United States · United States Congress · 27 February 1996
Single Audit Act Amendments of 1996 - Prohibits the Director of the Office of Management and Budget, in prescribing risk-based program selection criteria for major programs, from requiring the identification of more programs as major for a particular non-Federal entity, subject to specified exceptions, than would be identified if the major programs were defined as any program for which total expenditures for Federal awards by the non-Federal entity exceed specified dollar amounts or percentages of the non-Federal entity's total Federal expenditures. Directs that, in any fiscal year, a non-Federal entity have either a single audit or a program-specific audit if such entity expends a total Federal award amount in excess of a specified amount. Sets forth audit requirements and exceptions. Requires the non-Federal entity to transmit a reporting package to a Federal clearinghouse and make it available for public inspection within a specified time frame.
United States · United States Congress · 27 February 1996
TABLE OF CONTENTS: Title I: General Provisions Title II: Assistance for Education of All Children with Disabilities Title III: Systems Change Title IV: Research and Personnel Preparation Title V: Technical Assistance, Support, and Dissemination of Information Title VI: Infants and Toddlers with Disabilities Individuals with Disabilities Education Act Amendments of 1996 - Revises the Individuals with Disabilities Education Act (IDEA) and extends its authorization of appropriations through FY 2002. Title I: General Provisions - Revises IDEA to declare that the right to equal educational opportunities for all children with disabilities is guaranteed by the equal protection clause of the 14th Amendment to the Constitution. (Sec. 103) Allows the Office of Special Education Programs to accept voluntary and uncompensated services. (Sec. 104) Revises requirements for: (1) prescribing regulations; (2) eligibility for financial assistance; and (3) discretionary grant programs. Requires the Secretary of Education to develop and implement a comprehensive plan for activities under titles IV and V of this Act. Provides for specified enhanced services to children with disabilities. Lists entities eligible for awards. Authorizes the Secretary to limit, without rulemaking, competitions to projects that give priority to one or more targeted areas, if each project addresses the needs of children with disabilities and their families. Provides for application management, including a peer review process. Authorizes the Secretary to use certain funds for: (1) payments to nonfederal entities for administrative support; (2) Federal employees to monitor projects; and (3) evaluation of program activities carried out under these programs. (Sec. 107) Repeals IDEA provisions for: (1) acquisition of equipment and construction of necessary facilities; and (2) grants for the removal of architectural barriers. Title II: Assistance for Education of All Children with Disabilities - Revises entitlements and allocations for assistance for education of all children with disabilities. (Sec. 201) Authorizes States to determine whether to make subgrants smaller than a specified minimum amount to some local education agencies (LEAs). (Sec. 202) Revises and consolidates State eligibility and planning provisions. Provides that, if a child with a disability qualifies for special education, that child does not have to be classified by a specific impairment or condition. Requires the State educational agency (SEA) to: (1) examine data to determine if significant racial disproportionality is occurring in the identification or placement of children under IDEA; and (2) review and revise policies accordingly. Provides that, if a hearing officer agrees with the parents' unilateral placement of a child with a disability in a private school, the LEA may be required to reimburse the parents. Requires a non-educational agency, if it is responsible for services necessary to ensure a free appropriate public education for children with disabilities, to pay for or provide such services directly or by contract or other arrangements. Requires States to: (1) ensure that interagency agreements or other mechanisms are in effect between educational agencies and non-educational agencies for defining respective financial responsibilities, resolving interagency disputes, and interagency coordination; and (2) establish a mechanism by which LEAs may seek reimbursement from agencies for the costs of providing related services. Revises requirements for a comprehensive system of personnel development. Allows LEAs to use appropriately trained and supervised paraprofessionals. Requires States to: (1) establish performance goals and indicators for children with disabilities; (2) ensure that these children participate in general State and district-wide assessments, with appropriate accommodations, where necessary; and (3) develop guidelines for participation in alternative assessments for those children who cannot participate in such general State and district-wide assessments. Consolidates funding and public participation requirements. Revises requirements for State advisory panels and their duties. Repeals requirements for three-year State plans. (Sec. 203) Revises LEA and SEA eligibility and maintenance of effort requirements, with specified exceptions. Allows specified activities, regardless of certain excess cost and noncommingling of funds requirements, including: (1) incidental benefits to non-disabled students; (2) simultaneous services on a space-available basis to non-IDEA-eligible children with disabilities protected under the Americans with Disabilities Act (ADA); (3) a coordinated services system that links education, health, and social welfare services, systems, and entities to improve educational and transitional results for all children and their families; and (4) a school-based improvement plan. Revises requirements for LEA involvement with a State's Comprehensive System of Personnel Development. (Sec. 204) Revises and consolidates specified requirements for State and local administration of evaluations, reevaluations, individualized education programs (IEPs), and educational placements. Revises IEP content to: (1) focus on measurable annual objectives; and (2) emphasize ensuring that each child, as appropriate, has the opportunity to progress in the general curriculum, and to participate with nondisabled children in various environments. Requires consideration of transition services needs: (1) for all students with disabilities beginning at age 14 (or younger, under specified circumstances); (2) under the applicable components of the IEP; and (3) in light of the student's participation in the general curriculum. Provides for transfer of rights at the age of majority. (Sec. 205) Repeals certain IDEA provisions relating to Elementary and Secondary Education Act of 1965 (ESEA) State agencies. (Sec. 206) Revises procedural safeguards, including provisions for written notices to parents. Requires States to make mediation available to parents of children with disabilities in disputes with LEAs on any matter regarding the identification, evaluation, or educational placement of a child or the provision of free appropriate public education. Permits the transfer of parental rights to a student with disabilities upon reaching the age of majority under State law. Requires the State to have procedures for appointing the parent or another person to represent the student's interests if, under State law, such a student is determined not to have the ability to provide informed consent. (Sec. 207) Revises requirements for: (1) withholding of payments to non-compliant States and judicial review of such determinations; (2) rulemaking on compliance and eligibility; (3) evaluation and program information; (4) preschool grants; and (5) payments. (Sec. 209) Requires the Secretary to: (1) conduct studies and evaluations to assess the effectiveness of efforts to provide free appropriate public education and early intervention services, including assessing the placement of children with disabilities by disability category; and (2) conduct a longitudinal study that measure the educational and transitional services provided to and results achieved by children with disabilities under IDEA. Title III: Systems Change - Establishes a program to promote systems change to improve educational and transitional services and results for children with disabilities. Authorizes competitive grants to SEAs, in partnership with LEAs and other interested individuals, agencies, and organizations, to improve such services and results on a system-wide basis. Allows grant recipients to collaborate in systems change activities with those in other States, through joint arrangements with institutions of higher education and sharing of staff and consultants. Requires coordination with this program of activities under titles IV and V. Authorizes appropriations. (Sec. 302) Extends authorities and authorizations of appropriations relating to centers and services to meet special needs of individuals with disabilities, including regional centers for the deaf. Title IV: Research and Personnel Preparation - Establishes a new program (in part by consolidating certain current activities) for improving early intervention, educational, and transitional services and results for children with disabilities through coordinated research and personnel preparation. (Consolidates current part D personnel preparation provisions and current part E research provisions.) (Sec. 401) Authorizes research and innovation grants and contracts for: (1) new knowledge production in learning styles, instructional approaches, behavior management, assessment tools, assistive technology, program accountability and personnel preparation models; (2) integration of research and practice, through demonstration and dissemination of successful practice; and (3) improvement in the use of professional knowledge by teachers, parents, and others in their classrooms and other learning settings. Authorizes personnel preparation grants and contracts in the areas of: (1) high incidence disabilities, such as learning disabilities, mental retardation, and behavior disordered groups; (2) leadership preparation; (3) low-incidence disabilities, such as sensory impairment, multiple disabilities, and severe disabling conditions; and (4) projects of national significance. (Sec. 402) Makes conforming amendments to the Higher Education Act of 1965, Goals 2000: Educate America Act, and the Rehabilitation Act of 1973. (Sec. 403) Extends the authorization of appropriations for training personnel for the education of individuals with disabilities. Title V: Technical Assistance, Support, and Dissemination of Information - Establishes a new program (in part by consolidating certain current activities) for improving early intervention, educational, and transitional services and results for children with disabilities through coordinated technical assistance, support, and dissemination of information. (Sec. 501) Authorizes grants and contracts for: (1) parent training and information centers and community programs; (2) coordinated technical assistance, support, and dissemination; and (3) technology and media activities. Authorizes appropriations. (Sec. 502) Makes conforming amendments to IDEA and the Developmental Disabilities Assistance and Bill of Rights Act. (Sec. 503) Extends various authorities and authorizations of appropriations. Title VI: Infants and Toddlers with Disabilities - Revises the program for infants and toddlers with disabilities, with respect to: (1) encouraging States to expand opportunities for infants and toddlers with disabilities who are at risk of having substantial developmental delays if early intervention services are not provided; (2) continuing eligibility; (3) statewide system requirements; (4) the individualized family service plan; (5) allocation and use of funds; (6) procedural safeguards; (7) State Interagency Coordinating Council duties; and (8) Federal Interagency Coordinating Council (FICC) membership and duties. (Sec. 615) Directs the FICC to convene a panel of experts to develop recommendations for a model definition of developmental delay. Allows the use of funds for referring at risk infants and toddlers, in those States not currently serving them, to other IDEA services. Permits planning for transition to preschool services to begin up to six months before the child's third birthday, if parents and agencies agree. (Sec. 616) Authorizes appropriations.
United States · United States Congress · 9 February 1996
Urges the Government of Iran to extend to the Baha'i community the rights guaranteed by the Universal Declaration of Human Rights and the international covenants on human rights. Calls upon the President to continue to: (1) assert the U.S. Government's concern regarding Iran's violations of the rights of its citizens, including members of the Baha'i community, along with expressions of concern regarding the Iranian Government's support for international terrorism and its efforts to acquire weapons of mass destruction; (2) emphasize that the United States regards the human rights practices of the Iranian Government, particularly its treatment of the Baha'i community and other religious minorities, as a significant factor in the development of U.S.-Iranian relations; (3) urge the Iranian Government to emancipate the Baha'i community by granting those rights guaranteed by the Universal Declaration of Human Rights and the international covenants on human rights; and (4) encourage other governments to continue to appeal to the Government of Iran, and to cooperate with other governments and international organizations, in efforts to protect the religious rights of the Baha'is and other minorities in Iran.
United States · United States Congress · 30 January 1996
Commends the men and women who have served or are presently serving in the American Foreign Service and honors those who have given their lives in the line of duty. Designates the first Friday in May 1996 as American Foreign Service Day.
United States · United States Congress · 26 January 1996
Expresses the sense of the Senate that if a one-dollar coin is minted to replace the $1 bill, the Secretary of the Treasury should be authorized to mint and circulate $1 coins bearing a likeness of Margaret Chase Smith.
United States · United States Congress · 25 January 1996
Economic Espionage and Protection of Proprietary Economic Information Act of 1995 - Amends the Federal criminal code to impose penalties upon individuals and corporations that engage in economic espionage to aid foreign nations' governments, corporations, institutions, or instrumentalities, including attempting, soliciting others, or conspiring to engage in such activity. Sets forth provisions regarding: (1) vicarious liability; (2) forfeiture; (3) extraterritoriality; and (4) non-preemption of other Federal or State remedies. Requires the court to preserve the confidentiality of alleged proprietary economic information by any reasonable and lawful means, including by: (1) granting protective orders in connection with discovery proceedings; and (2) holding in camera hearings, sealing relevant portions of the record, and ordering any person involved in the proceedings not to disclose such information without prior court approval. Makes this Act inapplicable to lawfully authorized law enforcement or intelligence activities. Defines "goods, wares, or merchandise" for purposes of Federal criminal code provisions regarding stolen property to mean all forms and types of personal property and chattels including all forms and types of financial, scientific, technical, economic, or engineering information if the owner has taken reasonable measures to keep such property confidential and the property is not available generally to, or accessible by, the public. Revises the Racketeer Influenced and Corrupt Organizations Act and Federal wiretap provisions to cover economic espionage and the protection of proprietary economic information in interstate and foreign commerce.
United States · United States Congress · 22 December 1995
Protecting Class Action Plaintiffs Act of 1995 - Amends the Federal judicial code to require the attorneys representing the class in a class action lawsuit, no later than ten days after a proposed settlement is filed, to serve the attorney general of each State in which a class member resides and the Department of Justice (DOJ) with specified information, including a copy of the complaint, notice of any scheduled judicial hearing in the class action, and any proposed or final class action settlement. Specifies that: (1) a hearing to consider final approval of a proposed settlement may not be held earlier than 120 days after such notice is served; (2) a class member may refuse to comply with, and may choose not to be bound by, a settlement agreement or consent decree in such a lawsuit if the class member resides in a State whose attorney general has not been provided such notice; and (3) any court order certifying a class or approving a proposed settlement in a class action and any written opinions concerning such court orders and decrees shall be made available for publication in official court reporters and electronic legal databases. Directs any court with jurisdiction over a class action in which the plaintiff is a class to require that: (1) any written notice provided to the class through the mail or publication in printed media contain a short summary written in plain, easily understood language describing the subject matter of the class action, the legal consequences of joining such action, and specified other information; and (2) any notice provided through television or radio to inform the class of its rights to be excluded from a class action or a proposed settlement indicate and explain in plain, easily understood language the individuals that may potentially become class members and that the failure of individuals to exercise their right to be excluded will result in the individual's inclusion in the class action.
United States · United States Congress · 21 December 1995
Interjurisdictional Fisheries Amendments Act of 1995 - Amends the Interjurisdictional Fisheries Act of 1986 to authorize appropriations to carry out the Act and to support the efforts of specified interstate commissions to develop interstate fishery management plans. Revises requirements regarding assistance (currently, grants) for fishery disaster relief, including: (1) allowing assistance to State and local government agencies and nonprofit organizations as well as to individuals; (2) removing and modifying assistance limits; (3) removing requirements that the Secretary of Commerce establish assistance limitations, terms, and conditions regarding the means of demonstrating loss.
United States · United States Congress · 28 November 1995
Amends specified Federal law (a joint resolution making further continuing appropriations for FY 1996, Public Law 104-56) to provide for reimbursement to States for federally funded employees carrying out Federal programs during the lapse in appropriations from November 14, 1995, through November 19, 1995.
United States · United States Congress · 28 November 1995
Federal Shutdown Equity Act - Amends specified Federal laws relating to compensation for Members of Congress and for the President to prohibit any such compensation from being paid for any period during FY 1996 during which appropriations for the compensation of Federal employees have lapsed, until all regular appropriations laws have been enacted or a continuing appropriations resolution has become law covering those regular appropriations bills that have not been enacted (thus providing for comparable treatment of Federal employees and Members of Congress and the President during any fiscal hiatus during FY 1996).
United States · United States Congress · 17 November 1995
Nigeria Democracy Act - Imposes certain economic sanctions against Nigeria to promote democracy and human rights there. Directs the President to notify Nigeria immediately of his intention to suspend air transportation between the United States and such country. Urges the President to seek multilateral support for an international embargo on the sale of arms to, and sale of crude oil or refined petroleum products from, Nigeria. Authorizes waiver of such sanctions if the President certifies to the Congress that: (1) Nigeria has released all political prisoners and demonstrated a commitment to respecting internationally-recognized human rights and civilian, democratic government; or (2) such waiver is important to the national interest. Declares the sense of the Congress that the United States should impose additional measures against the Government of Nigeria if substantial progress has not been made within three months after enactment of this Act toward the establishment of civilian, democratic government and respect for internationally recognized human rights. Requires a progress report from the President to the Congress, including specified recommendations if progress has not been made.
United States · United States Congress · 15 November 1995
Provides that in any case during FY 1996 in which appropriations are not otherwise available for the payment of veterans' benefits, the Secretary of Veterans Affairs shall nevertheless ensure that such payments are made in accordance with regular procedures and schedules. Appropriates necessary amounts for such purpose. Requires applicable accounts to be charged for such payments when regular appropriations become available for such purpose. Requires such payments to be made also in any case during such fiscal year in which certain functions of the Government are delayed, deferred, or canceled due to a limitation on the Government's ability to borrow funds.
United States · United States Congress · 6 November 1995
Condemns the assassination of Israeli Prime Minister Yitzhak Rabin. Extends condolences to his family and to all the people of Israel. Expresses admiration for his historic contributions and support for the government of Acting Prime Minister Shimon Peres. Reaffirms a commitment to the process of building a just and lasting peace between Israel and its neighbors. Provides for the adjournment of the Senate as a further mark of respect for Rabin.
United States · United States Congress · 3 November 1995
Emergency Lumber Act of 1995 - Imposes a 25 percent ad valorem duty on imported Canadian wood and lumber products. Requires the administering authority to initiate a countervailing duty investigation with respect to such products. Declares that the President is authorized to negotiate with free trade area countries for the purpose of entering into an agreement to modify certain terms of the North American Free Trade Agreement (NAFTA) and the United States-Canada Free-Trade Agreement to provide that: (1) the exclusive review by binational panels shall not apply to antidumping and countervailing duty determinations involving their merchandise; and (2) such determinations shall be subject to judicial review in the same manner as determinations made with respect to non-free trade area countries. Declares further that: (1) such negotiations shall not affect the rights of the United States or a free trade area country to apply its domestic antidumping and countervailing duty laws to the imports of another country; and (2) if an agreement has been entered into pursuant to such negotiations, the President shall submit implementing legislation to the Congress. Extends "fast track" procedures to such legislation. Applies the requirements of this Act to goods from Canada or Mexico.
United States · United States Congress · 13 October 1995
Jerusalem Embassy Relocation Implementation Act of 1995 - Declares it to be U.S. policy that: (1) Jerusalem remain an undivided city in which the rights of every ethnic religious group are protected; (2) Jerusalem be recognized as the capital of the State of Israel; and (3) the U.S. Embassy in Israel be relocated to Jerusalem no later than May 31, 1999. States that not more than 50 percent of the funds appropriated for FY 1999 to the Department of State for "Acquisition and Maintenance of Buildings Abroad" may be obligated in the fiscal year until the Secretary of State determines, and reports to the Congress, that the Embassy has opened. Makes specified amounts of such funds available until expended in certain fiscal years only for construction and other costs associated with relocating the U.S. Embassy to Jerusalem. Requires the Secretary of State to report to the Speaker of the House of Representatives and the Committee on Foreign Relations of the Senate on: (1) the Department of State's plan to implement this Act; and (2) progress made toward opening the U.S. Embassy in Jerusalem.
United States · United States Congress · 13 October 1995
Jerusalem Embassy Relocation Implementation Act of 1995 - Declares it to be U.S. policy that: (1) Jerusalem remain an undivided city in which the rights of every ethnic religious group are protected; (2) Jerusalem be recognized as the capital of the State of Israel; and (3) the U.S. Embassy in Israel be relocated to Jerusalem no later than May 31, 1999. States that not more than 50 percent of the funds appropriated for FY 1999 to the Department of State for "Acquisition and Maintenance of Buildings Abroad" may be obligated in the fiscal year until the Secretary of State determines, and reports to the Congress, that the Embassy has opened. Makes specified amounts of such funds available until expended in certain fiscal years only for construction and other costs associated with relocating the U.S. Embassy to Jerusalem. Requires the Secretary of State to report to the Speaker of the House of Representatives and the Committee on Foreign Relations of the Senate on: (1) the Department of State's plan to implement this Act; and (2) progress made toward opening the U.S. Embassy in Jerusalem.
United States · United States Congress · 12 October 1995
Safe Drinking Water Act Amendments of 1995 - Amends the Safe Drinking Water Act to require the Administrator of the Environmental Protection Agency (EPA) to make capitalization grants to States to establish State drinking water treatment revolving loan funds. Authorizes State Governors to transfer amounts between such funds and water pollution control revolving funds established under the Clean Water Act. Requires the Administrator to reserve one and one-half percent of drinking water funds for capitalization grants to Indian tribes for the improvement of public water systems. Authorizes the Administrator to make such grants to the District of Columbia and specified U.S. territories. Authorizes: (1) States to reserve a certain amount of such grants for technical assistance for small public water systems; and (2) the Administrator to make grants to Alaska for the benefit of Alaska Native villages. Requires the Administrator, beginning in FY 1999, to withhold a specified percentage (five percent for FY 1999, ten percent for FY 2000, and 15 percent for each subsequent fiscal year) of each capitalization grant made to a State unless the State has met specified requirements under this Act regarding new system capacity. Sets forth provisions regarding: (1) projects eligible for assistance, including assistance for disadvantaged communities, and source water quality protection and capacity development; and (2) State loan fund administration, technical assistance, and management. Requires: (1) States to prepare annual intended use plans for funds; (2) priority for the use of funds to be given to projects that address the most serious risk to human health, that are necessary to ensure compliance with specified requirements (including filtration requirements), and that assist most in need on a per household basis according to State affordability criteria; and (3) each State, after notice and opportunity for public comment, to publish and periodically update a list of projects in the State that are eligible for assistance, including the priority assigned to each project and the expected funding schedule for each project. Directs the Administrator to: (1) conduct annual reviews and audits as the Administrator considers appropriate, or require each State to have the reviews and audits independently conducted, in accordance with specified single audit requirements; (2) submit to the Congress a periodic survey and assessment of the needs for facilities in each State eligible for assistance; (3) conduct an evaluation of the effectiveness of the State loan funds through FY 1999; and (4) publish such regulations and guidance as necessary. Specifies that the failure or inability of any public water system to receive funds, or a delay in obtaining the funds, shall not alter the obligation of the system to comply in a timely manner with all applicable drinking water standards and requirements under the Act. Authorizes appropriations. Directs the Administrator to reserve: (1) $10 million for health effects research on specified drinking water contaminants, giving priority to research concerning the health effects of cryptosporidium, disinfection byproducts, and arsenic and for the implementation of a research plan for subpopulations at greater risk of adverse effects; (2) $2 million to pay the costs of monitoring for unregulated contaminants; and (3) specified sums for small system technical assistance. (Sec. 4) Requires the Administrator to publish a maximum contaminant level goal (MCLG) and promulgate a national primary drinking water (NPDW) regulation for each contaminant (with exceptions) for which a NPDW regulation has been promulgated as of the date of this Act's enactment if the Administrator determines, based on adequate data and appropriate peer-reviewed scientific information and an assessment of health risks, that the contaminant may have an adverse effect on the health of persons and the contaminant is known to occur, or there is a substantial likelihood that it will occur, in public water systems with a frequency and at levels of public health concern. Directs the Administrator: (1) not later than July 1, 1996, to publish and periodically update a list of contaminants that are known or anticipated to occur in drinking water provided by public water systems that may warrant regulation; and (2) at such time as such list is published, to describe available and needed information and research regarding the health effects of the contaminants, their occurrence in drinking water, and treatment techniques and other feasible means to control the contaminants. Requires (with exceptions) the Administrator, by July 1, 2001, and every five years thereafter, to take one of the following actions for not fewer than five contaminants: (1) publish a determination that information available to the Administrator does not warrant the issuance of an NPDW regulation; (2) publish a determination that an NPDW regulation is warranted and proceed to propose an MCLG and NPDW regulation not later than two years after the date of publication of the determination; and (3) propose an MCLG and NPDW regulation. Sets forth provisions regarding insufficient information to make, and the basis for, such determinations. Requires the Administrator to give priority to those contaminants not currently regulated that are associated with the most serious adverse health effects and that present the greatest potential risk to human health due to their presence in drinking water provided by public water systems. Sets forth provisions regarding public comment and judicial review. Authorizes the Administrator to promulgate an interim NPDW regulation for a contaminant to address an urgent threat to public health. Sets forth provisions regarding: (1) schedules for publication of MCLGs and NPDW regulations; (2) substitution of contaminants; and (3) promulgation, by December 31, 1995, of an information collection rule to facilitate further revisions to the NPDW regulation for disinfectants and disinfectant byproducts, including information on microbial contaminants such as cryptosporidium. (Sec. 5) Requires the Administrator, in carrying out the Act, to: (1) use the best available, peer-reviewed science and supporting studies conducted in accordance with sound and objective scientific practices, and data collected by accepted or best available methods; and (2) ensure that the presentation of information on public health effects is comprehensive, informative, and understandable. Directs the Administrator to conduct a cost-benefit analysis for each NPDW regulation containing a maximum contaminant level (MCL) or treatment technique before it is proposed, including consideration of alternative MCLs or treatment requirements. Authorizes appropriations. (Sec. 6) Permits the MCLG for contaminants that are known or likely to cause cancer in humans to be set at a level other than zero if the Administrator determines, based on the best available, peer- reviewed science, that there is a threshold level below which there is unlikely to be any increase in cancer risk and the Administrator sets the MCLG at that level with an adequate margin of safety. Requires the Administrator, at the time he or she proposes an NPDW regulation, to publish a determination as to whether the benefits of the MCL justify, or do not justify, the costs. Authorizes the Administrator to establish an MCL for a contaminant at a level other than the feasible level if the technology, treatment techniques, and other means used to determine the feasible level would result in an increase in the health risk from drinking water by: (1) increasing the concentration of other contaminants in drinking water; or (2) interfering with the efficacy of drinking water treatment techniques or processes that are used to comply with other NPDW regulations. Authorizes the Administrator, if he or she determines that the benefits of an MCL would not justify the cost of complying with the level, to promulgate an MCL for the contaminant that maximizes health risk reduction benefits at a cost that is justified by the benefits, with an exception. Prohibits the Administrator from establishing an MCL in a Stage I or Stage II NPDW regulation for contaminants that are disinfectants or disinfection byproducts, or to establish an MCL or treatment technique requirement for the control of cryptosporidium. Sets forth provisions regarding: (1) judicial review; (2) disinfectants and disinfectant byproducts; and (3) review of standards. (Sec. 7) Requires the Administrator to promulgate NPDW regulations for: (1) arsenic according to a specified schedule and develop and carry out a comprehensive plan for research in support of drinking water rulemaking and take other specified steps regarding assessment, proposed regulation, and final regulation for arsenic; (2) radon, providing for an MCL of 3,000 picocuries per liter; and (3) sulfates. (Sec. 10) Directs the Administrator to propose a regulation that describes treatment techniques that meet the requirements for filtration that are feasible for community water systems serving a population of 3,300 or fewer and noncommunity water systems. (Sec. 12) Directs the Administrator to issue guidance or regulations regarding system treatment technologies. Authorizes the Administrator to make grants to institutions of higher learning to establish and operate not fewer than five small public water system technology assistance centers in the United States. (Sec. 13) Revises the variance provisions of the Act to: (1) allow public water systems to receive a variance on the condition that they install and operate best available treatment technology; and (2) authorize the Administrator (or a State with primary enforcement responsibility for public water systems) to grant to public water systems serving a population of 10,000 or fewer a variance for compliance with a requirement specifying an MCL or treatment technique contained in an NPDW regulation if a system cannot afford to comply with the regulation and adequate protection of public health is ensured. (Sec. 15) Requires each State to: (1) obtain the legal authority or other means to ensure that all new community water systems and new nontransient, noncommunity water systems commencing operation after October 1, 1996, demonstrate technical, managerial, and financial capacity with respect to each NPDW regulation in effect, or likely to be in effect, on the date of commencement of operations; (2) prepare, periodically update, and submit to the Administrator a list of community water systems and nontransient, noncommunity water systems that have a history of significant noncompliance and report to the Administrator; and (3) develop and implement a strategy to assist public water systems in acquiring and maintaining technical, managerial, and financial capacity. Directs the Administrator to support: (1) the States in developing capacity development strategies; and (2) the network of university-based Environmental Finance Centers in providing training and technical assistance to State and local officials in developing the capacity of public water systems, including the establishment of a national public water systems capacity development clearinghouse. Authorizes appropriations. (Sec. 16) Requires public water systems receiving assistance from a State Revolving Loan Fund to be operated by a trained and certified operator. Authorizes the Administrator to withhold funds that would otherwise be allocated to the State, or require the repayment of an amount equal to the amount of any such assistance, for noncompliance. (Sec. 17) Directs each State to: (1) delineate the source water protection areas for community water systems in the State using hydrogeologic information considered to be reasonably available and appropriate by the State; and (2) conduct vulnerability assessments in source water areas determined to be a priority by the State. Authorizes States to establish source water quality partnership petition programs to assist in the local development of a voluntary, incentive-based partnership to reduce the presence in drinking water of contaminants and to obtain Federal and State financial or technical assistance. (Sec. 18) Extends the date for submitting State regulations to retain primacy for new or revised drinking water standards. Grants States interim primary enforcement authority. Authorizes appropriations. (Sec. 19) Requires the Administrator to review existing monitoring requirements for not fewer than 12 contaminants within two years. Authorizes: (1) States to establish alternative monitoring programs, except for regulations applicable to a microbial contaminant or an indicator of such a contaminant, subject to specified requirements; and (2) the Administrator or a State to suspend quarterly monitoring requirements applicable to small systems for any contaminant (other than a microbial contaminant or such an indicator that causes an acute effect or a contaminant formed in the treatment process or distribution system) that is not detected during the first quarterly sample in a monitoring cycle. Directs the Administrator to promulgate regulations establishing the criteria for a monitoring program for unregulated contaminants and to list up to 20 contaminants. Requires all systems serving more than 10,000 people to monitor for such contaminants. Authorizes appropriations. Requires the Administrator to establish a national database containing information on the occurrence of regulated and unregulated contaminants. (Sec. 20) Requires each owner or operator of a public water system to give notice to those served by the system: (1) of any failure of the system to comply with an applicable maximum contaminant level or treatment technique requirement of, or a testing procedure prescribed by, an NPDW regulation or to perform required monitoring; (2) if the system is subject to a variance granted for an inability to meet a maximum contaminant level requirement or is subject to a granted exemption, of the existence of the variance or exemption and of any failure to comply with the requirements of any schedule prescribed pursuant to the variance or exemption; and (3) of the concentration level of any unregulated contaminant for which the Administrator has required public notice. Directs the Administrator to prescribe the manner, frequency, form, and content for giving notice. Specifies that such regulations shall provide for different frequencies of notice based on the differences between violations that are intermittent or infrequent and violations that are continuous or frequent and shall take into account the seriousness of any potential adverse health effects that may be involved. Permits a State to establish alternative notification requirements. Sets forth reporting requirements. (Sec. 21) Revises enforcement provisions of the Act to permit enforcement actions to be taken by both EPA and a State with primary enforcement responsibility. Directs the Administrator to notify local elected officials before taking enforcement actions against public water systems in nonprimacy States. Authorizes the Administrator or a State to suspend enforcement action with respect to a violation for a two-year period if the violation is to be corrected through a consolidation or restructuring during that period. Requires States to adopt administrative penalties of at least $1,000 per violation for large systems. Increases the maximum amount for an administrative penalty imposed by EPA from $5,000 to $25,000 per violation, but only after a hearing on the record. (Sec. 22) Waives the sovereign immunity of Federal agencies, subject to specified limitations. Allows citizens and States to seek penalties for all violations of the Act at Federal facilities. (Sec. 23) Authorizes appropriations for research with respect to the safe supply of drinking water. Directs the Administrator to: (1) develop and periodically update an integrated risk characterization strategy for drinking water quality; and (2) develop and carry out a research plan to support the development and implementation of rules regarding enhanced surface water treatment, disinfectant and disinfection byproducts, and ground water disinfection. Sets forth reporting requirements. (Sec. 24) Revises the definition of "public water system" to include water for human consumption through pipes or other constructed conveyances. Excludes from regulation connections to non-piped systems where alternative water supplies or treatment to levels that are equivalent to NPDW regulations is provided before the water is used for drinking or cooking. (Sec. 25) Authorizes the Administrator to makes grants to States for the development and implementation of State programs for the protection of groundwater resources. Prohibits any such grant from being used for more than half of the cost of the program. Authorizes appropriations. Directs the Administrator to study and report to the Congress on the extent and seriousness of contamination of private sources of drinking water that are not regulated under this Act. Authorizes the Administrator to reestablish a partnership between the Robert S. Kerr Environmental Research Laboratory and the National Center for Ground Water Research, a university consortium, to conduct research, training, and technology transfer for groundwater quality protection and restoration. (Sec. 26) Prohibits the use (after June 19, 1986, in the installation or repair of any public water system or in any plumbing in a facility providing water for human consumption) or sale (effective two years after this Act's enactment) of any pipe, or plumbing fitting or fixture, that is not lead free, with exceptions. Directs the Administrator to: (1) provide accurate and timely technical information and assistance to qualified third-party certifiers in the development of voluntary standards and testing protocols for the leaching of lead from new plumbing fittings and fixtures that are intended by the manufacturer to dispense water for human ingestion; and (2) promulgate regulations setting a health effects-based performance standard establishing maximum leaching levels from new plumbing fittings and fixtures that are intended by the manufacturer to dispense water for human ingestion if a voluntary standard is not established within a year. Repeals Federal law encouraging the use of geothermal heat pumps that return water to the distribution lines of public water systems. (Sec. 27) Amends the Federal Food, Drug, and Cosmetic Act to direct the Secretary of Health and Human Services to issue a regulation establishing a quality level for each contaminant in bottled water or make a finding that a regulation is unnecessary to protect the public health because the contaminant is contained in water in the public water systems and not in water used for bottled drinking water. (Sec. 28) Directs the Administrator to: (1) identify and rank sources of pollution with respect to the relative degree of risk of adverse effects on human health, the environment, and public welfare; (2) estimate the private and public costs associated with each source of pollution and the costs and benefits of complying with regulations designed to protect against risks associated with such sources and those associated with major Federal actions selected by the Administrator that have the most significant impact on human health or the environment; (3) identify reasonable opportunities to achieve significant risk reduction through modifications in environmental regulations and programs and other Federal actions with impacts on human health, the environment, or public welfare; (4) identify, explain, and determine research that would reduce uncertainties associated with the risks; and (5) consider and estimate the monetary and other values of the benefits associated with reducing risk to human health and the environment. Sets forth reporting requirements. Directs the Science Advisory Board to conduct a technical review of Administrator's report in public session before submission to the Congress. (Sec. 29) Authorizes the Chief of the Army Corps of Engineers to modernize the Washington Aqueduct. Authorizes appropriations. Modifies the membership of the National Drinking Water Advisory Council to include two members representing small, rural water systems.
United States · United States Congress · 29 September 1995
Requires the Senate and the House of Representatives to assemble in the Hall of the House on October 11, 1995, to remember the veterans and those who served on the home front in closing the commemoration of the 50th Anniversary of World War II. Designates November 4 through 11, 1995, as a Week of National Remembrance and the Closing of the 50th Anniversary of World War II. Calls for National Days of Prayer on November 4 through 5, 1995, and a World War II Education Day across America on November 8, 1995. Requires commemorations during such week to include the dedication of the future site of the Nation's World War II Memorial in Washington, D.C. Designates Veterans Day, November 11, 1995, as a "National Day of Observance and Celebration of the 50th Anniversary of World War II. Urges each State Governor and chief executive of political subdivisions of each State to issue a proclamation calling upon citizens to participate on November 11, 1995, at 11 o'clock a.m. in the ringing of the Bells of Peace and Freedom 50 times to signify the 50 years without a world war and the world's hope to achieve another 50 years of peace and freedom.
United States · United States Congress · 8 September 1995
Administrative Dispute Resolution Act of 1995 - Amends the Administrative Dispute Resolution Act (ADRA) and other Federal law with regard to alternative means of dispute resolution (ADR) in the administrative process. (Sec. 2) Excludes settlement negotiations from the list of ADR procedures. Repeals the current exclusion and permits parties to use ADR to resolve certain Federal employee-related disputes involving such matters as retirement, life or health insurance, and suspension or removal from duty, as well as prohibited personnel practices. (Sec. 3) Repeals the availability exemption to confidentiality, thus subjecting dispute resolution communications to the disclosure prohibition, even though they would be provided or available to all parties to the dispute resolution proceeding. Limits applicability of confidentiality requirements only to communications involved in the proceeding, and no longer, also, to any information concerning such communications. Exempts all dispute resolution communications from disclosure under the Freedom of Information Act. (Sec. 4) Directs the Chairman of the Administrative Conference of the United States to report to the Congress on alternative means of dispute resolution implemented by Federal agencies. (Sec. 5) Allows a Federal agency to use the support services of State, local, and tribal governments. (Sec. 6) Amends the Contract Disputes Act of 1978 to: (1) require contractors using ADR procedures to resolve a claim against the Federal Government to comply with the same certification procedures applicable to any other claim subject to such Act; and (2) repeal its termination date. (Sec. 7) Provides for expedited hiring of neutrals in civilian and defense agency contracts for use in any part of an ADR process. (Sec. 8) Amends the Administrative Dispute Resolution Act to repeal its termination date and provide for a permanent authorization.
United States · United States Congress · 8 September 1995
Iran Foreign Oil Sanctions Act of 1995 - Directs the President to impose certain twelve-month economic sanctions against foreign persons who, with requisite knowledge, export goods or technology that would contribute to Iran's ability to extract, refine, produce, store, or transport petroleum or natural gas products. Waives the requirements of this Act if the President certifies to the appropriate congressional committees that Iran has: (1) substantially improved its adherence to internationally recognized standards of human rights; (2) ceased its efforts to develop or acquire a nuclear explosive device, chemical or biological weapons, or missiles or related delivery systems; and (3) ceased support for acts of international terrorism. Sets forth additional criteria for such a waiver. Directs the President to establish a List of Petroleum and Natural Gas-Related Goods and Technology which shall be subject to the export control restrictions of this Act. Requires the President to report periodically to the appropriate congressional committees on Iran's: (1) nuclear and other military capabilities; and (2) support, if any, for acts of international terrorism.
United States · United States Congress · 11 August 1995
Ricky Ray Hemophilia Relief Fund Act of 1995 - Establishes in the Treasury the Ricky Ray Hemophilia Relief Fund. Authorizes appropriations. Specifies that any individual who submits to the Attorney General written medical documentation that the individual has a human immunodeficiency virus (HIV) infection shall receive $125,000 from amounts available in the Fund if the individual: (1) has a blood-clotting disorder and was treated with blood-clotting agents between January 1, 1980, and December 31, 1987; (2) is the lawful spouse of such individual or the former lawful spouse and was the lawful spouse of the individual at any time after a date within such period on which the individual was treated; or (3) acquired the HIV infection through perinatal transmission from a parent who is such an individual. Requires that a claim for payment be filed with the Attorney General by or on behalf of such individual and that the Attorney General determine that the claim meets the requirements of this Act. Specifies that a claim under this Act shall not be assignable or transferable. Sets limits regarding the number of claims per victim. Prohibits the Attorney General from paying claims filed under this Act unless filed within three years after this Act's enactment.
United States · United States Congress · 10 August 1995
Northern Forest Stewardship Act - Directs the Secretary of Agriculture to: (1) provide technical assistance to Maine, New Hampshire, New York, and Vermont for forest products marketing cooperatives, for implementing principles of sustainability, and for land conservation; (2) prepare a related study of the Northern Forest region; and (3) cooperate in Northern Forest research. Provides for interstate coordination strategy. Directs the Secretary of Labor to provide technical assistance to forest-based industry for labor safety and training activities. Authorizes appropriations for: (1) land conservation; and (2) other activities under this Act. Expresses the sense of the Congress: (1) that States should provide landowners with liability exemptions for permitting free public use of their land; and (2) in favor of a funding mechanism to support conservation of nongame fish and wildlife on public and private land.
United States · United States Congress · 10 August 1995
Amends the Internal Revenue Code to specify the rate of tax on draft cider containing certain percentages of alcohol. Excludes the tax from the credit for small domestic producers.
United States · United States Congress · 9 August 1995
TABLE OF CONTENTS: Title I: Maritime Security Title II: Operating Flexibility and Regulatory Relief Title III: Loan Guarantees and Ship Repair Title IV: Miscellaneous Maritime Reform and Security Act of 1995 - Title I: Maritime Security - Amends the Merchant Marine Act, 1936 to mandate establishment of a fleet of active, militarily useful, privately-owned vessels to meet national defense and other security requirements and maintain a U.S. presence in international commercial shipping. Requires that fleet vessels have an operating-differential subsidy agreement and be 25 years old or less (for lighter aboard ship vessels) or 15 years old or less (for other types of vessels). Mandates an operating agreement requiring that vessels be operated in the foreign trade (without restriction, notwithstanding specified existing requirements) or in mixed foreign and domestic trade as allowed under specified registry endorsement provisions. Prohibits otherwise operating them in the coastwise trade. Declares that participation in the Fleet shall not subject a contractor to any requirement under specified provisions. Makes the renewable term of the agreement one year and requires renewal if sufficient funds are available. Mandates, subject to the availability of appropriations, annual payments for each vessel. Establishes an Emergency Preparedness Program under which a fleet vessel, during time of war or national emergency, must make available commercial transportation resources, including vessels or capacity in vessels, intermodal systems and equipment, terminal facilities, intermodal and management services, and other related services as necessary. Requires compensation for resources provided for the commercial diversion period. Allows operation or employment in foreign commerce of a foreign-flag vessel as a temporary replacement for an activated vessel. Authorizes appropriations. (Sec. 102) Prohibits operating-differential subsidy (ODS) payments for a vessel 25 years old or older, unless in the public interest. Prohibits new ODS contracts after enactment of this Act. Continues existing contracts until they terminate by their terms. Makes essential services requirements inapplicable to the ODS program in certain circumstances. Allows a vessel, notwithstanding any other provision of law, to be transferred and registered under a foreign registry in specified circumstances. (Sec. 103) Prohibits, subject to exception, any contractor or related party from receiving payments while it participates in a noncontiguous domestic trade, except with written permission of the Secretary of Transportation. Requires such permission for changes in sailing frequency, capacity, or domestic ports called. Authorizes permission unless the Secretary finds existing service is adequate or the proposed service would result in unfair competition or would be contrary to the objects and policy of the Act. Requires denial of operating agreement payments while unauthorized noncontiguous domestic trade service is provided. Title II: Operating Flexibility and Regulatory Relief - Declares that provisions prohibiting ODS contractors from operating competing foreign-flag vessels do not preclude owning, chartering, or operating (or some combination thereof) a foreign-flag vessel in specified circumstances. (Sec. 202) Amends the Shipping Act, 1916 to modify the circumstances under which, notwithstanding certain provisions of law, a vessel may be placed under a foreign registry with the approval of the Secretary of Transportation. (Sec. 203) Amends the Merchant Marine Act, 1936 to require that, notwithstanding any other provision of law or contract, all restrictions and requirements (under specified provisions) applicable to a liner vessel constructed, reconstructed, or reconditioned with the aid of a construction-differential subsidy terminate 25 years after vessel delivery from the shipyard. (Sec. 204) Makes a liner vessel which is not documented under specified provisions and which meets specified requirements eligible for a certificate of inspection. Declares that a vessel documented as a U.S.-flag vessel under these provisions continues to be eligible for such a certificate by complying with international agreements and associated guidelines. Allows the Secretary of Transportation to rely on a certification from a classification society accepted by the Secretary to establish that a vessel is in compliance with certain requirements. Title III: Loan Guarantees and Ship Repair - Amends Federal ship mortgage insurance provisions to mandate: (1) establishment of a system of risk categories, for obligations guaranteed under the provisions, reflecting specified risk factors; and (2) determination for each category of a subsidy rate equivalent to the average annual cost of obligations in the category. Prohibits guaranteeing obligations when the amount guaranteed, multiplied by the subsidy rate, equals or exceeds appropriated funds. Mandates a fee, determined according to a specified formula, for the guarantee of an obligation. Deems the Secretary of Transportation, for Federal ship mortgage insurance provisions and notwithstanding any other provision of law, to be the "Secretary" with respect to loan guarantee applications to finance the construction, reconstruction, or reconditioning of fishing vessels intended for the export commerce. Prohibits any fishing vessel financed with a Department of Transportation export loan guarantee from engaging in any fishery within the U.S. Exclusive Economic Zone. (Sec. 303) Mandates a pilot program to evaluate the feasibility of using long-term contracts for the maintenance and repair of outported vessels in the Ready Reserve Force to enhance the readiness of those vessels. Requires, subject to appropriations, the award of nine contracts. Title IV: Miscellaneous - Amends Federal law relating to merchant seamen protection and relief to extend veterans' benefits to an individual who served as a member of the U.S. merchant marine between August 16, 1945, and December 31, 1946, and who, during that period, was licensed or documented as a crewmember of a vessel that at the time of service was: (1) operated by the War Shipping Administration or the Office of Defense Transportation, or an agent thereof; (2) operated in waters other than inland waters, the Great Lakes, other lakes, bays, and harbors of the United States; (3) under contract, charter to, or property of, the U.S. Government; and (4) serving the armed forces. (Sec. 402) Amends the Merchant Marine Act, 1936 to entitle a merchant mariner who serves during a war, armed conflict, national emergency, or mobilization need to the same reemployment rights as are guaranteed to a member of a Reserve component of the armed forces who is ordered to active duty. (Sec. 403) Extends the termination date of the authority of the Secretary of Commerce to provide insurance and reinsurance under provisions relating to war risk insurance. (Sec. 404) Amends the Merchant Ship Sales Act of 1946 to modify one of the circumstances under which a vessel in the National Defense Reserve Fleet may be used, requiring that the Secretary of Defense (currently, the Secretary of the Navy) request the use. (Sec. 405) Amends Federal law relating to the general duties and powers of the Secretary of Transportation to direct the Secretary to report to the Congress each even-numbered year (currently, each year) on the conditions of U.S. public ports.
United States · United States Congress · 28 July 1995
TABLE OF CONTENTS: Title I: Fraud and Abuse Control Program Title II: Revisions to Current Sanctions for Fraud and Abuse Title III: Administrative and Miscellaneous Provisions Title IV: Civil Monetary Penalties Title V: Amendments to Criminal Law Title VI: State Health Care Fraud Control Units Title VII: Medicare Billing Abuse Prevention Health Care Fraud and Abuse Prevention Act of 1995 - Title I: All-Payer Fraud and Abuse Control Program - Directs the Secretary of Health and Human Services and the Attorney General to establish: (1) an all-payer fraud and abuse control program; and (2) guidelines, including information guidelines, to carry out such program. Establishes the Health Care Fraud and Abuse Control account (the account), which shall consist in part of amounts deposited or transferred to such Account under specified health care offenses provisions of specified Acts. (Sec. 102) Applies specified Medicare and State health care anti-fraud and abuse provisions of part A (General Provisions) of SSA title XI to all Federal health programs. (Sec. 103) Directs the HHS Secretary annually to solicit proposals for modifications to existing safe harbors and for additional safe harbors, according to certain criteria, for payment practices. Permits any person, at any time, to request a notice from the HHS Inspector General (IG) which informs the public of practices which the IG considers to be suspect or of particular concern (special fraud alerts), as well as interpretive rulings with regard to the application of certain anti-fraud and abuse provisions under SSA title XI. Title II: Revisions to Current Sanctions for Fraud and Abuse - Amends provisions of titles XI (General Provisions and Peer Review) and XVIII (Medicare) of the Social Security Act to provide for: (1) the mandatory exclusion of individuals with a felony fraud conviction from participation in Medicare and State health care programs; (2) a minimum period of exclusion for certain individuals and entities subject to permissive exclusion from Medicare and State health care programs; (3) the permissive exclusion of individuals with ownership or control interest in sanctioned entities; (4) a minimum period of exclusion for practitioners and individuals failing to meet statutory obligations; and (5) intermediate sanctions for Medicare health maintenance organizations. Title III: Administrative and Miscellaneous Provisions - Directs the Secretary to provide for the establishment of a national health care fraud and abuse data collection program for the reporting of final adverse actions against health care providers, suppliers, or practitioners. Title IV: Civil Monetary Penalties - Provides, under part A of title XI of the Social Security Act, for: (1) the payment of the portion of amounts recovered under provisions of this Act into the account; and (2) an increase in the civil monetary penalty. Subjects an excluded individual retaining an ownership or controlling interest in a Medicare or State health care program to such penalty. Permits the Secretary to impose a penalty on any individual (including any organization, but excluding a beneficiary) who knowingly receives any kickback or bribe in return for making a referral or purchasing equipment in a Medicare or State health care program. Title V: Amendments to Criminal Law - Amends the Federal criminal code with respect to: (1) mail fraud, to impose a fine or imprisonment for up to ten years or both in the case of health care fraud; (2) the forfeiture of property in certain Federal health care offenses; (3) sppecified injunctive relief; (4) fines or imprisonment or both in connection with Federal health care offenses; and (5) penalties for obstructions of criminal investigations of Federal health care offenses, theft, or embezzlement in connection with health care, and the laundering of monetary instruments in connection with a Federal health care offense. Title VI: State Health Care Fraud Control Units - Provides, under Medicaid, for the extension of concurrent authority to investigate and prosecute fraud in other Federal programs and to investigate and prosecute patient abuse in non-Medicaid board and care facilities. Title VII: Medicare Billing Abuse Prevention - Directs the Secretary to: (1) require Medicare carriers to acquire commercial automatic data processing equipment meeting specified requirements to process Medicare part B (Supplementary Medical Insurance) claims for the purpose of identifying billing code abuse; and (2) order a review of existing regulations, guidelines, and other guidance governing Medicare payment policies and billing code abuse to determine if revision is necessary to maximize the benefits to the Federal Government of the use of such equipment.
United States · United States Congress · 28 July 1995
American Family-Owned Business Act - Amends the Internal Revenue Code to exclude from the gross estate specified portions of the adjusted value of the qualified family-owned business interests of the decedent.
United States · United States Congress · 28 July 1995
Amends rule XXXV (Gifts) of the Standing Rules of the Senate to prohibit a Senate Member, officer, or employee from knowingly accepting a gift except as provided in this Act. Allows such individual to accept a gift (other than cash or cash equivalent) which he or she reasonably and in good faith believes to have a value of less than $50 and a cumulative value from one source during a calendar year of less than $100. (Currently, such individuals and their spouses and dependents are allowed to accept gifts totalling up to $250 from any one person in a calendar year.) Provides that no gift with a value below ten dollars shall count towards the $100 annual limit. Considers a gift to a family member to be a gift to such individual if given with his or her knowledge and acquiescence and if there is reason to believe that the gift was given because of such individual's official position. Treats only the food and refreshment that are provided to such individual as a gift if they are also provided at the same time and place to such individual's spouse or dependent. Includes among exempted items: (1) contributions lawfully made under the Federal Election Campaign Act or attendance at a fund raising event sponsored by a political organization; (2) anything provided on the basis of a personal friendship unless such individual has reason to believe that the gift was provided because of his or her official position; (3) otherwise lawful contributions to such individual's legal expense fund; (4) food, refreshments, lodging, and other benefits which result from the outside business or employment activities of such individual or spouse if such benefits have not been offered or enhanced because of such individual's official position, which are customarily provided by a prospective employer in connection with bona fide employment discussions, or which are provided by a political organization in connection with a fund raising or campaign event; (5) training that is the Senate's interest; (6) a gift of personal hospitality of an individual other than a registered lobbyist or agent of a foreign principal; and (7) certain other opportunities and benefits provided to the public or to Government employees generally. Establishes conditions under which such individual may accept an offer of free attendance at a convention, dinner, or similar event. Prohibits the acceptance of a gift exceeding $250 on the basis of the personal friendship exception unless the Select Committee on Ethics issues a written determination that such exception applies. Provides that certain reimbursements to such individual for travel expenses to an event in connection with official duties shall not be considered to be gifts if advance authorization is received and the reimbursements and authorization are disclosed within a specified time period. Declares that activities that are substantially recreational in nature shall not be considered to be in connection with official duties. Includes as prohibited gifts to such individual from a registered lobbyist or an agent of a foreign principal: (1) anything provided to an entity that is maintained or controlled by such individual; (2) a charitable contribution made on the basis of such individual's specification, with the exception of a mass mailing or other solicitation directed to a broad category of persons or entities; (3) a contribution or other payment to such individual's legal expense fund; and (4) a financial contribution or expenditure made relating to a conference or similar event sponsored by, or affiliated with, an official congressional organization for, or on behalf of, such individuals. Provides that a charitable contribution made by a registered lobbyist or agent in lieu of an honorarium to such individual shall not be considered a gift under this Act if such individual reports to the Secretary of the Senate the name and address of the registered lobbyist, the date and amount of the contribution, and the name and address of the designated or recommended charitable organization. Declares that such rules shall be interpreted and enforced solely by the Select Committee on Ethics. (Sec. 2) Amends rule XXXIV (Public Financial Disclosure) to require such individuals to include in their financial disclosure reports for purposes of the Ethics in Government Act of 1978 (the Act): (1) additional categories of income derived from dividends, interest, rent, and capital gains for a certain period (between $1 million and $5 million or greater than $5 million); and (2) additional categories of such income derived from a spouse or dependent child (between $1 million and $5 million, between $5 million and $25 million, between $25 million and $50 million, or greater than $50 million). Requires such additional categories with amounts or values greater than $1 million to apply to the income, assets, or liabilities of spouses or dependent children only if they are held jointly with the reporting individual. Requires all other income, assets, or liabilities of the spouse or dependent children required to be reported in an amount or value greater than $1 million to be categorized only as an amount or value greater than $1 million. Requires such individuals also to include in such reports an additional statement listing the category of the total cash value of any interest in a qualified blind trust, unless the trust instrument was executed before July 24, 1995, and precludes the beneficiary from receiving information on the total cash value of such interest. (Sec. 3) Expresses the sense of the Senate that the Judicial Conference of the United States should review and reevaluate its regulations pertaining to the acceptance of gifts and travel and travel-related expenses and that such regulations should cover all judicial branch employees, including Supreme Court members and employees. (Sec. 4) Authorizes the Senate Committee on Rules and Administration, on behalf of the Senate, to accept a gift if it does not involve any duty, burden, or condition, or is not made dependent upon some future performance by the Senate.
United States · United States Congress · 24 July 1995
Amends the Internal Revenue Code to except from the excise tax on passenger transportation by water a voyage of less than 12 hours on a ferry between a port in the United States and one outside the United States. Defines "ferry" to mean a vessel on which no more than 50 percent of the passengers on any voyage return to the port where the voyage originated on the vessel's first return to port.
United States · United States Congress · 21 July 1995
Lobbying Disclosure Act of 1995 - Requires registration with the Office of Lobbying Registration and Public Disclosure (Office) (established by this Act) by any individual lobbyist (or the individual's employer, if it employs one or more lobbyists) within 30 days after the individual first makes, or is employed or retained to make, a lobbying contact with either the President, the Vice President, a Member of Congress, or any other specified Federal officer or employee, including certain high-ranking members of the uniformed services. Defines a lobbyist as any individual employed or retained by a client for financial or other compensation for services that include one or more lobbying contacts (but not an individual whose lobbying activities constitute less than ten percent of the time engaged in the services provided to that client). Provides for: (1) special registration filing rules in cases involving multiple clients and contacts; and (2) registration termination in cases where a registrant is no longer employed or retained by a client to conduct lobbying activities, and does not anticipate any additional lobbying activities for such client. (Sec. 4) Specifies the contents of such registration and reports. (Sec. 5) Requires registrants to file semiannual lobbying activity reports with the Office. Provides for exemptions from such registration and reporting requirements in cases involving lobbying income of $2,500 or less (for a particular client) or total expenses of $5,000 or less (in the case of an organization whose employees engage in lobbying activities on the organization's behalf) (adjusted periodically for inflation) for the semiannual period. (Sec. 6) Provides for special rules generally prohibiting registrants under this Act and the Foreign Agents Registration Act from providing gifts (including meals, lodging, transportation, entertainment, reimbursements, loans, or forbearance) to any covered legislative branch official, or to the spouse, dependent, friend, or relative of such an official if it is given with the knowledge and acquiescence of such official and is given because of his or her position. Permits certain such items under prescribed circumstances, such as lawful political contributions and informational materials sent to the official's office, and gifts given for a nonbusiness purpose and motivated by family relationship or close personal friendship. (Sec. 7) Establishes the Office as an executive agency, and specifies its duties, including making public the semiannual lobbyist activity reports. (Sec. 8) Establishes procedures for: (1) determining and resolving alleged violations of this Act; and (2) judicial review of Office decisions. (Sec. 13) Amends the Foreign Agents Registration Act of 1938 to: (1) eliminate references to political propaganda and, in certain cases, replace them with references to informational materials; and (2) modify registration exemption provisions. (Sec. 14) Revises (Byrd Amendment) requirements for a declaration by persons requesting or receiving a Federal contract, grant, loan, or cooperative agreement with respect to any payments made in connection with it which would be prohibited if made with appropriated funds. Requires, in lieu of information currently required, the: (1) name of any registrant under this Act who has made lobbying contacts on behalf of the person with respect to that Federal contract, grant, loan, or cooperative agreement; and (2) certification that the declarant has not made, and will not make, any prohibited payment. (Sec. 15) Repeals: (1) the Federal Regulation of Lobbying Act; and (2) provisions on lobbyist activities of the Department of Housing and Urban Development Act and the Housing Act of 1949. (Sec. 18) Authorizes appropriations. (Sec. 19) Sets forth special rules for the identification of: (1) foreign and other clients on whose behalf lobbying contacts are made with a covered legislative or executive branch official; and (2) such covered officials. (Sec. 21) Permits tax-exempt charitable organizations required to report lobbying expenses by the Internal Revenue Code to report, under this Act, only good faith estimates of such expenses in order to meet criteria for exemption from the reporting requirements of this Act. Permits trade or business entities that may take income tax deductions for certain lobbying expenses to make good faith estimates of any non- deductible lobbying expenses in order to meet criteria for exemption from the reporting requirements of this Act. Directs the Comptroller General to study and report to the Congress on differences in meaning between this Act and the Internal Revenue Code of "lobbying activities," "lobbying expenditures," "influencing legislation," and related terms. (Sec. 22) Requires the President to appoint an interim Director of the Office within 30 days after enactment of this Act.
United States · United States Congress · 21 July 1995
Amends rules XXXV of the Senate and XLIII of the House of Representatives to revise provisions governing the receipt of gifts by Members, officers, or employees of Congress (Members). Prohibits a Member from knowingly accepting from a lobbyist or agent of a foreign principal certain gifts, including: (1) anything that is paid for, charged to, or reimbursed by a client or firm of a lobbyist or agent; (2) anything that is maintained or controlled by the Member; (3) charitable contributions made on the basis of a designation, recommendation, or other specification by the Member or in lieu of an honorarium to the Member; (4) contributions to the Member's legal expense fund; and (5) financial contributions relating to a conference or similar event given for or on behalf of Members. Specifies what are not prohibited gifts, including: (1) benefits that result from the employment or outside activities of a spouse and that are routinely provided to others; (2) informational material sent to a Senate or House office; and (3) gifts for a nonbusiness purpose by a family member or close personal friend. Sets forth factors for determining whether the gift was made for nonbusiness purpose and by a family relationship or close personal friendship. Bans gifts from persons other than lobbyists and agents, including items given to a Member's spouse or dependent, with the Member's knowledge and acquiescence, because of the Member's official position. Specifies what are not banned gifts, including: (1) lawful campaign contributions or attendance at fund raising events; (2) anything provided by a close personal friend or relative unless motivated by the recipient's official position; (3) contributions to a Member's legal expense fund if the donor is identified for the Senate Select Committee on Ethics or the House Committee on Standards of Official Conduct; (4) food or refreshments with a value of less than $20; (5) other benefits resulting from outside business or employment; (6) information materials sent to a Senate or House office; (7) training that is in the interest of the Senate or House; (8) a gift of personal hospitality of an individual; (9) certain opportunities and benefits provided to the public or to Government employees generally; (10) a plaque, trophy, or other memento of nominal value; and (11) anything else granted a waiver by the Senate Select Committee on Ethics and House Committee on Standards of Official Conduct. Establishes conditions under which a Member may accept an offer of free attendance at a convention, dinner, or similar event. Prohibits the acceptance of a gift with a value greater than $250 on the basis of a personal relationship exception, unless the Senate Select Committee on Ethics or the House Committee on Standards of Official Conduct issues a written determination that an exception applies. Directs such Committees to provide guidance on steps Members may take to prevent the acceptance of prohibited gifts from lobbyists. Provides that certain reimbursements to a Member for travel expenses to an event in connection with official duties shall not be considered to be gifts if advance authorization is received and the reimbursements and authorization are disclosed within a specified time period. Declares that events, the activities of which are substantially recreational in nature, shall not be considered to be in connection with official duties. (Sec. 3) Amends the Ethics in Government Act to require the reporting of any reimbursement to a Federal agency, the Senate, or the House of Representatives under the applicable rule or statute rather than under such Act. Authorizes the Senate Committee on Rules and Administration, on behalf of the Senate, to accept a gift if it does not involve any duty, burden, or condition, or is not made dependent upon some future performance by the United States. Provides that the rules on acceptance of food, refreshments, and entertainment provided to a Member in the Member's home State shall be the same as the rules in effect on the day before the effective date of this Act.
United States · United States Congress · 21 July 1995
Amends the Federal criminal code to: (1) include equity skimming as a money laundering offense; and (2) include within provisions pertaining to obstruction of a Federal audit, attempts to influence, obstruct, or impede a Federal auditor in the performance of official duties relating to any property that is security for a mortgage that is insured, guaranteed, acquired, or held by the Secretary of Housing and Urban Development pursuant to specified provisions described in the National Housing Act. Amends such Act to require each contract for mortgage insurance to authorize the Secretary to recover from an owner, agent, manager, or other person (owner) who is otherwise in custody, control, or possession of property that is security for a mortgage note insured, acquired, or held by the Secretary and who is convicted of equity skimming, an amount equal to the sum of any benefit of insurance conferred on the mortgagee by the Secretary with respect to such property and any other losses incurred by the Secretary in connection with such property if the Secretary determines that the violation contributed to such conferred benefit or incurred loss. Specifies that any recovery under this provision shall be in addition to any fine, imprisonment, or other penalty imposed under such Act.
United States · United States Congress · 14 July 1995
TABLE OF CONTENTS: Title I: Evaluation of Crime Prevention Programs and Development of National Crime Prevention Research and Evaluation Strategy Title II: Local Crime Prevention Block Grant Program Title III: Weed and Seed Community Anti-Crime Program Title IV: Community Schools and Safe Places Grant Program Title V: Consolidation of Gang Prevention Programs Title VI: Further Consolidation of Programs for At-Risk Youth Juvenile Crime Prevention and Reform Act of 1995 - Repeals provisions of the: (1) Violent Crime Control and Law Enforcement Act of 1994 (VCCLEA) regarding the Ounce of Prevention Grant Program, Model Intensive Grant Programs, Family and Community Endeavor Schools Grant Program, police recruitment, the Local Partnership Act, National Community Economic Partnership, Urban Recreation and At-Risk Youth, Family Unity Demonstration Project, and Gang Resistance Education and Training; (2) Juvenile Justice and Delinquency Prevention Act of 1974 (JJDPA) relating to mentoring; and (3) Community Services Block Grant Act relating to the National Youth Sports Program. Title I: Evaluation of Crime Prevention Programs and Development of National Crime Prevention Research and Evaluation Strategy - Requires the Attorney General, with respect to the Local Crime Prevention Block Grant Program, Weed and Seed Community Anti-Crime Program, and consolidation of gang prevention programs, and the Secretary of Health and Human Services, with respect to the Community Schools and Safe Places Grant Program established by this Act, to provide for the comprehensive and thorough evaluation of each such program. (Sec. 103) Directs the Attorney General and the Secretary to formulate and publish a unified national crime prevention research and evaluation strategy. Authorizes the Attorney General and the Secretary to use crime prevention research and evaluation funds reserved under this Act to conduct studies and demonstrations regarding the effectiveness of crime prevention programs and strategies that are designed to achieve the same purposes as the programs under this Act. (Sec. 104) Specifies that evaluations and research studies conducted pursuant to this title shall be independent in nature and shall employ rigorous and scientifically recognized standards and methodologies. (Sec. 105) Authorizes the Attorney General and the Secretary to require the recipients of Federal assistance under programs under this Act to collect, maintain, and report information considered to be relevant to the evaluation of crime prevention programs and to conduct and participate in specified evaluation and assessment activities and functions. (Sec. 106) Directs: (1) the Attorney General, with respect to titles II, III, and V, and the Secretary, with respect to title IV, to reserve not less than three nor more than five percent of the amounts appropriated pursuant to such titles and amendments made by such titles in each fiscal year to carry out the evaluation and research required by this title; and (2) the Attorney General and the Secretary to use funds reserved under this section to provide compliance assistance to specified grantees and other agencies and organizations that are requested to participate in evaluations and research. Title II: Local Crime Prevention Block Grant Program - Revises the VCCLEA's Local Crime Prevention Block Grant Program to provide that amounts paid to a unit of general local government under the Program shall be used to fund programs to prevent and diminish juvenile violence and delinquency, juvenile gang activity, and the sale and use of illegal drugs by juveniles. Requires each State to distribute amounts allocated to such State to units of general local government, and each such unit to repay unexpended amounts to a State, according to specified deadlines. Sets forth provisions regarding: (1) technical assistance; (2) qualification for payment; (3) funds allocation and distribution; (4) utilization of the private sector; and (5) public hearings on use of funds. Authorizes appropriations. Title III: Weed and Seed Community Anti-Crime Program - Establishes in the Department of Justice (DOJ) an Executive Office for Weed and Seed Programs which shall implement and administer a multidisciplinary approach to weeding out crime and seeding services and activities that promotes safety and security, the prevention of crime and juvenile delinquency, and community revitalization. (Sec. 303) Authorizes the Attorney General to award grants to units of general local government, State and local agencies, and private nonprofit agencies and organizations to implement Weed and Seed Program activities. Delineates weeding activities (such as intensifying law enforcement efforts to investigate, prosecute, and punish violent and drug-related crime in targeted communities) and seeding activities (such as coordinated collaborative efforts of law enforcement and human service agencies, the private sector, and community groups to concentrate a broad array of crime prevention programs). (Sec. 304) Sets forth provisions regarding: (1) priorities in awarding grants; (2) the use of funds; (3) application requirements; (4) evaluation and inspection; and (5) coordination of DOJ programs. Authorizes appropriations. Title IV: Community Schools and Safe Places Grant Program - Replaces the VCCLEA's Community Schools Youth Services and Supervision Grant Program with a Community Schools and Safe Places Grant Program. Requires the Secretary of Health and Human Services and the Secretary of Education, acting jointly: (1) for any fiscal year in which the sums appropriated equal or exceed $20 million, to allocate for grants to community-based organizations or public schools in each State an amount bearing the same ratio to such sums as the number of children in the State who are members of families with incomes below the poverty line bears to the number of children in all States who are members of such families; and (2) to allocate an appropriate amount of funds available for grants to Indian tribes. Authorizes the Secretaries to award, for each such fiscal year, grants from the appropriate State or Indian tribe allocation on a competitive basis to eligible community-based organizations and public schools to pay for the Federal share of assisting eligible communities to develop and carry out programs in accordance with this title. Sets forth provisions regarding reallocation and availability of funds, other fiscal years, and administrative costs. Sets forth provisions regarding: (1) program requirements; (2) use of funds; (3) eligible community identification; (4) community participation; (5) application requirements; (6) participant eligibility; (7) investigations and inspections; (8) payments, the Federal share, and the non-Federal share; (9) program evaluation; and (10) continuation of certain grants under the current program. Authorizes appropriations. Title V: Consolidation of Gang Prevention Programs - Repeals specified existing gang prevention programs under the Anti-Drug Abuse Act of 1988 and the JJDPA, but permits the Administrator of the Office of Juvenile Justice and Delinquency Prevention and the Assistant Secretary for Children and Families of the Department of Health and Human Services to continue grants awarded under such programs on or before the date of this Act's enactment. (Sec. 502) Authorizes the Administrator and the Assistant Secretary to jointly make grants to public agencies and private nonprofit agencies, organizations, and institutions for specified purposes, including to prevent and reduce the participation of juveniles in illegal gang activities, to promote at-risk juvenile involvement in constructive, lawful alternatives to such activities, and to provide treatment and rehabilitation services to members of juvenile gangs who abuse drugs. (Sec. 503) Sets forth provisions regarding: (1) applications for grants and contracts; (2) priorities for application approval; and (3) the amount of grant awards. Authorizes appropriations. Title VI: Further Consolidation of Programs for At-Risk Youth - Requires the Ounce of Prevention Council to submit a report to the Congress regarding the elimination of duplication and inefficiency in the structure and operation of Federal juvenile crime and delinquency prevention programs.
United States · United States Congress · 13 July 1995
TABLE OF CONTENTS: Title I: Health Care Access, Portability, and Renewability Subtitle A: Group Health Plan Rules Subtitle B: Individual Health Plan Rules Subtitle C: COBRA Clarifications Subtitle D: Private Health Plan Purchasing Coalitions Title II: Application and Enforcement of Standards Title III: Miscellaneous Provisions Health Insurance Reform Act of 1995 - Title I: Health Care Access, Portability, and Renewability - Subtitle A: Group Health Plan Rules - Prohibits insurers from declining to provide coverage, and plans from establishing certain types of requirements, based on health status, medical condition, and similar factors. (Sec. 102) Mandates plan renewability, except for nonpayment of premiums, termination of the plan, or other specified reasons. (Sec. 103) Regulates the circumstances in which a plan may impose a benefit limitation or exclusion because of a preexisting condition. Allows State laws that limit preexisting conditions to shorter periods than the provisions of this paragraph. (Sec. 104) Mandates special enrollment periods for individuals who have certain types of changes in family composition or employment status. (Sec. 105) Regulates disclosures an insurer must make to a small employer (as defined in State law, or employers with not more than 50 employees if not defined in State law). Subtitle B: Individual Health Plan Rules - Prohibits an insurer from establishing, for an individual in a period of previous qualifying coverage, eligibility, continuation, or enrollment requirements based on health status, medical condition, and similar factors. (Sec. 111) Mandates renewability of coverage for individuals, except for nonpayment of premiums, misrepresentation of material fact, or termination of the plan. (Sec. 112) Requires that State law in effect on, or enacted after, enactment of this Act apply in lieu of the standards above in this subtitle unless the Secretary of Health and Human Services determines that the State law is not as effective in providing access. (Sec. 113) Mandates a study and report on ensuring the availability of health insurance to individuals, the need for Federal premium variation standards, and the effectiveness of this Act and State laws in stabilizing the small group health insurance market by providing for the broad pooling of risk. Subtitle C: COBRA Clarifications - Amends the Public Health Service Act, the Employee Retirement Income Security Act of 1974 (ERISA), and the Internal Revenue Code to modify continuation coverage requirements. Subtitle D: Private Health Plan Purchasing Coalitions - Requires a State to certify health plan purchasing coalitions (HPPCs) meeting the requirements of this paragraph. Provides for Federal certification if a State fails to do so. Regulates HPPC organization, duties, and activities. Preempts, for a HPPC meeting these requirements, State fictitious group laws, State rating requirement laws (subject to exception), and other State laws in direct conflict. Applies to HPPCs the requirements of ERISA provisions relating to fiduciary responsibility and administration and enforcement. Title II: Application and Enforcement of Standards - Deems a requirement or standard under this Act imposed on: (1) a plan to be imposed on the insurer; and (2) a self-insured plan to be imposed on the plan sponsor. (Sec. 202) Requires each State to mandate that each plan in the State meet the standards under this Act pursuant to an enforcement plan filed by the State with the Secretary of Labor. Directs the Secretary, for self-insured health plans, to enforce the standards under this Act. Subjects failing plans to civil enforcement under specified ERISA provisions. Provides for Federal enforcement if a State fails to do so. Title III: Miscellaneous Provisions - Amends the Public Health Service Act to allow a health maintenance organization, if notified by a member that a medical savings account has been established for the member and if the member requests, to reduce the basic health services payment by requiring the payment of a deductible for basic health services. Declares that it is the sense of the Senate that the Congress should take steps to further the purposes of this Act.
United States · United States Congress · 29 June 1995
Regulatory Procedures Reform Act of 1995 - Amends Federal Government operations law on regulatory function analysis, among other things, to revise judicial review provisions. Defines "major rule" as a rule or group of closely related rules not expressly excluded from coverage under this Act that the proposing agency, Director of the Office of Management and Budget (OMB), or presidential designee determines is likely to affect the economy each year, directly or indirectly, in a specified manner. Requires Federal agencies: (1) before publishing rulemaking notices, to determine whether or not the rule in question is a major rule (giving the OMB Director or presidential designee as appropriate the authority to make certain redeterminations); and (2) when publishing a rulemaking notice for a major rule, issue an initial cost-benefit analysis, and, later, when the final major rule is published, a final analysis, with specified contents, along with an appropriate summary for each analysis. Requires initial analysis to contain risk assessments prepared by covered agency heads based on the best available scientific information in accordance with adopted guidelines incorporating specified requirements, including those for peer review panels, if a major rule addresses health, safety, or environmental risks as well as benefit assessments of risk reductions associated with regulatory alternatives. Prescribes executive oversight authority and requirements. Amends Federal Government operations law to add provisions governing congressional review of agency rulemaking, requiring promulgated final major rules to be submitted to the Congress for review in accordance with specified procedures before they take effect. Requires certain risk assessment and other specified studies by the Administrative Conference of the United States for a report to the Congress. Outlines provisions for: (1) encouraging covered Federal agencies engaged in regulating health, safety, and environmental risks to achieve the greatest overall net risk reduction at the least cost practical through appropriate priorities included in the agency's budget and planning; (2) promoting coordination risk reduction policies and programs and open communication between Federal entities and the public regarding risk prevention and management; and (3) comparative risk analysis and a certain methodological study provided for by OMB. Limits judicial review under this paragraph. Details provisions requiring certain biennial accounting statements from the President to the Congress, along with an associated report with appropriate program recommendations, estimating annual regulatory costs and corresponding benefits in accordance with specified guidelines, with appropriate recommendations for improvements from the Congressional Budget Office to the President after such statements and reports have been submitted to the Congress. Requires guidance from OMB for standardized agency cost-benefit measures and statement format. States that regulatory accounting requirements shall not be subject to judicial review.
United States · United States Congress · 28 June 1995
TABLE OF CONTENTS: Title I: Amendments to the Securities Laws Title II: Clarification of Antitrust Laws Charitable Giving Protection Act of 1995 - Title I: Amendments to the Securities Laws - Exempts from the jurisdiction of the Investment Company Act of 1940, the Securities Act of 1933, the Securities Exchange Act of 1934, and the Investment Advisers Act of 1940 any security issued by or any interest or participation in any pooled income fund, collective trust fund, collective investment fund, or similar fund deemed not to be an investment company under the Investment Company Act of 1940 (charitable gift annuities). Preempts State law to extend the charitable gift annuities exemption from its jurisdiction over: (1) securities registration or qualification requirements; and (2) any charitable organization regulation. Permits a State to enact a statute that specifically refers to this Act and provides prospectively that it does not preempt its laws. Title II: Clarification of Antitrust Laws - Exempts charitable gift annuities from application of the antitrust laws.
United States · United States Congress · 27 June 1995
Newborns' and Mothers' Health Protection Act of 1995 - Requires a health plan to provide maternity benefits for a minimum hospital stay for a mother and her newborn following the birth of the child. Provides an exception for home births. Prohibits a health plan from modifying the terms and conditions of coverage if the enrollee requests less than minimum coverage. Requires a health plan to provide written notice, prominently positioned in any literature or correspondence, to each enrollee regarding the coverage required by this Act.
United States · United States Congress · 21 June 1995
Black Revolutionary War Patriots Commemorative Coin Act - Directs the Secretary of the Treasury to mint and issue one-dollar silver coins emblematic of the design selected by the Black Revolutionary War Patriots Foundation for the Black Revolutionary War Patriots Memorial in Washington, D.C. Directs that coin sale surcharges be paid to the Black Revolutionary War Patriots Foundation to establish an endowment to support construction of the Memorial.
United States · United States Congress · 20 June 1995
TABLE OF CONTENTS: Title I: Responsibility for Acquisitions of Information Technology Subtitle A: General Authority Subtitle B: Director of the Office of Management and Budget Subtitle C: Chief Information Officer of the United States Subtitle D: Executive Agencies Subtitle E: Federal Information Council Subtitle F: Interagency Functional Groups Subtitle G: Congressional Oversight Subtitle H: Other Responsibilities Title II: Process for Acquisitions of Information Technology Subtitle A: Procedures Subtitle B: Acquisition Management Title III: Special Fiscal Support for Information Innovation Subtitle A: Information Technology Fund Subtitle B: Innovation Loan Account Subtitle C: Common Use Account Subtitle D: Other Fiscal Policies Title IV: Information Technology Acquisition Pilot Programs Subtitle A: Conduct of Pilot Programs Subtitle B: Specific Pilot Programs Title V: Other Information Resources Management Reforms Title VI: Actions Regarding Current Information Technology Programs Title VII: Procurement Protest Authority of the Comptroller General Title VIII: Related Terminations, Conforming Amendments, and Clerical Amendments Subtitle A: Related Terminations Subtitle B: Conforming Amendments Subtitle C: Clerical Amendments Title IX: Savings Provisions Title X: Effective Dates Information Technology Management Reform Act of 1995 - Title I: Responsibility For Acquisitions of Information Technology - Subtitle A: General Authority - Grants Federal agency heads direct authority to conduct acquisitions of information technology, subject to this Act and the authority, direction, and control of the Director of the Office of Management and Budget (OMB) and the Chief Information Officer (CIO) (a position created by this Act). Repeals the Brooks Automatic Data Processing Act. Subtitle B: Director of the Office of Management and Budget - Details specific responsibilities of the OMB Director over such activities with the goal of maximizing information resource productivity, efficiency, and effectiveness in serving agency missions. (Sec. 122) Includes among such responsibilities: (1) performing certain evaluations of Federal agency information resources management practices and the performance and results of agency information technology investments; (2) conducting certain reviews and surveys; and (3) and promulgating Federal information system standards and guidelines. Allows the Director to perform certain enforcement and other actions, such as contracting out of information resources management functions, to carry out this Act. Subtitle C: Chief Information Officer of the United States - Establishes in OMB an Office of the Chief Information Officer of the United States, headed by the Chief Information Officer (CIO) appointed by the President to advise the Director on information policy and perform certain duties, such as establishing an electronic data base on contractor performance. Subtitle D: Executive Agencies - Outlines specific responsibilities applicable to executive agency heads relating to: (1) information resources management plans for improving program productivity, efficiency, and effectiveness; (2) mission analysis for determining the most efficient and effective manner for carrying out the agency missions before making information technology investments; (3) program termination for cost overruns and performance failures; and (4) certain monitoring and reporting of program costs, performance, and modifications, while holding such officials accountable for failing to attain investment objectives. (Sec. 142) Authorizes such officials to acquire certain information technology and enter into certain contracts only with advance approval, as well as perform other specified acts, such as designating a chief information officer for the agency, in order to ensure that information technology is acquired and resources managed in a manner consistent with the goals of this Act. (Sec. 149) Sets forth special provisions for the Department of Defense and Central Intelligence Agency, with the heads of such agencies charged with the responsibilities of the Director for supervising implementation of the requirements of this Act, while designating their own chief information officers. Keeps overall responsibility for agency compliance with this Act with the Director. Subtitle E: Federal Information Council - Establishes the Federal Information Council (FIC), among other duties, to: (1) obtain from Federal, State, local, and private sources advice on information resources, information resources management, and information technology; (2) assist the CIO in developing and maintaining the Governmentwide strategic information resources management plan; and (3) coordinate Governmentwide and multiagency programs as well as the provision, planning, and acquisition of common infrastructure services. (Sec. 155) Directs the FIC to establish a Federal Software Review Council as a clearinghouse on software information for the Federal Government. Subtitle F: Interagency Functional Groups - Permits joint agency establishment of interagency groups to examine issues benefiting from a Governmentwide or multi-agency perspective, promote agency cooperation, and submit proposed solutions to common problems to FIC. Subtitle G: Congressional Oversight - Establishes the Joint Committee on Information with jurisdiction over matters previously under the Joint Committee on Printing and the Joint Committee on the Library (which are terminated). Grants the Joint Committee the responsibilities of: (1) reviewing information-related operations of the Federal Government, including the acquisition and management of information technology and other information resources; (2) performing certain studies and carrying out certain responsibilities, including those regarding the Library of Congress as provided by the Senate and the House of Representatives; and (3) recommending appropriate legislation. Subtitle H: Other Responsibilities - Amends the National Institute of Standards and Technology Act and the Computer Security Act of 1987 to make appropriate changes conforming to the changes made by this Act. Title II: Process For Acquisitions of Information Technology - Subtitle A: Procedures - Directs the Director to prescribe regulations, including appropriate performance and risk-benefit assessment requirements, for certain differentiated procedures for specified categories of information technology acquisitions. Requires a process that is simple, clear, and understandable for ensuring full and open competition using commercial items to meet agency technology needs. (Sec. 202) Requires executive agency heads to: (1) design and apply a specified process for maximizing the value and assessing benefits, managing risks, and providing for periodic review by senior managers with regard to information technology acquisitions; (2) consider OMB information on past offeror performance in awarding contracts for such acquisitions; and (3) submit to the Congress certain information on objectives and plans for conducting any agency information technology acquisition program in excess of $100 million and the funding requirements for each increment of that program. (Sec. 203) Requires the Congress, in authorizing appropriations for an information technology acquisition program increment, to provide a single authorization amount sufficient for carrying out the increment. (Sec. 204) Provides authority under respective civilian and armed services acquisition law for: (1) limiting the number of offerors from which contracting officers may solicit best and final offers; (2) making certain exceptions to cost or pricing data submission requirements for information technology commercial items; and (3) multiple awards using task or delivery order contracts and contracting for the acquisition of information technology using two-phase selection procedures under specified conditions. (Sec. 205) Requires unrestricted competitive procurement of commercial off-the-shelf items of information technology by or for an executive agency. (Sec. 209) Directs the Director to prescribe in regulations the language for appropriate types of contracts for rewarding or penalizing the contractor on the basis of contract performance. Subtitle B: Acquisition Management - Sets forth requirements applicable to the personnel for carrying out acquisitions, including requirements pertaining to training. (Sec. 222) Expresses the sense of the Congress that the appropriate officials, in performing their oversight responsibilities under this Act and relevant current law with regard to information technology acquisition programs, should emphasize reviews of operational justifications, program results, and technology performance measures rather than reviews of the acquisition process. Title III: Special Fiscal Support For Information Innovation - Subtitle A: Information Technology Fund - Establishes in the Treasury the Information Technology Fund with the Innovation Loan Account (ILA) and the Common Use Account (CUA). Subtitle B: Innovation Loan Account - Sets forth rules governing ILA availability for loans in support of information innovation. Authorizes appropriations. Subtitle C: Common Use Account - Sets forth rules governing CUA availability for support of multi-agency acquisitions of information technology. Authorizes appropriations. Subtitle D: Other Fiscal Policies - Prohibits expenditure of executive agency funds available for information technology for a proposed information technology acquisition until the agency head has: (1) certified it to be in support of the agency's mission-related and administrative processes; and (2) established performance measurements for determining improvements in agency performance. (Sec. 342) Expresses the sense of the Congress that executive agencies should achieve a certain decrease per year in costs for operating and maintaining information technology, and a certain increase per year in the efficiency of agency operations resulting from improvements in information resources management. (Sec. 343) Provides for General Accounting Office (GAO) and Inspector General reviews of agency acquisition plans. Title IV: Information Technology Acquisition Pilot Programs - Subtitle A: Conduct of Pilot Programs - Requires the CIO to conduct specified pilot programs in order to test alternative approaches for executive agency acquisition of information technology and other resources. Subtitle B: Specific Pilot Programs - Details such pilot programs, including one for testing the feasibility of solutions-based contracting and another for contracting for performance of acquisition functions. Includes special provisions for a civilian and military agency program for testing flexible acquisition procedures in major acquisitions programs. Title V: Other Information Resources Management Reforms - Amends the Office of Federal Procurement Policy Act to transfer the responsibility for the Federal Acquisition System Network (FACNET) to the Chief Information Officer. (Sec. 502) Requires such official to: (1) establish competing programs for development of system designs as part of FACNET for on-line purchasing of commercial items of information technology; and (2) report to the Congress on program results, along with the official's decision on an electronic marketplace for information technology. (Sec. 503) Provides for: (1) upgrades in computer equipment in agency field offices; (2) agency inventories of computer equipment and disposal of excess equipment; (3) GAO analysis of leasing information technology with appropriate guidelines for executive agencies on leasing; (4) continuation of contractor eligibility for information technology contract awards after providing design and engineering services; and (5) changes under the Federal Acquisition Streamlining Act of 1994 concerning performance incentives for information technology acquisition workforce of civilian and armed services agencies. Title VI: Actions Regarding Current Information Technology Programs - Requires agency chief information officers to: (1) ensure that certain performance measurements are prescribed for current significant information technology acquisition programs of the agency; and (2) provide for certain independent assessments of each current information technology acquisition program that exceeds $100 million. Title VII: Procurement Protest Authority of the Comptroller General - Revises the procurement protest process under current law. Title VIII: Related Terminations, Conforming Amendments, And Clerical Amendments - Subtitle A: Related Terminations - Makes several specified terminations related to the changes made under this Act. Subtitle B: Conforming Amendments - Makes various specified conforming amendments related to such changes. Subtitle C: Clerical Amendments - Makes various specified clerical amendments related to such changes. Title IX: Savings Provisions - Sets forth applicable savings provisions for certain acquisition-related regulations, instruments, rights and privileges, proceedings, and applications in effect or pending before this Act is effective. Title X: Effective Date - Specifies the effective date of this Act.
United States · United States Congress · 9 June 1995
Commends Captain Scott F. O'Grady for his heroic conduct after being shot down by Bosnian Serb forces. Commends the U.S. and NATO forces involved in Capt. O'Grady's rescue. Expresses the sense of the Senate that U.S. and NATO air crews should not be put at risk over Bosnia unless all necessary actions to address the threat posed by hostile Serbian air defenses are taken.
![Official portrait of Sen. Cohen, William S. [R-ME]](https://www.congress.gov/img/member/c000598_200.jpg)