United States · United States Congress · 21 February 1995
TABLE OF CONTENTS: Title I: Definitions and Special Rules Title II: Access to and Fair Rating of Health Insurance Coverage for Individuals Subtitle A: Increased Availability and Continuity of Health Insurance Coverage for Individuals Subtitle B: Establishment of Standards; Enforcement; Effective Dates Targeted Individual Health Insurance Reform Act of 1995 - Title I: Definitions and Special Rules - Sets forth definitions for this Act, including defining "medisave coverage" as consisting of: (1) coverage of expenses exceeding a catastrophic deductible amount; and (2) a cash benefit that accumulates while not used, to be used for deductibles, cost-sharing, and other expenses. Title II: Access to and Fair Rating of Health Insurance Coverage for Individuals - Subtitle A: Increased Availability and Continuity of Health Insurance Coverage for Individuals - Regulates the periods during which insurers of individuals may deny, limit, or exclude coverage based on health status or related matters. (Sec. 2002) Reduces any exclusion period by any time in continuous coverage. Considers newborns and adopted children as not having any preexisting condition. (Sec. 2003) Prohibits cancellation (or denial of renewal) except for premium nonpayment, fraud, or plan noncompliance, or if the insurer is ceasing to provide any such coverage. (Sec. 2011) Requires insurers of individuals to meet the standards of these provisions. Provides for determination by the Secretary of Health and Human Services that a private entity has established standards for provider networks. (Sec. 2012) Prohibits coverage denial on the basis of a utilization review program unless the program meets the standards determined by the Secretary to have been established by a private entity. (Sec. 2021) Requires insurers of individuals to make available general, catastrophic, and medisave coverage. (Sec. 2022) Prohibits rates from varying except for specified factors. Subtitle B: Establishment of Standards; Enforcement; Effective Dates - Provides for development: (1) by the National Association of Insurance Commissioners of standards regarding subtitle A; and (2) by a private entity regarding utilization review standards. (Sec. 2102) Allows States to elect whether to enforce standards under this Act. Directs the Secretary to enforce them if a State does not. (Sec. 2103) Preempts related State or local standards and laws, including certain State anti-managed care laws.
United States · United States Congress · 21 February 1995
Morris K. Udall Wilderness Act of 1995 - Designates specified lands in Alaska as wilderness and components of the National Wilderness Preservation System.
United States · United States Congress · 14 February 1995
Humanitarian Aid Corridor Act - Prohibits funds for foreign assistance from being made available for any country whose government prohibits or restricts the transport or delivery of U.S. humanitarian assistance. Waives such prohibition if the President notifies the Congress that providing such assistance is in the national security interest. Provides for a resumption of assistance when the President certifies to the Speaker of the House and the Senate Foreign Relations Committee that such country is no longer prohibiting or restricting such transports or deliveries.
United States · United States Congress · 13 February 1995
Volunteer Protection Act of 1995 - Prescribes circumstances under which volunteers working for nonprofit organizations or government entities shall be immune from personal financial liability for acts on behalf of the organization or entity. Sets forth exceptions and conditions that a State may impose on the granting of such immunity. Requires the Secretary of Health and Human Services to increase by one percent the fiscal year allotment which would otherwise be made to a State to carry out the Social Services Block Grant Program under title XX of the Social Security Act if such State has, within two years, certified to the Secretary that it has enacted a State law which provides such immunity. Provides for the continuation of such increase based on an annual recertification.
United States · United States Congress · 13 February 1995
Expresses the sense of the Congress that any U.S. national conducting a commercial cooperation project in Vietnam should adhere to specified principles regarding: (1) nondiscrimination in employment; (2) worker and environmental safety; (3) partnerships with businesses not controlled by the Vietnamese Government; (4) prohibitions on a military presence and political indoctrination programs on project premises; (5) freedoms of association and expression; and (6) the promotion of a full accounting of all Americans missing in action from the Vietnam conflict. Directs the Secretary of State to encourage member nations of the Organization for Economic Cooperation and Development to promote similar principles. Requires U.S. nationals conducting commercial cooperation projects in Vietnam to: (1) register with the Secretary and indicate whether they agree to implement such principles; and (2) report annually to the Department of State on adherence to such principles. Permits Federal agencies to intercede with a foreign government or national on behalf of such a U.S. national regarding export marketing activities in Vietnam only if such individual adheres to the principles.
United States · United States Congress · 7 February 1995
Northern Rockies Ecosystem Protection Act of 1995 - Designates the following lands in Idaho, Montana, Oregon, Washington, and Wyoming as wilderness and components of the National Wilderness Preservation System (System): (1) Greater Glacier-Continental Divide Ecosystem; (2) Greater Yellowstone Ecosystem; (3) Greater Salmon-Selway Ecosystem; (4) Greater Cabinet-Yaak-Selkirk Ecosystem; (5) Islands in the Sky Wilderness; (6) Rattlesnake Wilderness; and (7) Rattlesnake Wilderness Area. Adds specified lands to the Rattlesnake National Recreation Area. Designates: (1) specified wild land areas as Biological Connecting Corridors (Corridors) to protect the life flow of the Northern Rockies Bioregion; (2) the inventoried roadless areas identified as part of the Corridors as components of the System; and (3) certain biological connecting corridors as special corridor management areas. Exempts specified roads and highways from the provisions of this Act. Directs the Secretary of the Interior (Secretary) to study the feasibility of: (1) creating a Hells Canyon-Chief Joseph National Park and Preserve; (2) creating a Flathead National Park and Preserve; and (3) designating such areas as units of the National Park System (NPS). Requires the national park and preserve study areas to be administered by the Secretary of Agriculture. Amends the Wild and Scenic Rivers Act to designate segments of specified rivers and creeks in Idaho, Montana, and Wyoming as components of the National Wild and Scenic Rivers System (NWSRS). Establishes the National Wildland Restoration and Recovery System. Specifies component recovery areas. Authorizes appropriations to establish the National Wildland Recovery Corps (a special unit of the U.S. Forest Service) to carry out land recovery responsibilities. Requires the Corps to develop a wildland recovery plan for each area of the Recovery System, requiring each plan to take into account the specific conditions of the area. Provides that when recovery is achieved for a component of the Recovery System, the Forest Service shall evaluate and make recommendations to the Congress on its suitability for inclusion within the System. Designates certain lands within the Lewis and Clark National Forest known as Badger-Two Medicine Area as the Blackfeet Wilderness Area. Declares that the Congress recognizes that the Blackfeet Nation retains treaty rights in this area as provided in the 1896 treaty with the Federal Government. Requires a review and other considerations with respect to such area. Withdraws the Badger-Two Medicine Wilderness Area from all forms of entry, appropriation, or disposal under the mining laws and disposition under the geothermal and mineral leasing laws. Requires the Secretaries of the Interior and Agriculture to: (1) report to the Congress on implementation of this Act; (2) establish an interagency team to monitor, evaluate, and make recommendations to ensure long-term results required by this Act and to develop a geographic information system for monitoring the Northern Rockies Bioregion; and (3) establish a governmental review board to make recommendations to the Congress on legally restating and unifying the natural resource management mandates of Federal agencies. Requires the Secretaries to assure nonexclusive access to Wilderness areas, National Park and Preserve Study areas, Wildland Recovery areas, and Biological Corridors designated by this Act by Native Americans for traditional cultural and religious purposes. Requires the Forest Service to enter into cooperative management agreements with the appropriate Indian tribes to assure protection of religious, burial, and gathering sites, and to work cooperatively on the management of all uses in the protected areas that affect Indian lands and people. Requires the Secretaries to give particular emphasis to the preservation and protection of cultural resources located within the areas. Reserves, with respect to each wilderness area designated by this Act, a sufficient quantity of water to fulfill the area's designated purpose.
United States · United States Congress · 6 February 1995
Family Planning Amendments Act of 1995- Amends the Public Health Service Act to require family planning grant and contract recipients to provide nondirective counseling and referrals regarding: (1) prenatal care and delivery; (2) infant care, foster care, and adoption; and (3) termination of pregnancy. Allows a provider who objects, on religious or moral grounds, to providing such counseling and referrals to refer the woman to another provider. Requires recipients to: (1) comply with State parental notification or consent laws; and (2) distribute only those condoms meeting current quality and labeling requirements and provide information regarding condom use benefits and risks. Authorizes appropriations. Authorizes appropriations for grants and contracts concerning: (1) training to provide family planning services; and (2) informational and educational materials regarding family planning and population growth.
United States · United States Congress · 3 February 1995
Superfund Recycling Equity Act of 1995 - Amends the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 to absolve persons (other than owners or operators) who arranged for the recycling of recyclable material from liability for environmental response actions. Deems transactions involving scrap paper, plastic, glass, textiles, or rubber (other than whole tires) to be arranging for recycling if the person who arranged the transaction demonstrates that the following criteria were met: (1) the recyclable material met a commercial specification grade and a market existed for the material; (2) a substantial portion of the material was made available for use as a feedstock for the manufacture of a new saleable product; (3) the material (or product to be made from the material) could have been a replacement for a virgin raw material; and (4) with respect to transactions occurring 90 days after this Act's enactment, the person exercised reasonable care to determine that the facility where the material would be managed by another was in compliance with Federal, State, or local environmental laws or regulations. Deems transactions involving scrap metal to be arranging for recycling if the person who arranged the transaction demonstrates that: (1) the criteria for scrap materials were met; (2) he or she complied with applicable standards regarding activities associated with the recycling of scrap metals; and (3) the scrap metal was not melted prior to the transaction. Deems transactions involving spent lead-acid, nickel-cadmium, or other batteries to be arranging for recycling if the person involved demonstrates that: (1) the criteria for scrap materials were met; and (2) he or she complied with applicable Federal environmental regulations or standards regarding such batteries. Makes the exemptions from liability under this Act inapplicable if the person: (1) had an objectively reasonable basis to believe at the time of the recycling transaction that the recyclable material would not be recycled or would be burned as fuel or for energy recovery or incineration or that the consuming facility was not in compliance with Federal, State, or local environmental laws or regulations; (2) added hazardous substances to the material for purposes other than processing for recycling; or (3) failed to exercise reasonable care with respect to the management of the material. Makes such exemptions inapplicable if the recyclable material contained polychlorinated biphenyls in excess of 50 parts per million or any new Federal standard.
United States · United States Congress · 2 February 1995
Uniform Child Support Enforcement Act of 1995 - Instructs the Secretary of the Treasury to establish in the Internal Revenue Service a national registry of abstracts of child support orders. Amends the Internal Revenue Code to prescribe guidelines under which the Internal Revenue Service shall collect child support through tax withholding procedures. Declares that child support obligations will be treated as taxes for purposes of penalties and interest. Amends part D (Child Support and Establishment of Paternity) of title IV of the Social Security Act to: (1) prescribe paternity establishment procedures for State child support programs; (2) reflect the provisions of this Act through the elimination of provisions relating to State enforcement of child support obligations (other than medical support obligations); and (3) require the States to enact the Uniform Interstate Family Support Act adopted by the National Conference of Commissioners on Uniform State Laws in August 1992.
United States · United States Congress · 1 February 1995
National Park Service Concession Policy Reform Act of 1995 - Repeals the Concessions Policy Act of 1965. (Sec. 5) Directs the Secretary of the Interior to authorize, under specified conditions, private persons, corporations, or other entities to provide and operate such facilities and services as the Secretary deems necessary and appropriate in the National Park System (NPS). (Sec. 6) Authorizes the Secretary, upon request and under specified criteria, to allow such entities to provide services to park visitors other than by award of a concession contract or permit. Requires the provision of such services to have minimal impact on park resources and values and to be consistent with park purposes. Provides a two-year term limit for the provision of such services. (Sec. 7) Requires a concession contract to be awarded to the person submitting the best proposal through a competitive selection process to be established by the Secretary. Allows waiver of such procedures and award of a temporary contract to avoid interruption of services. Requires the Secretary to publish a notice of availability for a prospectus soliciting proposals for contracts for concessions at a Park specifying minimum contract requirements and contract terms and conditions. Requires congressional notification of any proposed contract with anticipated gross receipts exceeding $5 million or of a duration of ten or more years. Prohibits the Secretary from granting a preferential right to a concessioner to: (1) renew concession contracts under this Act, with exceptions; or (2) provide new or additional services at a park. Allows such preferential rights to be granted for certain outfitting and guide contracts and certain contracts with annual gross receipts of under $500,000. (Sec. 8) Sets forth criteria for determining franchise fees, including fees for multiple franchise contracts within a park. (Sec. 9) Requires all fees to be: (1) covered into a special Treasury account established for reallocation to NPS units for resource management and protection, maintenance activities, interpretation, and research; or (2) deposited into a Park Improvement Fund established by the concessioner (as directed by the Secretary) from which expenditures shall be made for park activities and projects. Requires: (1) an annual statement from the concessioner to the Secretary reflecting total activity in the Fund for the preceding fiscal year; and (2) an annual report from the Secretary to specified congressional committees concerning Fund expenditures. (Sec. 10) Establishes a maximum: (1) ten-year duration for a concessions contract, provided that the Secretary may award a contract for up to 20 years if determined necessary; and (2) two-year duration for a temporary contract. (Sec. 11) Requires the approval of the Secretary and congressional notification before a concession contract can be transferred, assigned, sold, or conveyed and sets forth conditions that preclude such conveyance. (Sec. 12) Grants possessory interest to: (1) concessioners who have commenced acquisition or construction of any structure on Federal land within a park before the enactment of this Act; and (2) concessioners who construct or acquire an improvement on U.S. land within a Park after enactment of this Act. (Sec. 13) Places limitations on a concessioner's rates and charges to the public. (Sec. 14) Directs the Secretary to: (1) periodically evaluate the performance of each concessioner under contract; (2) terminate a contract if a concessioner fails, within the prescribed time, to meet minimum requirements identified in a notice of unsatisfactory performance; and (3) notify specified congressional committees of each unsatisfactory rating and each contract terminated. (Sec. 15) Provides that the Comptroller General of the United States shall, until the expiration of five calendar years after the close of the business year for each concessioner, have access to and the right to examine any pertinent books, documents, papers, and records of the concessioner related to the contracts. (Sec. 16) Exempts contracts awarded by the Secretary under this Act from certain provisions of Federal law with respect to the leasing of U.S. buildings and properties. (Sec. 18) Requires the Inspector General of the Department of the Interior to submit biannual reports to specified congressional committees on the implementation of this Act and its effect on facilities operated pursuant to concession contracts and on visitor services. (Sec. 19) Authorizes appropriations.
United States · United States Congress · 1 February 1995
Fairness in Musical Licensing Act of 1995 - Revises Federal copyright law to provide that communication by electronic device of a transmission embodying a performance or display of a work by the reception of a broadcast, cable, satellite, or other transmission shall not be a copyright infringement unless an admission fee is charged to see or hear the transmission or the transmission is not properly licensed. Provides that a performance or display in a commercial establishment shall not be considered infringement if incidental to the main purpose of the establishment. Specifies that, if a general music user and a performing rights society are unable to agree on the appropriate fee to be paid for the user's past or future performance of musical works in the society's repertoire, the user shall be entitled to binding arbitration of such disagreement pursuant to the rules of the American Arbitration Association in lieu of any other dispute-resolution mechanism established by any judgment or decree governing the operation of such society. Requires the arbitrator to determine a fair and reasonable fee for the user's past and future performance of works in such society's repertoire and to impose a penalty for infringement if the user's past performance infringed the copyright of such works. Makes an arbitrator's determination binding on both parties. Sets forth provisions regarding civil actions for infringement that may be submitted to arbitration if the license fee for a performance is contested. Requires a performing rights society, at the request of any radio broadcaster, to offer the broadcaster a per programming license to perform nondramatic musical works in its repertoire. Directs that such license be offered on terms and conditions that provide an economically and administratively viable alternative to blanket licenses. Sets forth provisions regarding prices of such licenses. Requires, beginning January 1, 1998, the performance of nondramatic musical works by broadcasters under any per programming period license to be determined on the basis of statistically reliable sampling or monitoring by the society and prohibits the society from requiring the broadcaster to report such performance to the society. Authorizes such broadcasters to bring actions to require compliance with such requirements. Directs each performing rights society to make available free online computer access to copyright and licensing information for each work in its repertoire as well as a semiannual printed directory of each title in its repertoire. Requires such society, upon request, to provide to any person who may perform musical works in its repertoire, copies of documentation establishing the society's right to license the public performance of such works. Bars a society from instituting or being a party to any action alleging infringement in, or charging a fee under any per programming period license for, any work in the repertoire that is not identified or documented as described above, with exceptions. Requires the Attorney General to report annually to the Congress on the activities of the Department of Justice relating to the continuing supervision and enforcement of specified consent decrees of the American Society of Composers, Authors, and Publishers and Broadcast Music, Inc. Sets forth conditions under which landlords, organizers of conventions, or others making space available to another party are exempt from liability under any theory of vicarious or contributory infringement with respect to an infringing public performance of a copyrighted work by a tenant, lessee, or other user of such space. Provides that the transmission of religious services or the recording of copies or phonorecords of a transmission program embodying such services shall not be a copyright infringement.
United States · United States Congress · 1 February 1995
Code of Conduct on Arms Transfers Act of 1995 - Prohibits U.S. military assistance and arms transfers to a foreign government unless the President certifies to the Congress that the government: (1) meets specified conditions regarding democracy, including that it was chosen by free and fair elections and promotes civilian control of the military, the rule of law, and respect for individual rights; (2) does not engage in human rights violations, investigates and prosecutes those responsible for human rights violations, permits access to political prisoners by international organizations, and provides access to such organizations in situations of conflict or famine; (3) is not engaged in acts of armed aggression in violation of international law; and (4) is participating in the United Nations Register of Conventional Arms. Authorizes an exemption from such prohibition for a fiscal year if: (1) the President requests an exemption from the Congress stating that it is in the national security interest to provide military assistance and arms transfers to a government; and (2) the Congress enacts a law approving such request. Requires the President to submit initial certifications and requests for exemptions in conjunction with the submission of the annual request for enactment of authorizations and appropriations for foreign assistance. Expresses the sense of the Congress that the House International Relations Committee and the Senate Foreign Relations Committee should hold hearings on controversial certifications and all requests for exemptions.
United States · United States Congress · 1 February 1995
Expresses the sense of the Congress that: (1) trafficking in persons violates human dignity and forced prostitution involving physical coercion or debt bondage constitutes a form of forced labor and a slavery-like practice; (2) the U.S. State Department should continue to press the Government of Thailand to strictly enforce all laws that can lead to the prosecution of those involved in trafficking and forced prostitution, ensure that Thai police participants in U.S. Government-sponsored police training programs are systematically vetted to exclude those implicated in such activities, urge the Thai Government to protect the rights and safety of Burmese women and girls in Thailand who are freed from brothels or arrested as illegal immigrants because their status as trafficking victims is unclear, and report to the Congress; (3) the executive branch should take steps to assure that weapons and equipment provided or sold to the Thai police do not become available to members of those forces who might be involved in trafficking, forced prostitution, or abuse of women who are apprehended; and (4) the Agency for International Development should target a portion of its assistance to Thailand for AIDS prevention and control to the foreign population in Thailand, particularly Burmese women in the Thai sex industry.
United States · United States Congress · 30 January 1995
Teamwork for Employees and Managers Act of 1995 - Amends the National Labor Relations Act to allow employers to establish, assist, maintain, or participate in an organization or entity in which employees participate to address matters of mutual interest (including issues of quality, productivity, and efficiency) if such organizations or entities cannot negotiate, enter into, or amend collective bargaining agreements.
United States · United States Congress · 27 January 1995
TABLE OF CONTENTS: Title I: General Provisions Title II: Revenue from Mining Claims Title III: Helium Title IV: Use of Disposal of Federal Natural Resources Title V: National Park Concessions Public Resources Deficit Reduction Act of 1995 - Title I: General Provisions - Prohibits any timber, minerals, forage, or other natural resources owned by the United States, any federally owned water, or hydroelectric energy of a Federal facility from being sold, leased, or otherwise disposed of by any Federal entity for less than fair market value. (Sec. 102) Authorizes the Secretaries of the Interior and Agriculture to establish and collect user fees as necessary to reimburse the United States for expenses incurred in administering programs. (Sec. 103) Requires the revenues from the sale, lease, and transfer of Federal assets to be included in the President's budget submission to Congress. Title II: Revenue from Mining Claims - Requires the holders of mining claims to pay an annual claim maintenance fee of $100 per claim per calendar year. Allows the waiver of such fee for holders of more than ten claims. (Sec. 203) Requires claimholders to pay a royalty of eight percent of gross income for production of locatable minerals on Federal lands. (Sec. 204) Amends the Internal Revenue Code to impose an excise tax on gross income resulting from the severance of any locatable mineral, or mineral concentrates or products, from a mine or other natural deposit. Makes such tax inapplicable to gross income to which a royalty is imposed. (Sec. 205) Establishes the Abandoned Locatable Minerals Mine Reclamation Fund for the reclamation and restoration of land and water resources adversely affected by past mineral activities on Federal lands. Credits the royalties and excise tax under this title to such Fund. (Sec. 206) Prohibits the issuance of a patent for any mining claim unless the Secretary of the Interior determines that, for the claim concerned: (1) a patent application was filed before January 27, 1995; and (2) all requirements are met under the Revised Statutes for vein or lode claims and for placer claims. (Sec. 207) Requires the Secretary to adjust all dollar amounts under this title for changes in purchasing power every ten years, employing the Consumer Price Index as the basis for adjustment. Title III: Helium - 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 and transport 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. Instructs the Secretary to eliminate helium stockpiles by a prescribed deadline. Repeals the Secretary's authority to borrow under the Helium Act. Title IV: Use or Disposal of Federal Natural Resources - Amends the Federal Land Policy Management Act of 1976 to direct the Secretary of Agriculture, with respect to National Forest lands in the 16 contiguous Western States, and the Secretary of the Interior, with respect to public domain lands, where domestic livestock grazing is permitted under applicable law, to establish and implement an annual domestic livestock grazing fee equal to fair market value, based on a specified formula. Sets forth provisions regarding: (1) abolition of grazing advisory boards; and (2) the U.S. share of receipts. (Sec. 402) Amends the National Forest Management Act of 1976 to prohibit below-cost timber sales from National Forest System Lands. (Sec. 403) Amends the Forest and Rangeland Renewable Resources Planning Act of 1974 to require the Secretary of Agriculture in revising land management plans to take into account the economic suitability of lands for timber production. (Sec. 404) Amends the Reclamation Project Act of 1939 to require that irrigation water from the Bureau of Reclamation used to grow surplus crops be paid for at the full cost for delivery. (Sec. 405) Amends the Food Security Act of 1995 and the Federal Crop Insurance Act to provide for the reduction of payment limitations for persons who receive Federal irrigation water for agricultural purposes. (Sec. 408) Amends the Emergency Livestock Feed Assistance Act of 1988 to repeal the livestock feed assistance program. (Sec. 409) Requires that permits for the use of communications sites on public lands be established at fair market value. (Sec. 410) Amends the Mineral Leasing Act to require that oil and gas rental prices for leases on public lands be established at fair market value. Title V: National Park Concessions - Repeals the Concessions Policy Act of 1965. (Sec. 504) Authorizes the Secretary of the Interior to award concession contracts that authorize private persons, corporations, or other entities to provide services to park visitors and to utilize facilities if it is determined that such award is appropriate. (Sec. 505) Requires a concession contract to be awarded to the person submitting the best proposal through a competitive selection process to be established by the Secretary. Allows waiver of such procedures and award of a temporary contract to avoid interruption of services. Requires the Secretary to publish a notice of availability for a prospectus soliciting proposals for contracts for concessions at a Park specifying minimum contract requirements and contract terms and conditions. Requires congressional notification of any proposed contract with anticipated gross receipts exceeding $1 million or of a duration of ten or more years. Prohibits the Secretary from granting a preferential right to a concessioner to renew concession contracts under this Act, with exceptions. Allows such preferential rights to be granted for certain outfitting and guide contracts and certain contracts with annual gross receipts of under $500,000. (Sec. 506) Sets forth criteria for determining franchise fees, including fees for multiple franchise contracts within a park. (Sec. 507) Requires all fees to be: (1) covered into a special Treasury account established for reallocation to NPS units for resource management and protection, maintenance activities, interpretation, and research; or (2) deposited into a Park Improvement Fund established by the concessioner (as directed by the Secretary) from which expenditures shall be made for park activities and projects. Requires: (1) an annual statement from the concessioner to the Secretary reflecting total activity in the Fund for the preceding fiscal year; and (2) an annual report from the Secretary to specified congressional committees concerning Fund expenditures. (Sec. 508) Establishes a maximum: (1) ten-year duration for a concessions contract, provided that the Secretary may award a contract for up to 20 years if determined necessary; and (2) two-year duration for a temporary contract. (Sec. 509) Requires the approval of the Secretary and congressional notification before a concession contract can be transferred, assigned, sold, or conveyed and sets forth conditions that preclude such conveyance. (Sec. 510) Grants possessory interest to: (1) concessioners who have commenced acquisition or construction of any structure on Federal land within a park before the enactment of this Act; and (2) concessioners who construct or acquire an improvement on U.S. land within a Park after enactment of this Act. (Sec. 511) Places limitations on a concessioner's rates and charges to the public. (Sec. 512) Directs the Secretary to: (1) periodically evaluate the performance of each concessioner under contract; (2) terminate a contract if a concessioner fails, within the prescribed time, to meet minimum requirements identified in a notice of unsatisfactory performance; and (3) notify specified congressional committees of each unsatisfactory rating and each contract terminated. (Sec. 513) Provides that the Comptroller General of the United States shall, until the expiration of five calendar years after the close of the business year for each concessioner, have access to and the right to examine any pertinent books, documents, papers, and records of the concessioner related to the contracts. (Sec. 514) Exempts contracts awarded by the Secretary under this Act from certain provisions of Federal law with respect to the leasing of U.S. buildings and properties. (Sec. 516) Requires the Inspector General of the Department of the Interior to submit biannual reports to specified congressional committees on the implementation of this Act and its effect on facilities operated pursuant to concession contracts and on visitor services. (Sec. 517) Authorizes appropriations.
United States · United States Congress · 26 January 1995
TABLE OF CONTENTS: Title I: Conversion of Joliet Army Ammunition Plant to Midewin National Tallgrass Prairie Title II: Other Real Property Disposals Involving Joliet Army Ammunition Plant Title III: Miscellaneous Provisions Illinois Land Conservation Act of 1995 - Title I: Conversion of Joliet Army Ammunition Plant to Midewin National Tallgrass Prairie - Ratifies the proposals identified by the land use plan which was developed by the Joliet Arsenal Citizen Planning Commission, approved April 8, 1994. Transfers to the Secretary of Agriculture (Secretary), without reimbursement, portions of the Joliet Army Ammunition Plant in Illinois (Arsenal) to constitute the Midewin National Tallgrass Prairie (MNP) established by this Act. Directs the Secretary and the Secretary of the Army to provide and maintain security measures on such portions of the Arsenal as are under their jurisdictions. Authorizes the Secretary, prior to such transfer and subject to such reasonable terms and conditions as the Secretary of the Army may prescribe, to enter upon Arsenal property for purposes related to planning, resource inventory, fish and wildlife habitat manipulation (including burning), and specified other activities. (Sec. 102) Transfers jurisdiction to the Secretary over those portions of the Arsenal property identified for transfer within six months of this Act's enactment. Specifies that, in the case of Arsenal property to be transferred to the Secretary, the Secretary of the Army shall transfer to the Secretary only those portions for which no further action is required under any environmental law. Provides for additional transfers and the identification of portions for transfer for the MNP. Directs the Secretary of the Army to retain jurisdiction, authority, and control over real property at the Arsenal to be used for environmental cleanup purposes. Requires all costs of necessary surveys for the transfer of jurisdiction of Arsenal property from the Secretary of the Army to the Secretary to be shared equally by the two Secretaries. (Sec. 103) Requires the Secretary of the Army, with respect to the real property at the Arsenal, to remain liable for and continue to carry out all: (1) response actions required under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA) and all remediation actions required under other environmental laws at or related to the property; and (2) actions required under other environmental laws to remediate petroleum products or their derivatives. Specifies that the Secretary of the Army shall retain any obligation or other liability at the Arsenal that he or she may have under CERCLA and other environmental laws. Relieves the Secretary from liability for certain costs, penalties, or fines regarding response actions required under CERCLA or the presence, release, or threat of release of any hazardous material at or related to the Arsenal or actions necessary to remedy noncompliance or other specified problems. Requires any Federal department or agency that had or has operations at the Arsenal resulting in the release or threatened release of hazardous substances, pollutants, or contaminants to pay the cost of related response actions or related actions under other statutes to remediate petroleum products or their derivatives. (Sec. 104) Establishes the MNP in Illinois to be managed for National Forest purposes. Permits acquisition of private lands for inclusion in the MNP on a willing seller basis only. (Sec. 105) Permits the construction and maintenance of roads for use within the MNP, the granting of authorizations for utility rights-of-way under applicable Federal law, or such access as is necessary. Sets forth provisions regarding: (1) agricultural leases and special use authorizations; (2) user fees; (3) salvage of improvements; (4) treatment of user fees and salvage receipts; and (5) cooperation with States, local governments, and other entities. Requires the Secretary to develop a plan to provide Will County, Illinois, and local jurisdictions with access to, and use of, groundwater through the existing system of wells located on portions of the Arsenal property to be included in the MNP. (Sec. 106) Designates specified areas of property at the Arsenal for disposal. Title II: Other Real Property Disposals Involving Joliet Army Ammunition Plant - Transfers specified real property at the Arsenal, without reimbursement, to: (1) the Secretary of Veterans Affairs for use as a national cemetery; (2) Will County, Illinois, for use as a landfill; and (3) the State of Illinois for economic redevelopment to replace the economic activity lost at the Arsenal. Requires the reversion to the United States of: (1) the landfill property if the property is not being operated as a landfill or if the Federal Government is denied reasonable access to the property; and (2) the economic redevelopment property if such property is not being used for such purposes. Title III: Miscellaneous Provisions - Declares that nothing in this Act shall be construed to restrict or lessen the degree of cleanup at the Arsenal required to be carried out under any environmental law.
United States · United States Congress · 25 January 1995
Legislative Line Item Veto Act - Amends the Congressional Budget and Impoundment Control Act of 1974 to authorize the President to propose to the Congress the cancellation of any budget item provided in any Act. Authorizes the President to transmit a draft bill to the Congress with such a proposal, including the amount of each budget item designated for deficit reduction. Establishes expedited procedures in the Senate and the House of Representatives for consideration of such bill.
United States · United States Congress · 23 January 1995
Women's Right To Know Act of 1995 - Amends title XI of the Civil Rights Act of 1964 to prohibit a governmental authority, in or through any program or activity that provides health care services or information, from limiting the right of any person to provide or to receive nonfraudulent information about the availability of reproductive health care services, including family planning, prenatal care, adoption, and abortion services.
United States · United States Congress · 19 January 1995
Senior Citizens' Tax Relief Act of 1995 - Amends the Internal Revenue Code to increase the limitation on the one-time exclusion of gain from the sale of a principal residence by an individual who has attained age 55 and provide a cost-of-living adjustment for such amount. Increases the unified credit against the estate tax and the unified credit against the gift tax and provides a cost-of-living adjustment for such credits. Reduces the capital gains tax for a taxpayer other than a corporation by allowing the deduction of 50 percent of the net capital gain. Provides for computing such deduction for estates and trusts. Disallows such deduction against the minimum tax.
United States · United States Congress · 17 January 1995
Prohibits the President from providing economic or military assistance or arms transfers to the Government of Mauritania unless the President certifies to the Congress that such government has taken action to eliminate chattel slavery, including the enactment and enforcement of anti-slavery laws that provide appropriate punishment for violators.
United States · United States Congress · 17 January 1995
Student Loan Evaluation and Stabilization Act of 1995 - Amends the Higher Education Act of 1965 with respect to student loan programs. (Sec. 3) Revises the Federal Direct Student Loan program to limit the proportion of loans made under such program: (1) for academic year 1994-1995, to five percent of the new student loan volume for such year; and (2) for academic year 1995-1996 and any succeeding fiscal year, to loans to students and parents of students attending eligible institutions which have applied and been accepted for institutional participation in such program on or before December 31, 1994. Eliminates provisions for selecting additional institutions to participate in such pilot program. Reduces the maximum amount of funds for administrative expenses of such program allowed for certain periods. Revises the items which such funds must cover, including the costs of annually assessing such program and payment of an administrative cost allowance for the expenses of guaranty agencies in servicing outstanding loans in their portfolios and in guaranteeing new loans. Revises provisions for congressional oversight of program administration, by providing for funding triggers which allow administrative funds to be obligated only in such amounts and according to such schedule as specified in the appropriations Act for the Department of Education after submission by the Department of a detailed proposal for such expenditures. Requires a guaranty agency to: (1) submit a specified application before obtaining an administrative cost allowance from such funds; (2) expend such allowance only for specified purposes; and (3) elect a payment rate on the basis of one of two specified formulas. Provides for ratable reductions of such allowances when total payments exceed a specified level. Directs the Secretary of Education to provide a detailed quarterly report of all such expenditures to specified congressional committee chairs. Requires such report to specifically identify all contracts entered into by the Department for services supporting the Federal Family Education Loan (FFEL) Program and the Federal Perkins Loan Program, as well as the current and projected costs of such contracts. Eliminates the transition to the Federal Direct Loan Program. (Sec. 4) Sets forth conditions under which: (1) Federal Perkins Loan borrowers can obtain FFEL consolidation loans; and (2) FFEL borrowers can obtain Federal direct consolidation loans. (Sec. 5) Revises provisions relating to reserve fund programs. (Sec. 6) Sets institutional default rate limitations on direct lending. (Sec. 7) Provides for applications for FFEL loans using the free Federal application form, which is already in use for other types of student aid. Allows such form to be in an electronic or any other format, subject to certain conditions, in order to facilitate use by borrowers and institutions. Provides for authorized guaranty agencies to receive such form. (Sec. 8) Amends the Congressional Budget Act to prescribe a formula for determining the cost of a direct loan on the basis of the net present value, at the time the direct loan is disbursed, of specified types of cash flows for the estimated life of the loan.
United States · United States Congress · 17 January 1995
United States One Dollar Coin Act of 1995 - Amends Federal currency law to prescribe the color and content of one-dollar coins. Prohibits a Federal reserve bank from placing into circulation any one-dollar Federal Reserve note after the date that the one-dollar coins are first placed in circulation. Directs the Secretary of the Treasury to cease regular production of one-dollar Federal Reserve notes (except for such quantities as are required to meet collectors' needs).
United States · United States Congress · 17 January 1995
Church Retirement Benefits Simplification Act of 1995 - Amends the Internal Revenue Code to recodify and revise qualifications for church retirement and pension plans. Makes employee contributions to such plans nonforfeitable. Requires the plan to meet minimum vesting requirements. Recodifies the authority of a church or a convention or association of churches to be treated as an employer making contributions to retirement income accounts. Subjects church-related hospitals and universities to certain coverage and related rules in the case of a contract purchased by a church. Requires distributions from retirement income accounts provided by churches to be in accordance with distributions under cash or deferred arrangements. Provides for determining the beginning date for such distributions. Allows self-employed ministers and chaplains who work for non-church employers to participate in their church plans. Provides that certain rules aggregating employees do not apply to churches. Restores qualified voluntary employee contributions to church plans. Treats self-employed ministers as employees for purposes of certain welfare benefit plans and retirement income accounts. Allows a deduction for contributions to retirement income accounts by such ministers. Provides that a church plan maintained by more than one employer shall not be treated as a single plan. Provides that accounting methods of deferred compensation plans of State and local governments and tax-exempt organizations do not apply to a church plan. Exempts a church plan from the requirement to maintain separate accounts for medical benefits for key employees. Provides that the special rules for computing employee contributions to pension plans do not apply to certain foreign missionaries. Repeals the elective deferral catch-up limitation for church retirement income accounts. Allows church plans to annuitize benefits and increase benefit payments. Provides that rules for self-insured medical reimbursement plans are not applicable to church plans. Provides that retirement benefits of ministers are not subject to the tax on net earnings from self-employment.
United States · United States Congress · 13 January 1995
Repeals the Davis-Bacon Act (an Act which requires that the locally prevailing wage rate be paid to various classes of laborers and mechanics working under federally-financed or federally-assisted contracts for construction, alteration, and repair of public buildings or public works). Repeals the Copeland Act (an Act which requires the Secretary of Labor to regulate contractors and subcontractors engaged in the construction or repair of public buildings, public works, or federally financed or assisted buildings or works).
United States · United States Congress · 11 January 1995
National Gambling Impact and Policy Commission Act - Establishes the National Gambling Impact and Policy Commission to: (1) study gambling in the United States and existing governmental policies and practices with respect to the legalization or prohibition of gambling activities; and (2) formulate and propose appropriate changes in such policies and practices for a report to the President and the Congress.
United States · United States Congress · 11 January 1995
Amends the Omnibus Budget Reconciliation Act of 1990 to: (1) make permanent the Medicare select policy program; and (2) allow access to Medicare select policies in all States. Amends title XVIII (Medicare) of the Social Security Act to revise the Medicare select policy program and provide for a civil penalty for misrepresentations made in connection with a Medicare select policy.
United States · United States Congress · 5 January 1995
Expresses the sense of the House of Representatives that: (1) obstetrician-gynecologists should be designated as primary care providers for women in Federal laws relating to the provision of health care; and (2) legislative proposals that define primary care should include services performed by obstetrician-gynecologists in such definition.
United States · United States Congress · 4 January 1995
Bilingual Voting Requirements Repeal Act of 1995 - Amends the Voting Rights Act of 1965 to eliminate certain bilingual voting requirements and related provisions.
United States · United States Congress · 4 January 1995
Amends the Clean Air Act to authorize a State in which all or part of a Severe ozone nonattainment area is located to submit a plan revision requiring employers in such area to implement programs to reduce work-related vehicle trips and miles by employees. (Current law requires such States to submit such revision within two years of the enactment of the Clean Air Act Amendments of 1990.) Authorizes such revision to require employers in such areas to increase average passenger occupancy per vehicle in commuting trips between home and workplace during peak travel periods. (Current law requires specified increases in average passenger occupancy.) Authorizes (currently, requires) the revision to require employers subject to a vehicle occupancy requirement to submit a compliance plan.
United States · United States Congress · 4 January 1995
TABLE OF CONTENTS: Title I: Medical Savings Accounts Title II: Development and Distribution of Comparative Value Information Health Care Savings Plan Act of 1995 - Title I: Medical Savings Account - Amends the Internal Revenue Code to allow individuals a tax deduction for contributions made to a medical care savings account established for the benefit of an eligible individual. Defines an eligible individual as one who is: (1) not covered by an employer-provided group health plan; or (2) covered by such a plan which is a qualified catastrophic coverage health plan and is not covered by any other health plan. Allows penalty-free withdrawals from such accounts to the extent that amounts in such accounts exceed $15,000. Allows such deduction in arriving at adjusted gross income. Excludes employer contributions to such accounts from employment taxes. Establishes an excise tax for excess contributions to medical care savings accounts and makes such accounts subject to the tax on prohibited transactions. Allows the transfer of unused amounts in flexible spending accounts of cafeteria plans to medical savings accounts. Allows the full deduction for medical and dental expenses for amounts paid for qualified catastrophic coverage health plans. Title II: Development and Distribution of Comparative Value Information - Requires each State to develop and implement information programs regarding comparative health values for purchasers of health care. Makes grants available for the development of such programs. Requires Federal implementation of a program for any State that does not develop or continue to implement such a program. Requires the dissemination of comparative value information relative to Federal programs of health insurance and health care services. Requires the development of model systems to facilitate the gathering and analyzing of data on health care cost, quality, and outcome with respect to health insurance plans and hospitals. Authorizes appropriations.
United States · United States Congress · 4 January 1995
Amends Internal Revenue Code provisions relating to the income tax deduction for the health insurance costs of self-employed individuals to: (1) increase the allowable deduction from 25 percent to 100 percent; and (2) make the deduction permanent.
United States · United States Congress · 4 January 1995
Prohibits the manufacture, sale, delivery, or importation of school buses that are not equipped with seat belts (with particular emphasis on the use of an Aaron Gordon type flight attendant double shoulder harness mechanism or other appropriate safety restraint device providing equal or greater passenger safety). Sets forth civil penalties.
United States · United States Congress · 4 January 1995
Prohibits a weekly periodical publication which is eligible to publish legal notices under the laws of any State, the pages of which were customarily secured by two staples before March 19, 1989, from being considered to be a bound publication for mail classification purposes solely because its pages continue to be secured by two staples after that date.
United States · United States Congress · 4 January 1995
Black Bear Protection Act of 1995 - Directs the Secretary of Commerce, under the Export Administration Act of 1979, to prohibit the export of American black bear viscera. Requires the Secretary of the Interior to report to the Congress on the American black bear viscera trade and any Fish and Wildlife Service plans to monitor it. Requires the United States Trade Representative to discuss issues involving such trade with countries that are the leading importers of such products.
United States · United States Congress · 4 January 1995
Amends Federal law to deny annuity benefits to a Member of Congress convicted of a State or Federal felony. Authorizes the restoration of such annuity: (1) if the individual is pardoned by the Governor in the case of a felony under State law; or (2) in the case of a reversal. Prohibits any U.S. justice or judge who is in regular active service or who has retired and is receiving the salary of the office and who has been convicted of a State or Federal felony from receiving his or her salary beginning on the date of the conviction. Reinstates and provides reimbursement for such salary if the conviction is subsequently overturned or reversed.
United States · United States Congress · 4 January 1995
Tennessee Valley Authority Power Privatization Act of 1994 (sic) - Directs the President to develop and transmit to the Congress a plan for transferring, by sale or otherwise, all real property, facilities, and equipment of the Tennessee Valley Authority (TVA) to appropriate public and private entities. Requires such plan to provide for transfer: (1) by sale of TVA power generation facilities and equipment; (2) by sale of National Fertilizer and Environmental Research Center facilities and equipment; and (3) of TVA's jurisdictional authority over real property as well as of TVA functions unrelated to power generation to appropriate Federal departments and agencies. Terminates the TVA after the completion of such transfers.
United States · United States Congress · 4 January 1995
TABLE OF CONTENTS: Title I: Mineral Exploration and Development Title II: Environmental Considerations of Mineral Exploration and Development Title III: Abandoned Minerals Mine Reclamation Fund Title IV: Administrative and Miscellaneous Provisions Mineral Exploration and Development Act of 1995 - Title I: Mineral Exploration and Development - Sets forth guidelines for mineral exploration on public domain lands. Declares that holders of mining claims executed under this Act have the exclusive right of possession and use of the claimed land for mineral activities. (Sec. 103) Prescribes rules for mining claim location and use of public land surveys. Provides for administrative adjudication of conflicting claims. Mandates a specified location fee for every unpatented mining claim located after the date of enactment of this Act. (Sec. 104) Subjects existing unpatented mining claims, mill sites, and tunnel sites to the provisions of this Act ("converted mining claims"). (Sec. 105) Sets forth certain annual claim maintenance fees. Mandates that all monies received from such fees be deposited into the Abandoned Locatable Minerals Mine Reclamation Fund (established under this Act). (Sec. 106) States that failure to comply with the requirements of this Act shall be deemed conclusively to constitute forfeiture of the mining claim. (Sec. 107) Prescribes procedural guidelines for: (1) contesting a mining claim on the basis of discovery; and (2) demonstrating the continued sufficiency of a mining claim. Title II: Environmental Considerations of Mineral Exploration and Development - Directs the Secretary of the Interior, and for National Forest System lands the Secretary of Agriculture (the Secretaries), to require that mineral activities on Federal lands be conducted in a manner that minimizes adverse impacts to the environment. Prescribes surface management guidelines for the granting of both an exploration and an operations permit. Requires applications for such permits to contain both an operations plan and a reclamation plan, and evidence of financial assurances. Limits an operations permit to a ten-year term (subject to renewal). (Sec. 205) Declares persons in violation of this Act ineligible for permits. Sets as a prerequisite to the issuance of any permit evidence of financial assurance payable to the United States for all lands to be affected by the mineral activities described in the permit application. (Sec. 207) Mandates that lands subject to mineral activities be restored to a condition capable of supporting their prior uses, or to other beneficial uses which conform to applicable land use plans. Sets forth reclamation standards applicable to mineral exploration. (Sec. 208) Declares that State standards for reclamation, bonding, inspection, and water or air quality which either meet or exceed Federal standards shall not be construed as inconsistent with this Act. Permits cooperative agreements between the States and the Secretary. Prohibits the Secretary from delegating authorities or responsibilities conferred under this Act to any State or its political subdivision. (Sec. 209) Requires the Secretaries, in preparing land use plans, to determine those areas deemed unsuitable for certain mineral activities. Requires withdrawal of such areas from mineral exploration and development. Title III: Abandoned Locatable Minerals Mine Reclamation Fund - Establishes the Abandoned Locatable Minerals Mine Reclamation Fund (the Fund) to be administered by the Secretary of the Interior acting through the Director of the Office of Surface Mining Reclamation and Enforcement for the reclamation and restoration of land and water resources adversely affected by past minerals activities on certain public lands. (Sec. 303) Restricts reclamation expenditures to Federal or Indian land and water resources that traverse or are contiguous to Federal or Indian lands where such resources have been affected by past mineral activities. Authorizes appropriations. (Sec. 306) Subjects to a royalty scheme of eight percent of the net smelter return the production of locatable minerals (or mineral concentrates or products derived from locatable minerals) from any mining claim under this Act. Title IV: Administrative and Miscellaneous Provisions - Subtitle A: Administrative Provisions - Amends the Mining and Minerals Policy Act of 1970 and the National Materials and Minerals Policy Research and Development Act of 1980 to direct the Secretary of Agriculture to implement minerals policy and actions to improve availability and analysis of mineral data in Federal land use decision making for National Forest System lands. (Sec. 402) Authorizes the Secretaries to establish and collect user fees to reimburse the United States for expenses incurred in administering this Act. (Sec. 403) Prescribes procedural guidelines for the publication of an application for an operations permit and public participation requirements. (Sec. 404) Instructs the Secretaries to: (1) inspect mineral activities to ensure compliance with surface management requirements; and (2) require all operators to maintain a monitoring and evaluation system to identify compliance with them. Authorizes citizen suits to enforce compliance. (Sec. 406) Prescribes procedural guidelines for administrative and judicial review of agency actions. (Sec. 407) Sets forth enforcement guidelines and civil and criminal penalties for non-compliance. Subtitle B: Miscellaneous Provisions - Provides transitional rules for: (1) new and preexisting claims; (2) claims that have not been converted; (3) contest proceedings; and (4) oil shale claims. (Sec. 413) Adjusts the dollar amounts established under this Act to a certain inflation formula. (Sec. 417) Prohibits the issuance after January 4, 1995, of patents for vein, lode, placer, and mill site mining claims unless certain administrative requirements are met. (Sec. 418) Declares that the Multiple Minerals Development Act, and certain other Federal law, apply to all mining claims located or converted under this Act. (Sec. 419) Amends Federal law to subject all mineral materials deposits to disposal under the terms of the Materials Act of 1947 (eliminating the concept of uncommon varieties). Renames specified Federal : s: (1) the Surface Resource Act of 1955; and (2) the Materials Act of 1947. Repeals the Building Stone Act and the Saline Placer Act. (Sec. 420) Declares this Act applicable to Federal lands that are used for beneficiation or processing activities for any mineral regardless of Federal title to the mineral. (Sec. 421) Requires recipients of funds under this Act to comply with the "Buy American Act." Expresses the sense of the Congress that such funds should be used to purchase only American-made equipment and products. Declares a person ineligible to receive any contract made with funds provided under this Act if the person has been judicially determined to have intentionally affixed a "made in America" label to a product that is not U.S.-made. (Sec. 423) Declares that court-awarded compensation for a Federal taking under the Fifth Amendment of the Constitution shall be paid from the Fund. Directs the Secretary of the Interior to submit an annual report to the Congress describing the percentage of each mining claim held by a foreign firm.
United States · United States Congress · 4 January 1995
Federal Power Administration Privatization Act of 1995 - Directs the Secretary of Energy to: (1) sell the physical assets and terminate the operations of the Federal Power Marketing Administrations; (2) deposit sale proceeds into the Treasury; and (3) submit a report to the Congress documenting the sales. Declares that after the sale of any hydroelectric project under this Act, it shall continue to be exempt from Federal Power Act requirements.
United States · United States Congress · 4 January 1995
TABLE OF CONTENTS: Title I: Uniform Standards For Malpractice Claims Title II: Requirements For State Alternative Dispute Resolution Systems (ADR) Title III: Definitions Medical Malpractice Fairness Act - Title I: Uniform Standards for Malpractice Claims - Prohibits a health care malpractice action from being brought in any: (1) State court unless the claim that is the subject of the action has been initially resolved under an alternative dispute resolution (ADR) system certified by the Secretary of Health and Human Services (or, in the case of a State in which such a system is not in effect, under the alternative Federal system established under this Act); and (2) Federal court based on diversity of citizenship unless the claim has been initially resolved under the system that applied in the State whose law applies. Directs the Attorney General to establish an ADR process for the resolution of tort claims consisting of such claims brought against the United States. Prohibits an action based on such a claim from being brought in any Federal court unless the claim has been initially resolved under such process. (Sec. 103) Sets forth procedures for filing actions. (Sec. 104) Limits to $250,000 the total of noneconomic damages that may be awarded to a claimant and the claimant's family for losses resulting from the injury, regardless of the number of parties or actions brought with respect to the injury. Limits punitive awards against the manufacturer or seller of a medical product causing injury to twice the amount of other damages awarded with respect to such injury. Makes each defendant in such an action severally but not jointly liable. Directs that each defendant's fault be determined on the basis of the defendant's percentage of responsibility. (Sec. 105) Authorizes periodic payments for future economic losses in excess of $100,000. (Sec. 106) Requires the party contesting an ADR ruling to pay attorney's fees and certain other costs. (Sec. 107) Sets forth provisions regarding: (1) a uniform statute of limitations; (2) certain obstetric services; (3) the development and certification of specialty clinical practice guidelines; and (4) preemption. Title II: Requirements for State Alternative Dispute Resolution Systems (ADR) - Sets requirements for State ADR systems. Provides for the certification of State systems and the applicability of the alternative Federal system, as well as the treatment of States with an alternative system already in effect. (Sec. 203) Requires a report to the Congress describing and evaluating State ADR systems and the alternative Federal system. Title III: Definitions - Defines terms used in this Act.
United States · United States Congress · 4 January 1995
Language of Government Act of 1995 - Declares English to be the official language of the U.S. Government. States that the Government has an affirmative obligation to preserve and enhance the role of English as the official language. Requires the Government to conduct its official business in English. Prohibits anyone from being denied Government services because he or she communicates in English.
United States · United States Congress · 4 January 1995
TABLE OF CONTENTS: Title I: Civil Justice Reform Title II: Reform of Private Securities Litigation Common Sense Legal Reforms Act of 1995 - Title I: Civil Justice Reform - Amends the Federal judicial code to provide for the award of attorney's fees to the prevailing party in Federal civil diversity litigation. Grants the district court discretion to reduce the amount of such award under special circumstances. (Sec. 102) Amends Rule 702 of the Federal Rules of Evidence to make inadmissible: (l) testimony by a witness in the form of an opinion that is based on scientific knowledge unless the court determines that such opinion is based on scientifically valid reasoning and is sufficiently reliable so that its probative value outweighs specified dangers; and (2) testimony by a witness who is qualified if such witness is entitled to receive any compensation contingent on the legal disposition of any claim with respect to which such testimony is offered. (Sec. 103) Sets forth rules governing any product liability action brought in State or Federal court against a manufacturer or seller of a product on any theory for harm caused by the product which shall supersede State law only to the extent that State law applies to an issue covered by this section. Specifies that any issue not covered by this section shall be governed by otherwise applicable State or Federal law. Makes a product seller liable to a claimant for harm only if the claimant establishes that: (1) the product which allegedly caused the harm complained of was sold by the product seller, the product seller failed to exercise reasonable care with respect to the product, and such failure to exercise reasonable care was a proximate cause of the claimant's harm; (2) the seller made an express warranty applicable to the product which allegedly caused such harm, independent of any express warranty made by the manufacturer as to the same product, the product failed to conform to the warranty, and the failure of the product to conform caused the claimant's harm; or (3) the seller engaged in intentional wrongdoing as determined under applicable State law and such intentional wrongdoing was a proximate cause of the harm. Makes an exception where: (1) the manufacturer is not subject to service of process under the laws of the State in which the claimant brings the action; or (2) the court determines that the claimant would be unable to enforce a judgment against the manufacturer. Permits the award of punitive damages against a manufacturer or product seller, to the extent permitted by applicable State law, if the claimant establishes by clear and convincing evidence that the harm suffered was the result of conduct manifesting actual malice. Limits the amount of such damages to three times the amount awarded to the claimant for the economic injury on which such claim is based or $250,000, whichever is greater. Specifies that the liability of each manufacturer or seller of the product involved in the action shall be several only and not joint for non-economic damages. Makes the manufacturer or seller liable only for the amount of non-economic damages allocated in direct proportion to such manufacturer's or seller's percentage of responsibility as determined by the trier of fact. (Sec. 104) Expresses the sense of the Congress that each State should require each attorney admitted to practice law in such State to disclose in writing to any client with whom such attorney has entered into a contingency fee agreement: (1) the actual services performed for such client in connection with such agreement; and (2) the precise number of hours actually expended by such attorney in the performance of such services. Amends Rule 11(c) of the Federal Rules of Civil Procedure to require (currently, allow) the court to impose an appropriate sanction upon an attorney, law firm, or party that has made specified representations to the court (e.g., a representation intended to harass, cause unnecessary delay, increase the cost of litigation, or present frivolous arguments) to compensate the parties injured by the conduct. (Sec. 105) Amends the Federal judicial code to require a district court to dismiss a civil action, without prejudice, if: (1) not later than 60 days after such action is commenced, the defendant files a motion to dismiss on the basis that the plaintiff failed to transmit a written statement specifying the particular claims alleged and the amount of damages claimed to the defendant at least 30 days before commencing such action; and (2) the plaintiff fails to establish that before commencing such action the plaintiff complied with such requirement. Sets forth provisions regarding: (1) exceptions (e.g., any civil action to seize or forfeit assets subject to forfeiture and actions where the defendant is likely to flee); and (2) the statute of limitations. (Sec. 106) Revises rule XI of the Rules of the House of Representatives to require each committee report on a bill or joint resolution (bill) of a public character to include: (1) whether that bill preempts the law of any State; (2) the retroactive applicability, if any, of that bill; (3) whether that bill creates a private cause of action and, if so, a description of the relief and the terms and conditions for awarding any attorney fees; and (4) the applicability, if any, of that bill to the Federal Government or any of its agencies or instrumentalities. (Sec. 107) Amends the Racketeer Influenced and Corrupt Organizations Act to prohibit any person from bringing an action under such Act for damages based on injury to that person's business or property if the racketeering activity involves conduct actionable as fraud in the purchase or sale of securities. Title II: Reform of Private Securities Litigation - Securities Litigation Reform Act - Amends the Securities Exchange Act of 1934, with respect to class actions, to require a court-appointed class action steering committee (composed of class members), or, in the absence of such a committee, a guardian ad litem, to direct counsel for the plaintiff class. (Sec. 202) Sets forth disclosure guidelines for any proposed settlement agreement that is disseminated to the plaintiff class, including: (1) a statement about agreement or disagreement on the amount of damages and the likelihood of the plaintiff's prevailing; (2) the amount of legal costs and fees sought as part of the settlement; and (3) the identification of lawyers' representatives who will be available to answer questions from class members. Prohibits the use of disgorgement funds resulting from actions brought by the Securities Exchange Commission (the Commission) to pay legal expenses incurred by private parties seeking distribution of such funds. (Sec. 203) Declares that the portion of any final judgment or settlement awarded to class plaintiffs serving as the representative parties shall be equal (on a per share basis) to the portion of the final judgment awarded to all other members of the class. Revises the guidelines for private class action suits to: (1) require named plaintiffs to own, in the aggregate, at least $10,000 (market value) in the class of securities concerned, or one percent of that class, whichever is lesser; (2) restrict to five the number of class actions filed by a named plaintiff during any three-year period; (3) subject a losing party litigant to liability for the prevailing party's legal fees; (4) require the court to make a conflict of interest determination with respect to a plaintiff's counsel with a beneficial interest in the securities that are the subject of the litigation; (5) discharge from all claims for contribution by nonsettling persons a defendant who settles before verdict or judgment; (6) provide for recovery of contribution by a person who becomes liable for damages from certain non-parties who would have been liable for the same damages, if joined in the original suit; and (7) grant defendants the right to special verdicts establishing scienter (state of mind). Prohibits brokers or dealers from soliciting or accepting referral fees from an attorney for obtaining the representation of a customer in any private action. (Sec. 204) Delineates the requirements for securities fraud actions, including: (1) explicit pleading and proof of scienter; (2) plaintiff's reliance on a material misstatement or omission that proximately caused the plaintiff's loss; and (3) limitations on damages. (Sec. 205) Directs the Commission to: (1) re-examine the regulatory and judicial framework with respect to predictive statements concerning the future economic performance of an issuer of securities ("forward-looking statements"); (2) create clear and objective criteria ("safe harbor" rules), sufficient to protect investors, by which forward-looking statements will be deemed not to violate such Act; and (3) prescribe procedures for timely court dismissal of claims against securities issuers based on such statements. (Sec. 206) Prescribes procedural guidelines for alternative dispute resolution of private actions, especially class actions.
United States · United States Congress · 4 January 1995
Law Enforcement Officials Protection Act of 1995 - Amends the Federal criminal code to include within the definition of "armor piercing ammunition" a projectile or projectile core which may be used in a firearm which is constructed entirely (excluding the presence of traces of other substances) from polymer plastic.
United States · United States Congress · 4 January 1995
COLA Equity Act - Amends the Omnibus Budget Reconciliation Act of 1993 to: (1) provide that the initial month for which a cost of living increase in military retired pay that becomes effective on December 1 of 1993, 1994, or 1995 is payable shall be March (currently, September) of the following year for persons who first became a member of a uniformed service before August 1, 1986; and (2) provide that such special rule shall apply only through FY 1996 (currently, FY 1998).
United States · United States Congress · 4 January 1995
Conservation Reserve Program Reform Act of 1995 - Amends the Food Security Act of 1985 to extend: (1) the Environmental Conservation Acreage Reserve Program; and (2) the wetlands reserve program. Authorizes the Secretary of Agriculture to extend or modify conservation reserve contracts under specified circumstances. Authorizes a demonstration grant program to permit grass or legumes to be grown on reserve land. Authorizes appropriations.
United States · United States Congress · 4 January 1995
Subsidy Termination for Overdue Payments Act of 1995 - Prohibits a Federal agency or instrumentality from providing financial assistance, with specified exceptions, without certification that the applicant is: (1) not more than 60 days delinquent in the payment of a child support payment order; or (2) in compliance, if so delinquent, with an agreement regarding support collection with the person to whom payment is to be made or a State providing collection services to that person.
![Official portrait of Rep. Porter, John Edward [R-IL-10]](https://www.congress.gov/img/member/p000444_200.jpg)