiological emergency preparedness fees. Subtitle B: Central Utah - Amends the Central Utah Project Completion Act to direct the Secretary of the Interior to allow for prepayment of a specified repayment contract with the Central Utah Water Conservancy District regarding municipal and industrial water delivery facilities. Subtitle C: Army Corps of Engineers - Establishes the Army Civil Works Regulatory Program Fund as a repository for certain regulatory fees established by the Secretary of the Army. Subtitle D: Helium Reserve - Helium Act of 1995 - Amends the Helium Act to authorize the Secretary of the Interior to: (1) enter into agreements with private parties for the recovery and disposal of helium on Federal lands; (2) grant leasehold rights to such helium; (3) store, transport, and sell crude helium; and (4) maintain and operate existing crude helium storage at the Bureau of Mines Cliffside Field. Directs the Secretary to: (1) cease producing, refining, and marketing refined helium; and (2) dispose of all facilities, equipment, and Federal property interests relating to refined helium activities. Requires the Secretary to impose fees for helium storage, withdrawal, or transportation services. Prescribes guidelines for: (1) the purchase of helium by Federal agencies from certain private persons; and (2) the sale of crude helium by the Secretary. Prohibits the Secretary from making crude helium sales in amounts that will disrupt the crude helium market price. Mandates that proceeds from helium sales be paid to the Treasury. Identifies circumstances under which the Secretary must meet a certain deadline for the elimination of helium stockpiles. Repeals the Secretary's authority to borrow under the Helium Act. Subtitle E: Territories - Terminates annual direct financial assistance to the Government of the Northern Mariana Islands. Title II: Agricultural Programs - Agricultural Reconciliation Act of 1995 - Subtitle A: Extension and Modification of Various Commodity Programs - Amends the Agricultural Act of 1949 (Act) to extend loan, payment, and acreage reduction programs for wheat (including the food security wheat reserve), feed grains, cotton (including cottonseed and cottonseed oil), and rice. Extends loan and payment programs for oilseeds. (Sec. 2106) Revises specified wheat, feed grains, upland cotton, and rice deficiency payment provisions (flex acres and 50-85 and 0-85 programs). Subtitle B: Sugar - Amends the Agricultural Act of 1949 to extend and set forth sugar price support provisions. Establishes the sugarcane target price at 18 cents per pound. Subtitle C: Peanuts - Amends the Agricultural Act of 1949 to extend the peanut price support program. (Sec. 2302) Amends the Agricultural Adjustment Act of 1938 to extend and revise peanut national poundage quota and acreage allotment provisions, including specified provisions regarding Texas and New Mexico. (Sec. 2303) Revises sale, lease, or transfer of farm poundage quota provisions. Provides for: (1) quota transfers to other self-owned farms within the same State; and (2) quota sales within a State having quotas of 10,000 tons or more. (Sec. 2304) Subjects reentered (after export) peanut products made from additional peanuts to specified marketing penalties. (Sec. 2305) Amends the Agricultural Act of 1949 to limit price support rate increases or decreases. Establishes a special rule regarding New Mexico pools. Requires that all domestic and export peanuts comply with specified quality standards. (Sec. 2306) Requires an annual quota peanut producer referendum regarding the poundage quota. Subtitle D: Tobacco - Amends the Agricultural Act of 1949 to extend tobacco marketing assessment authority. States that such fees shall be used to pay for other tobacco programs not covered by user fees or other specified assessments or contributions. (Sec. 2402) Amends the Agricultural Adjustment Act of 1938 to revise farm acreage allotment and marketing quota reduction provisions. (Sec. 2403) Makes a specified farm reconstitution provision applicable to burley (burley) tobacco. (Sec. 2404) Reduces a certain percentage threshold regarding disaster-transfer of flue-cured (flue-cured) tobacco quotas. (Sec. 2405) Amends the Agricultural Act of 1949 to expand the tobacco types subject to no net cost assessment. (Sec. 2406) Amends the Tobacco Adjustment Act of 1938 to repeal certain tobacco export reporting requirements. (Sec. 2407) Amends the Agricultural Adjustment Act of 1938 to repeal certain flue-cured and burley marketing quota reduction provisions. (Sec. 2408) Amends the Tobacco Inspection Act to provide for civil penalties and cease and desist orders for violations of such Act. Grants U.S. district courts jurisdiction in such matters. (Sec. 2409) Amends the Agricultural Adjustment Act of 1938 to permit flue-cured or other tobacco quota or allotment transfers across within-State county lines if approved by producer referendum. Eliminates certain burley quota transfer provisions for Tennessee and Virginia. (Sec. 2410) Eliminates certain tobacco exports from flue-cured and burley national marketing quota calculations. (Sec. 2412) Revises certain burley marketing quota lease and transfer provisions. (Sec. 2413) Increases maximum acreage transfers. (Sec. 2414) States that performance rendered in good faith reliance upon Department of Agriculture advice or actions may be accepted as meeting appropriate marketing quota requirements. (Sec. 2415) Harmonizes certain flue-cured and burley sales dates. (Sec. 2416) Authorizes a recent farm purchaser to sell burley or flue-cured marketing quotas within one year of such purchase. Subtitle E: Planting Flexibility - Amends the Agricultural Act of 1949 to state that a farm's total acreage base shall equal the sum of the farm's acreage bases for acreage reduction enrolled crops. (Sec. 2503) Revises planting flexibility provisions. (Sec. 2504) Bases 1996 through 2002 farm program payment yields on the 1995 crop year. Subtitle F: Miscellaneous Provisions - Amends the Food Security Act of 1985 to reduce the maximum amount of deficiency and land diversion payments. (Sec. 2602) Expresses the sense of the Congress that the Secretary of Agriculture and the United States Trade Representative should intensify efforts to resolve the Canadian potato trade concerns and to begin to consider dispute resolution actions under the North American Free Trade Agreement or the General Agreement on Tariffs and Trade. Title III: Commerce - Amends the Communications Act of 1934 (the Act) to state that certain competitive bidding requirements shall not apply to licenses or construction permits issued by the Federal Communications Commission (FCC): (1) that, as the result of the FCC carrying out specified obligations, are not mutually exclusive; (2) for public safety radio services, including non-Government uses that protect the safety of life, health, and property and that are not made commercially available to the public; or (3) for initial licenses or construction permits for new terrestrial digital television (TV) services assigned by the FCC to existing terrestrial broadcast licensees to replace their current TV licenses. Extends through FY 2002 the authority of the FCC to grant such licenses or permits. Requires the FCC to complete all actions necessary to permit the assignment, by September 30, 2002, by competitive bidding of licenses for the use of bands of frequencies that: (1) individually span not less than 25 megahertz (mhz.), unless a combination of smaller bands can reasonably be expected to produce greater receipts; (2) in the aggregate, span not less than 100 mhz.; (3) are located below three gigahertz (ghz.); and (4) as of this Act's enactment date, have not been designated by FCC regulation for assignment or identified by the Secretary of Commerce pursuant to provisions of the National Telecommunications and Information Administration Organization Act (NTIAO Act). Directs the FCC to conduct the competitive bidding for not less than one-half of such aggregate spectrum by September 30, 2001. Requires the FCC, in making available bands of frequencies for competitive bidding, to: (1) seek to promote the most efficient use of the spectrum; (2) take into account the cost to incumbent licensees of relocating existing uses to other bands of frequencies or other means of communication and the needs of public safety radio services; and (3) comply with the requirements of international agreements concerning spectrum allocations. Directs the FCC to notify the Secretary if the FCC: (1) is not able to provide for the effective relocation of incumbent licensees to bands of frequencies that are available to the FCC for assignment; and (2) has identified bands of frequencies that are suitable for the relocation of such licensees and that are allocated for Federal Government use but that could be reallocated pursuant to the NTIAO Act. Amends the NTIAO Act to require the Secretary, upon receiving a notice from the FCC pursuant to this Act, to prepare and submit to the President and the Congress a report recommending for reallocation for use other than by Federal Government stations bands of frequencies that are suitable for the uses identified in the FCC's notice. Requires the FCC to commence the Broadband Personal Communications Services C-Block auction (described in the FCC's Sixth Report and Order) not later than December 4, 1995. Ratifies and adopts the FCC's competitive bidding rules governing such auction. Sets forth or revises provisions regarding: (1) modification of auction policy to preserve the auction value of the spectrum; (2) identification and reallocation of auctionable frequencies; and (3) allocation and assignment of frequencies identified in the second reallocation report. (Sec. 3102) Amends the Act to direct the FCC, for FY 1996 and thereafter, to modify the application fees so that total collections for the fiscal year equal $40 million plus the amount of necessary expenses for costs related to application processing which exceeds $40 million. Directs the FCC to notify the Congress of any proposed and adopted modifications. Requires $40 million from FCC application fees to be deposited into the Treasury and used for application processing and related expenses of the FCC. Revises the schedule of application fees for personal communications services and amateur vanity call signs under the Act. Specifies that moneys received from fees established under this section shall be deposited as an offsetting collection in, and credited to, the account providing appropriations to carry out FCC functions. Sets forth or revises provisions regarding: (1) recovery of executive and legal costs incurred by the FCC; (2) establishment and adjustment of fees; (3) regulatory fees for satellite TV operations; and (4) governmental entities use for common carrier purposes. Directs the FCC to: (1) develop accounting systems for making adjustments authorized by the Act; and (2) annually prepare and submit to the Congress an analysis of such systems and afford interested persons the opportunity to submit comments concerning the allocation of costs, the application, and regulatory fee adjustments. (Sec. 3103) Prohibits the FCC from: (1) renewing any analog TV license for a period that extends beyond the earlier of December 31, 2005, or one year after the date the FCC finds (based on annual surveys) that at least 95 percent of households in the United States have the capability to receive and display video signals, other than video signals transmitted pursuant to an analog TV license; or (2) issuing, after such date, any TV licenses other than advanced TV licenses. Directs the Secretary, each calendar year from 1998 to 2005, to conduct a survey to estimate the percentage of households in the United States that have the capability to receive and display video signals other than those transmitted pursuant to an analog TV license. Requires the FCC to: (1) ensure that, as analog TV licenses expire, the spectrum previously used for the broadcast of analog TV signals is reclaimed and reallocated so as to maximize the deployment of new services (and directs that licensees for new services be selected by competitive bidding); and (2) complete the competitive bidding procedure by May 1, 2002. Directs the FCC to establish procedures to ensure that, within the year prior to the reversion date, the advanced TV licensees provide each requesting household with the capability to receive and display video signals for advanced TV services. Requires: (1) each advanced TV service licensee to provide, for a minimum of five years from such date, at least one nonsubscription video service that meets or exceeds minimum technical standards established by the FCC; and (2) the FCC, to the extent technically feasible, to ensure that picture and audio quality are at least as good as that provided to recipients within the Grade B contour of an analog TV license and to revoke the license of any advanced TV licensee who fails to meet this condition of the license. (Sec. 3104) Amends the Omnibus Budget Reconciliation Act of 1990 to extend Patent and Trademark Office user fees through 2002. Sets amounts of surcharges to be collected in FY 1999-2002. (Sec. 3105) Repeals the authorization of transitional appropriations for the Postal Service. Specifies that liabilities of the former Post Office Department to the Employees' Compensation Fund shall be liabilities of the Postal Service payable out of the Fund. Title IV: Transportation - Amends Federal transportation law to make permanent the mandate for the imposition of railroad safety fees on railroad carriers. (Sec. 4102) Amends Federal shipping law to make permanent the mandate for the imposition of tonnage duties on certain vessels. (Sec. 4103) Directs the Administrator of General Services to sell at fair market value all rights, title, and interests of the United States in and to the land of, and improvements to, Governors Island, New York. Grants the State of New York and the city of New York the right of first refusal to purchase all or part of such Island. (Sec. 4104) Directs the Administrator to sell at fair market the air rights adjacent to Washington Union Station, including certain air rights to be conveyed to the Administrator by the National Railroad Passenger Corporation (AMTRAK). Directs AMTRAK, as a condition of future Federal financial assistance, to convey such rights, at no charge, on or before December 31, 1995. Title V: Housing Provisions - Amends the United States Housing Act of 1937 to make the reduction of section 8 annual rent adjustment factors for units without tenant turnover permanent. Amends the National Housing Act to revise the maximum mortgage amount floor for single family mortgage insurance. Revises mortgage foreclosure avoidance and borrower assistance provisions, including: (1) authorizing a partial claim payment program for up to 12 months' equivalent payments; and (2) establishment of an assignment program. Title VI: Indexation and Miscellaneous Entitlement-Related Provisions - Amends the Internal Revenue Code to revise section one provisions so as to provide for a reduction in the annual consumer price index formula used in determining the cost-of-living adjustment of the tax tables through the calendar year 2002. Amends title XX (Block Grants to States for Social Services) of the Social Security Act to: (1) provide for a reduction in block grants beginning with FY 1996; and (2) provide that each State shall be annually entitled to an amount equal to the lesser of 80 percent of the total it spends for services which are directed towards achieving the stated purposes of the title or the State's allotment. Provides for the denial of unemployment compensation to: (1) individuals with income in excess of $120,000 for the most recent taxable year; and (2) individuals who voluntarily leave military service. Title VII: Medicaid Reform - Subtitle A: Per Capita Spending Limit - Amends title XIX (Medicaid) of the Social Security Act (SSA) to specify a limit on the total amount of State expenditures for medical assistance for which Federal financial participation may be made under Medicaid in a fiscal year beginning in FY 1997, according to a prescribed formula based on certain categories of Medicaid beneficiaries. Directs the Secretary of Health and Human Services (HHS) to establish for each State a per capita medical assistance limit for each such category and for administrative expenditures for a fiscal year according to a certain formula that accounts for inflation. Requires the Secretary to notify each State before the beginning of each fiscal year of the per capita limits established for the State for the fiscal year. Exempts certain State expenditures under Medicaid from being subject to such limits and from being taken into account in establishing them. Provides for certain adjustments to such per capita limits, and outlines enforcement provisions for assuring that payments to the States are consistent with them. Places certain restrictions on the authority of States to apply less restrictive income and resource methodologies for making certain eligibility determinations under Medicaid. Subtitle B: Medicaid Managed Care - Repeals certain barriers to: (1) authorize States to require certain Medicaid-eligible individuals to enroll with an eligible managed care provider of their choice under contract with the State to furnish them with all medically necessary assistance as a condition of receiving Medicaid assistance; and (2) add anti-fraud and sanctions requirements applicable to eligible managed care providers. (Sec. 7105) Provides for assuring adequacy of payments to Medicaid managed care plans and providers. (Sec. 7107) Requires the Secretary to report to specified congressional committees on the effect of risk contracting entities and primary care case management entities on the delivery of and payment for public health services. (Sec. 7108) Requires the Secretary and the Comptroller General to analyze and submit reports annually to specified congressional committees on rates paid for hospital services under coordinated care programs provided for under this subtitle. Subtitle C: Additional Reforms of Medicaid Acute Care Program - Revises provisions governing the use of enrollment fees, premiums, deductions, cost-sharing, and similar charges in order to permit increased flexibility in Medicaid cost-sharing. (Sec. 7202) Requires the Secretary to define, by regulation promulgated after consultation with States and organizations representing health care providers, those treatment services, in addition to those otherwise covered under a State Medicaid plan, that must be covered under Medicaid as measures necessary to correct or ameliorate defects and physical and mental illnesses and conditions discovered by the screening services, whether or not such services are covered under the State plan. (Sec. 7203) Provides that no change in law which has the effect of imposing a requirement on a State under a State plan under Medicaid, and with respect to which the Secretary is required to issue regulations to carry out such requirement, shall take effect until the date the Secretary promulgates such regulation as a final regulation. Provides that any change in a regulation of the Secretary relating to the Medicaid program shall not become effective until the beginning of the fiscal year following the fiscal year in which the change was promulgated. Gives the States certain options around such requirements. Expresses the sense of the Congress that if a State is required by future legislation to provide for additional services, eligible individuals, or otherwise incur additional costs under its Medicaid program, the Federal Government shall provide for full payment of any such additional costs for at least the first two years in which such requirement applies. (Sec. 7204) Sets forth provisions governing the consideration of applications for Medicaid waivers (i.e. State requests for a waiver of a Medicaid provision, or of another provision of law that applies to State plans under such title), and includes certain specified waivers under SSA and later amendments. Subtitle D: National Commission on Medicaid Restructuring - Establishes the National Commission on Medicaid Restructuring to study and make recommendations to the Congress, the President, and the Secretary regarding the need for changes in the laws and regulations regarding the Medicaid program in order to: (1) ensure adequate access to health care under such program for low-income individuals; (2) promote quality health care; (3) deter Medicaid fraud and abuse; (4) provide States with additional flexibility in implementing their Medicaid plans; and (5) contain Federal and State Medicaid costs. Authorize appropriations. Subtitle E: Restrictions on Disproportionate Share Payments - Revises provisions governing Medicaid payment adjustments for inpatient hospital services furnished by disproportionate share hospitals (DSH), among other changes, establishing a new national DSH payment limit and modifying provisions for determination of State DSH allotments. Subtitle F: Fraud Reduction - Directs the Administrator of the Health Care Financing Administration (HCFA) to develop mechanisms to better monitor and prevent inappropriate payments under Medicaid in the case of individuals who are dually eligible for benefits under such program and the Medicare program under SSA title XVIII. Requires the Administrator to develop improved mechanisms, such as picture identification documents and smart documents, to provide methods of improved identification and tracking of beneficiaries and providers that perpetrate fraud against Medicaid. Title VIII: Medicare - Medicare Preservation Act of 1995 - Amends SSA titles XI and XVIII and the Internal Revenue Code, restructuring the current Medicare program, and creating a new Medicare Choice program within it, while also providing for corresponding tax incentives for Medicare Choice medical savings accounts (MSAs) and other Medicare Choice-related matters. Subtitle A: Medicare Choice Program - Gives individuals entitled to benefits under Medicare part A (Hospital Insurance) and enrolled under Medicare part B (Supplementary Medical Insurance) the opportunity to elect Medicare coverage during annual, coordinated election periods under either the new Medicare Choice benefit package or through the existing fee-for-service system under such parts. Includes in the Medicare Choice benefit package a high ($10,000) deductible-Medisave product under a specified demonstration plus contributions to Medicare Choice MSAs, as well as separate fee-for-service products and products offered under certain provider- and union-sponsored plans by qualified Medicare Choice organizations. Directs the Secretary to provide for a nationally coordinated educational and publicity campaign to inform individuals who are eligible to elect Medicare Choice products about them and the election processes provided under this subtitle. Directs the Secretary to conduct demonstration projects to test alternative approaches to coordinated open enrollments in different markets, including different annual enrollment periods and models of rolling open enrollment periods. (Sec. 8002) Requires qualified Medicare Choice organizations (except those with union sponsors, Taft-Hartley sponsors, or, for a limited time, provider sponsors) to be licensed under State law in each State in which they offer a Medicare Choice product. Requires such organizations to assume full financial risk on a prospective basis for the provision of health care services (other than hospice care). Allows an organization to obtain insurance in specified circumstances. Sets forth requirements relating to benefits, provision of services (including limited physician incentive plans), enrollment, and premiums. Specifies patient protection standards, including those for information disclosure, access to services, out-of-network services, mandatory quality assurance programs, coverage determinations, grievances, appeals, and fair marketing procedures. Directs the Secretary to provide for demonstration projects to determine the effectiveness, cost, and impact of alternative methods of providing comparative information about the performance of Medicare Choice organizations and products and the performance of Medicare supplemental policies in relation to such products. Prescribes policy for payments to Medicare Choice organizations, including monthly adjusted capitation rates. Requires the Secretary to issue interim regulations regarding standards for Medicare Choice organizations and products within 180 days after the date of enactment of this subtitle, with such regulations to be effective through the end of 1999. Directs the Secretary to develop permanent standards under this subtitle, consulting with the National Association of Insurance Commissioners in doing so, with such standards to be effective for periods beginning on or after January 1, 2000. Directs the Secretary to establish a process for the certification of Medicare Choice organizations and products. Involves the Secretary of Labor in such process with respect to union sponsors and Taft-Hartley sponsors. Outlines the certification process, including the use of private accreditation processes. Requires Medicare Choice organizations to contract with the Secretary, subject to specified requirements. Permits certain demonstration projects for high deductible-Medisave products, and lists special rules relating to enrollment and benefits with regard to such products, requiring, among other things, payments to the Medicare Choice MSAs of individuals electing high deductible-Medisave products under such projects. (Sec. 8003) Directs the Secretary to report to the Congress on alternative provider payment approaches under Medicare along with recommendations for implementing and testing such approaches and any legislation that may be required for such purpose. Directs the Secretary to work with employers and health benefit plans to develop standards and payment methodologies to allow retired workers to continue to participate in employer health plans instead of participating in the Medicare program. Provides for a similar congressional report with regard to such matter. (Sec. 8004) Sets forth transition rules for current Medicare health maintenance organization (HMO) programs. (Sec. 8011) Amends the Internal Revenue Code to exclude from an individual's gross income any Federal payment to his or her Medicare Choice MSA, but include any MSA distribution not used to pay the account holder's qualified medical expenses. Excludes the value of such an MSA from the account holder's gross estate. Exempts an account holder from the excise tax on prohibited transactions even if an MSA ceases to be a Medicare Choice MSA because a distribution was not used to pay qualified medical expenses. Excludes further from gross income any Medicare part B premium discount rebate. (Sec. 8021) Declares that, in any Federal or State antitrust action, the conduct of a provider service network (and any member of such network) in negotiating, making, or performing a contract, to the extent such contract is for providing services under a Medicare Choice provider-sponsored organization (PSO) contract, shall not be illegal per se. Subjects such conduct to the antitrust rule of reason standard. (Sec. 8031) Amends SSA title XVIII to establish the Medicare Payment Review Commission (replacing the Prospective Payment Assessment Commission (ProPAC) and the Physician Payment Review Commission (PPRC), hereby abolished) which shall, among other things, review program payment policies (including those under the new Medicare Choice program) for appropriate recommendations to the Congress concerning such policies. Authorizes appropriations. (Sec. 8032) Creates the Commission on the Effect of the Baby Boom Generation on the Medicare Program to: (1) examine the financial impact on the Medicare program of the significant increase in the number of Medicare-eligible individuals which will occur beginning approximately 2010 and last for approximately 25 years; and (2) make specific recommendations to the Congress about a comprehensive approach to preserve Medicare for the period during which such individuals are Medicare-eligible. Authorizes appropriations. (Sec. 8041) Preempts State law restrictions on managed care arrangements and utilization review programs. Subtitle B: Provisions Relating to Regulatory Relief - Amends SSA titles XI and XVIII, as well as the Omnibus Budget Reconciliation Act of 1993, to outline various specified revisions to Medicare physician referral prohibitions and anti-kickback and other penalties for the purpose of achieving Medicare regulatory relief. (Sec. 8101) Includes among such revisions: (1) removal of compensation arrangements from the proscribed financial arrangements between a physician and any entity to which he or she may refer a Medicare beneficiary (thus limiting proscribed financial arrangements to an ownership or investment interest in the entity); (2) limitation of the designated health services subject to such prohibition to items and services furnished by a community pharmacy, magnetic resonance imaging and computerized tomography services, and outpatient physical therapy services; (3) repeal of the mandate for the Medicare and Medicaid Coverage Data Bank; and (4) the issuance of advisory opinions under SSA title XI. (Sec. 8104) Revises exceptions to the prohibition against physician referrals to an entity in which the referring physician has an ownership or investment relationship to: (1) repeal the site-of-service requirement for excepted in-office ancillary services; (2) revise the exceptions for services furnished in a rural area and for pre-paid plans; and (3) add new exceptions for shared facility services and services furnished in communities with no alternative providers, in ambulatory surgical centers, in renal dialysis facilities, in a hospice, or in a comprehensive outpatient rehabilitation facility. (Sec. 8111) Directs the Attorney General to provide for the development and publication of explicit guidelines on the application of antitrust laws to the activities of health plans, and establish a review process under which a plan administrator or sponsor may submit a request to obtain a prompt opinion from the Department of Justice (DOJ) on the plan's conformity with the Federal antitrust laws. (Sec. 8112) Outlines requirements for issuance (or denial) by the Attorney General of health care certificates of public advantage to requesting eligible health care collaborative activities if the benefits likely to result from such an activity outweigh any reduction in competition likely also to result and if such reduction is necessary to obtain benefits. Provides for judicial review with regard to such matter. (Sec. 8113) Requires the Attorney General, to report annually to the Congress, as part of the annual budget oversight proceedings, on DOJ's Antitrust Division in order for the Congress to determine how enforcement of antitrust laws is affecting the formation of joint ventures, and if such certificates have resulted in undesirable reduction in competition in the health care marketplace. (Sec. 8114) Exempts specified antitrust laws, under certain conditions, from applying with respect to: (1) the merger of, or the attempt to merge, two or more hospitals; (2) a contract entered into solely by two or more hospitals to allocate hospital services; or (3) the attempt by only two or more hospitals to enter into a contract to allocate hospital services. (Sec. 8121) Outlines various specified measures with respect to health care liability designed to provide for malpractice reform that, among other things, include: (1) a statute of limitations for medical malpractice claims, with exceptions for minors; (2) a limitation on noneconomic damages; and (3) standards for using alternative dispute resolution (ADR) in such matters as an initial attempt to resolve them before they may be brought in State or Federal court. Includes special provisions for certain obstetric services. Requires certain reports on the implementation and effectiveness of ADR systems for the Congress. (Sec. 8151) Modifies under Medicare the payment areas used to determine Medicare payments for physicians' services under such program while ensuring budget-neutrality. Subtitle C: Medicare Payments to Health Care Providers - Provides for a one-year general freeze in payments to Medicare providers during FY 1996, with similar freezes for skilled nursing facilities and home health agencies under the Omnibus Budget Reconciliation Act of 1993. (Sec. 8211) Revises Medicare provisions for payments for physicians' services, replacing the volume performance standard with sustainable growth rate and establishing a single conversion factor for 1996, among other changes. (Sec. 8221) Provides for a reduction in update for inpatient hospital services for FY 1997 through 2002. (Sec. 8222) Eliminates formula-driven overpayments for ambulatory surgical center procedures and radiology services and diagnostic procedures. (Sec. 8223) Requires the Secretary to establish a prospective payment system (PPS) for hospital outpatient services. (Sec. 8224) Reduces Medicare payments to hospitals for inpatient capital-related costs. (Sec. 8225) Places a moratorium on PPS exemption for long term care hospitals. Directs the Secretary to submit to the Congress recommendations for modifications to the standards used to determine whether a hospital is classified as a long-term care hospital for purposes of determining the amount of payment to the hospital under Medicare part A for the operating costs of inpatient hospital services. (Sec. 8231) Sets forth provisions affecting home health and other specified providers, including providers of durable medical equipment and nursing homes, with similar payment changes and reductions and certain coverage limitations and incentives for cost-efficient management. Requires the Secretary to expand PPS research for home health agencies. (Sec. 8235) Freezes payments for clinical diagnostic laboratory tests. (Sec. 8241) Adds a new SSA title XXI (Teaching Hospitals and Graduate Medical Education Trust Fund) establishing in the Treasury the Teaching Hospital and Graduate Medical Education Trust Fund for payments to teaching hospitals out of specified transfers from the Medicare trust funds and other amounts. Provides within HHS for a temporary advisory counsel (the National Advisory Council on Postgraduate Medical Education) to advise the Secretary on postgraduate medical education financing for assuring an adequate supply of trained specialists consistent with our country's health care needs. (Sec. 8242) Modifies payment policies under Medicare regarding indirect costs of graduate medical education, reducing payment adjustments for indirect medical education. Subtitle D: Provisions Relating to Medicare Beneficiaries - Makes specified changes with regard to the Medicare part B premium, including freezing it for 1996. (Sec. 8302) Amends the Internal Revenue Code to make the full cost of Medicare part B coverage payable by high-income individuals. (Sec. 8303) Provides annual screening mammography for women over age 49, plus expanded coverage of other preventive benefits under Medicare such as colorectal screening, prostate cancer screening tests and diabetes outpatient self-management training services. Subtitle E: Medicare Fraud Reduction - Outlines various specified measures designed for preventing fraud and abuse under the Medicare program or a State health care program, including among them in addition to the special fraud alerts initially set out: (1) special outreach and other efforts by the Secretary which include establishing a beneficiary incentive program for collecting information on fraud and abuse under Medicare; (2) establishment of the Medicare Integrity Program and associated Anti-Fraud and Abuse Trust Fund for contracting out to eligible private entities specified anti-fraud and abuse activities; (3) establishment by the Secretary of certain fraud reduction demonstration projects; and (3) provide direct spending for Medicare-related anti-fraud activities of the HHS Inspector General. Provides appropriations from the Anti-Fraud and Abuse Trust Fund to carry out the Medicare Integrity Program. (Sec. 8407) Requires the Secretary to recommend to the Congress legislative changes to the Medicare program to enable the prices paid for items and services under it to be established on a more competitive basis. Subtitle F: Improving Access to Health Care - Outlines various specified changes with regard to rural hospitals for the purpose of improving access to health care in rural areas, among other changes, by establishing a rural emergency access care hospital program and a system of additional payments under Medicare for physicians' services furnished in shortage areas. Reduces updates for sole community hospitals. Requires the Medicare Payment Review Commission to study and report to the Congress on the impact of the designation of hospitals as sole community hospitals under the Medicare program on the delivery of health care services to individuals in rural areas. Prohibits denial of request for reclassification of rural referral centers on basis of comparability of wages. Provides for State and consortium demonstration projects for increasing the number of medical students entering primary case practice relative to those entering nonprimary care practice. Requires the Secretary to develop and publish a model law that may be adopted by States to increase the access of individuals residing in underserved rural areas to health care services by expanding the services which non-physician health care professionals may provide in such areas. (Sec. 8512) Amends the Internal Revenue Code to exclude national health service corps loan repayments from gross income. (Sec. 8513) Directs the Secretary to establish a methodology for making payments under Medicare part B for telemedicine services furnished on an emergency basis to individuals residing in an area designated as a health professional shortage area. (Sec. 8514) Provides for an HHS demonstration project to assess the advantages and disadvantages of requiring Medicare Choice organizations to market their products in certain underserved areas which are near the standard service area for such products. (Sec. 8521) Provides for Medicare program payments for health care services provided in the military health services system. Subtitle G: Other Provisions - Provides, with regard to Medicare as secondary payer, for: (1) extension and expansion of existing requirements; (2) recovery against third party administrators of primary plans; and (3) prohibition of retroactive application (before April 24, 1995) of a certain policy directive regarding end stage renal disease beneficiaries enrolled in primary plans. (Sec. 8602) Repeals the Medicare and Medicaid Coverage Databank under SSA title XI. (Sec. 8603) Provides that nothing in SSA title XVIII may be construed to prohibit coverage under Medicare part A or B of items and services associated with the use of a medical device in the furnishing of inpatient hospital services solely on the grounds that the device is not an approved device, if it is an investigational device and is used instead of an approved device. States that the amount of Medicare payment for any item or service associated with the use of an investigational device in the furnishing of such services may not exceed the amount of the payment which would have been made for the item or service if it were associated with the use of an approved device. (Sec. 8604) Excludes from Medicare coverage items or services used for euthanasia. (Sec. 8605) Extends Medicare coverage of, and application of the hospital insurance tax to, all State and local government employees. Authorizes appropriations. Subtitle H: Monitoring Achievement of Medicare Reform Goals - Directs the Secretary to establish budgetary and program goals for the Medicare program that are consistent with: (1) specified restrictions on total Medicare outlays for FY 1996 through FY 2002; and (2) an equitable distribution of funds between per beneficiary spending on payments to Medicare Choice organizations and spending on fee-for-service payments to Medicare providers. Requires such goals also to be consistent with the establishment of payments to such organizations in a manner that: (1) promotes the availability of Medicare Choice products in all regions of the country; and (2) permits such organizations to offer adequate coverage. (Sec. 8702) Establishes the Medicare Reform Commission to examine how Medicare has met such goals, with recommendations concerning any problems found to exist submitted to the President for transmittal with corrections to the Congress for action. Authorizes appropriations. Subtitle I: Lock-Box Provisions for Medicare Part B Savings from Growth Reductions - Establishes under Medicare part B in the Treasury the Federal Medicare Growth Reduction Trust Fund for the savings under such part that are attributable to this Act. Subtitle J: Clinical Laboratories - Amends the Public Health Service Act to exempt from certification requirements under such Act clinical laboratories in physician offices (except when pap smear analysis is performed). Title IX: Welfare Reform - Subtitle A: Temporary Employment Assistance - Replaces the current Aid to Families with Dependent Children (AFDC) Program under SSA title IV part A with a Temporary Employment Assistance (TEA) program for the purpose of providing assistance to families with needy children and assisting parents of such children to obtain and retain private sector work to the extent possible, and public sector or volunteer work if necessary, through the Work First Employment Block Grant program. Authorizes appropriations. (Sec. 9101) Sets forth State TEA plan elements necessary for plan approval by the Secretary of Health and Human Services (HHS). Includes among them, in addition to certain administrative requirements for ensuring that families on TEA assistance become self-sufficient, the following key elements: (1) limited time for cash assistance, with specified exceptions for teen parents, hardship situations, and individuals exempt from certain work requirements under this title because of illness or other specified reasons; (2) assessment, before such individuals may receive TEA assistance, of the skills, prior work experience, and employability of each applicant for, and recipient of, TEA assistance who has attained age 18 or has not obtained a high school education, and is not attending secondary school; (3) development of an individual responsibility plan on the basis of such assessment, setting forth certain job search, work-, and education-related obligations (including, at State option, appropriate substance abuse treatment) of such individuals in order for them to receive the full amount of TEA assistance (denying it for plan noncompliance after the third offense); (4) State operation a Work First Program (replacing the current Job Opportunities and Basic Skills Training (JOBS) program) and a workfare or job placement voucher program for individuals prohibited from participation in the Work First program; (5) assurance that all such applicants and recipients will cooperate in paternity establishment and enforcement of child support obligations, and that the State agency will report known or suspected instances of child abuse to the appropriate authorities; (6) State efforts to promote family preservation and stability; and (7) denial of TEA assistance for fraudulent statements made with regard to residence in order to obtain multiple assistance payments and for probation and parole violators. Outlines State payment and miscellaneous State plan quality assurance and data collection, compilation, and reporting requirements, as well as certain research, demonstration, and evaluation requirements (including requirements for the Secretary to establish certain regional information centers for disseminating information concerning welfare reform) with regard to the different State approaches to operating welfare programs under this subtitle. Provides that, upon receiving notice from a State agency administering an approved plan that a named individual has been overpaid under it, the Secretary of the Treasury shall: (1) determine whether any tax refunds are payable to such individual, regardless of whether he or she filed a return as a married or unmarried individual; and (2) withhold from any such refunds an amount equal to the overpayment sought to be collected, and pay it to the State agency. Requires the Secretary to issue regulations allowing a State to submit requests for collection of overpayments only with respect to individuals no longer receiving TEA assistance against whom the State has already taken appropriate action, including notice of its intent to request such withholding of income tax refunds. Specifies rules for the collection of overpayments under SSA title IV part A. Subtitle B: Make Work Pay - Amends SSA title XIX (Medicaid) to give States the option of providing for an extension of Medicaid enrollment for former AFDC recipients for one additional year. (Sec. 9202) Requires State TEA, food stamp, and Medicaid plans to provide their respective applicants and former recipients with written notice of the existence and availability of the earned income tax credit, with changes under the Omnibus Budget Reconciliation Act of 1990 providing for such notice of availability to be included on employee W-4 forms. (Sec. 9204) Amends the Internal Revenue Code (IRC) to provide for State demonstrations for advance payment of earned income tax credit. Authorizes appropriations. (Sec. 9205) Repeals the Child Care and Development Block Grant Act of 1990 and provides for funding of child care services through the program under SSA title XX (Block Grants to States for Social Services), with limited funding for child care grants under such program to supplement State and local funds as well as Federal funds provided under other Acts for child care activities. Requires the appropriate State agencies under such program to guarantee child care for participants involved in the education, training, community service, and employment initiatives above connected with State TEA programs. (Sec. 9206) Amends IRC to: (1) include TEA, food stamp, and supplemental security income (SSI) assistance in gross income and exclude such benefits from being taken into account for purposes of the earned income tax credit; and (2) make the dependent care credit refundable and exclude certain high-income taxpayers from being eligible for such credit. Subtitle C: Work First - Replaces the JOBS program under SSA title IV part F with the Work First program under which States have the option of offering a wide variety of job-related activities (including use of job placement companies) to TEA program participants in order to provide them in a cost-effective fashion with the support and skills necessary to obtain and keep full-time unsubsidized employment, preferably in the private sector. (Sec. 9301) Outlines various specified: (1) program components, including microenterprise initiatives, workfare or community service programs, work supplementation programs for jobs with the State or jobs subsidized by the State in the private sector, job placement voucher programs for States not operating a workfare or community service program, and mandatory job search requirements; and (2) associated rules, cost limits, participation and funding requirements, and performance standards for measuring the effectiveness of such programs. Expresses the intent of the Congress that State job-related activities emphasize the use of funds that would otherwise be used to provide individuals with TEA and food stamps to subsidize the wages of such individuals in temporary jobs. Expresses the sense of the Congress that States should target individuals below age 25 for participation in the Work First program in order to break the cycle of welfare dependency. Subtitle D: Family Responsibility and Improved Child Support Enforcement - Chapter 1: Eligibility and Other Matters Concerning Title IV-D Program Clients - Amends part D (Child Support and Establishment of Paternity) of title IV of the Social Security Act (SSA) to require States to have statutorily prescribed procedures to: (1) record child support orders in a central case registry; and (2) collect child support payments through a centralized collections unit. Permits parties to a child support order to opt for an alternative payment procedure. (Sec. 9401) Revises the guidelines for: (1) State plans for child and spousal support; and (2) payments distribution. (Sec. 9403) Requires State plans to establish procedural guidelines for: (1) notification of all proceedings and orders affecting child support obligations; and (2) privacy safeguards regarding paternity and child support actions. Chapter 2: Program Administration and Funding - Revises the formula for: (1) Federal matching payments to the States; and (2) incentive adjustments to the Federal matching rate. (Sec. 9413) Requires a State plan for child and spousal support to include prescribed procedures for State reviews and audits. Revises the guidelines for Federal evaluation and audit of State programs governing paternity, child and spousal support, and parent location. (Sec. 9415) Revises the automated data processing requirements for State plans to mandate a single statewide automated data processing and information retrieval system which can perform specified tasks. (Sec. 9416) Directs the Secretary of Health and Human Services to conduct staffing studies of each State child support enforcement program and to report the results to the Congress. (Sec. 9417) Makes funds available to the Secretary for: (1) training of Federal and State staff, research and demonstration programs, and special projects of regional and national significance; and (2) operation of the Federal Parent Locator Service. Chapter 3: Locate and Case Tracking - Mandates that the single statewide automated data system function as a single central case registry of State-provided services and support orders. Delineates contents of case records and data matching activities, including data exchange with sister States. (Sec. 9422) Requires State plans to include a centralized, automated unit for the collection and disbursement of support payments. (Sec. 9423) Requires the States to have statutorily prescribed procedures: (1) for mandatory income withholding for support payments subject to enforcement; and (2) under which child support orders issued before October 1, 1996, shall become subject to withholding from wages if arrearages occur, without the need for a judicial or administrative hearing. Revises the procedural guidelines for income withholding for child support enforcement. (Sec. 9425) Revises the Federal Parent Locator Service to add kinds of information which may be transmitted to locate individuals and assets for purposes of establishing parentage and executing child support obligations. Requires the Secretary to establish in the Service a Data Bank of Child Support Orders and an automated directory of New Hires. (Sec. 9426) Requires State plans to include procedures for recording social security numbers on certain family legal documents and records. Chapter 4: Streamlining and Uniformity of Procedures - Requires each State to have the Uniform Interstate Family Support Act in effect as of January 1, 1997. (Sec. 9432) Amends the Federal judicial code to revise the procedures for a court to apply when determining which State order to recognize for purposes of continuing, exclusive jurisdiction and enforcement for child support orders. (Sec. 9433) Amends SSA title IV part D to revise State plan guidelines for mandatory expedited administrative and judicial procedures to include: (1) authorized genetic testing to establish paternity; and (2) the securing of assets and increasing of monthly payments to satisfy a support arrearage. Chapter 5: Paternity Establishment - Expresses the sense of the Congress that social services should be provided in hospitals to women who have become pregnant as a result of rape or incest. (Sec. 9442) Requires State laws to prescribe procedures for parenting counseling for new fathers that stresses the importance of paying child support. (Sec. 9443) Requires State plans to prescribe specified administrative procedures governing agency determination as to whether an individual is cooperating with efforts to establish paternity and secure support, or has good cause not to cooperate with such efforts. (Sec. 9444) Increases the base matching rate for Federal payments to the States for grants for dependent children. (Sec. 9445) Revises the guidelines for statutorily prescribed procedures governing genetic testing and outreach for voluntary paternity acknowledgment. Chapter 6: Establishment and Modification of Support Orders - Establishes the National Child Support Guidelines Commission to develop a national child support guideline for consideration by the Congress that is based on a study of various guideline models, the benefits and deficiencies of such models, and any needed improvement. (Sec. 9452) Revises the requirements for State plan procedures for the review and adjustment of support orders. Chapter 7: Enforcement of Support Orders - Amends the Internal Revenue Code to revise the order of refund distribution with respect to past-due support owed to individuals. (Sec. 9463) Amends SSA title IV part D to revise procedural guidelines for: (1) consent by the United States to income withholding, garnishment, and similar proceedings for enforcement of child support and alimony obligations of current and retired Federal employees; and (2) enforcement of child support obligations of current and retired members of the armed forces. (Sec. 9465) Requires States to have statutorily prescribed procedures for: (1) placing liens for child support arrearages on motor vehicle titles of the debtor; (2) voiding fraudulent transfers by a child support debtor; (3) suspending any driver's, business, or occupational license issued to any person who owes past-due child support; (4) reporting to credit bureaus the name of the parent in arrears for child support; (5) extending the statute of limitations for collection of child support arrearages; and (6) calculating interest or penalties on such arrearages. (Sec. 9471) Prescribes procedural guidelines for passport denial (including revocation) upon certification of nonpayment of child support. (Sec. 9472) Expresses the sense of the Congress that the United States should ratify the United Nations Convention of 1956. Requires State plans to provide that the State must treat international child support cases as interstate cases. (Sec. 9473) Requires States to have statutorily prescribed procedures under which failure to pay child support arrearages results in seizure by a State agency of: (1) insurance settlements or payouts; (2) judicial awards; (3) sale of forfeited property; and (4) bequests. (Sec. 9474) Requires State plans to include procedures under which grandparents are liable for the financial support of the children of their minor children. (Sec. 9475) Expresses the sense of the Congress that the States should develop programs specifically designed to work with noncustodial parents who are unable to meet their child support obligations. Chapter 8: Medical Support - Amends the Employee Retirement Income Security Act of 1974 (ERISA) to include within the definition of medical child support order an order issued through a State administrative process. Chapter 9: Food Stamp Program Requirements - Amends the Food Stamp Act of 1977 to set forth as a prerequisite to eligibility for the Food Stamp Program cooperation by the custodial parent with child support agencies regarding paternity and child support. (Sec. 9492) Denies eligibility to participate in the Food Stamp Program to any individual that is delinquent in any court-ordered payment for child support. Chapter 10: Effect of Enactment - Sets forth effective dates for portions of this title. Subtitle E: Teen Pregnancy and Family Stability - Amends Title IV part A (AFDC) to prescribe guidelines under which State plans may deny temporary employment assistance to recipient families having additional children while receiving such assistance. (Sec. 9502) Requires State plans to set as a prerequisite for temporary employment assistance to pregnant unwed minors (or minors with needy children in their care), that such individuals reside in certain supervised living arrangements with an adult relative or legal guardian. (Sec. 9503) Amends title XX (Block Grants to States for Social Services) to establish a National Clearinghouse on Adolescent Pregnancy Prevention Programs. Enumerates maximum grant amounts for such Clearinghouse. (Sec. 9504) Amends Title IV part A (AFDC) to require that State plans mandate completion of high school or other training for custodial teenage parents who are required to participate in the Work First program. Authorizes States to provide additional incentives and penalties to encourage teen parents to complete high school and participate in parenting activities. (Sec. 9505) Denies Federal housing benefits to minors who bear children out-of-wedlock, with specified exceptions. (Sec. 9506) Amends Title IV part A (AFDC) to prescribe guidelines under which State plans are granted the option of denying temporary employment assistance to minor parents. Subtitle F: SSI Reform - Amends SSA title XVI (Supplemental Security Income) (SSI) to revise the rules with respect to childhood eligibility, with corresponding changes to childhood SSI regulations modifying the medical criteria for evaluation of mental and emotional disorders, and discontinuing the use of individualized functional assessments for children. Requires the Commissioner of Social Security to redetermine the eligibility of any individual under age 18 who is receiving SSI benefits based on a disability as of the date of the enactment of this Act and whose eligibility for such benefits may terminate by reason of the amendments of this subtitle. (Sec. 9602) Provides that not less frequently than once every three years the Commissioner shall review the continued SSI eligibility of each individual who has not attained 18 years of age and is eligible for such benefits by reason of an impairment (or combination of impairments) which may improve (or, which is unlikely to improve, at the option of the Commissioner). Requires a parent or guardian of a recipient whose case is so reviewed to present, at the time of review, evidence demonstrating that the recipient is, and has been, receiving treatment, to the extent considered medically necessary and available, of the condition which was the basis for providing benefits under the SSI program. Provides that if an individual is eligible for SSI benefits by reason of disability for the month preceding the month in which the individual attains age 18, the Commissioner shall redetermine such eligibility: (1) during the one year period beginning on the individual's 18th birthday; and (2) by applying the criteria used in determining the initial eligibility for applicants who have attained age 18. Specifies requirements governing: (1) continuing disability reviews for low birth weight babies; and (2) benefit payments through representative payees to eligible individuals and their spouses. (Sec. 9603) Revises representative payee requirements. (Sec. 9604) Denies SSI by reason of disability to drug addicts and alcoholics for whom the addiction or alcoholism is a contributing factor material to the determination of disability. Provides that, out of any money in the Treasury not otherwise appropriated, the Secretary of the Treasury shall pay to the Director of the National Institute on Drug Abuse specified amounts for expenditure on drug treatment and drug abuse and drug treatment research for FY 1997 through 2000. (Sec. 9605) Denies SSI benefits for ten years to individuals found to have fraudulently misrepresented residence in order to obtain benefits simultaneously in two or more States. (Sec. 9606) Denies SSI benefits for fugitive felons and probation and parole violators and provides for exchange of SSI information with law enforcement agencies. (Sec. 9607) Outlines reapplication requirements for adults receiving SSI benefits by reason of disability. Authorizes appropriations. (Sec. 9608) Provides for a reduction in the unearned income exclusion under provisions for determining the income of an individual and his eligible spouse under SSI. Subtitle G: Food Assistance - Chapter 1: Food Stamp Program - Amends the Food Stamp Act of 1977 (Act) to establish food stamp program (program) certification periods of: (1) 24 months for households whose adult members are elderly or disabled; and (2) not more than 12 months for all other households. Includes energy assistance in household income determinations. Excludes Job Training Partnership Act income from such determinations. Excludes life insurance policies from family resource determinations. (Sec. 9703) Authorizes the Secretary of Agriculture (Secretary), with regard to retail food stores and wholesale food concerns (stores), to: (1) establish authorization periods for coupon acceptance and redemption; and (2) establish specific time periods for prohibiting program participation of stores based on lack of business integrity. (Sec. 9705) Includes sales tax information among the types of eligibility verification information which may be requested. (Sec. 9706) Establishes a six-month reapplication waiting period for a store that does not meet participation requirements. (Sec. 9708) Authorizes suspension of a store pending administrative and judicial review. (States that the Secretary shall not be liable for lost sales during such period.) (Sec. 9709) Provides for disqualification of a store that is disqualified from the Special Supplemental Nutrition Program for Women, Infants, and Children (WIC). (Sec. 9710) Provides for permanent disqualification of a store that knowingly submits a falsified application. (Sec. 9711) Expands civil and criminal forfeiture for specified violations of the Act. (Sec. 9712) Amends the Social Security Act as amended by the Social Security Administrative Reform Act of 1994, and the Internal Revenue Code as added to by the Social Security Administrative Reform Act of 1994, to authorize information sharing with State WIC enforcement instrumentalities. (Sec. 9713) Amends the Act to expand the definition of "coupon." (Sec. 9714) Increases penalties for specified program violations. (Sec. 9715) Makes the collection of over-issuance of coupons from Federal pay or Federal tax refunds (as authorized by this section) mandatory. (Sec. 9716) Encourages and authorizes States to implement electronic benefit transfer systems. (Sec. 9717) Reduces annual "thrifty food plan" adjustments. (Sec. 9718) Freezes standard deduction adjustments for two years. (Sec. 9720) Disqualifies an individual from program participation for: (1) participation in two or more States; and (2) child support arrears. (Sec. 9722) Authorizes the use of program information to assist in locating fugitive felons. (Sec. 9723) Defines "work program." Makes nonexempt persons ineligible for program benefits if during the preceding 12-month period they received food stamps for six months or more without working at least 20 hours per week, or participating in a workfare program. Sets forth exempted persons and situations. Revises work requirement and employment and training provisions. Extends employment and training funding authorizations. (Sec. 9725) Extends current claims retention rates. (Sec. 9726) Extends Puerto Rico block past assistance. (Sec. 9727) Treats children who are themselves parents living with their children and married children living with their spouses as part of an existing household rather than as a separate household. Chapter 2: Commodity Distribution - Commodity Distribution Act of 1995 - Authorizes the Secretary to purchase and distribute food assistance commodities to the States. (Sec. 9753) Requires the Secretary to establish procedures for supplemental State, local, and private commodity donations. (Sec. 9754) Requires a State seeking commodity assistance to submit an administrative plan every four years to the Secretary. (Sec. 9755) Establishes program allocation guidelines. Requires States to make emergency feeding organizations their first priority. (Sec. 9756) Authorizes the Secretary to use Commodity Credit Corporation (CCC) funds to pay initial commodity processing and packaging costs. (Sec. 9758) Authorizes program appropriations, including a separate authorization of appropriations for administrative costs. (Sec. 9760) Obligates specified funds for a commodity supplemental food program for women, infants, and children or the elderly. Requires the CCC to donate specified amounts of cheese and nonfat dry milk to such program. (Sec. 9761) States that commodities received under this title shall not be considered income or resources for any Federal, State, or local means-tested program. (Sec. 9768) Repeals the Emergency Food Assistance Act of 1983. Eliminates specified provisions of: (1) the Commodity Distribution Reform Act and WIC Amendments of 1987; (2) the Charitable Assistance and Food Bank Act of 1987; (3) the Food Security Act of 1985; (4) the Agricultural and Consumer Protection Act of 1973; (5) the Food, Agriculture, Conservation, and Trade Act of 1990; and (6) the Hunger Prevention Act of 1988. Chapter 3: Other Programs - Amends the National School Lunch Act to prohibit an institution with more than one employee from participating in the child and adult care food program if employee payments are based upon the number of day care homes recruited, managed, or monitored. Revises day care home reimbursement provisions, including sponsor payments. Obligates specified FY 1996 funds for State grants to family or group day care homes. Requires specified census data to be provided to day care sponsoring organizations. (Sec. 9782) Amends the Child Nutrition Act of 1966 to authorize appropriations (current authorization is discretionary) for the nutrition education and training program. Subtitle H: Treatment of Aliens - Extends the period of sponsor attribution of income and resources (to an alien) under the statewide temporary assistance program (TEA), the supplemental security income program (SSI), and the food stamp program through the date (if any) of such alien's citizenship. Sets forth exceptions based upon age, military or veteran status, family status, domestic violence, or taxpaying status. (Permits Medicaid eligibility.) Amends the Social Security Act to set forth TEA rules regarding income and resource attribution. (Sec. 9802) Amends the Immigration and Nationality Act to set forth rules for sponsor affidavits of support. (Sec. 9803) Extends affidavit of support requirements to family- related and diversity immigrants. Subtitle I: Earned Income Credit - Amends the Internal Revenue Code to require an individual claiming the earned income tax credit to include the individual's and, if married, the spouse's social security number on the individual's tax return. Title X: Reductions In Corporate Tax Subsidies and other Reforms - Revenue Reconciliation Act of 1995 - Subtitle A: Tax Treatment of Expatriation - Sets forth the tax responsibilities of: (1) any U.S. citizen who relinquishes his or her U.S. citizenship; or (2) any long-term U.S. resident who commences to be treated as a resident of a foreign country under provisions of a tax treaty and who does not waive the benefits of such treaty applicable to residents of the foreign country. Allows an exclusion from gain of up to $600,000. Permits an expatriate to elect to continue to be taxed as a United States citizen, in which case the provisions applicable to other expatriates will not apply. Provides for the determination of the basis of the assets of a nonresident alien individual who becomes a U.S. citizen or resident. Subtitle B: Modification to Earned Income Credit - Amends the Internal Revenue Code to include capital gain net income in the definition of disqualified income for purposes of the denial of the earned income credit for individuals having excessive income. Subtitle C: Alternative Minimum Tax on Corporations Importing Products into the United States at Artificially Inflated Prices - Imposes an alternative minimum tax on certain corporations equal to four percent of their net business receipts for a taxable year. Imposes such tax on a corporation (foreign or domestic) if: (1) its gross sales in the United States of manufactured parts or products exceeded $10 million; (2) it imported such products with a customs value in excess of $10 million (artificially inflated prices); and (3) its tax obligation under the alternative minimum tax exceeds its total tax obligation. Subtitle D: Tax Treatment of Certain Extraordinary Dividends - Provides, with respect to a corporate shareholder's basis in stock reduced by the non-tax portion of extraordinary dividends, that if the non-taxed portion of such dividends exceeds such basis, such excess shall be treated as gain from the sale or exchange of such stock for the taxable year in which the extraordinary dividend is received. Subtitle E: Foreign Trust Tax Compliance - Revises the requirements regarding information that must be reported regarding certain foreign trusts. Modifies the circumstances (with regard to foreign trusts having one or more U.S. beneficiaries) in which a transferor is treated as the owner. Replaces provisions setting forth a special rule applicable to foreign grantors with provisions declaring that provisions relating to treating grantors and others as substantial owners shall apply only when that application results in an amount being currently taken into account in computing the income of a U.S. citizen or resident or a domestic corporation. Requires a United States person to report information regarding foreign gifts or bequests when the gifts' aggregate value during a taxable year exceeds $10,000. Modifies requirements regarding the interest charge on accumulation distributions from foreign trusts. Changes the circumstances in which an estate or trust is included in the definition of "United States person." Modifies the definition of "foreign estate or trust." Requires (for provisions relating to the imposition of a tax on transfers to avoid income tax) treating a trust which is not a foreign trust and which becomes a foreign trust as having transferred, immediately before becoming a foreign trust, all of its assets to a foreign trust. Subtitle F: Limitation on Section 936 Credit - Revises the Puerto Rico and possessions tax credit. Provides for a five year phasedown with respect to such credit. Title XI: Committee on Veterans' Affairs - Veterans Reconciliation Act of 1995 - Subtitle A: Permanent Extension of Temporary Authorities - Makes permanent the: (1) requirement that non-service disabled veterans having incomes above a specified level make copayments in exchange for hospital and medical care received through the Department of Veterans Affairs; (2) authority of the Department to recover from primary insurers the cost of care furnished to veterans in Department health-care facilities; (3) authority to verify a veteran's income for purposes of eligibility for needs-based benefits; (4) pension payment limitation of $90 monthly to Medicaid-eligible veterans and their surviving spouses who have no dependents and who reside in Medicaid-participating nursing homes; (5) authority of the Secretary of Veterans Affairs to charge and collect a home loan fee for Department-guaranteed housing loans; and (6) procedures applicable upon default of such guaranteed loans. Subtitle B: Other Matters - Revises the Government's liability standard for injuries or death resulting from Department treatment to allow compensation to be awarded for the additional disability in the same manner as if the disability or death were service-connected. Provides proximate cause requirements. (Sec. 11022) Extends through FY 1996 (currently, December 31, 1995) the authority of the Secretary to guarantee the real estate mortgage investment conduits used to market pools of veterans' loans. (Sec. 11023) Authorizes the Department to collect veterans' home loan guaranty debts in the same manner as all other debts arising under Department programs. Requires the Department to provide affected individuals with notice of the procedure for appealing the collection determination. Subtitle C: Health Care Eligibility Reform - Revises provisions concerning a veteran's eligibility for hospital care and medical services to: (1) allow such care to be provided only to the extent that amounts are provided in advance in appropriations Acts; and (2) provide full eligibility for both hospital and outpatient care for service-disabled veterans, former prisoners of war, veterans of the Mexican border period or World War I, low-income veterans, and veterans who were exposed to a toxic substance, radiation, or an environmental hazard while on active duty. (Sec. 11032) Extends through December 31, 1998, the authority to provide priority hospital care and medical services for certain Persian Gulf War veterans. (Sec. 11033) Makes certain veterans eligible for prosthetic devices as long as they are receiving ongoing care through the Department. (Currently, hospitalization is required before such veterans are so eligible.) (Sec. 11034) Directs the Secretary, in managing the provision of hospital care and medical services, to establish and operate a system of annual patient enrollment, with specified patient priorities. Requires the system to be managed to assure the provision of timely and quality care. Requires the Secretary to establish and manage Department health-care programs in a manner which promotes cost- effective delivery of health care services in the most clinically appropriate setting. Requires the Department to maintain its capacity to provide for specialized needs of certain disabled veterans. (Sec. 11035) Amends the Veterans Health Care Act of 1992 to repeal a provision which terminates on October 1, 1996, the authority of the Secretary to enter into health care resource sharing agreements with the Department of Defense. Entitles the Unites States to recover from primary insurance providers the cost of care or services provided under such Act through a Department medical facility. (Sec. 11036) Repeals a statement of congressional purpose with respect to the Department's sharing of specialized medical facilities, equipment, and information. Expands such sharing authority to include all health care resources and to allow health care providers, plans, and insurers, or other entities or individuals to participate in such sharing arrangements. Increases the authorized payment terms with respect to shared resources. (Currently, only reciprocal reimbursement is permitted.) Allows the Secretary to enter into such arrangements for the treatment of non-veterans only in limited circumstances. (Sec. 11037) Exempts from Department medical personnel ceiling limits all positions held by persons involved in providing health-care resources under sharing arrangements. Title XII: Legislative Branch - Requires that any unobligated funds following a fiscal year from the official expenses allowance of the House of Representatives be dedicated to the Deficit Reduction Fund. Title XIII: Miscellaneous Provisions - Eliminates the disparity between the effective dates for the military and civilian retiree cost-of-living adjustments for FY 1996, 1997, and 1998. Provides for the disposal of specified quantities of the following materials from the National Defense Stockpile: (1) cobalt; (2) aluminum; (3) ferro columbium; (4) germanium; (5) palladium; (6) platinum; and (7) rubber. Requires that certain executive branch agencies prepay the Government contributions which are or will be required in connection with providing health-benefits coverage for annuitants of such agencies. Amends the Internal Revenue Code to extend for seven years the Hazardous Substance Superfund Financing Rate and the repayment date for Superfund borrowing. Title XIV: Budget Process Provisions - Balanced Budget Enforcement Act of 1995 - Establishes a Board of Estimates which shall issue a report stating whether it has chosen the sequestration preview report and final sequestration report of the Office of Management and Budget or the reports of the Congressional Budget Office. Permits the Board to change the list of major estimating assumptions to be used by the Office of Management and Budget and the Congressional Budget Office. Subtitle B(sic): Discretionary Spending Limits - Amends the Congressional Budget Act of 1974 establish discretionary spending limits for FY 1996 through 2002. Extends congressional committee allocation and enforcement provisions and the applicability of certain points of order through 2002. Amends the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act) to revise and extend the budgetary amounts through FY 2000 for the Violent Crime Reduction Trust Fund. Revises the general statement of budget enforcement to apply to discretionary spending limits and pay-as-you-go requirements rather than expired maximum deficit amounts. Extends enforcement of discretionary spending limits through FY 2002. Subtitle C: Pay-As-You-Go Procedures - Permanently extends pay-as-you-go provisions (except for the emergency legislation provision which is repealed) and provides for ten-year scorekeeping. Subtitle D: Miscellaneous - Repeals effective date provisions of title II of Gramm-Rudman-Hollings. Subtitle E: Deficit Control - Establishes decreasing deficit targets for FY 1996 through 2002, with a target of zero for each FY after 2002. Sets forth procedures (including sequestration procedures)to be followed if the deficit exceeds the targeted amount for a fiscal year. Lists accounts and activities exempt from sequestration. Subtitle F: Line Item Veto - Makes provision for line item veto authority, which shall be effective unless disapproved by the passage, as specified, of a rescissions-receipts disapproval bill. Permits any Member of Congress to seek judicial review of any provision of this subtitle. Subtitle G: Enforcing Points of Order - Amends Congressional Budget Act of 1974 provisions concerning points of order in the Senate and House of Representatives. Subtitle H: Deficit Reduction Lock-box - Requires any appropriation bill being marked up or reported to contain a line item entitled "Deficit Reduction Lock-box". Specifies amounts which shall comprise such line in any reported: (1) general appropriations bill containing Treasury and Postal Service appropriations; (2) general appropriations bill; or (3) supplemental appropriations bill. Provides for the reduction of the discretionary spending limit for new budget authority by the amount of budget authority transferred to the Deficit Reduction Lock-box. Requires the Congressional Budget Office scorecard to include amounts contained in the Deficit Reduction Lock-box. Subtitle I: Emergency Spending; Baseline Reform; Continuing Resolutions Reform - Chapter 1: Emergency Spending - Provides for the establishment of a budget reserve account for the purpose of setting aside adequate funding for natural disasters and national security measures. Set forth provisions concerning: (1) points of order regarding emergencies; (2)congressional budget process changes; and (3) reporting. Chapter 2: Baseline Reform - Provides, when making baseline assumptions, for adjustments: (1) for inflation, only to adjust discretionary spending limits; and (2) to offset pay absorption and for pay annualization, only to adjust discretionary spending limits. Requires the President's budget to include estimated expenditures and appropriations for the current fiscal year. Requires the starting point for any congressional budget deliberations for the next fiscal year to be the estimated level of outlays for the current year in each function and subfunction. Chapter 3: Restricted Uses of Continuing Resolutions - Amends the Rules of the House of Representatives to: (1) prohibit any item of appropriation set forth in any joint resolution continuing appropriations, or amendment thereto, from exceeding the rate it would have been at assuming the continuation of current law; and (2) prohibit it being in order to consider any joint resolution continuing appropriations, or amendment thereto, which changes existing law. Subtitle J: Technical and Conforming Amendments - Makes technical and conforming amendments to: (1) the Congressional Budget and Impoundment Control Act of 1974; (2) the Rules of the House of Representatives; and (3) provisions concerning the President's budget. Subtitle K: Truth in Legislating - Requires the report or joint explanatory statement accompanying each House of Representatives reported bill or resolution of a public character to: (1) identify each provision benefitting ten or fewer persons, corporations, organizations, projects, or civil subdivisions; (2) name each beneficiary; (3) name sponsors; and (4) contain a cost estimate.
United States · United States Congress · 19 October 1995
Animal Drug Availability Act of 1995 - Amends Federal Food, Drug, and Cosmetic Act provisions relating to new animal drugs to redefine "substantial evidence" to mean evidence from one or more scientifically sound studies including, as appropriate, in vitro studies, studies in laboratory animals, bioequivalence studies, and any studies voluntarily undertaken by or for the applicant that provide some assurance that the drug will have the intended effect. Excludes a claim for the use of a drug in a minor species or a minor use of a drug from disapproval, if there is an application filed for the drug which is approved prior to the submission of the claim. Allows consideration, when a new animal drug contains more than one active ingredient or its labeling suggests use of the drug in combination with another animal drug, only of whether any of the active ingredients or any of the drugs in the combination, at the longest withdrawal time of any of the active ingredients or drugs in the combination, exceeds its established tolerance or interferes with the methods of analysis for another of the active ingredients or drugs in the combination. Requires the Secretary to issue proposed regulations implementing the provisions of this section which: (1) further define "substantial evidence;" (2) take into account the proposals contained in the citizen petition submitted by the American Veterinary Association and the Animal Health Institute; and (3) provide for the opportunity for a conference to make a decision establishing a submission or an investigational requirement. (Sec. 4) Requires the Secretary to approve or disapprove the application within 90 (currently 180) days of receipt of the application. (Sec. 5) Requires: (1) the Secretary to refer disputed issues received in writing from an applicant to an advisory committee or to a special Government employee; and (2) the committee or employee to submit a report containing recommendations regarding the matter. (Sec. 6) Requires the Secretary to refuse approval of an application if information submitted with respect to the drug indicates that any use suggested in labeling proposed for that drug will result in a unsafe amount of residue. (Sec. 7) Permits the export of an unsafe (as defined in the Act) new animal drug, if it is not in conflict with the laws of the country to which it is exported. (Currently, such export is prohibited.)
United States · United States Congress · 18 October 1995
Livestock Concentration Report Act of 1995 - Directs the President to appoint a Commission on Concentration in the Livestock Industry to review and report on specified meat packing industry matters, including certain studies, effects of antitrust laws, and prices.
United States · United States Congress · 18 October 1995
Food for Peace Reauthorization Act of 1995 - Amends the Agricultural Trade Development and Assistance Act of 1954 (the Act) to express the sense of the Congress that: (1) the United States should maintain its role of world leadership in promoting food security and economic development in developing countries; and (2) the President should encourage other advanced nations to consider appropriate levels of food assistance to meet the needs of such countries. (Sec. 3) Amends the Act to authorize private entities (currently, only developing countries) to receive agricultural commodities under credit terms through a Federal program established by the President. (Sec. 4) Amends the Act to provide that trade and development assistance agreements entered into with private entities shall require such security to provide reasonable and adequate assurance of repayment of the credit financing so extended. States that a developing country with an agricultural market development plan shall be considered to have the potential to become a commercial market for competitively priced U.S. agricultural commodities. States that not more than 50 percent of the agricultural commodities sold under the Act during a fiscal year shall be granted priority because such deeming rule applies. Outlines requirements that must be contained within such a plan in order to be approved by the Secretary of Agriculture. (Sec. 5) Revises provisions with respect to agricultural commodity sales terms and conditions to: (1) remove the requirement that payments be made annually for a minimum of ten years (while retaining the 30 year maximum); and (2) limit the authorized period for deferral of such payments to five (currently, seven) years. (Sec. 7) Authorizes private entities and intergovernmental organizations (currently, only private voluntary organizations or cooperatives) to assist in establishing and administering agricultural trade and development assistance under the Act. Increases the general funding for such support program. Authorizes all such entities to carry out a program: (1) in a foreign country in which the Agency for International Development does not have a mission or office; or (2) that is not part of the developmental strategy prepared by such Agency for the country in which the program is carried out. (Sec. 10) Increases the minimum level of local sales authorized under the assistance program to 15 (currently ten) percent of the aggregate amount of all commodities distributed under non-emergency programs under the Act. (Sec. 11) Extends through FY 2002 the minimum authorized levels of agricultural commodities assistance under the Act. Requires at least 50 percent of the value added commodities shipped out under the Act that are whole grain commodities to be bagged in the United States. (Sec. 13) Revises the membership of the Food Aid Consultative Group. Extends the authorized existence of the Group through December 31, 2002. (Sec. 15) Prohibits any agricultural commodity from being available for disposition under the Act if such disposition would reduce the supply of such commodity below that needed to meet domestic requirements and provide adequate carryover, unless the Secretary determines that some part of the supply should be used to carry out urgent humanitarian purposes. (Sec. 19) Extends through FY 2002 the authorized period for agreements entered into by the Commodity Credit Corporation for agricultural commodity assistance under the Act. Repeals provisions requiring an independent biennial evaluation of programs provided through the Corporation. (Sec. 21) Allows the use of local currencies to meet costs under the farmer-to-farmer program. (Sec. 22) Extends through FY 2002: (1) the farmer-to-farmer program (with an increased level of funding); and (2) the Food for Progress program under the Food Security Act of 1985. (Sec. 24) Redesignates the Food Security Wheat Reserve Act of 1980 as the Food Security Commodity Reserve Act of 1995. Directs the Secretary to establish a reserve stock of wheat, rice, corn, or sorghum, or combination thereof, of no more than 4 million metric tons under the food security commodity reserve program (formerly the food security wheat reserve program). Revises provisions concerning such program with respect to: (1) reserve replenishment; (2) the release of eligible agricultural commodities to meet emergency assistance requirements; (3) the exchange of eligible commodities; (4) the treatment of commodity transportation and handling costs; (5) management of the reserve by the Secretary; (6) the treatment of the reserve under other laws; and (7) the reimbursement of the Corporation for expenses incurred in the release of eligible commodities. Extends the program through FY 2002.
United States · United States Congress · 18 October 1995
Constitutional Amendment - Grants authority to the Congress and the States to set reasonable expenditure limits for elections to Federal or State offices, respectively.
United States · United States Congress · 17 October 1995
Amends the Clean Air Act to direct the Administrator of the Environmental Protection Agency to include requirements for the use of renewable oxygenates in reformulated gasoline regulations.
United States · United States Congress · 29 September 1995
NII Copyright Protection Act of 1995 - Amends Federal copyright law to grant exclusive rights to the owner of a copyrighted work to provide public distribution of copies or phonorecords of such work by transmission. Revises the definition of: (1) "publication" to include transmission as a means by which copies and phonorecords of a work may be distributed to the public; and (2) "transmit" to include distribution by any device or process whereby a copy or phonorecord of the work is fixed beyond the place from which it was sent. Makes importation in the United States, whether by carriage of tangible goods or by transmission, of copies or phonorecords of work acquired outside of the United States an infringement of the exclusive right to distribute such work unless done with the owner's consent. (Sec. 3) Increases from one to three the limit on copies or phonorecords of a work a library or archive is allowed to reproduce. Limits the number of such copies or phonorecords that may be distributed to one. Revises the conditions of such reproduction or distribution to require that a copyright notice must appear on the copy or phonorecord that is reproduced under the provisions of this Act. Allows a library or archive to reproduce or distribute a copy or phonorecord of an unpublished work duplicated in a digital form solely for purposes of: (1) preservation and security; and (2) replacement of a copy or phonorecord that is damaged, deteriorating, lost, or stolen, if the library or archive determines that an unused replacement cannot be obtained at a fair price. Exempts a nonprofit organization from copyright infringement for reproducing and distributing to the visually impaired, at cost, a Braille, large type, audio or other edition of a previously published literary work in a form intended to be perceived by the visually impaired if, during at least a one-year period after the first publication of a standard edition of such work in the United States, the owner of the exclusive right to distribute such work in the United States has not entered the market for editions intended to be perceived by the visually impaired. (Sec. 4) Prohibits any person from importing, manufacturing, or distributing any device or product, or from offering or performing any service, the primary purpose or effect of which is to circumvent any process, treatment, mechanism, or system which prevents or inhibits the violation of any of the exclusive rights of the copyright owner, without the authority of such owner or the law. Prohibits a person from knowingly: (1) providing, publicly distributing, or importing for public distribution false copyright management information; (2) removing or altering any copyright management information, without the authority of the copyright owner or the law; or (3) distributing or importing for distribution such unauthorized altered information or copies or phonorecords from which such information has been removed without authorization. Defines "copyright management information" to mean the name and other identifying information of the author of a work, the name and other identifying information of the copyright owner, terms and conditions for uses of the work, and such other information as the Register of Copyrights may prescribe by regulation. Sets forth civil remedies and criminal penalties for violation of this section.
United States · United States Congress · 29 September 1995
(Sec. 1) Amends the Emergency Planning and Community Right-to-Know Act of 1986 to modify notice requirements regarding releases of extremely hazardous substances (or releases of other substances subject to Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA) notification requirements) to require notification by the owner or operator of the facility at which the chemical is produced, used, or stored to emergency planning officials within one hour of having knowledge (under current law, "immediately") that a release has occurred. Permits an exception to the one hour requirement in the event of unusual or extenuating circumstances. Allows such notice to be given (in addition to the community emergency coordinator and State emergency planning commission, as under current law) to a State agency authorized by State law to receive the notification and requires such an agency to then notify the State emergency response commission within two hours. (Sec. 2) Amends CERCLA to modify notice requirements regarding releases of hazardous substances to require notification by the person in charge of the vessel or facility within one hour of having knowledge of the release (under current law, "as soon as he has knowledge"). Allows such notice to be given (in addition to the National Response Center established under the Clean Water Act, as under current law) to the State emergency response commission or a State agency authorized by State law to receive the notification. Requires the National Response Center to convey the notification to all appropriate government agencies within two hours and provides a similar time period for notification of the Center or both the Center and the commission if first received by the emergency response commission or the authorized State agency, respectively. Allows an exception to the one hour requirement similar to the one provided by the right-to-know amendments of this Act. Revises penalties for failure to notify to conform with this Act's amendments.
United States · United States Congress · 29 September 1995
Self-Employed Health Fairness Act of 1995 - Amends the Internal Revenue Code to increase the deduction allowed for health insurance costs for self-employed individuals from 30 to 100 percent.
United States · United States Congress · 19 September 1995
Amends the Internal Revenue Code to extend the termination date of provisions requiring a refund of gasoline, diesel, and aviation fuel taxes when that fuel is used to produce certain alcohol fuels.
United States · United States Congress · 14 September 1995
Amends the Agricultural Act of 1949 to direct the Secretary of Agriculture to establish a voluntary conservation flex program which will permit producers to adopt integrated site-specific farm management plans. Includes within such plans resource-conserving crops, crop rotation, and rotational grazing.
United States · United States Congress · 13 September 1995
Amends titles II (Old Age, Survivors and Disability Insurance) and XVI (Supplemental Security Income) (SSI) of the Social Security Act to provide for payments to State and local prisons for monthly reports on the identities of inmates ineligible for benefits, especially those erroneously paid such a benefit. Denies SSI benefits for ten years to a person found to have fraudulently obtained such benefits while in prison.
United States · United States Congress · 13 September 1995
Requires that any markup in the committees or subcommittees of the House of Representatives of any legislation changing existing law concerning Medicare or Medicaid pursuant to the reconciliation instructions of the concurrent resolution on the budget for FY 1996 be preceded by a minimum of four weeks for public disclosure of and public hearings on the legislative text of such changes. Prohibits such legislation from being considered in the House until such requirements have been met. Expresses the sense of the House that the Senate should adopt a similar schedule for public disclosure and hearings on the legislative text of any such changes.
United States · United States Congress · 6 September 1995
Lobbying Disclosure Act of 1995 - Requires registration with the Secretary of the Senate and the Clerk of the House of Representatives (appropriate congressional officials) by any individual lobbyist (or the individual's employer if it employs one or more lobbyists) within 45 days after the individual first makes, or is employed or retained to make, a lobbying contact with either the President, the Vice President, a Member of Congress, or any other specified Federal officer or employee, including certain high-ranking members of the uniformed services. Defines a lobbyist as any individual employed or retained by a client for financial or other compensation for services that include more than one lobbying contact (but not an individual whose lobbying activities constitute less than 20 percent of the time engaged in the services provided to that client over a six-month period). (Sec. 4) Provides for: (1) special registration filing rules in cases involving multiple clients and contacts; and (2) registration termination in cases where a registrant is no longer employed or retained by a client to conduct lobbying activities and does not anticipate any additional lobbying activities for such client. Specifies the contents of such registration. Provides for exemptions from registration requirements above in cases involving lobbying income of $5,000 or less (for a particular client) or total expenses of $20,000 or less (in the case of an organization whose employees engage in lobbying activities on the organization's behalf) (adjusted periodically for inflation) for the semiannual period. (Sec. 5) Requires registrants to file semiannual lobbying activity reports with the appropriate congressional officials. Specifies the contents of such reports. (Sec. 6) Specifies various duties of the appropriate congressional officials for carrying out this Act, including reviewing registrations and reports filed under it, and making copies of them available to the public. (Sec. 7) Sets forth penalties for violations involving the requirements of this Act. (Sec. 9) Amends the Foreign Agents Registration Act of 1938 to: (1) replace references to political propaganda with references to informational materials; and (2) add to the exemption from registration requirements under such Act for certain lawyers providing legal representation to disclosed foreign principals to apply it to such representative actions as judicial proceedings and criminal or civil law enforcement inquiries, investigations, or proceedings. Exempts from the requirements of the Foreign Agents Registration Act of 1938 any agent of a foreign government, foreign political party, or other foreign entity not organized for business that registers under this Act. (Sec. 10) Revises (Byrd Amendment) limitations on use of appropriated funds to influence certain Federal contracting and financial transactions, removing obsolete reporting requirements, among other changes. (Sec. 11) Repeals the Federal Regulation of Lobbying Act. Repeals provisions of the Department of Housing and Urban Development Act and the Housing Act of 1949 relating to lobbyist activities. (Sec. 14) Sets forth special rules for the identification of: (1) foreign and other clients on whose behalf lobbying contacts are made with a covered legislative or executive branch official; and (2) such covered officials. (Sec. 15) Permits tax-exempt charitable organizations required to report lobbying expenses by the Internal Revenue Code to report, under this Act, only good faith estimates of such expenses in order to meet specified reporting (including exemption from such reporting) requirements of this Act. (Sec. 16) Amends provisions of Federal law known as the Ramspeck Act to repeal authority extending competitive status to certain legislative and judicial branch employees involuntarily separated without prejudice from their respective branch, entitling them to transfer to the competitive service in the executive branch. (Sec. 17) Requires the Office of Personnel Management (OPM) to promulgate regulations on the manner and extent that experience in a position other than a competitive one may be considered in making appointments to a competitive position. Prohibits the grant, in such regulations, of any preference based on the fact of service in the legislative or judicial branch. Directs OPM to study excepted service considerations for competitive service appointments relating to this Act. (Sec. 18) Makes certain civic leagues or organizations not organized for profit but operated exclusively for the promotion of social welfare, and certain local associations of employees whose net earnings are devoted exclusively to charitable, educational, or recreational purposes, ineligible for Federal funds in any form if they engage in lobbying activities. (Sec. 19) Amends the Foreign Agents Registration Act of 1938 to require the Attorney General to report to Congress semiannually on administrative matters (currently "from time to time") including registration filings. (Sec. 20) Amends the Ethics in Government Act of 1978 to: (1) augment the dollar value categories for required disclosure of income, assets, and liabilities of subject individuals, but limiting disclosure requirements for their spouses and dependent children to income, assets, and liabilities held jointly with the subject individual, and leaving unspecified any such amounts or values exceeding $1 million; and (2) require the financial disclosure reports of subject individuals to include the category of the total cash value of any interest of the reporting individual in a qualified blind trust, except under certain circumstances. (Sec. 21) Amends the Federal criminal code to apply to the Deputy United States Trade Representative (Deputy USTR) the same three-year prohibition against representing, aiding, or advising a foreign entity after leaving Government service as applies to the United States Trade Representative (USTR). Amends the Trade Act of 1974 to prohibit any person who has directly represented, aided, or advised a foreign entity in any trade negotiation, or trade dispute, with the United States from being appointed as USTR or Deputy USTR. (Sec. 23) Expresses the sense of the Senate that lobbying expenses should not be tax deductible.
United States · United States Congress · 6 September 1995
Amends rule XLIII of the Rules of the House of Representatives to prohibit a House Member, officer, or employee from knowingly accepting a gift except as provided in this Act. Allows such individual to accept a gift (other than cash or cash equivalent) which he or she reasonably and in good faith believes to have a value of less than $50 and a cumulative value from one source during a calendar year of less than $100. Provides that no gift with a value below ten dollars shall count towards the $100 annual limit. Considers a gift to a family member to be a gift to such individual if given with his or her knowledge and acquiescence and if there is reason to believe that the gift was given because of such individual's official position. Treats only the food and refreshment that are provided to such individual as a gift if they are also provided at the same time and place to such individual's spouse or dependent. Includes among exempted items: (1) contributions lawfully made under the Federal Election Campaign Act or attendance at a fund raising event sponsored by a political organization; (2) anything provided on the basis of a personal friendship unless such individual has reason to believe that the gift was provided because of his or her official position; (3) otherwise lawful contributions to such individual's legal expense fund; (4) food, refreshments, lodging, and other benefits which result from the outside business or employment activities of such individual or spouse if such benefits have not been offered or enhanced because of such individual's official position, which are customarily provided by a prospective employer in connection with bona fide employment discussions, or which are provided by a political organization in connection with a fund raising or campaign event; (5) training that is the House's interest; (6) a gift of personal hospitality of an individual other than a registered lobbyist or agent of a foreign principal; and (7) certain other opportunities and benefits provided to the public or to Government employees generally. Establishes conditions under which such individual may accept an offer of free attendance at a convention, dinner, or similar event. Prohibits the acceptance of a gift exceeding $250 on the basis of the personal friendship exception unless the Committee on Standards of Official Conduct issues a written determination that such exception applies. Provides that certain reimbursements to such individual for travel expenses to an event in connection with official duties shall not be considered to be gifts if advance authorization is received and the reimbursements and authorization are disclosed within a specified time period. Declares that activities that are substantially recreational in nature shall not be considered to be in connection with official duties. Includes as prohibited gifts to such individual from a registered lobbyist or an agent of a foreign principal: (1) anything provided to an entity that is maintained or controlled by such individual; (2) a charitable contribution made on the basis of such individual's specification, with the exception of a mass mailing or other solicitation directed to a broad category of persons or entities; (3) a contribution or other payment to such individual's legal expense fund; and (4) a financial contribution or expenditure made relating to a conference or similar event sponsored by, or affiliated with, an official congressional organization for, or on behalf of, such individuals. Provides that a charitable contribution made by a registered lobbyist or agent in lieu of an honorarium to such individual shall not be considered a gift under this Act if such individual reports to the Clerk of the House the name and address of the registered lobbyist, the date and amount of the contribution, and the name and address of the designated or recommended charitable organization. Declares that such rules shall be interpreted and enforced solely by the Committee on Standards of Official Conduct.
United States · United States Congress · 4 August 1995
Amends the Internal Revenue Code to allow a cooperative organization to elect to apportion pro rata any portion of the small ethanol producer credit among patrons on the basis of the quantity or value of business done with or for the patrons for the taxable year. Provides for the treatment of the organization and the patrons.
United States · United States Congress · 4 August 1995
Expresses the sense of the House of Representatives that: (1) the Speaker of the House should move to appoint conferees on S. 4 (granting the President legislative line item veto rescission authority) immediately so that the House and Senate may resolve their differences on this important legislation; and (2) no conference report on any appropriation bill or the reconciliation bill required by H. Con. Res. 67 (congressional budget for FY 1996 through 2002) should be considered by the House unless such conference report makes the provisions of S. 4, as passed by the House, applicable to that bill, or Congress has considered the conference report on S. 4.
United States · United States Congress · 2 August 1995
Lobbying Disclosure Reform Act of 1995 - Requires registration with the Federal Election Commission (FEC) by any individual lobbyist (or the individual's employer, if it employs one or more lobbyists) within 30 days after the individual first makes, or is employed or retained to make, a lobbying contact with either the President, the Vice President, a Member of Congress, or any other specified Federal officer or employee. Defines a lobbyist as any individual employed or retained by a client for financial or other compensation for services that include one or more lobbying contacts (but not an individual whose lobbying activities constitute less than ten percent of the time engaged in the services provided to that client). Provides for: (1) special registration filing rules in cases involving multiple clients and contacts; and (2) registration termination in cases where a registrant is no longer employed or retained by a client to conduct lobbying activities, and does not anticipate any additional lobbying activities for such client. Specifies the contents of such registration and reports. Requires registrants to file semiannual lobbying activity reports with the Commission. Provides for exemptions from such registration and reporting requirements in cases involving lobbying income of $2,500 or less (for a particular client), total income in connection with lobbying activities in a six month period of $5,000 or less, or total expenses of $5,000 or less (for all lobbying activities) (adjusted periodically for inflation) for the semiannual period. Specifies various duties of the FEC Chairman for carrying out this Act, including reviewing registrations and reports filed under this Act, and making copies of them available to the public for a fee. Establishes procedures for: (1) determining and resolving alleged violations of this Act; and (2) judicial review of such determinations. Authorizes appropriations. Sets forth special rules for the identification of: (1) foreign and other clients on whose behalf lobbying contacts are made with a covered legislative or executive branch official; and (2) such covered officials. Permits tax-exempt charitable organizations required to report lobbying expenses by the Internal Revenue Code to report, under this Act, only good faith estimates of such expenses in order to meet specified criteria for exemption from the reporting requirements of this Act.
United States · United States Congress · 31 July 1995
Utility Consumer Service Protection Act of 1995 - Amends Federal transportation law to declare that certain requirements relating to establishing maximum driving and on-duty time for drivers of motor vehicles shall not apply to utility service vehicles or utility drivers, or employers engaged primarily in the business of providing a utility service, or to such vehicles or drivers during a utility emergency. Defines: (1) "utility service vehicle" to mean a motor vehicle that is used in any activity related to the ultimate delivery of public utility services to customers; and (2) "utility driver" to mean any employee of a utility provider or other operator of a utility service vehicle while such vehicle is being used in an activity related to the provision of a utility service.
United States · United States Congress · 28 July 1995
Amends the Federal Election Campaign Act of 1971 to reduce permitted contribution amounts to Federal candidates by multicandidate political committees. (Sec. 2) Prohibits a House of Representatives candidate from accepting contributions from a multicandidate political committee in excess of 50 percent of all contributions accepted by such candidate during a reporting period. (Sec. 3) Limits contributions which a House of Representatives candidate may accept from other than in-State residents. (Sec. 4) Removes contribution limitations for congressional candidates whose opponents intend to spend or spend $100,000 or more from personal sources. (Sec. 5) Prohibits leadership committees. (Sec. 6) Revises contribution through intermediary provisions.
United States · United States Congress · 13 July 1995
Farm Credit System Regulatory Relief Act of 1995 - Amends the Farm Credit Act of 1971 to extend the length of time between required Farm Credit Administration examinations of Farm Credit System (FCS) institutions. (Sec. 5) Directs the Farm Credit System Insurance Corporation (FCSIC) to allocate Farm Credit Insurance Fund excess interest earnings to FCS banks. (Sec. 6) Requires FCSIC to implement the least-cost alternative, including liquidation, in providing assistance to troubled FCS banks. (Sec. 8) States that FCSIC may act as conservator or receiver of a FCS institution. (Sec. 9) Sets forth specified FCSIC oversight and regulatory authority, including regulation of golden parachute and indemnification payments. (Sec. 10) Permits FCS associations to establish administrative service entities. (Sec. 11) Sets forth specified requirements for secondary market loan sales, including borrowers' rights. (Sec. 12) Revises certain paperwork, private sector certification, and operating provisions.
United States · United States Congress · 11 July 1995
Access to Emergency Medical Services Act of 1995 - Requires a health plan that provides any emergency services coverage to cover emergency services furnished to a plan enrollee without regard to: (1) whether the provider has an arrangement with the plan; and (2) prior authorization. Mandates prompt payment in a reasonable and appropriate amount and prohibits cost-sharing greater for hospital emergency services than for other settings. Requires specified measures relating to the timeliness of prior authorization determinations regarding needed care identified in initial evaluations. Prohibits plans from discouraging appropriate use of the 911 emergency telephone number or from denying coverage or payment for an item or service solely on the basis that an enrollee uses the number. Amends titles XVIII (Medicare) and XIX (Medicaid) of the Social Security Act to require health maintenance organizations, competitive medical plans, and managed care plans to meet the requirements of this paragraph. Allows State laws that provide protections exceeding those of this Act. Provides for civil money penalties for violations.
United States · United States Congress · 30 June 1995
TABLE OF CONTENTS: Title I: Criminal Law Title II: Judicial Financial Administration Title III: Judicial Process Improvements Title IV: Judiciary Personnel Administration, Benefits, and Protections Title V: Federal Courts Study Committee Recommendations Title VI: Criminal Justice Act Amendments Title VII: Places of Holding Court Title VIII: Miscellaneous Federal Courts Improvement Act of 1995 - Title I: Criminal Law - Amends the Federal criminal code to authorize probation and pretrial services officers, if approved by the district court, to carry firearms under such rules as the Director of the Administrative Office of the United States Courts may prescribe. (Sec. 102) Authorizes the court to direct the U.S. marshal to arrange or furnish: (1) transportation expenses to enable a defendant who is financially unable to provide transportation to consult with an attorney or to return to the place of arrest or bona fide residence; and (2) lodging expenses during the defendant's travel to his or her destination during any proceedings at which an appearance is required or while consulting with counsel. (Sec. 103) Amends the Contract Services for Drug Dependent Federal Offenders Treatment Act of 1978 to reauthorize appropriations. Title II: Judicial Financial Administration - Amends the Federal judicial code to provide that in FY 1995 and each fiscal year thereafter a specified amount shall be transferred annually to the judiciary into a special fund of the Treasury (special fund) for specified expenses incurred in: (1) adjudication of civil and criminal forfeiture proceedings; (2) representation of offenders whose assets have been seized in forfeiture proceedings; and (3) supervision by U.S. probation officers of offenders under home detention or other forms of confinement outside of Bureau of Prisons facilities. (Sec. 202) Increases: (1) the fee for filing a civil action; and (2) the amount taken from such fees, or as part of a judgment for costs, to be deposited into the special fund. (Sec. 203) Provides that: (1) for FY 1995 and thereafter, of each fee collected for admission of an attorney to practice, $30 of that portion of the fee exceeding $20 shall be deposited into the special fund; and (2) any portion exceeding five dollars of the fee for a duplicate certificate of admission or certificate of good standing shall be deposited into the special fund. (Sec. 204) Directs that, upon an election by a bankruptcy judge or magistrate judge, all of the accrued employer contributions and accrued interest on those contributions made on behalf of the bankruptcy judge or magistrate judge to the Civil Service Retirement and Disability Fund shall be transferred to the special fund, with exceptions. (Sec. 205) Sets forth provisions regarding: (1) the use of unclaimed funds deposited in court; and (2) interpreter performance examination fees. Title III: Judicial Process Improvements - Amends the Federal judicial code to expand the duties of a magistrate on an emergency assignment. (Sec. 302) Authorizes: (1) only a person charged with a misdemeanor that is not a petty offense to elect to be tried before a judge of the district court for the district in which the offense was committed; and (2) the magistrate judge, in a petty offense case involving a juvenile, to exercise powers granted to the district court. Prohibits a magistrate judge from proceeding to try a case unless specified conditions are met. (Sec. 303) Sets forth provisions regarding: (1) removal of cases under the Employee Retirement Income Security Act; (2) elimination of in-State plaintiff diversity jurisdiction; and (3) extension of statutory authority for magistrate judge positions to be established in the district courts of Guam and the Northern Mariana Islands. (Sec. 306) Repeals a provision authorizing any civil action, not of a local nature, against defendants residing in different districts in the same State to be brought in any of such districts. (Sec. 307) Specifies that a judgment in an action for the recovery of money or property entered in any court of appeals, bankruptcy court, or in the Court of International Trade, as well as any district court, may be registered by filing a certified copy of the judgment, subject to specified requirements. (Sec. 308) Provides that: (1) when the office of clerk of court is vacant, the deputy clerks shall perform the duties of the clerk in the name of the last person who held that office; and (2) when the clerk is incapacitated, absent, or otherwise unavailable to perform official duties, the deputy clerks shall perform such duties. Authorizes the court to designate a deputy clerk to act temporarily as clerk of the court. Repeals a provision allowing the compensation of a deceased Supreme Court clerk to be paid to his personal representatives until his successor is appointed and qualifies. (Sec. 309) Increases the threshold amount in controversy (from $50,000 to $75,000) to qualify for diversity of citizenship jurisdiction. Provides for annual increases in that amount based on the percent change in the Consumer Price Index, effective January 1, 2000. Title IV: Judiciary Personnel Administration, Benefits, and Protections - Amends Federal judicial retirement provisions to list age and service requirements for retaining office but retiring from regular active service for persons age 60 through 64. (Sec. 402) Authorizes: (1) retroactive credit for resumption of a significant workload by a judge under specified circumstances; and (2) aggregation by a justice or judge for partial years worked. (Sec. 403) Revises provisions regarding: (1) the contribution rate for senior judges under the judicial survivors' annuities system; (2) the refund of contributions for deceased deferred annuitants under the judicial survivors' annuities system; (3) disability retirement and cost-of-living adjustments of annuities for territorial judges; (4) Federal Judicial Center personnel compensation; and (5) creditable service for judicial administrative officials' retirement. (Sec. 408) Amends the Bankruptcy Amendments and Federal Judgeship Act of 1984 to provide that: (1) when filling vacancies, the court of appeals may consider reappointing incumbent bankruptcy judges under specified procedures; and (2) all incumbent nominees seeking reappointment may be considered for such a reappointment, pursuant to a majority vote of the judges of the appointing court of appeals under such procedures. (Sec. 409) Authorizes judicial officers of the United States to carry firearms under regulations promulgated by the Judicial Conference. Grants immunity to any such officer who possesses or uses a firearm carried under the authority of this section and such regulations from any civil suit arising out of such possession or usage to the maximum extent provided by common law. (Sec. 410) Provides that the first vacancy in the office of district judge in each of specified judicial districts occurring five years or more after the confirmation date of the judge named to fill a temporary judgeship created by this Act, shall not be filled. (Sec. 411) Amends the Federal judicial code to consider a court reporter to be a full-time employee during any pay period for which the reporter receives a salary at the annual salary rate fixed for a full-time reporter. (Sec. 412) Repeals a provision barring from jury service members of fire and police departments and public officers actively engaged in the performance of official duties. (Sec. 413) Expands workers' compensation coverage for jurors to cover traveling to or from the courthouse pursuant to a jury summons or sequestration order, or as otherwise necessitated by court order. (Sec. 414) Authorizes: (1) the Director of the Administrative Office to pay a claim by a person summoned to serve or serving as a grand juror or petit juror for loss of, or damage to, personal property that occurs incident to that person's performance of duties; and (2) the presiding judicial officer to appoint a certified or otherwise qualified sign language interpreter to provide services to a participant in a judicial proceeding upon determining that such participant suffers from a hearing impairment. (Sec. 416) Includes the Northern Mariana Islands within the ninth judicial circuit. (Sec. 417) Makes provisions regarding annual and sick leave of Federal employees applicable to positions in the judicial branch designated as court unit executive positions by the Judicial Conference. Title V: Federal Courts Study Committee Recommendations - Amends the Federal judicial code to revise bankruptcy provisions to allow a bankruptcy judge to hear a proceeding that is not a core proceeding but that is otherwise related to a case under title 11. Directs the bankruptcy judge, in such proceeding, to submit proposed findings of fact and conclusions of law to the district court. Directs that any final order or judgment be entered by the district judge after considering the bankruptcy judge's proposed findings and conclusions and after reviewing de novo those matters to which any party has timely and specifically objected. Specifies that: (1) a party shall be deemed to consent to the findings of fact and conclusions of law submitted by a bankruptcy judge unless the party files a timely objection; and (2) if a timely objection is not filed, the proposed findings of fact and conclusions of law submitted by the bankruptcy judge shall become final and the bankruptcy judge shall enter an appropriate order thereon. (Sec. 502) Amends the National Labor Relations Act to authorize the National Labor Relations Board, if any person violates a final order issued by the Board with respect to an unfair labor practice, to petition any U.S. district court in which the practice occurred, or in which such person resides or transacts business, for imposition of a monetary penalty not to exceed $5,000 for each day such person violates the order. Grants the district courts jurisdiction to impose such penalty. (Sec. 503) Amends the Federal judicial code to require the chief judge of the Court of International Trade to be the judge of the court in regular active service who is senior in commission of those judges who: (1) are 64 years of age or under; (2) have served for one year or more as a judge of the court; and (3) have not served previously as chief judge. Sets forth provisions regarding the precedence of judges in acting as chief judge. Title VI: Criminal Justice Act Amendments - Amends the Federal criminal code to require that a Federal defender organization be established for any district, part of a district, or combination of districts where the Judicial Conference determines that: (1) such an organization would be cost effective; or (2) the interests of effective representation otherwise require establishment of such an organization. Authorizes two adjacent districts or parts of districts to establish a defender organization to serve both areas. (Sec. 602) Permits the plan for any district which has not established a Federal defender organization to provide for the establishment of a panel attorney support office to assist the court in managing the panel of attorneys who provide representation pursuant to such plan. Requires such office to provide advice to appointed counsel, maintain a list of members of the panel, review vouchers for compensation prior to submission to judicial officers for approval, coordinate training of members of the panel, and perform any other duties in administering the plan for the district which the court may delegate. Requires the district court to appoint an administrator to direct such office. Specifies that: (1) the Administrator may be employed on a part-time or full-time basis and may appoint such number of employees as may be approved by the Director of the Administrative Office; and (2) such employees shall be subject to removal by the Administrator. (Sec. 603) Provides for the Judicial Conference to determine: (1) compensation for attorneys appointed by the court; and (2) maximum amounts of compensation for services other than counsel. (Sec. 605) Specifies that the services of paralegals and qualified law students shall be compensated or reimbursed at hourly rates established by the Judicial Conference. (Sec. 606) Amends the Federal judicial code to make provisions of the Tort Claims Act applicable to any claim for money damages for injury, loss of liberty, loss of property, or personal injury or death arising from malpractice or negligence of an officer or employee of a Federal Public Defender Organization in furnishing representational services. Title VII: Places of Holding Court - Amends the Federal judicial code to: (1) direct that court for the Southern District of New York be held at New York and White Plains (as under current law) and in the Middletown-Wallkill area of Orange County or in an appropriate nearby location and that court for the Sherman Division of the Eastern District of Texas be held at Sherman (as under current law) and Plano; and (2) authorize the Texarkana Divisions of the Western Division of Arkansas and the Eastern Division of Texas to be held anywhere within the Federal courthouse in Texarkana that is located astride the Texas-Arkansas State line. Title VIII: Miscellaneous - Makes technical amendments relating to: (1) the selection of district judges to attend the annual judicial conference; (2) the Director and Deputy Director of the Administrative Office as Federal officers; (3) the filing of a notice of removal of a criminal proceeding from a State court; and (4) Federal Judicial Center retirement provisions.
![Official portrait of Rep. Minge, David [D-MN-2]](https://www.congress.gov/img/member/m000795_200.jpg)