United States · United States Congress · 13 January 1995
Freedom and Self-Determination for the Former Soviet Union Act - Prohibits foreign assistance from being obligated or expended for Russia for any fiscal year unless the President certifies to the Congress for such fiscal year that: (1) the President has received satisfactory assurances from the Government of Russia, which have been confirmed by the Federal Bureau of Investigation, that Russia's intelligence activities in the United States are confined to routine, non-adversarial information gathering; (2) Russia is making progress toward the unconditional implementation of the Russian-Moldovan troop withdrawal agreement and that the Russian Government is not providing military assistance to any military forces in the Transdniestra region of Moldova; (3) Russian troops in the Kaliningrad region of Russia are respecting the sovereign territory of Lithuania and neighboring countries and are not offensively postured against any other countries; (4) the activities of Russia in the independent states of the former Soviet Union do not represent an attempt by Russia to diminish the sovereignty and independence of such states; (5) Russia is not providing military assistance to any Bosnian Serb military units or to the Government of the Federal Republic of Yugoslavia; (6) the Russian Government has ceased the unilateral demarcation of the border between Russia and Estonia, is engaged in dialogue with Estonia to resolve the border dispute, and has demonstrated a willingness to submit this issue to international arbitration; (7) Russia is not providing any intelligence information to Cuba or assistance to Cuba with respect to the signal intelligence facility at Lourdes; (8) Russia is not providing goods or technology which could contribute to the acquisition of chemical, biological, nuclear, or advanced conventional weapons to Iran, Iraq, Syria, or other countries whose governments have provided support for international terrorism; (9) Russia is in compliance with a specified convention regarding biological weapons and the Wyoming Memorandum of Understanding on chemical weapons; and (10) Russia is committed to reforming the Russian economy along free-market lines. Prohibits, with respect to FY 1995 and 1996, obligating or expending foreign assistance for Russia unless the President certifies to the Congress that the Russian Government has: (1) ceased its military offensive in Chechnya and is committed to resolving the status of Chechnya through negotiations; and (2) provided a full accounting of the espionage activities of Aldrich Ames and has reimbursed the United States for amounts paid to Rosario Ames since her arrest. Requires the President and the Comptroller General to report to the Congress for each fiscal year: (1) the amount of foreign assistance provided to Russia for the preceding fiscal year; (2) a detailed accounting of the amount of foreign assistance appropriated which has not been expended and its status; and (3) an estimate of the total amount of capital exported from Russia during the previous fiscal year and an analysis of reasons for such export. Directs the President to instruct the U.S. executive directors of the international financial institutions to oppose assistance to Russia unless Russia is in compliance with this Act's requirements.
United States · United States Congress · 11 January 1995
National Gambling Impact and Policy Commission Act - Establishes the National Gambling Impact and Policy Commission to: (1) study gambling in the United States and existing governmental policies and practices with respect to the legalization or prohibition of gambling activities; and (2) formulate and propose appropriate changes in such policies and practices for a report to the President and the Congress.
United States · United States Congress · 11 January 1995
Bartlett-Stockman Assault Weapon Ban Repeal Act - Amends the Violent Crime Control and Law Enforcement Act of 1994 to repeal prohibitions relating to semiautomatic assault weapons and large capacity ammunition feeding devices.
United States · United States Congress · 11 January 1995
Requires the Secretary of Health and Human Services, in administering a specified provision of the Federal Food, Drug, and Cosmetic Act, to make a determination, based on either of two specified notices concerning the approval of a medical device for marketing or investigational use in the European Community or by the Ministry of Health and Welfare of Japan, that the exportation of such medical device is not contrary to public health and safety, and has the approval of the importing country.
United States · United States Congress · 11 January 1995
Social Security Trust Funds Integrity Act of 1995 - Amends titles II (Old Age, Survivors and Disability Insurance) (OASDI) and XVIII (Medicare) of the Social Security Act to restructure the Board of Trustees of the trust funds supporting the OASDI and Medicare programs, with each Board composed of members appointed by the President, by and with the advice and consent of the Senate, on a bipartisan basis at the recommendation of House and Senate leadership and the five largest organizations representing senior citizens. Makes it the duty of the Managing Trustee chairing the Board to invest trust fund amounts according to an annual investment plan the Board is required to formulate and submit to the President and the Congress. Removes restrictions on investment and disinvestment of amounts in such trust funds.
United States · United States Congress · 11 January 1995
Property Rights Litigation Relief Act of 1995 - Prohibits any Federal or State agency from taking private property except for public purpose and with just compensation to the property owner. Specifies that a property owner shall receive just compensation if, as a consequence of a decision of any such agency, private property (whether all or in part) has been physically invaded or taken for public use without the consent of the owner, and such action: (1) does not substantially advance the stated governmental interest to be achieved by the legislation or regulation on which the action is based; (2) exacts the owner's constitutional or otherwise lawful right to use the property or a portion of such property as a condition for the granting of a permit, license, variance, or other agency action without a rough proportionality between the stated need for the required dedication and the impact of the proposed use of the property; (3) results in the property owner being deprived, either temporarily or permanently, of all or substantially all economically beneficial or productive use of the property or that part of the property affected by the action without a showing that such deprivation inheres in the title itself; (4) diminishes the fair market value of the affected portion of the property which is the subject of the action by the lesser of ten percent or more, or $10,000 or more, with respect to the value immediately prior to the governmental action (or under any other circumstance where a taking has occurred within the meaning of the Fifth Amendment to the Constitution). Places the burden of proof on the Government. Specifies that no compensation shall be required by this Act if the owner's use or proposed use of the property is a nuisance, but the burden is on the United States to establish that such use or proposed use is a nuisance. Specifies that if an agency action directly takes property or a portion of property, compensation to the owner shall be the greater of an amount equal to: (1) the difference between the fair market value of the property before and after such property becomes subject to the agency action; or (2) business losses. Sets forth provisions regarding: (1) the transfer of property interest; and (2) the source of compensation. Authorizes a property owner to file a civil action under this Act to challenge the validity of any agency action that adversely affects the owner's interest in private property in either the U.S. District Court or the U.S. Court of Federal Claims. Waives the sovereign immunity of the United States. Grants persons adversely affected by an agency action taken under this Act standing to challenge and seek judicial review of that action. Amends the Federal judicial code to grant the Court of Federal Claims jurisdiction to render judgment upon any claim against the United States for monetary relief founded either upon the Constitution or any Act of Congress or any regulation of an executive department, or upon any express or implied contract with the United States, in cases not sounding in tort or for invalidation of any Act of Congress or any regulation of an executive department that adversely affect private property rights in violation of the Fifth Amendment. Grants such Court the power to grant injunctive and declaratory relief and ancillary jurisdiction to render judgment upon related tort claims. Sets forth provisions regarding: (1) the statute of limitations; (2) attorney's fees and costs; and (3) alternative dispute resolution.
United States · United States Congress · 11 January 1995
Requires the Postal Service to ensure that nothing in its regulations prevents a veterans' organization from soliciting contributions on postal property so long as those activities do not impede or disturb: (1) postal employees in the performance of their duties; or (2) the general public in transacting business or obtaining services.
United States · United States Congress · 11 January 1995
Farm, Ranch, and Homestead Protection Act of 1995 - Amends the Endangered Species Act of 1973 to prohibit the Secretary of the Interior, until the Act's reauthorization, from: (1) determining that a species is an endangered or threatened species; or (2) designating a species habitat as a critical habitat. Requires the Secretary, upon the request of persons or entities other than the Federal Government, to compensate such persons or entities for the loss in market value of land that has been designated a critical habitat. Exempts Federal agencies, until the Act's reauthorization, from complying with specified requirements, including: (1) carrying out programs for the conservation of threatened and endangered species; and (2) insuring that Federal actions are not likely to jeopardize the continued existence of endangered or threatened species or result in the destruction of habitat.
United States · United States Congress · 9 January 1995
Directs the Secretary of Commerce, upon determining on the basis of comments submitted in rulemaking under this Act that interest among manufacturers is sufficient to warrant the establishment of a three-year toll-free number pilot program and manufacturers will provide fees so that the program will operate without cost to the Federal Government, to: (1) establish such program solely to help inform consumers whether a product is made in America or the equivalent thereof; and (2) publish the toll-free number in the Federal Register. Requires: (1) the Secretary to contract for the establishment and operation of such pilot program and the registration of products; and (2) such number to be used solely to inform consumers as to whether products are American made. Requires consumers to be informed that such registration does not mean that: (1) the product is endorsed or approved by the Government; (2) the Secretary has conducted any investigation to confirm that the product meets the definition of American made; or (3) the product contains 100 percent U.S. content. (Sec. 2) Directs the Secretary to propose regulations to: (1) establish a procedure under which the manufacturer of a product may voluntarily register such product as complying with such definition and have such product included in the information available through the toll-free number; (2) establish, assess, and collect a fee to cover all costs of registering products and including registered products in information provided under the number; (3) establish the pilot program; and (4) solicit views from the private sector concerning the level of interest of manufacturers in registering products. Requires the Secretary to promulgate such regulations if the pilot program and product registration is determined to be warranted. Sets forth provisions regarding: (1) registration fees; and (2) penalties for knowingly registering a product which is not American made.
United States · United States Congress · 5 January 1995
Expresses the sense of the House of Representatives that: (1) obstetrician-gynecologists should be designated as primary care providers for women in Federal laws relating to the provision of health care; and (2) legislative proposals that define primary care should include services performed by obstetrician-gynecologists in such definition.
United States · United States Congress · 4 January 1995
Amends provisions of the Uruguay Round Agreements Act that revise Federal patent law to provide that a patent term shall be the later of 17 years from the date the patent is granted or 20 years from the date the application was filed in the United States. Provides that if the application contains a reference to an earlier application, the term shall be 20 years from the date the earliest application was filed. Removes provisions that provide for extensions of patent terms under certain conditions. Provides for public disclosure and inspection of original and continuing patent applications in cases where a continuing patent application is filed that claims the benefit of the filing date of a prior application that was filed more than 60 months earlier. Requires the term of a patent that is in force or results from an application filed within six months after the Uruguay Round Agreements Act enactment date to be the term provided in this Act.
United States · United States Congress · 4 January 1995
Amends Federal law to prohibit any State from imposing an income tax on the retirement income of any individual who is not a resident or domiciliary of that State.
United States · United States Congress · 4 January 1995
Amends the Clean Air Act to authorize a State in which all or part of a Severe ozone nonattainment area is located to submit a plan revision requiring employers in such area to implement programs to reduce work-related vehicle trips and miles by employees. (Current law requires such States to submit such revision within two years of the enactment of the Clean Air Act Amendments of 1990.) Authorizes such revision to require employers in such areas to increase average passenger occupancy per vehicle in commuting trips between home and workplace during peak travel periods. (Current law requires specified increases in average passenger occupancy.) Authorizes (currently, requires) the revision to require employers subject to a vehicle occupancy requirement to submit a compliance plan.
United States · United States Congress · 4 January 1995
Amends Federal law to prohibit any State from imposing an income tax on the pension income of any individual who is not a resident or domiciliary of that State.
United States · United States Congress · 4 January 1995
Amends the Internal Revenue Code to provide that the burden of proof with respect to all issues, in the case of any court proceeding, is on the Secretary of the Treasury. Requires the Secretary to identify in writing the specific kind or type of tax, and its specific implementing regulations, within 14 days upon the written request from any person made liable for such tax. Increases the limitation on the amount of recovery for civil damages for unauthorized collection actions by the Internal Revenue Service. Excludes such damages from gross income.
United States · United States Congress · 4 January 1995
Alien Smuggling Prosecution Act of 1995 - Amends the Federal criminal code to include peonage and slavery offenses as predicates to a violation of the Racketeer Influenced and Corrupt Organizations Act.
United States · United States Congress · 4 January 1995
Hearing Loss Testing Act of 1995 - Requires: (1) every newborn to be tested for hearing loss at birth; (2) uniform testing standards; and (3) each health insurance policy providing newborn coverage to cover such testing. Amends title XIX (Medicaid) of the Social Security Act to add newborn hearing loss testing to the definition of screening services. Provides for a grant or other program to assure that all newborns are tested. Authorizes appropriations.
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
Immigration Moratorium Act of 1995 - Restricts U.S. immigration levels to specified numbers of family-sponsored immigrants, employment-based immigrants, and refugees.
United States · United States Congress · 4 January 1995
Individual Investment Account Act of 1993 - Amends the Internal Revenue Code to allow a deduction for amounts contributed to individual investment accounts. Allows tax-free distributions, limited to $15,000 for all taxable years, from such accounts for use in the purchase of a principal residence by a first-time homebuyer. Makes such accounts tax-exempt unless the individual engages in prohibited transactions. Adjusts dollar limitations under this Act for inflation. Allows such deduction in determining adjusted gross income. Exempts such accounts from estate tax. Excludes from gross income gain from the sale or exchange of property if, during the five-year period ending on the date of the sale or exchange, such property has been owned and used by the taxpayer as a principal residence for periods aggregating three years or more. Limits such exclusion to the amount paid to an individual investment account during the one-year period beginning on the date of the sale or exchange. Provides for adjusting the basis of a residence acquired through the use of an individual investment account.
United States · United States Congress · 4 January 1995
Regulatory Relief and Reform Act - Amends Federal law to require approval by law of final agency rules and regulations effective after the date of enactment of 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
1995 Community Protection Initiative - Amends the Federal criminal code to exempt qualified current and former law enforcement officers carrying appropriate written identification of such status from State and local laws prohibiting the carrying of a concealed handgun.
United States · United States Congress · 4 January 1995
Crimes Against the Elderly Penalty Act - Amends the Federal criminal code to impose mandatory minimum sentences for committing violent felonies against individuals aged 65 or over. Prohibits suspended, probationary, and concurrent sentences. Prohibits any plea bargaining agreements that would result in the defendant's serving less than the minimum sentence. Provides that an appeal by the United States shall lie to a court of appeals from an otherwise final decision, judgment, or order of a district court sentencing a defendant on the ground that such sentence is less severe than that required under such provisions. Amends rule 32 of the Federal Rules of Criminal Procedure to: (1) provide that neither the defendant nor the court may waive a presentence investigation and report unless there is in the record information sufficient for the court to determine whether a mandatory sentence must be imposed pursuant to such provisions; and (2) require that the presentence report include information relating to whether any victim had attained age 65 on the date that the offense was committed.
United States · United States Congress · 4 January 1995
Provides that the effective date for discontinuance of veterans' disability compensation and veterans' pension paid by the Secretary of Veterans Affairs shall be the date on which the recipient dies (currently the last day of the month preceding death) in the case of a veteran with a surviving spouse. Requires payments of such compensation to be made to the surviving spouse. Provides that the effective date for the award of dependency and indemnity compensation for which application is received within one year from the date of the veteran's death shall be the day following the date of death in the case of a surviving spouse.
United States · United States Congress · 4 January 1995
Gun Ban Repeal Act of 1995 - Amends the Violent Crime Control and Law Enforcement Act of 1994 to repeal the ban on semiautomatic assault weapons and large capacity ammunition feeding devices.
United States · United States Congress · 4 January 1995
Amends Federal law to exclude the Civil Service Retirement and Disability Fund from the Federal and congressional budgets, and exempt it from any general budget limitation imposed by statute on U.S. budget outlays and from certain orders issued under the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act).
United States · United States Congress · 4 January 1995
Senior Citizens Housing Safety Act of 1995 - Amends the United States Housing Act of 1937 to prohibit persons with drug or alcohol problems from occupying dwelling units in assisted housing designated for only elderly families. Prescribes eviction policies.
United States · United States Congress · 4 January 1995
Anti-Drug Legalization Act - Prohibits any Federal department or agency from conducting or financing any study or research involving the legalization of drugs.
United States · United States Congress · 4 January 1995
Amends the Mineral Leasing Act to permit the export of Alaskan North Slope oil. Mandates that, except in certain cases, such oil be transported by American merchant marine vessels. Retains the President's authority to prohibit exportation of the oil. Repeals certain statutory limitations placed upon crude oil exports.
United States · United States Congress · 4 January 1995
Procurement Opportunities for Vietnam POWs Act - Deems a person who was held as a prisoner of war during the Vietnam era a socially and economically disadvantaged individual, thus permitting such individual to be included in a target group of minorities for which the Department of Defense seeks to obligate five percent of all procurement contracts during FY 1996 and 1997.
United States · United States Congress · 4 January 1995
Procurement Opportunities for Disabled Service Personnel Act - Deems a veteran with a service-connected disability to be a socially and economically disadvantaged individual, thus permitting such individual to be included in a target group of minorities for which the Department of Defense seeks to obligate five percent of all DOD procurement contracts during FY 1996 and 1997.
United States · United States Congress · 4 January 1995
Anti-Retroactive Taxation Act - Prohibits a law which imposes new income tax or increases the rate of existing income tax from being applicable to a taxable year beginning before the date of the enactment of such law.
United States · United States Congress · 4 January 1995
Military Recruiter Campus Access Act - Prohibits Federal funds from being made available by grant or contract to any educational institution that has a policy of denying, or that effectively prevents, the Secretary of Defense from obtaining for military recruitment purposes: (1) entry or access to any campus or its students equal to that of other employers; or (2) access to directory information pertaining to such students. Provides certain public notice requirements for educational institutions which release student directory information. Directs the Secretary to prescribe regulations containing procedures for determining if and when an institution has denied access to students or to student information.
United States · United States Congress · 4 January 1995
Quality Assurance in Drug Testing Act - Amends the Public Health Service Act to prohibit performing toxicological analysis in connection with a drug testing program unless the laboratory performing the analysis is certified under this Act. Directs the Secretary of Health and Human Services to establish a program for certifying laboratories for performing drug tests. Requires an employer, as a condition of maintaining a drug testing program, to establish a written anti-drug abuse policy and a drug-free awareness program. Declares that nothing in this Act prohibits an employer from requiring a drug test of applicants and, in certain circumstances, employees. Sets forth certain employee protections. Declares that nothing in this Act prohibits an employer from taking action necessary, including termination, in certain circumstances. Sets forth procedures for employee complaints of unlawful discharge or discrimination.
United States · United States Congress · 4 January 1995
Small Business and Private Economic Sector Impact Act - Directs the Comptroller General to prepare an economic and employment impact statement to accompany each bill, resolution, or conference report before it may be reported or otherwise considered on the floor of either House of Congress. Requires such statement to: (1) state the extent to which enactment of such legislation would result in increased costs to the private sector, individuals, or State and local governments; and (2) include a detailed assessment of the annual impact of such legislation on consumer and business costs, employment, the Gross Domestic Product, and other specified criteria. Provides that such statement may consist of a brief summary assessment if preliminary analysis indicates that the aggregate effect of the legislation is less than $100 million or 10,000 jobs in national employment. Authorizes the Congress to waive the requirements at any time in which a declaration of war is in effect or in response to a national security emergency at the request of the President. Provides that it shall not be in order in either House of Congress to consider any legislation that does not include such a statement. Allows such point of order to be waived. Requires each regulation and proposed regulation promulgated by an executive department or agency to be accompanied by such a statement and published with such statement in the Federal Register. Authorizes the President to waive the requirements of this paragraph at any time in which a declaration of war is in effect or in response to a national security emergency. Amends rule XXVI of the Standing Rules of the Senate to repeal provisions concerning congressional committee reports accompanying bills and resolutions.
United States · United States Congress · 4 January 1995
Unified Intra-State Gaming Rules Act - Amends the Indian Gaming Regulatory Act to revise conditions for regulation of certain types of gaming activities on Indian lands. Revises such conditions with respect to the regulation of Class II and Class III gaming activities to specify that these shall be limited to the specific forms of, and methods of play for, those gaming activities expressly authorized by the law of the State. Excludes video bingo from the definition of class II gaming. Includes video bingo, and any other forms of electronic video games or devices, as well as slot machines, within the definition of class III gaming. Shifts the burden of proof from a State to an Indian tribe in a compact negotiation-related action initiated by a tribe. Increases the membership of the National Indian Gaming Commission. Includes, under provisions for determining whether gaming activities on newly acquired Indian lands are to be allowed, consideration of communities across State borders that would be seriously affected, as well as consultation with officials of such communities.
United States · United States Congress · 4 January 1995
Amends the Racketeer Influenced and Corrupt Organizations Act to revise the definition of "pattern of racketeering activity" to require a profit-seeking purpose.
United States · United States Congress · 4 January 1995
Correction Officer Protection Act - Amends the Federal criminal code to provide for the death penalty for murders of State or local correctional officers by prisoners.
United States · United States Congress · 4 January 1995
Drug Kingpin Death Penalty Act - Amends the Federal Death Penalty Act of 1994 (title VI of the Violent Crime Control and Law Enforcement Act of 1994) to eliminate a requirement that specified Controlled Substances Act offenses committed as part of a continuing criminal enterprise involve not less than twice the quantity of controlled substance or twice the gross receipts currently required for imposition of a life sentence in order to impose the death penalty.
United States · United States Congress · 4 January 1995
Violence Against Women Research Act - Directs the Attorney General to establish a National Task Force on Violence Against Women. Includes among the duties of the task force: (1) considering the reports of past Federal and State task forces or commissions on violent crime, family violence, and crime victims; (2) developing strategies for Federal, State, and local law enforcement to protect women against violent crime and to prosecute and punish those responsible for such crime; (3) evaluating the adequacy of sentencing, incarceration, and release of violent offenders against women and making recommendations to ensure that such offenders receive appropriate punishment; and (4) evaluating the adequacy of the treatment of victims of violent crime against women within the criminal justice system and making recommendations designed to improve such treatment. Authorizes appropriations.
United States · United States Congress · 4 January 1995
American Dream Restoration Act - Amends the Internal Revenue Code to allow individuals a tax credit of $500 multiplied by the number of qualifying children who have not attained age 18. Places limitations on such credit based on: (1) taxpayer adjusted gross incomes over $200,000; and (2) social security tax payments. Provides an inflation adjustment for such credit and the taxpayer adjusted gross income amount. Allows a tax credit for qualified married couples equal to a dollar amount determined by the Secretary of the Treasury to reduce revenues by $2 billion. Describes such couples as those who would be required to pay more in income taxes because they are married than they would be required to pay if they were not married. Establishes individual retirement plans which can be designated as American Dream Savings Accounts. Disallows a tax deduction for amounts contributed to such accounts. Limits contributions to such accounts to the lesser of $2,000, or compensation includible in an individual's gross income for a taxable year ($4,000 in the case of certain married individuals). Provides an inflation adjustment on such amounts. Permits contributions to be made after age 70.5. Excludes distributions from such accounts from gross income and makes the penalty on early distributions inapplicable. Designates qualified distributions as those: (1) made after the individual attains age 59.5; (2) made to a beneficiary on or after the death of the individual; (3) attributable to the individual being disabled; and (4) qualified as special purpose distributions. Prohibits qualified distributions from being made within the five-year period since the account began. Describes special purpose distributions as those for: (1) qualified first-time homebuyers; (2) qualified higher education expenses; and (3) qualified medical expenses, including long-term care insurance.
United States · United States Congress · 4 January 1995
TABLE OF CONTENTS: Title I: Civil Justice Reform Title II: Reform of Private Securities Litigation Common Sense Legal Reforms Act of 1995 - Title I: Civil Justice Reform - Amends the Federal judicial code to provide for the award of attorney's fees to the prevailing party in Federal civil diversity litigation. Grants the district court discretion to reduce the amount of such award under special circumstances. (Sec. 102) Amends Rule 702 of the Federal Rules of Evidence to make inadmissible: (l) testimony by a witness in the form of an opinion that is based on scientific knowledge unless the court determines that such opinion is based on scientifically valid reasoning and is sufficiently reliable so that its probative value outweighs specified dangers; and (2) testimony by a witness who is qualified if such witness is entitled to receive any compensation contingent on the legal disposition of any claim with respect to which such testimony is offered. (Sec. 103) Sets forth rules governing any product liability action brought in State or Federal court against a manufacturer or seller of a product on any theory for harm caused by the product which shall supersede State law only to the extent that State law applies to an issue covered by this section. Specifies that any issue not covered by this section shall be governed by otherwise applicable State or Federal law. Makes a product seller liable to a claimant for harm only if the claimant establishes that: (1) the product which allegedly caused the harm complained of was sold by the product seller, the product seller failed to exercise reasonable care with respect to the product, and such failure to exercise reasonable care was a proximate cause of the claimant's harm; (2) the seller made an express warranty applicable to the product which allegedly caused such harm, independent of any express warranty made by the manufacturer as to the same product, the product failed to conform to the warranty, and the failure of the product to conform caused the claimant's harm; or (3) the seller engaged in intentional wrongdoing as determined under applicable State law and such intentional wrongdoing was a proximate cause of the harm. Makes an exception where: (1) the manufacturer is not subject to service of process under the laws of the State in which the claimant brings the action; or (2) the court determines that the claimant would be unable to enforce a judgment against the manufacturer. Permits the award of punitive damages against a manufacturer or product seller, to the extent permitted by applicable State law, if the claimant establishes by clear and convincing evidence that the harm suffered was the result of conduct manifesting actual malice. Limits the amount of such damages to three times the amount awarded to the claimant for the economic injury on which such claim is based or $250,000, whichever is greater. Specifies that the liability of each manufacturer or seller of the product involved in the action shall be several only and not joint for non-economic damages. Makes the manufacturer or seller liable only for the amount of non-economic damages allocated in direct proportion to such manufacturer's or seller's percentage of responsibility as determined by the trier of fact. (Sec. 104) Expresses the sense of the Congress that each State should require each attorney admitted to practice law in such State to disclose in writing to any client with whom such attorney has entered into a contingency fee agreement: (1) the actual services performed for such client in connection with such agreement; and (2) the precise number of hours actually expended by such attorney in the performance of such services. Amends Rule 11(c) of the Federal Rules of Civil Procedure to require (currently, allow) the court to impose an appropriate sanction upon an attorney, law firm, or party that has made specified representations to the court (e.g., a representation intended to harass, cause unnecessary delay, increase the cost of litigation, or present frivolous arguments) to compensate the parties injured by the conduct. (Sec. 105) Amends the Federal judicial code to require a district court to dismiss a civil action, without prejudice, if: (1) not later than 60 days after such action is commenced, the defendant files a motion to dismiss on the basis that the plaintiff failed to transmit a written statement specifying the particular claims alleged and the amount of damages claimed to the defendant at least 30 days before commencing such action; and (2) the plaintiff fails to establish that before commencing such action the plaintiff complied with such requirement. Sets forth provisions regarding: (1) exceptions (e.g., any civil action to seize or forfeit assets subject to forfeiture and actions where the defendant is likely to flee); and (2) the statute of limitations. (Sec. 106) Revises rule XI of the Rules of the House of Representatives to require each committee report on a bill or joint resolution (bill) of a public character to include: (1) whether that bill preempts the law of any State; (2) the retroactive applicability, if any, of that bill; (3) whether that bill creates a private cause of action and, if so, a description of the relief and the terms and conditions for awarding any attorney fees; and (4) the applicability, if any, of that bill to the Federal Government or any of its agencies or instrumentalities. (Sec. 107) Amends the Racketeer Influenced and Corrupt Organizations Act to prohibit any person from bringing an action under such Act for damages based on injury to that person's business or property if the racketeering activity involves conduct actionable as fraud in the purchase or sale of securities. Title II: Reform of Private Securities Litigation - Securities Litigation Reform Act - Amends the Securities Exchange Act of 1934, with respect to class actions, to require a court-appointed class action steering committee (composed of class members), or, in the absence of such a committee, a guardian ad litem, to direct counsel for the plaintiff class. (Sec. 202) Sets forth disclosure guidelines for any proposed settlement agreement that is disseminated to the plaintiff class, including: (1) a statement about agreement or disagreement on the amount of damages and the likelihood of the plaintiff's prevailing; (2) the amount of legal costs and fees sought as part of the settlement; and (3) the identification of lawyers' representatives who will be available to answer questions from class members. Prohibits the use of disgorgement funds resulting from actions brought by the Securities Exchange Commission (the Commission) to pay legal expenses incurred by private parties seeking distribution of such funds. (Sec. 203) Declares that the portion of any final judgment or settlement awarded to class plaintiffs serving as the representative parties shall be equal (on a per share basis) to the portion of the final judgment awarded to all other members of the class. Revises the guidelines for private class action suits to: (1) require named plaintiffs to own, in the aggregate, at least $10,000 (market value) in the class of securities concerned, or one percent of that class, whichever is lesser; (2) restrict to five the number of class actions filed by a named plaintiff during any three-year period; (3) subject a losing party litigant to liability for the prevailing party's legal fees; (4) require the court to make a conflict of interest determination with respect to a plaintiff's counsel with a beneficial interest in the securities that are the subject of the litigation; (5) discharge from all claims for contribution by nonsettling persons a defendant who settles before verdict or judgment; (6) provide for recovery of contribution by a person who becomes liable for damages from certain non-parties who would have been liable for the same damages, if joined in the original suit; and (7) grant defendants the right to special verdicts establishing scienter (state of mind). Prohibits brokers or dealers from soliciting or accepting referral fees from an attorney for obtaining the representation of a customer in any private action. (Sec. 204) Delineates the requirements for securities fraud actions, including: (1) explicit pleading and proof of scienter; (2) plaintiff's reliance on a material misstatement or omission that proximately caused the plaintiff's loss; and (3) limitations on damages. (Sec. 205) Directs the Commission to: (1) re-examine the regulatory and judicial framework with respect to predictive statements concerning the future economic performance of an issuer of securities ("forward-looking statements"); (2) create clear and objective criteria ("safe harbor" rules), sufficient to protect investors, by which forward-looking statements will be deemed not to violate such Act; and (3) prescribe procedures for timely court dismissal of claims against securities issuers based on such statements. (Sec. 206) Prescribes procedural guidelines for alternative dispute resolution of private actions, especially class actions.
United States · United States Congress · 4 January 1995
Prohibits the Secretary of Health and Human Services from finding that a State Medicaid plan fails to meet Medicaid requirements solely because it does not cover abortions for pregnancies resulting from rape or incest if coverage for such an abortion is inconsistent with State law.
United States · United States Congress · 4 January 1995
Repeals provisions of the Communications Act of 1934 relating to assistance for public telecommunications facilities, telecommunications demonstrations, and the Corporation for Public Broadcasting (the statutory authority for the Corporation).
United States · United States Congress · 4 January 1995
Amends the Internal Revenue Code to extend the special rules for the deduction of health insurance costs of self-employed individuals until December 31, 1995.
![Official portrait of Rep. Solomon, Gerald B. H. [R-NY-22]](https://www.congress.gov/img/member/s000675_200.jpg)