United States · United States Congress · 7 September 1995
TABLE OF CONTENTS: Title I: Senate Election Spending Limits and Benefits Title II: Reduction of Special Interest Influence Subtitle A: Elimination of Political Action Committees From Federal Election Activities Subtitle B: Provisions Relating to Soft Money of Political Parties Subtitle C: Soft Money of Persons Other Than Political Parties Subtitle D: Contributions Subtitle E: Additional Contribution Limits Subtitle F: Independent Expenditures Title III: Miscellaneous Provisions Senate Campaign Finance Reform Act of 1995 - Title I: Senate Election Spending Limits and Benefits - Amends the Federal Election Campaign Act of 1971 (FECA) to set forth Senate election spending limits and benefits. Entitles complying candidates to specified: (1) broadcast discounts and free time; and (2) postage reductions. (Sec. 103) Amends the Communications Act of 1934 to: (1) provide for preemption only in situations beyond a station's control; and (2) extend the license revocation provision for failure to provide access to cable systems. Title II: Reduction of Special Interest Influence - Subtitle A: Elimination of Political Action Committees From Federal Election Activities - Amends FECA to prohibit Federal election activities by political action committees (as defined by this Act). States that if such ban is not in effect: (1) a committee's contributions to a candidate shall not exceed limits applicable to an individual; and (2) a candidate may not accept more than 20 percent of contributions from committee sources. Subtitle B: Provisions Relating to Soft Money of Political Parties - Amends FECA to set forth soft money contribution and reporting provisions. Subtitle C: Soft Money of Persons Other Than Political Parties - Amends FECA to set forth reporting requirements for persons other than political parties (with exceptions for candidate's authorized committees or independent expenditures) who disburse more than $2000 for political activities. Subtitle D: Contributions - Amends FECA to set forth conditions under which contributions to a candidate made by a person through an intermediary or conduit shall be treated as having come from the person or from the intermediary. Subtitle E: Additional Prohibitions on Contributions - Requires candidates to raise at least 60 percent of their contributions from in-State individuals in order to be in FECA compliance. Subtitle F: Independent Expenditures - Amends FECA to redefine "independent expenditure." Includes within the definition of "contribution" certain expenditures containing express advocacy made by a candidate or candidate's representative. Title III: Miscellaneous Provisions - Amends FECA to prohibit the personal use of campaign funds. (Sec. 302) Sets forth political advertising provisions for print and broadcast or cablecast communications. (Sec. 303) Authorizes the Federal Election Commission to: (1) prescribe regulations for computer and facsimile reporting; and (2) conduct random post-election audits to ensure voluntary FECA compliance. (Sec. 305) Prohibits franked mass mailings by a Member in his or her election year (unless such Member will not be a candidate for any Federal office). (Sec. 306) Grants the Commission injunctive relief authority. (Sec. 308) Provides for direct appeal to the United States Supreme Court from any judicial ruling on the constitutionality of any provision of this Act. (Sec. 309) Revises certain political committee reporting requirements.
United States · United States Congress · 11 August 1995
Davis-Bacon Act Reform Amendments of 1995 - Amends the Davis-Bacon Act (DBA) to provide for wage determinations based on the locality where the work is performed. (Sec. 2) Requires contractors and subcontractors covered by DBA to pay laborers and mechanics: (1) unconditionally; (2) at least weekly; and (3) without subsequent deduction or rebate. Applies DBA requirements to laborers and mechanics employed by the contractor or subcontractor to: (1) work directly upon the site of the work, including work at fabrication plants, batch plants, tool yards, or similar facilities not on the project site but dedicated exclusively, or nearly so, to project construction (except previously established facilities whose location and continuance in operation are determined wholly without regard to the contract work); or (2) transport materials, supplies, and equipment to or from the worksite. Increases the minimum threshold (currently $2,000) for DBA coverage of contracts for public buildings and works to: (1) $100,000 for new construction, complete rehabilitation, or reconstruction; and (2) $25,000 for repairs or alterations. Sets conditions for coverage of leased property. Provides for periodic adjustments of such thresholds. Prohibits splitting contracts. Sets forth wage requirements in cases of contract option provisions. Sets preemption conditions. Sets forth provisions relating to apprentices, trainees, and helpers. Sets forth requirements relating to wages. Revises DBA enforcement provisions, including: (1) administrative procedures, including the Secretary of Labor's authority with respect to payment of workers, debarment of contractors, and coordination of enforcement; (2) review procedures, including court review of coverage determinations; and (3) creation of an administrative petition procedure for workers for wages, benefits, and damages. (Sec. 3) Amends the Copeland Act to: (1) eliminate weekly payroll data submission for contracts of $100,000 or less; and (2) change such weekly requirement to a monthly one for contracts of more than $100,000, with provisions for waivers for contractors or subcontractors who have demonstrated compliance with DBA and other labor standards. Revises enforcement provisions to: (1) require contractors and subcontractors to maintain payroll and related records for three years after completion of contract work and make such records available upon request of the contracting officer or the Secretary; (2) grant the Secretary subpoena and debarment authority with respect to records; and (3) establish penalties for false records. (Sec. 4) Amends the Contract Work Hours and Safety Standards Act to provide that: (1) the Secretary, rather than the Comptroller General, shall initiate debarment action for violations; and (2) the General Services Administration (GSA) shall include the names of those debarred on a governmentwide list.
United States · United States Congress · 11 August 1995
Ohio & Erie Canal National Heritage Corridor Act of 1995 - Establishes the Ohio & Erie Canal National Heritage Corridor in Ohio. Authorizes the Secretary of the Interior to establish the Ohio & Erie Canal National Heritage Corridor Advisory Commission to assist Federal, State, and local authorities and the private sector in the preparation and implementation of an integrated Corridor Management Plan (Plan) for the conservation, funding, management, and development of the Corridor. Requires the Commission to submit a recommendation to the Secretary for designation of a management entity for the Corridor. Directs such entity to develop and submit the Plan to the Commission for review. Directs the Commission, after endorsing the plan, to submit it to the Secretary for approval. Requires the entity to: (1) consider the interests of diverse units of government, businesses, private property owners, and nonprofit groups in developing and implementing the Plan; (2) conduct public meetings at least quarterly regarding Plan implementation; and (3) submit annual reports to the Secretary. Directs the Commission to annually review the management entity's proposed expenditures of Federal funds for consistency with the purposes of this Act and the Plan. Sets forth provisions concerning the management entity's: (1) eligibility requirements of legal ability to receive and disburse Federal funds; (2) authorization to receive Federal funding to carry out this Act; (3) disqualification to receive such funds if the Plan is not submitted within the prescribed time; (4) authority to use the funds for purposes of preparing and implementing the Plan; (5) eligibility for financial assistance over three years for operating costs and six years for development costs; and (6) prohibition against using such funds to acquire real property. Continues the designation of the Corridor unless the Secretary: (1) determines that its use, condition, or development is incompatible with the purposes of this Act or that the management entity has not made reasonable and appropriate progress in preparing or implementing the Plan; and (2) notifies the Congress that the Corridor designation should be withdrawn. Authorizes the Secretary, on request of the management entity, to provide technical assistance to units of government, nonprofit organizations, and other persons regarding the Plan and its implementation. Prohibits the Secretary from requiring recipients of such assistance to enact or modify land use restrictions. Authorizes the Superintendent of the Cuyahoga Valley National Recreation Area, on request, to provide to public and private organizations within the Corridor such operational assistance as appropriate to support the implementation of the Plan. Provides that nothing in this Act: (1) modifies any authority of Federal, State, or local governments to regulate any use of land; (2) grants powers of zoning or land use control to the Commission or management entity; (3) affects or authorizes the Commission to interfere with the rights of persons with respect to private property or any local zoning ordinance or land use plan of Ohio or a political subdivision; or (4) diminishes Ohio's authority to manage fish and wildlife. Limits the Federal contribution to the management entity to not more than: (1) 50 percent of the total cost of the entity's annual operating costs attributed to preparation and implementation of the Plan; and (2) 30 percent of the total cost of the entity's annual development costs attributable to the implementation of such Plan. Authorizes appropriations.
United States · United States Congress · 8 August 1995
Accounting Standardization Act of 1995 - Directs the President, beginning with FY 1997, to require the heads of agencies to implement and maintain a uniform Federal accounting system established in accordance with this Act and other applicable law. Requires: (1) the Secretary of the Treasury, the Director of the Office of Management and Budget (OMB), and the Comptroller General to agree on proposed Federal accounting standards and interpretations recommended by the Federal Account Standards Advisory Board (FASAB), in accordance with the Memorandum of Understanding dated October 10, 1990, between the Department of the Treasury, OMB, and the General Accounting Office (GAO); and (2) the Comptroller General and the Director to publish such standards. Mandates that the Federal accounting system satisfy existing and future Federal accounting standards as recommended by the FASAB and approved by the Department of the Treasury, OMB, and GAO. Sets forth provisions regarding: (1) interim principles; (2) authority to modify or amend a standard; and (3) consistency of such system with the U.S. Government Standard General Ledger and with Federal management systems requirements. Authorizes: (1) the FASAB to recommend to the Secretary, Director, and Comptroller General the application of Federal accounting standards and Federal financial management systems requirements to specified corporations, agencies, or instrumentalities, or a federally chartered corporation or instrumentality (such entities); and (2) the Secretary, Director, and Comptroller General, upon FASAB recommendation, to require such entities to comply with all or part of such a standard or requirement. Requires each Federal agency to implement and maintain a uniform Federal accounting system in accordance with the requirements, and giving priority in funding and sufficient resources to implementation, of this Act. Permits each Federal agency to implement this Act by utilizing the assistance of private sector firms to develop basic systems, subject to the requirements specified in this Act. Sets forth provisions regarding: (1) audit compliance reporting; (2) penalties for violations; (3) enforcement; and (4) anti-deficiency violation penalties.
United States · United States Congress · 3 August 1995
Medicare Bone Mass Measurement Standardization Act of 1995 - Amends title XVIII (Medicare) of the Social Security Act to provide Medicare coverage of bone mass measurements.
United States · United States Congress · 2 August 1995
Amends Federal law to extend the period during which the Secretary of Health and Human Services is directed: (1) with regard to the unincorporated association affiliated with the Dayton Area Health Plan, Inc., that is known as the Health Plan Network, to waive a provision of title XIX (Medicaid) of the Social Security Act requiring that beneficiaries under title XVIII (Medicare) of the Social Security Act and under Medicaid constitute less than 75 percent of the membership of any entity that is enrolled on a prepaid basis; and (2) not to treat a limited number of individuals enrolled in the DAYMED Health Maintenance Plan, Inc., who are described in specified Medicaid provisions, as individuals enrolled with the Plan on a prepaid basis.
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 · 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
Women's Choice and Reproductive Health Protection Act of 1995 - Expresses the sense of the Congress that: (1) current provisions of law requiring funding for abortion services in cases of life endangerment, and for victims of rape or incest, to women eligible for medical assistance through the Medicaid program are essential to their health; (2) Federal resources are necessary to ensure that women have safe access to reproductive health facilities and that health professionals can deliver services in a secure environment free from threats of force; (3) it is necessary and appropriate to use Federal resources to combat the nationwide campaign of violence and harassment against reproductive health centers; (4) the program of grants under title XV of the Public Health Service Act (PHSA) should receive a level of funding that is adequate for all States to receive grants under such title; (5) the program of research centers under the PHSA should receive a level of funding that is adequate for a reasonable number of individuals to conduct research under the program; and (6) the program of loan-repayment contracts under the PHSA should receive a level of funding that is adequate for a reasonable number of individuals to conduct research under the program. Amends the PHSA to authorize appropriations for FY 1996 through 2000 for population research and family planning programs. Amends the Civil Rights Act of 1964 to prohibit any government authority from limiting the right of any individual to provide or receive nonfraudulent information about the availability of reproductive health care services, including family planning, prenatal care, adoption, and abortion services. Directs the Secretary of Health and Human Services to: (1) assure that the Food and Drug Administration evaluates the drug Mifepristone or RU 486; and (2) assess initiatives by which the Department of Health and Human Services can promote the testing, licensing, and manufacturing of the drug Mifepristone or other antiprogestins in the United States. Prohibits Federal law from being construed to prohibit health insurance providers from offering coverage for any reproductive health care services, including abortion services. Amends Federal law to provide that the performance of an abortion in a facility of the uniformed services located outside the 48 contiguous States of the United States is not prohibited provided specific requirements are met.
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 · 15 June 1995
Employment Nondiscrimination Act of 1995 - Prohibits employment discrimination on the basis of sexual orientation by covered entities, including an employing authority to which specified provisions of the Government Employee Rights Act of 1991 or the Congressional Accountability Act of 1995 apply. Declares that: (1) this Act does not apply to the provision of employee benefits for the benefit of an employee's partner; and (2) a disparate impact does not establish a prima facie violation of this Act. Prohibits quotas and preferential treatment. Declares that this Act does not apply to: (1) religious organizations (except in their for-profit activities); (2) the armed forces; or (3) laws creating special rights or preferences for veterans. Provides for enforcement. Disallows State immunity. Makes the United States liable for all remedies (except punitive damages) to the same extent as a private person. Allows recovery of attorney's fees. Prohibits retaliation and coercion. Requires posting notices for employees and applicants.
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.
United States · United States Congress · 8 June 1995
Makes certain technical corrections to title XIX (Medicaid) of the Social Security Act, allowing, among other changes, for physician reimbursement for certified osteopathic physician services provided to children and pregnant women enrolled in Medicaid. Makes this Act effective as if included in the Omnibus Budget Reconciliation Act of 1990.
United States · United States Congress · 11 May 1995
TABLE OF CONTENTS: Title I: Departments Title: : Independent Agencies Title III: Reports By All Departments and Agencies Title IV: Effective date Federal Report Elimination and Sunset Act of 1995 - Title I: Departments - Amends numerous specified Federal Acts to eliminate or modify certain reporting requirements of cabinet-level Departments. Title II: Independent Agencies - Amends numerous specified Federal Acts to eliminate or modify certain reporting requirements of specified independent Federal agencies. Title III: Reports by All Departments and Agencies - Amends various specified Federal law to eliminate or modify certain reporting requirements of specified Federal departments and agencies. Terminates certain annual, semiannual, and other periodic reporting requirements, specifically exempting any reporting requirements under the Inspector General Act of 1978 or the Chief Financial Officers Act of 1990. Requires the President to include in the first annual budget submitted to the Congress after the enactment of this Act a list of reports that the President has determined are unnecessary or wasteful along with the reasons for such determination. Title IV: Effective Date - Sets forth the effective date of this Act.
United States · United States Congress · 8 May 1995
Indian Child Welfare Improvement Act of 1995 - Amends the Indian Child Welfare Act of 1978 to require that determinations of status as: (1) an Indian child be prospective from date of birth; and (2) a member of an Indian tribe be prospective from tribal membership (with written consent for membership status attained after the age of 19). States that for the purposes of any child custody proceeding involving an Indian child, retroactive effect of tribal membership shall not be permitted.
United States · United States Congress · 26 April 1995
Reaffirms that: (1) the status quo on Cyprus is unacceptable; and (2) all foreign troops should be withdrawn. Welcomes the appointment of a Special Presidential Emissary for Cyprus. Expresses continued support for efforts by the United Nations (UN) Secretary General and the U.S. Government to resolve the Cyprus problem. Insists that all parties to the dispute agree to seek a solution based upon relevant UN resolutions. Supports demilitarization of Cyprus. Encourages the UN Security Council and the U.S. Government to consider alternative approaches to promote a resolution of the dispute based upon relevant Security Council resolutions.
United States · United States Congress · 6 April 1995
Morris K. Udall Parkinson's Research, Assistance, and Education Act of 1995 - Amends the Public Health Service Act to mandate a program for the conduct and support of research and training, the dissemination of health information, and other programs regarding Parkinson's disease. Establishes the Interagency Coordinating Committee on Parkinson's Disease. Requires Core Center Grants to encourage the development of innovative multidisciplinary research and provide training concerning Parkinson's, designating each grant recipient as a Morris K. Udall Center for Research on Parkinson's Disease. Authorizes establishment of the National Parkinson's Disease Data System to collect, store, analyze, retrieve, and disseminate data. Establishes: (1) the National Parkinson's Disease Information Clearinghouse; (2) a grant program to support scientists who have distinguished themselves in Parkinson's research; and (3) a national education program to foster a national focus on Parkinson's and the care of those with Parkinson's. Authorizes appropriations.
United States · United States Congress · 5 April 1995
Directs the Administrator of General Services to establish a program through the use of the Federal acquisition computer network (FACNET) architecture to provide Government-wide, on-line computer access to information on products and services that are available for ordering through multiple award schedules. Requires the inclusion of certain competitive bidding requirements in the multiple award schedule program. Requires the Administrator to establish a four-year pilot program to test streamlined procedures for the procurement of products and services (including automatic data processing equipment) available for ordering through the multiple award schedules. Requires the Comptroller General to review the pilot program and report the results to specified congressional committees.
United States · United States Congress · 4 April 1995
TABLE OF CONTENTS: Title I: Contract Formation Subtitle A: Competition Statutes Subtitle B: Truth in Negotiations Subtitle C: Procurement Protests Subtitle D: Policy, Definitions, and Other Matters Title II: Contract Administration Subtitle A: Contract Payment Subtitle B: Cost Principles Subtitle C: Claims and Disputes Subtitle D: Miscellaneous Title III: Commercial Items Title IV: Simplified Acquisition Threshold Subtitle A: Threshold Defined Subtitle B: Inapplicability of Laws to Acquisitions At or Below the Simplified Acquisition Threshold Subtitle C: Simplified Procedures Subtitle D: Micro-Purchase Procedures Title V: Acquisition Management Subtitle A: Pilot Programs Subtitle B: Miscellaneous Title VI: Other Procurement-Related Matters Subtitle A: Standards of Conduct/Ethics Subtitle B: Additional Amendments Subtitle C: Intellectual Property Title VII: Small Business and Socioeconomic Laws Subtitle A: Small Business Laws Subtitle B: Socioeconomic Laws Title VIII: Defense International Trade Federal Acquisition Improvement Act of 1995 - Title I: Contract Formation - Subtitle A: Competition Statutes - Part I: Armed Services Acquisitions - Subpart A: Competition Requirements - Amends Federal armed services law to revise competition and other contract requirements to provide for delegation of certain authority. (Sec. 1002) Modifies approval levels for contracts. (Sec. 1003) Defines advisory and assistance services. Subpart B: Planning, Solicitation, Evaluation, and Award - Provides that nothing under any Federal law shall be construed to prohibit an agency from adding, deleting, or tailoring evaluation factors or specifications at any time up until the issuance of a request for final offers, when purchasing commercial items. (Sec. 1012) Authorizes contracting officers to limit the competitive range if they make specified determinations. (Sec. 1013) Provides for pre-award debriefings of excluded offerors. (Sec. 1014) Establishes two-phase selection procedures. Subpart C: Kinds of Contracts - Repeals certain fee limitations, as well as specified provisions relating to architectural and engineering services and employment of outside architects and engineers. Revises provisions applicable to contracts for architectural and engineering services and construction design. Part II: Civilian Agency Acquisitions - Subpart A: Competition Requirements - Amends the Federal Property and Administrative Services Act of 1949 (FPASA) to revise competition and other contract requirements to provide for delegation of certain authority. (Sec. 1052) Modifies approval levels for contracts. (Sec. 1053) Defines advisory and assistance services. (Sec. 1054) Allows justification for use of noncompetitive procedures in order to provide for continued occupancy of leased space. Subpart B: Planning, Solicitation, Evaluation, and Award - Provides that nothing under any Federal law shall be construed to prohibit an agency from adding, deleting, or tailoring evaluation factors or specifications at any time up until the issuance of a request for final offers, when purchasing commercial items. (Sec. 1062) Authorizes contracting officers to limit the competitive range if they make specified determinations. (Sec. 1063) Provides for pre-award debriefings of excluded offerors. (Sec. 1064) Establishes two-phase selection procedures. Subpart C: Kinds of Contracts - Repeals certain fee limitations. Part III: Acquisitions Generally - Repeals a Small Business Act provision for duplicative approval authority. Repeals provisions under the Office of Federal Procurement Policy Act for an annual competitive report, a review of regulations for consistency with Federal acquisition regulation, and a biannual report on procurement regulatory activity. Subtitle B: Truth in Negotiations - Part I: Armed Services Acquisitions - Amends Federal armed services law relating to truth in negotiations for armed services acquisitions to revise certain required regulations. Part II: Civilian Agency Acquisitions - Amends FPASA provisions relating to truth in negotiations for civilian agency acquisitions to revise certain required regulations. Revises provisions relating to the status of certain Federal employees' health benefits contracts. Subtitle C: Procurement Protests - Part I: Protests to the Comptroller General - Amends Federal law relating to money and finance to revise requirements that the Comptroller General rule on dispositive motions with respect to protests. (Sec. 1202) Adds provisions relating to frivolous protests. (Sec. 1203) Revises requirements relating to decisions on protests. (Sec. 1204) Prohibits certain awards of costs unless the party has provided the agency a reasonable opportunity to provide relief pursuant to an established administrative procedure for resolution of protests that provides for review by a senior agency official and tolls protest stay periods during pendency of agency review. (Sec. 1205) Provides for availability of funds following resolution of a formal protest or any administrative or judicial challenge. Part II: Protests in the Federal Courts - Amends Federal law relating to the judiciary and judicial procedure to give the U.S. Court of Federal Claims exclusive judicial jurisdiction of federal contract bid protests. Amends Federal law relating to money and finance to declare that specified provisions do not give the Comptroller General exclusive jurisdiction over protests nor affect the right of any interested party to file a protest with the contracting agency or an action in the U.S. Court of Federal Claims. Part III: Protests in Procurement of Automatic Data Processing - Amends FPASA to revise requirements relating to decisions on protests, and to add provisions relating to interlocutory appeals, suspension of procurement pending protest, dispositive motions, and frivolous protests. (Sec. 1436) Prohibits certain awards of costs unless the party has provided the agency a reasonable opportunity to provide relief pursuant to an established administrative procedure for resolution of protests that provides for review by a senior agency official, and tolls protest stay periods during pendency of agency review. Part IV: General - Amends the Office of Federal Procurement Policy Act (OFPPA) to add provisions regarding: (1) protests of procurements made through the Federal acquisition computer network under the simplified acquisition threshold; and (2) offeror statements to refrain from protesting procurements. (Sec. 1443) Expresses the sense of the Congress that executive agencies should consider the establishment of their own administrative remedial procedures for the resolution of protests, and that protest stay periods should be tolled during the pendency of such procedures. Subtitle D: Policy, Definitions, and Other Matters - Amends FPASA to: (1) repeal a multi-year limitation on inspection, maintenance, and repair; (2) authorize the Administrator of the General Services Administration to accept and pay for public utility services under a tariff at the lowest applicable rates, without entering into a contract; and (3) make specified funds available for procurement by contract for services of guards, elevator operators, messengers, and custodians without limitation. Title II: Contract Administration - Subtitle A: Contract Payment - Part I: Armed Services Acquisitions - Amends Federal armed services law to add provisions for vestiture of title with respect to acquisitions. Part II: Civilian Agency Acquisitions - Amends FPASA to add provisions for vestiture of title with respect to acquisitions. Subtitle B: Cost Principles - Part I: Civilian Agency Acquisitions - Amends FPASA to make certain contracts for health benefits for Federal employees covered contracts for purposes of applicability of allowable cost principles. Part II: Acquisitions Generally - Directs the Federal Acquisition Registry to identify those costs incurred with respect to a protest that are unallowable under covered contracts. Subtitle C: Claims and Disputes - Amends Federal law relating to the judiciary and judicial procedures to divest Federal district courts of jurisdiction for Federal contract disputes subject to the Contract Disputes Act of 1978. (Sec. 2252) Amends the Contract Disputes Act of 1978 to reduce from 12 months to 90 days the period for a contractor's filing for an action directly on the claim in the U.S. Court of Federal Claims (in lieu of appealing the contracting officer's decision to an agency board). Subtitle D: Miscellaneous - Amends Federal law relating to money and finance to eliminate specified provisions relating to accounting for advisory and assistance services. Waives cancellation of funding for: (1) satellite on-orbit incentive fees; and (2) Navy and other Government shipbuilding and conversion. Title III: Commercial Items - Amends OFPPA to revise a definition of commercial items. Title IV: Simplified Acquisition Threshold - Subtitle A: Threshold Defined - Amends OFPPA to define simplified acquisition threshold as: (1) $100,000; or (2) $1 million for the acquisition of services, including construction, when the procurement is conducted as a small business set-aside and if supply items are expected to constitute less than 20 percent of the total value of the contract. Subtitle B: Inapplicability of Laws to Acquisitions At or Below the Simplified Acquisition Threshold - Repeals a provision of the Federal Acquisition Streamlining Act of 1994 relating to inapplicability of certain laws (the Miller Act) to acquisitions at or below the simplified acquisition threshold. Subtitle C: Simplified Procedures - Amends OFPPA to: (1) repeal provisions for duplicative authority for simplified acquisition purchases; (2) conform procurement notice posting thresholds; and (3) provide exemptions from a wait period when using a detailed synopsis and from synopsizing requirements. (Sec. 4205) Repeals a duplicative procurement notice provision under the Small Business Act. Subtitle D: Micro-Purchase Procedures - Amends OFPPA to authorize purchases not greater than $2,500 without obtaining competitive quotations if the purchase price is considered reasonable (removing a requirement for contracting officer determination of this). Title V: Acquisition Management - Subtitle A: Pilot Programs - Amends OFPPA to replace provisions for tests of innovative procurement methods and procedures with provisions for acquisition research demonstration projects in the form of agency test programs to determine whether a specified change in acquisition policies or procedures would result in improved Federal acquisition management. Subtitle B: Miscellaneous - Amends the Department of Energy Organization Act to revise certain administrative procedures. Title VI: Other Procurement-Related Matters - Subtitle A: Standards of Conduct/Ethics - Amends OFPPA to repeal specified provisions relating to procurement integrity. Adds provisions relating to penalties and administrative actions for cases of disclosing and obtaining contractor bid or proposal information or source selection information. Subtitle B: Additional Amendments - Amends Federal armed services law with respect to the inapplicability of a prohibition on gratuities. Subtitle C: Intellectual Property - Amends the Stevenson-Wydler Technology Innovation Act of 1980 to revise provisions for cooperative research and development agreements. Adds provisions for Federal agencies to negotiate licensing agreements for copyrights owned by, or voluntarily assigned to, the Government. (Sec. 6101) Adds provisions for Federal agency claims of copyright of certain computer programs. Revises provisions for distribution of royalties received by Federal agencies. (Sec. 6102) Revises employee activities provisions to authorize Federal agencies to allow Government employee authors of computer programs to acquire title to copyright, subject to certain conditions. (Sec. 6103) Amends Federal copyright law to provide an exception to the prohibition on copyright protection for works of the Federal Government. (Sec. 6104) Amends Federal patent law to revise provisions relating to patent rights in inventions made with Federal assistance. Title VII: Small Business and Socioeconomic Laws - Subtitle A: Small Business Laws - Amends the Small Business Act to add provisions relating to direct contracting with certain program participant companies and to small business subcontracting plans, and to revise a reporting requirement on the number of small business subcontract awards. (Sec. 7004) Repeals: (1) the Small Business Competitiveness Demonstration Program Act of 1988; (2) a program for manufacturing contracts through manufacturing application and education centers; and (3) a pilot program for very small business concerns. Subtitle B: Socioeconomic Laws - Repeals the Walsh-Healey Act (relating to public contracts). (Sec. 7102) Amends the Resource Conservation and Recovery Act to: (1) revise provisions relating to biennial reports on Federal procurement; and (2) remove certain provisions relating to requirements for certification and verification. Title VIII: Defense International Trade - Amends Federal law relating to arms export control and foreign military sales authorizations with respect to U.S. companies' competitiveness and the reduction or waiver of certain charges.
United States · United States Congress · 4 April 1995
Taxpayer Browsing Protection Act - Amends the Internal Revenue Code to impose criminal penalties upon any current or former U.S. officer or employee and specified other persons involved in the processing or examination of tax returns or return information for willfully inspecting such returns or information except as authorized. Requires, in the case of a Federal officer or employee who is convicted of violating this prohibition, the officer's or employee's dismissal from office or discharge from employment, respectively.
United States · United States Congress · 28 March 1995
Ryan White CARE Reauthorization Act of 1995 - Amends title XXVI (HIV Health Care Services Program) of the Public Health Service Act regarding emergency relief for areas with a substantial need for services. Changes requirements for grants to metropolitan areas having large numbers of cases of acquired immune deficiency syndrome (AIDS). Modifies the composition, chairperson requirements, and duties of local human immunodeficiency virus (HIV) health services planning councils. Revises requirements for supplemental grants. Alters the method for determining the amount of each grant, the mandated uses of the grants, and application requirements. Allows a single application for initial and supplemental grants and authorizes both to be made as a single grant. Mandates (currently, allows) technical assistance. Authorizes planning grants. Amends provisions relating to the care grant program to change the uses of HIV care consortia grants and consortium application requirements. Mandates establishment of a recommended minimum formulary of pharmaceutical drug therapies approved by the Food and Drug Administration. Revises: (1) State duties in using grant funds to provide treatments; (2) State application requirements; and (3) planning, evaluation, and administration requirements. Mandates (currently, allows) technical assistance. Mandates grievance procedures to address allegations of egregious violations of title XXVI. Requires coordination of the planning and implementation of Federal HIV programs by the Health Resources and Services Administration, the Centers for Disease Control and Prevention, and the Substance Abuse and Mental Health Services Administration. Amends early intervention services provisions to: (1) require grant recipients to provide a continuum of primary care; and (2) modify other requirements regarding uses of grant funds. Authorizes planning grants to entities that are not direct primary care providers to enable them to provide HIV primary care services. Authorizes appropriations for early intervention grants. Replaces provisions mandating demonstration grants for research and services for pediatric AIDS patients with provisions mandating grants for primary care for out-patient care and support services to children, youth, women with HIV disease, and the families of those individuals and for facilitating the participation of such individuals in research. Requires procedures for the protection of human subjects. Prohibits conditioning services on research participation. Authorizes appropriations. Reserves a specified portion of the amounts appropriated under other parts of title XXVI to administer a special projects of national significance program to award direct grants for special programs for the care and treatment of individuals with HIV disease. Repeals current provisions relating to special projects of national significance. Replaces provisions of the Public Health Service Act authorizing grants and contracts to train the faculty of specified types of health professions schools regarding providing for the health care needs of individuals with HIV disease with provisions authorizing grants and contracts to train health personnel, including community providers, in the diagnosis, treatment, and prevention of HIV infection and disease. Authorizes appropriations. (Sec. 4) Amends title XXVI provisions relating to emergency relief for areas with a substantial need for services to modify the formula for determining the amount of grants. (Sec. 5) Amends provisions relating to the care grant program to change the formula regarding minimum grant allotments. (Sec. 6) Authorizes appropriations to make grants under title XXVI provisions relating to: (1) emergency relief for areas with a substantial need for services; and (2) the care grant program. Mandates development and implementation of a methodology for adjusting the percentages allocated to those parts. Repeals existing authorizations of appropriations for those parts.
United States · United States Congress · 10 March 1995
Great Lakes Federal Effectiveness Act - Amends the Federal Water Pollution Control Act to replace provisions regarding the Great Lakes Research Office of the National Oceanic and Atmospheric Administration with those establishing an interagency Great Lakes Research Council. Directs the Council to: (1) promote the coordination of Federal Great Lakes research activities to avoid duplication and ensure effectiveness in achieving protection of the Great Lakes ecosystem through the Great Lakes Water Quality Agreement; (2) prepare a document that assesses research activities and Federal expertise in such activities needed to fulfill Agreement goals; (3) identify topics for and participate in workshops and conferences on Great Lakes research issues; (4) make recommendations for the uniform collection of data for enhancing research and management protocols relating to the Great Lakes ecosystem; (5) advise in improving the integration of multimedia data concerning the ecosystem and in efforts to establish a multimedia data base for the ecosystem; and (6) ensure that findings and information regarding such research are disseminated in a timely manner.
United States · United States Congress · 10 March 1995
Assessment and Remediation of Contaminated Sediments Reauthorization Act - Amends the Federal Water Pollution Control Act to direct the Administrator of the Environmental Protection Agency, acting through the Great Lakes National Program Office, to conduct at least three demonstration projects involving promising technologies and practices to remedy contaminated sediments at sites in the Great Lakes system. Gives priority for demonstration projects to: (1) the Ashtabula River in Ohio; (2) the Buffalo River in New York; (3) Duluth and Superior Harbor in Minnesota; (4) the Fox River in Wisconsin; (5) the Grand Calumet River in Indiana; and (6) Saginaw Bay in Michigan. Permits the Administrator to conduct additional projects at other sites in the Great Lakes System. Authorizes appropriations. Permits the Administrator to provide technical information and assistance involving the remediation of contaminated sediments upon request. Authorizes appropriations. Extends the authorization of appropriations for the Great Lakes water quality program through 2001.
United States · United States Congress · 8 March 1995
Expresses the sense of the Senate that: (1) obstetrician-gynecologists should be included as primary care providers for women in Federal laws relating to the provision of health care; and (2) legislative proposals that define primary care should include primary care services performed by obstetrician-gynecologists in such definition.
United States · United States Congress · 2 March 1995
Medicare Diabetes Outpatient Self-Management Training Act of 1995 - Amends title XVIII (Medicare) of the Social Security Act to provide for Medicare coverage of diabetes outpatient self-management training services.
United States · United States Congress · 23 February 1995
Directs the Federal Energy Regulatory Commission, upon the request of a specified licensee, to extend for a maximum of three consecutive two-year periods the time required for commencement of construction of a certain hydroelectric project in the State of Ohio.
United States · United States Congress · 14 February 1995
Working Wage Increase Act of 1995 - Amends the Fair Labor Standards Act of 1938 to increase the minimum wage per hour to: (1) $4.70 during the year beginning July 4, 1995; and (2) $5.15 after July 3, 1996.
United States · United States Congress · 10 February 1995
Amends the Dayton Aviation Heritage Preservation Act of 1992 to require the Secretary of the Interior to consider recommendations submitted for members on the Dayton Aviation Heritage Commission before making appointments to such Commission. (Current law requires the Secretary to make appointments from recommendations submitted by specified officials or entities.)
United States · United States Congress · 3 February 1995
Low-Income Housing Preservation Act of 1995 - Amends the Internal Revenue Code to provide a 15-year recovery period for the depreciation deduction for new investments to rehabilitate qualified low-income housing projects. Exempts $50,000 ($25,000 in the case of a separate return by a married individual) of such rehabilitation costs from the passive loss limitations. Provides a special rule for computing the depreciation deduction for such housing projects.
United States · United States Congress · 31 January 1995
Commercial Aviation Fuel Tax Repeal Act - Amends the Internal Revenue Code to repeal the increase in tax on fuel used in commercial aviation scheduled to take effect after September 30, 1995.
United States · United States Congress · 26 January 1995
Constitutional Amendment - Declares that equality of rights under the law shall not be denied or abridged by the United States or any State on account of sex.
United States · United States Congress · 23 January 1995
TABLE OF CONTENTS: Title I: Taxpayer Advocate Title II: Modifications to Installment Agreement Provisions Title III: Interest Title IV: Joint Returns Title V: Collection Activities Title VI: Information Returns Title VII: Modifications to Penalty for Failure to Collect and Pay Over Tax Title VIII: Awarding of Costs and Certain Fees Title IX: Other Provisions Title X: Form Modifications; Studies Subtitle A: Form Modifications Subtitle B: Studies Taxpayer Bill of Rights 2 - Title I: Taxpayer Advocate - Amends the Internal Revenue Code to establish in the Internal Revenue Service (IRS) the Office of Taxpayer Advocate, headed by the Taxpayer Advocate, to: (1) assist taxpayers in resolving problems with the IRS; (2) identify areas in which taxpayers have problems in dealings with the IRS; (3) propose changes in the administrative practices of the IRS to mitigate such problems; and (4) identify potential legislative changes which may be appropriate to mitigate such problems. Requires the Commissioner of Internal Revenue to establish procedures requiring a formal response to all recommendations submitted to the Commissioner by the Taxpayer Advocate. Replaces the Office of the Ombudsman with the Office of the Taxpayer Advocate. (Sec. 102) Revises the terms of a Taxpayer Assistance Order to: (1) allow the Order to require the Secretary of the Treasury to act within a specified time period; and (2) require the Secretary to take certain actions (currently, only to cease or refrain from taking certain actions). Title II: Modifications to Installment Agreement Provisions - Grants certain taxpayers the right to an installment agreement for the payment of tax liability less than $10,000. (Sec. 202) Suspends any penalties during the period the installment agreement is in effect. (Sec. 203) Requires prior notification to taxpayers under an installment agreement to pay tax liability before altering, modifying, or terminating such an agreement. (Sec. 204) Provides for administrative review of denials of requests for, or termination of, installment agreements. Title III: Interest - Authorizes the abatement of interest in the case of an assessment due to the unreasonable error or delay of an IRS act. (Sec. 302) Extends from ten to 21 days the period for which interest will not be imposed after notice and demand for payment, if such payment is less than $100,000. Title IV: Joint Returns - Allows the disclosure of collection activities to an individual requesting such information in the case of a joint return where such individual is no longer married to or resides in the same household as the other joint filer. (Sec. 402) Removes limitations on filing a joint return after filing separate returns. Title V: Collection Activities - Authorizes the Secretary, in certain cases, to: (1) withdraw a notice of a lien; (2) return property that has been levied upon; and (3) offer compromises in civil or criminal cases. Requires the Secretary to provide a copy of such notice of withdrawal to the taxpayer and, at the request of the taxpayer, to make reasonable efforts to notify credit reporting agencies and financial institutions of such withdrawal notice. (Sec. 503) Requires prior notification to the taxpayer that the taxpayer is under examination and an explanation of the process, with exceptions. (Sec. 504) Increases the dollar limit on the recovery of civil damages for unauthorized collection actions. (Sec. 505) Revises provisions with respect to a designated summons concerning the standard of review and notice requirements for issuance. Title VI: Information Returns - Requires payee statements to provide the phone number of the person providing payment. (Sec. 602) Establishes civil damages for the fraudulent filing of information returns. (Sec. 603) Requires the Secretary, in any court proceeding where a taxpayer asserts a reasonable dispute with respect to income reported on an information return filed by a third party and the taxpayer has fully cooperated with the Secretary, to present reasonable and probative information concerning such deficiency in addition to such return. Title VII: Modifications to Penalty for Failure to Collect and Pay Over Tax - Establishes preliminary notice requirements for failure to pay tax. (Sec. 702) Directs the Secretary to: (1) disclose certain information where more than one person is liable for a penalty; and (2) ensure that IRS employees are aware of their responsibilities under the tax depository system, the circumstances under which they may be liable for penalties, and reporting responsibilities. (Sec. 703) Exempts unpaid, volunteer board members of tax-exempt organizations who do not have actual knowledge of the failure on which such penalties are imposed from collection penalties. Title VIII: Awarding of Costs and Certain Fees - Authorizes a taxpayer who substantially prevails on a claim to file a motion for an order requiring the disclosure of all information and copies of relevant records in the possession of the IRS regarding such taxpayer's case and the substantial justification for the position taken by the IRS. (Sec. 802) Increases the limit on attorney fees. (Sec. 803) Provides that any failure to agree to an extension of time for the assessment of any tax shall not be taken into account in determining whether a prevailing party has exhausted all administrative remedies. Title IX: Other Provisions - Revises provisions on the required content of tax due, deficiency, and other notices. (Sec. 902) Sets forth provisions regarding: (1) treatment of substitute returns under section 6651 (relating to failure to file a tax return or to pay tax); (2) prospective application of Treasury Department regulations; and (3) required notice to the taxpayer of payments that the Secretary cannot associate with any outstanding tax liability of such taxpayer. (Sec. 905) Authorizes a taxpayer to bring a civil damage suit against the United States if any U.S. officer or employee intentionally compromises the determination or collection of any tax due from an attorney, certified public accountant (CPA), or enrolled agent representing a taxpayer in exchange for information conveyed by the taxpayer for purposes of obtaining advice concerning tax liability, except where conveyed for the purpose of perpetrating a fraud or crime. Title X: Form Modifications; Studies - Subtitle A: Form Modifications - Directs the Secretary to: (1) take steps to ensure that taxpayers are aware of provisions of the Internal Revenue Code permitting payment of tax in installments, extensions, and compromises of tax liability; (2) provide improved procedures for taxpayers to notify the Secretary of changes in names and addresses; and (3) include in the IRS publication entitled "Your Rights As a Taxpayer" a section on the rights and responsibilities of divorced individuals. Subtitle B: Studies - Directs the Secretary to: (1) establish a one-year pilot program for appeals of enforcement actions to the Appeals Division of the IRS; (2) study ways to assist the elderly, physically impaired, foreign-language speaking, and other taxpayers with special needs to comply with the internal revenue laws; and (3) report to the tax-writing committees on the IRS's taxpayer-rights education program and on all cases involving complaints about misconduct of IRS employees. (Sec. 1015) Requires the Comptroller General to conduct: (1) a study on IRS efforts to notify taxpayers of tax deficiencies; and (2) annual studies of the accuracy of 25 of the most commonly used IRS forms, notices, and publications.
United States · United States Congress · 19 January 1995
Paperwork Reduction Act of 1995 - Amends the Paperwork Reduction Act of 1980 to: (1) extend its purview to educational and nonprofit institutions, Federal contractors, and tribal governments; (2) revise the authority and functions of the Office of Information and Regulatory Affairs (OIRA) in the Office of Management and Budget (OMB), specifying information dissemination and related agency oversight responsibilities; and (3) require OMB to conduct pilot projects to test alternative policies and procedures, and to develop a government wide strategic information resources management plan. Requires the OIRA Director to establish an Interagency Council on Statistical Policy. Requires each Federal agency to: (1) establish a process, independent of program responsibility, to evaluate proposed collections of information; (2) establish a permanent information resources management steering committee; and (3) ensure that the public has timely and equitable access to information products and services. Prohibits agencies, except where specifically authorized by statute, from: (1) establishing exclusive, restricted, or other distribution arrangements that interfere with timely and equitable public availability; (2) restricting or regulating the use, resale, or redissemination of public information by the public; (3) charging fees or royalties for resale or redissemination of public information; or (4) establishing user fees that exceed the cost of dissemination. Specifies actions agencies must take with respect to information technology. Replaces the Federal Information Locator System with an agency-based electronic Government Information Locator Service to identify the major information systems, holdings, and dissemination products of each agency. Reauthorizes appropriations for OIRA.
United States · United States Congress · 19 January 1995
TABLE OF CONTENTS: Title I: All-Payer 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: Payments For State Health Care Fraud Control Units Health Care Fraud Prevention Act of 1995 - Title I: All-Payer Fraud and Abuse Control Program - Directs the Secretary of Health and Human Services to establish: (1) an all-payer fraud and abuse control program; and (2) standards, including information standards and disclosure standards, to carry out such program. Authorizes appropriations. Establishes, to carry out such program, the Health Care Fraud and Abuse Account (the Account), which shall consist of gifts, bequests, deposits, and transfers under certain health care offenses provisions of specified Acts. (Sec. 102) Provides for the application to any health plan of specified health anti-fraud and abuse provisions of part A (General Provisions) of title XI of the Social Security Act. (Sec. 103) Directs the Secretary to annually solicit proposals for modification of, and modify, existing safe harbor rules. Permits any individual, at any time, to request a notice from the Inspector General (IG) which informs the public of practices which the IG considers to be suspect or of particular concern. (Sec. 104) Directs the Secretary to establish a program through which individuals entitled to Medicare benefits may confidentially report instances of suspected fraud. 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: (1) provide for the mandatory exclusion of individuals with a felony fraud conviction from participation in Medicare and State health care programs; (2) establish a minimum period of exclusion for certain individuals and entities subject to permissive exclusion from Medicare and State health care programs; (3) provide for the permissive exclusion of individuals with ownership or control interest in sanctioned activities; (4) provide for 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 provisions: (1) relating to mail fraud, to impose a fine or imprisonment for up to ten years or both in the case of health care fraud; (2) to provide for the forfeiture of property in certain Federal health care offenses; (3) provide for injunctive relief as specified; (4) provides for fines or imprisonment or both in connection with Federal health care offenses; (5) establish a voluntary disclosure program in connection with Federal health care offenses; and (6) provide 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: Payments for State Health Care Fraud Control Units - Directs the Governor of each State to establish and maintain a State agency to act as a State Health Care Fraud and Abuse Control Unit. Provides for specified Federal payments to the States for such agencies.
United States · United States Congress · 4 January 1995
TABLE OF CONTENTS: Title I: Lobbying Disclosure Title II: Congressional Gift Rules Title I: Lobbying Disclosure - 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. 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. 104) Specifies the contents of such registration and reports. (Sec. 105) Requires registrants to file semiannual lobbying activity reports with the Office. Provides for: (1) 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 (for all lobbying activities) (adjusted periodically for inflation) for the semiannual period. (Sec. 106) 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. 107) Establishes the Office as an executive agency, and specifies its duties, including making public the semiannual lobbyist activity reports. (Sec. 108) Establishes procedures for: (1) determining and resolving alleged violations of this Act; and (2) judicial review of Office decisions. (Sec. 113) 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. 114) 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. 115) 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. 118) Authorizes appropriations. (Sec. 119) 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. 121) 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. 122) Requires the President to appoint an interim Director of the Office within 30 days after enactment of this Act. Title II: Congressional Gift Rules - Makes conforming amendments to the Standing Rules of the Senate and the Rules of the House of Representatives, as well as the Ethics in Government Act and the Ethics Reform Act of 1989, with regard to the restrictions of this Act on gifts by lobbyists and foreign agents to covered subjects.
United States · United States Congress · 4 January 1995
TABLE OF CONTENTS: Title I: Legislative Accountability and Reform Title II: Regulatory Accountability and Reform Title III: Review of Unfunded Federal Mandates Title IV: Judicial Review Unfunded Mandate Reform Act of 1995 - Prohibits the application of this Act to any proposed Federal legislation or proposed or final Federal regulation that: (1) enforces the constitutional rights of individuals; (2) establishes or enforces any statutory rights that prohibit various specified types of discrimination; (3) requires compliance with accounting and auditing procedures with respect to grants or other money or property provided by the Federal Government; (4) provides for emergency assistance or relief at the request of any State, local, or tribal government (small government); or (5) is designed as emergency legislation or is necessary for national security or international treaty purposes. Requires each Federal agency to provide to the Director of the Congressional Budget Office (CBO) such information and assistance as the Director may reasonably request to assist him or her in carrying out this Act. Title I: Legislative Accountability and Reform - Amends the Congressional Budget and Impoundment Control Act of 1974 and the Congressional Budget Act of 1974 with respect to unfunded Federal mandates. (Sec. 101) Includes tribal governments and the private sector within the purview of mandate analysis by CBO and congressional committees. Requires authorization committees to identify to CBO any Federal mandates in legislation ordered to be reported. Requires the report accompanying any reported legislation with a Federal mandate to contain statements on whether the legislation is intended to preempt any State, local, or tribal law (and the reasons for such intention), as well as individual mandate descriptions, cost-benefit analyses, and statements regarding Federal financial assistance to State, local, and tribal governments for meeting mandate costs. Requires the CBO Director, for each piece of legislation, to prepare and submit the authorizing committee certain statements estimating the direct costs of mandate compliance and the amount of new or increased Federal financial assistance needed to meet such costs, if the estimates indicate at least a $50 million per fiscal year direct cost of all intergovernmental mandates in the legislation, or a $200 million per fiscal year direct cost of private sector mandates. Makes it out of order for the Senate to consider: (1) any reported nonappropriations legislation unless it has a CBO Director report; or (2) any reported nonappropriations legislation containing a Federal intergovernmental mandate with direct costs exceeding the thresholds specified by this Act, unless it provides for new or increased budget, entitlement, or direct spending authority or makes other specified arrangements for each fiscal year to ensure that Federal funds equal or exceed the estimated direct costs of the mandate, or that State, local, and tribal programmatic and financial responsibilities are reduced so they do not exceed the amount of Federal funding. Gives the House Committee on Government Reform and Oversight and the Senate Committee on Governmental Affairs final authority to determine questions on the applicability of this Act to pending bills, joint resolutions, amendments, motions, or conference reports. Requires the direct costs of a Federal mandate for a fiscal year to be determined based on estimates by congressional budget committees. Provides that it shall not be in order in the House of Representatives to consider a rule or order waiving application of these provisions to a bill or joint resolution reported by an authorization committee. (Sec. 102) Amends House rules with regard to the Committee of the Whole and Committee on Rules: (1) to make it always in order in the former to strike from the portion of any bill open to amendment any Federal mandate whose direct costs exceed the prescribed threshold; and (2) to require the latter to include in its reports on waived points of order a separate item identifying all waivers of points of order relating to Federal mandates. (Sec. 103) Provides that, at the request of any congressional committee, the CBO Director shall: (1) consult with and assist it in analyzing the budgetary or financial impact of any proposed legislation that may have a significant impact on the State, local, or tribal government involved or on the private sector; and (2) study any legislative proposal containing a Federal mandate. Requires the CBO Director to conduct continuing studies to enhance comparisons of budget outlays, credit authority, and tax expenditures. Requires any congressional committee that anticipates considering any legislative proposal establishing, amending, or reauthorizing any Federal program likely to have a significant impact on any State, local, or tribal government or on the private sector to include its views and estimates on that proposal to the applicable budget committee. (Sec. 104) Authorizes appropriations to CBO to carry out this Act. (Sec. 106) Repeals the State and Local Government Cost Estimate Act of 1981. Title II: Regulatory Accountability and Reform - Requires each Federal agency to: (1) assess the effects of Federal regulations on State, local, and tribal governments (other than to the extent that such regulations incorporate requirements specifically set forth in legislation) and the private sector, including specifically the availability of resources to carry out any Federal mandates in those regulations; and (2) seek to minimize those burdens that uniquely or significantly affect such governmental entities, consistent with achieving statutory and regulatory objectives. (Sec. 201) Directs each agency to permit elected officials and other representatives of State, local, and tribal governments to provide meaningful and timely input in the development of regulatory proposals containing significant Federal mandates. Requires each agency: (1) before establishing regulatory requirements, to develop plans for notifying small governments of such requirements; and (2) before promulgating any final rule that includes any Federal intergovernmental mandate that may result in State, local, or tribal government and private sector expenditures, in the aggregate, of $100 million or more in any one year, to prepare a written statement of specified estimates and analyses for forwarding to the CBO Director. Authorizes appropriations. (Sec. 204) Directs the Director of the Office of Management and Budget to establish pilot programs in at least two agencies to test innovative approaches to reducing reporting and compliance burdens on small governments. Title III: Review of Unfunded Federal Mandates - Establishes the Commission on Unfunded Federal Mandates to investigate and review the role of unfunded Federal mandates in intergovernmental relations and their impact on local, State, and Federal government objectives and responsibilities. Requires the Commission to make recommendations to the President and the Congress with regard to: (1) consolidating or simplifying unfunded Federal mandates in order to facilitate compliance by State, local, and tribal governments, especially with respect to specific mandates for which the terms of compliance are unnecessarily rigid or complex; (2) terminating unfunded mandates which are duplicative, obsolete, or lacking in practical utility; and (3) temporarily suspending those unfunded mandates which are not vital to public health and safety and which compound the fiscal difficulties of State, local, and tribal governments. (Sec. 307) Authorizes appropriations. Title IV: Judicial Review - Disallows judicial review under this Act.
United States · United States Congress · 4 January 1995
TABLE OF CONTENTS: Title I: General Title II: Extension of Rights and Protections Part A: Employment Discrimination, Family and Medical Leave, Fair Labor Standards, Employee Polygraph Protection, Worker Adjustment and Retraining, Employment and Reemployment of Veterans, and Intimidation Part B: Public Services and Accommodations Under the Americans with Disabilities Act of 1990 Part C: Occupational Safety and Health Act of 1970 Part D: Labor-Management Relations Part E: General Part F: Study Title III: Office of Compliance Title IV: Administrative and Judicial Dispute-Resolution Procedures Title V: Miscellaneous Provisions Congressional Accountability Act of 1995 - Title I: General - Applies provisions of the following laws to the legislative branch: (1) the Fair Labor Standards Act of 1938 (FLSA); (2) Title VII of the Civil Rights Act of 1964; (3) the Americans with Disabilities Act of 1990 (ADA); (4) the Age Discrimination in Employment Act of 1967 (ADEA); (5) the Family and Medical Leave Act of 1993 (FMLA); (6) the Occupational Safety and Health Act of 1970 (OSHA); (7) provisions regarding Federal labor-management relations; (8) the Employee Polygraph Protection Act of 1988 (EPPA); (9) the Worker Adjustment and Retraining Notification Act (WARN); (10) the Rehabilitation Act of 1973; and (11) the Uniformed Services Employment and Reemployment Rights Act of 1994. Requires the Board of Directors (Board) of the Office of Compliance (established by this Act) to: (1) review provisions of Federal laws and regulations relating to the terms and conditions of employment (including protection from discrimination in personnel actions, occupational health and safety, and family, medical, and other leave) of employees and access to public services and accommodations; and (2) report on December 31, 1996, and biennially thereafter, on whether or to what degree such provisions are applicable or inapplicable to the legislative branch and if inapplicable whether they should be made applicable. Requires each report of a congressional committee accompanying any bill or joint resolution relating to terms and conditions of employment or access to public services or accommodations to: (1) describe the manner in which the provisions of the bill or joint resolution apply to the legislative branch; or (2) if the provisions do not apply, include a statement of the reasons why. Makes it out of order, on the objection of any Member, for the Senate or the House of Representatives to consider such bill or joint resolution if the report of the committee on the measure does not comply with this Act. Allows such requirement to be waived in either House by a majority vote of that House. Title II: Extension of Rights and Protections - Part A: Employment Discrimination, Family and Medical Leave, Fair Labor Standards, Employee Polygraph Protection, Worker Adjustment and Retraining, Employment and Reemployment of Veterans, and Intimidation - Requires all personnel actions affecting covered employees to be made free from any discrimination based on race, color, religion, sex, national origin, age, or disability. Defines a "covered employee" as an employee of the House, the Senate, the Capitol Guide Service, the Capitol Police, the Congressional Budget Office (CBO), the Office of the Architect of the Capitol (AOC), the Office of the Attending Physician, the Office of Compliance, or the Office of Technology Assessment (OTA). Makes available the remedies awarded under the Civil Rights Act of 1964, the ADEA, the Rehabilitation Act of 1973, and the ADA, as appropriate, for discrimination violations affecting covered employees. Amends the Civil Rights Act of 1964 and the ADEA to apply their protection and remedies to the Government Printing Office (GPO) and the General Accounting Office (GAO). Extends coverage under the ADA to GPO and GAO. Makes specified remedies and procedures set forth in the Civil Rights Act of 1964 available to any employee of an instrumentality of the Congress who alleges a violation of the rights and protections under the ADA, except that the authorities of the Equal Employment Opportunity Commission shall be exercised by the chief official of the instrumentality of the Congress. (Sec. 202) Applies the rights, protections, and remedies of the FMLA, EPPA, WARN (with regard to closures or mass layoffs), and veterans' employment and reemployment rights to covered employees, GAO, and the Library of Congress. Applies the FLSA to covered employees and GPO. Prohibits covered employees from receiving compensatory time in lieu of overtime compensation. Provides that nothing in this Act shall preclude the Capitol Police from using lie detector tests in accordance with prescribed regulations under this Act. (Sec. 207) Makes it unlawful for an employing office to intimidate, take reprisal against, or otherwise discriminate against, any covered employee for opposing any practice made unlawful by this Act, or for initiating proceedings, making charges, or testifying, assisting, or participating in any manner in a hearing or other proceeding under this Act. Provides that the remedy available for such violation shall be such legal or equitable remedy as would be appropriate. Part B: Public Services and Accommodations under the Americans with Disabilities Act of 1990 - Applies the rights and protections against discrimination in the provision of public services and accommodations under the ADA to the Senate, the House, congressional and joint committees, the Capitol Guide Service, the Capitol Police, CBO, AOC, the Office of the Attending Physician, the Office, and OTA. Makes available specified remedies awarded under the ADA, as appropriate, except that with respect to any claim of employment discrimination asserted by any covered employee, the exclusive remedy under this title shall apply. Describes procedures to remedy other ADA violations, including filing a charge with the General Counsel of the Office, mediation, and judicial review. Makes specified remedies and procedures under the Civil Rights Act of 1964 available to disabled visitors, guests, or patrons of instrumentalities of the Congress (GAO, GPO, and the Library) who allege violations under ADA provisions described by this part. Part C: Occupational Safety and Health Act of 1970 - Directs each employing office (including GAO and the Library) and covered employees to comply with OSHA. Requires the remedy for an OSHA violation to be an order to correct the violation. Establishes procedures for such remedies, including granting the General Counsel and the Board certain authorities exercised by the Secretary of Labor under OSHA. Part D: Labor-Management Relations - Applies Federal labor- management relations provisions to employing offices and covered employees. Grants the Board and the General Counsel specified authorities of the Federal Labor Relations Authority to enforce such provisions. Part E: General - Allows the hearing officer, Board, or court, as the case may be, to award attorney's fees, expert witness fees, and other costs as would be appropriate under the Civil Rights Act of 1964 to a covered employee with respect to a claim under this Act or a qualified person with a disability with respect to a claim under the ADA. Prohibits a civil penalty or punitive damages from being awarded with respect to any claim under this Act. Bars persons other than veterans from commencing an administrative or judicial proceeding to seek a remedy for the rights and protections afforded by this Act except as provided in this Act. Provides that only a covered employee who has undertaken and completed the employee counseling and mediation procedures described in this Act may be granted a remedy under Part A of this title. Part F: Study - Directs the Administrative Conference of the United States to study the application of the following laws to GAO, GPO, and the Library of Congress and the regulations and procedures used by such entities to apply and enforce such laws: (1) title VII of the Civil Rights Act of 1964; (2) the ADEA; (3) the ADA; (4) the FMLA; (5) the FLSA; (6) OSHA; (7) the Rehabilitation Act of 1973; (8) Federal labor-management relations provisions; (9) the General Accounting Office Personnel Act of 1980; (10) the EPPA; (11) the WARN; and (12) provisions regarding veterans' employment and reemployment rights. Title III: Office of Compliance - Establishes in the legislative branch an Office of Compliance (Office) to carry out: (1) a program of education for Members of Congress and other employing authorities of the legislative branch respecting the laws made applicable to them; and (2) a program to inform individuals of their rights under such laws. Requires the Board Chair to appoint an Executive Director, a Deputy Executive Director for the Senate, and a Deputy Executive Director for the House of Representatives. (Sec. 304) Sets forth procedures for congressional approval of the Board's regulations required under title II to implement this Act, including regulations on the appropriate application of exemptions under the laws made applicable in such title. (Sec. 305) Authorizes appropriations. Title IV: Administrative and Judicial Dispute-Resolution Procedures - Sets forth procedures for counseling, mediation, election of proceedings, hearings, judicial review of Board decisions and enforcement, civil actions, and judicial review of regulations issued by the Board with respect to consideration of alleged violations of Part A of title II. (Sec. 410) Prohibits judicial review of actions taken pursuant to this Act, except as expressly authorized by this title. (Sec. 415) Authorizes appropriations for the establishment of an account in the Treasury for the Office for payment of awards and settlements under this Act. Prohibits funds in the account from being available for awards and settlements involving GAO, GPO, and the Library. Authorizes appropriations for funds for: (1) administrative, personnel, and similar expenses of employing offices which are needed to comply with this Act; and (2) the correction of OSHA and ADA accommodation and access violations. (Sec. 416) Makes all counseling, mediation, and hearings and deliberations of the Board confidential. Permits the records of hearing officers and the Board to be made public if required for judicial review. Authorizes the House Committee on Standards of Official Conduct and the Senate Select Committee on Ethics to have access to hearing records and decisions after the issuance of a final decision on a complaint. Title V: Miscellaneous Provisions - Provides that it shall not be a violation of any provision of Section 201 to consider the party affiliation, domicile, or political compatibility, with respect to employment decisions, of employees who are: (1) on the staff of the House or Senate leadership; (2) on the staff of congressional committees, joint committees, or subcommittees; (3) on the staff of Members of the House or Senators; (4) officers of the House or the Senate or elected or appointed congressional staff; or (5) applicants for any such positions. (Sec. 503) Provides that the Senate Select Committee on Ethics and the House Committee on Standards of Official Conduct retain full power with respect to the discipline of Members, officers, and employees for violating rules of the Senate and House on nondiscrimination in employment. (Sec. 505) Requires the Judicial Conference of the United States to report to the Congress on the application to the judicial branch of: (1) the FLSA; (2) title VII of the Civil Rights Act of 1964; (3) the ADA; (4) the ADEA; (5) the FMLA; (6) OSHA; (7) Federal labor- management relations provisions; (8) the EPPA; (9) the WARN; (10) the Rehabilitation Act of 1973; and (11) veterans' employment and reemployment provisions. Requires the report to include any recommendations the Judicial Conference may have for legislation to provide judicial branch employees with the rights, protections, and procedures under such laws, including administrative and judicial relief, that are comparable to those available to legislative branch employees under titles I through IV of this Act. (Sec. 506) Sets forth transitional provisions with respect to certain existing claims.
United States · United States Congress · 4 January 1995
Amends the Internal Revenue Code to make permanent, and to increase to 100 percent, the deduction for the health insurance costs of self-employed individuals.
United States · United States Congress · 4 January 1995
TABLE OF CONTENTS: Title I: Amendments to the Nuclear Non-Proliferation Act of 1978 Title II: Initiatives to Strengthen Compliance Title III: Amendments to the Atomic Energy Act of 1954 Title IV: Review of Plutonium Use Policy Title V: Repeal Nuclear Export Reorganization Act of 1995 - Title I: Amendments to the Nuclear Non-Proliferation Act of 1978 - Amends the National Security Act of 1947 to require the President to establish a Subgroup on Nuclear Export Coordination within the National Security Council. Authorizes appropriations. (Sec. 101) Amends the Nuclear Non-Proliferation Act of 1978 to require the Subgroup to: (1) serve as a forum for expressing the views of the constituent agencies with respect to the export of nuclear dual-use items; (2) review applications for the export of such items; (3) designate items for inclusion on the Nuclear Referral List; (4) facilitate the interagency process with respect to nuclear export licensing activities; and (5) undertake investigations with respect to such items. Directs the Chairman of the Subgroup to publish an export control bulletin for purposes of informing the public about the risks of proliferation and efforts to eliminate such risks. Requires the President to maintain a list of items the export of which is controlled to be known as the Nuclear Referral List. Requires an individual validated license for the export of a listed item. Subjects unlisted items that require a validated export license for national security reasons and are intended for nuclear-related end-uses to procedures applicable to listed items. Requires an individual validated license for exports of any technical data or commodities where the exporter has reason to know that such data or commodities will be used in specified nuclear activities. Makes the Secretary of Commerce responsible for processing export license applications for nuclear dual-use items before export from the United States or reexport from other countries. Sets forth procedures for license approvals and denials. Bars the issuance of licenses without the concurrence of all Subgroup members. (Sec. 102) Urges the President to encourage the development of a non-nuclear energy technology industry in the United States and to assist developing countries in acquiring such technologies. Requires the President to review the adequacy of federally funded research and development activities in achieving objectives related to non-nuclear technologies. Title II: Initiatives to Strengthen Compliance - Authorizes any U.S. person who finds that a foreign person has engaged in an activity outside the United States that is inconsistent with guidelines adopted by the United States and members of the Nuclear Suppliers Group with respect to exports of nuclear dual-use items to petition the Subgroup to investigate such activities. Requires the Subgroup, if the claims are sustained through evidence, to make a recommendation to the President regarding sanctions. (Sec. 202) Directs the Subgroup to develop guidelines to serve as a basis for the adoption of voluntary codes of conduct by companies that engage in exports of dual-use items. Requires the Subgroup to undertake a review of the circumstances under which certain dual-use goods could be exported under licenses other than an individual validated license without jeopardizing national security or interest. Authorizes the Secretary to issue such licenses. Permits the Subgroup to issue advisory opinions to any person as to whether an activity would subject the person to sanctions under existing nuclear export control laws. Authorizes the Subgroup to implement procedures to expedite the approvals of licenses for dual-use items to be exported to countries that are unlikely to become engaged in nuclear proliferation activities. Title III: Amendments to the Atomic Energy Act of 1954 - Amends the Atomic Energy Act of 1954 to require the concurrence of the Department of Defense in certain activities involving nuclear exports, including approval of nuclear cooperation agreements and authorizations to produce nuclear material outside of the United States. Title IV: Review of Plutonium Use Policy - Directs the President to report to the Congress on modifying policy that currently provides that the United States will not inhibit plutonium use in nations where it does not constitute a proliferation risk. Title V: Repeal - Repeals part D of the Nuclear Proliferation Prevention Act of 1994 (provisions that require the termination of provisions regarding reporting on nuclear exports and sanctions for nuclear proliferation upon enactment of the next Foreign Relations Authorization Act).
United States · United States Congress · 4 January 1995
Regulatory Accountability Act of 1995 - Sets forth specific requirements to which Federal agencies must adhere in undertaking any regulatory action and in promulgating any proposed or final major rule, including requirements for major rule regulatory analysis. Requires the President to establish a process for the centralized review and coordination of Federal agency regulatory actions, to be conducted by the Office of Management and Budget or other presidential designee, before public notification and participation. Provides for public participation in the development and review of regulatory actions. Prohibits judicial review of regulatory analyses and agency compliance or non-compliance with the mandate of this Act for such analyses.
United States · United States Congress · 4 January 1995
TABLE OF CONTENTS: Division A: Extension of Rights and Protections, and Associated Procedures Title I: Extension of Rights and Protections, and Associated Procedures Title II: Office of Congressional Fair Employment Practices--Establishment and Operations Title III: Administrative and Judicial Dispute-Resolution Procedures Title IV: Miscellaneous Provisions Division B: Lobbying and Gift Reform Title I: Lobbying Reform Title II: Congressional Gift Reform Division C: Campaign Finance Reform Title I: Congressional Campaign Spending Limit and Election Reform Subtitle A: Control of Congressional Campaign Spending Subtitle B: Independent Expenditures Subtitle C: Expenditures Subtitle D: Contributions Subtitle E: Miscellaneous Subtitle F: Effective Dates, Authorizations Comprehensive Congressional Reform Act of 1995 - Division A: Extension of Rights and Protections, and Associated Procedures - Title I: Extension of Rights and Protections, and Associated Procedures - Requires all personnel actions affecting covered employees to be made free from any discrimination based on race, color, religion, sex, national origin, age, or handicap or disability. Defines a "covered employee" as an employee of the House of Representatives, the Senate, the Architect of the Capitol, the Congressional Budget Office (CBO), the Office of Technology Assessment (OTA), or the Office of Congressional Fair Employment Practices (the Office). Provides that any intimidation of, or reprisal against, any covered employee because of the exercise of a right under this Act constitutes an unlawful employment practice. Makes available the relief awarded under the Civil Rights Act of 1964, the Age Discrimination in Employment Act of 1967 (ADEA), the Rehabilitation Act of 1973, or a specified section of the Americans with Disabilities Act of 1990 (ADA), as appropriate, for discrimination violations affecting covered employees. Prohibits punitive damages for such violations. Bars a covered employee from commencing an administrative or judicial proceeding to seek a remedy for prohibited practices, except as provided under this Act. Amends the Civil Rights Act of 1964 and the ADEA to apply their protection and remedies to the Government Printing Office (GPO) and the General Accounting Office (GAO). Extends coverage under the ADA to GPO and GAO as well. (Sec. 102) Applies the rights, protections, and relief of the Family and Medical Leave Act of 1993 (FMLA), the Employee Polygraph Protection Act of 1988 (EPPA), the Worker Adjustment and Retraining Notification Act (WARN), and veterans' employment and reemployment rights to covered employees, GAO, and the Library of Congress. Applies the Fair Labor Standards Act of 1938 (FLSA) to covered employees and GPO. (Sec. 107) Establishes the following exclusive procedures for remedy of violations of the laws described above: (1) employee counseling; (2) mediation; (3) filing of a formal complaint with the Office or filing of a civil action in the U.S. district court; and (4) appealing to the Board of Directors of the Office if aggrieved by a decision or to the U.S. Court of Appeals for review, subject to certain conditions. (Sec. 108) Applies the rights and protections against discrimination in the provision of public services under the ADA to the Senate, the House, congressional joint committees, the Architect of the Capitol, the Capitol Guide Service, the Capitol Police, CBO, OTA, and the Office. Applies such rights and protections to any qualified individual with a disability, except that, with respect to claims of employment discrimination asserted by a covered employee, the exclusive remedies described above shall apply. Makes relief under such Act available for such violations and describes procedures to remedy such violations, including filing a charge with the General Counsel of the Office, mediation, and judicial review. Makes specified remedies and procedures under the Civil Rights Act of 1964 available to disabled visitors, guests, or patrons of instrumentalities of the Congress (GAO, GPO, and the Library) who allege violations under ADA provisions described by this section. (Sec. 109) Directs each employing office (including GAO and the Library) and covered employee to comply with the Occupational Safety and Health Act of 1970 (OSHA) and applies such Act's duties, rights, protections, and remedies (except penalties) to such offices and employees. Establishes procedures for such remedies, including granting the General Counsel and the Board certain authorities exercised by the Secretary of Labor under such Act. (Sec. 110) Applies the Federal Service Labor-Management Relations Statute to employing offices and covered employees. Grants the Board and the General Counsel specified authorities under the Statute. (Sec. 111) Requires the Board of the Office to: (1) review provisions of Federal laws and regulations relating to the terms and conditions of employment (including protection from discrimination in personnel actions, health and safety, and family and medical leave) of employees and access to public services and accommodations; and (2) report on December 31, 1996, and biennially thereafter, on whether or to what degree such provisions are applicable or inapplicable to the legislative branch and, if inapplicable, whether they should be made applicable. Requires each report of a congressional committee accompanying any bill or joint resolution to: (1) describe the manner in which the provisions of the bill or joint resolution apply to the Congress and congressional instrumentalities; or (2) if the provisions do not apply, include a statement of the reasons why. (Sec. 112) Directs the Board to study the application of the following laws to GAO, GPO, the Library , and other entities in the legislative branch not covered by all the sections of this title: (1) Title VII of the Civil Rights Act of 1964; (2) the ADEA; (3) the ADA; (4) the FMLA; (5) the FLSA; (6) the OSHA; (7) the Rehabilitation Act of 1973; (8) the Federal Service Labor-Management Relations Statute; (9) the General Accounting Office Personnel Act of 1980; (10) the EPPA; (11) the WARN; and (12) provisions relating to veterans' employment and reemployment rights. Title II: Office of Congressional Fair Employment Practices-Establishment and Operations - Establishes the Office of Congressional Fair Employment Practices within the legislative branch. (Sec. 207) Authorizes appropriations. Title III: Administrative and Judicial Dispute-Resolution Procedures - Sets forth procedures for counseling, mediation, hearings, appeals to the Board, judicial review of Board decisions, and civil actions relating to violations described under title I. (Sec. 307) Sets deadlines for: (1) making counseling requests; and (2) charging discrimination in public services or discrimination in exercising rights relating to occupational safety and health. Title IV: Miscellaneous Provisions - Establishes Settlements and Awards Reserve appropriation accounts in the Contingent Funds of the House and the Senate. Makes amounts in such accounts available for the payment of awards for settlements made under this Act. Authorizes appropriations. (Sec. 403) Prohibits judicial review of actions taken pursuant to this Act, except in proceedings authorized under title III. (Sec. 406) Provides that it shall not be a violation of any provision to consider the party affiliation, domicile, or political compatibility, with respect to employment decisions, of employees who are: (1) on the staff of the House or Senate leadership; (2) on the staff of congressional committees, joint committees, or subcommittees; (3) on the staff of Members of the House or Senators; (4) officers of the House or the Senate or elected or appointed congressional staff; or (5) applicants for any such positions. (Sec. 407) Directs the Senate Select Committee on Ethics and the House Committee on Standards of Official Conduct to retain full power with respect to the discipline of Members, officers, and employees for violating rules of the Senate and the House on nondiscrimination in employment. (Sec. 410) Sets forth transitional provisions with respect to certain existing claims. Division B: Lobbying and Gift Reform - Title I: Lobbying Reform - 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. 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. 1104) Specifies the contents of such registration and reports. (Sec. 1105) Requires registrants to file semiannual lobbying activity reports with the Office. Provides for: (1) 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 (for all lobbying activities of a registrant whose employees lobby on its own behalf) for the semiannual period. Requires periodic adjustment of such dollar amounts for inflation. (Sec. 1106) 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. 1107) Establishes the Office as an executive agency, and specifies its duties, including making public the semiannual lobbyist activity reports. (Sec. 1108) Establishes procedures for: (1) determining and resolving alleged violations of this Act; and (2) judicial review of Office decisions. (Sec. 1113) 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. 1114) 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. 1115) 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. 1118) Authorizes appropriations. (Sec. 1119) 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. 1121) 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. 1122) Requires the President to appoint an interim Director of the Office within 30 days after enactment of this Act. Title II: Congressional Gift Reform - Amends rule XXXV of the Standing Rules of the Senate to prohibit any Member, officer, or employee of the Senate from knowingly accepting a gift from: (1) a registered lobbyist, lobbying firm, or agent of a foreign principal in violation of the Lobbying Disclosure Act of 1994; or (2) any person, subject to exceptions listed in this Act. (Currently, such individuals and their spouses are allowed to accept gifts totalling up to $250 from any one person.) Considers a gift to a spouse or dependent of a Member, officer, or employee to be a gift to the Member, officer, or employee if given with their knowledge and acquiescence and if there is reason to believe that the gift was given because of their official positions. Lists items exempt from the restriction on gifts from persons other than lobbyists, lobbying firms, or agents of foreign principals, including: (1) anything provided on the basis of a personal or family relationship unless the Member, officer, or employee has reason to believe that the gift was provided because of his or her official position; (2) unused items that are promptly returned to the donor; (3) food or refreshments believed to have a value of less than $20; (4) food, lodging, and other benefits resulting from the outside business or employment activities of a Member, officer, or employee or their spouses if such benefits have not been offered or enhanced because of the recipient's official position; (5) such benefits customarily provided by a prospective employer in connection with bona fide employment discussions or by a political organization in connection with a fund raising or campaign event; (6) certain awards or prizes given in contests open to the public; (7) certain honorary degrees and other awards; (8) donations of products from the Member's State that are intended for promotional purposes and are of minimal value as well as food, refreshments, and entertainment provided in the home State, subject to reasonable limitations; (9) certain training; (10) bequests and inheritances; (11) anything paid for by the Government or by a State or local government or secured under a Government contract; (12) a gift of personal hospitality; (13) free attendance at an event, as permitted by this Act; and (14) certain other opportunities and benefits. Establishes conditions under which a Member, officer, or employee may accept an offer of free attendance at a convention, dinner, or similar event. Prohibits the acceptance of a gift exceeding $250 on the basis of the personal relationship or friendship exception unless the Select Committee on Ethics determines that such exception applies. Provides that certain reimbursements to a Member, officer, or employee for travel expenses to an event in connection with official duties shall not be considered as gifts if advance authorization to accept reimbursement is received and the reimbursement and authorization are disclosed within a specified time period. (Sec. 1202) Makes parallel amendments to the Rules of the House of Representatives to reflect conforming gift restrictions. (Sec. 1203) Amends the Ethics in Government Act to provide that reimbursements deemed accepted by the Senate or the House and reported as required under such rules need not be reported under such Act. Authorizes the Senate Committee on Rules and Administration to accept gifts provided they do not involve any duty, burden, or condition, or are not made dependent upon some future performance by the United States. Division C: Campaign Finance Reform - Title I: Congressional Campaign Spending Limit and Election Reform - Congressional Campaign Spending Limit and Election Reform Act of 1995 - Subtitle A: Control of Congressional Campaign Spending Part 1: Senate Election Campaign Spending Limits and Benefits - Amends the Federal Election Campaign Act of 1971 (FECA) to make Senate candidates who meet certain filing requirements and contribution and expenditure limits eligible for FECA benefits. Limits Senate primary expenditures for a candidate (or his or her authorized committees) to the lesser of: (1) 67 percent of the general election expenditure limit; or (2) $2.75 million. Limits runoff expenditures. Sets a threshold contribution amount which triggers application of such primary and runoff limits. Limits the use by a Senate candidate (or authorized committees), during an entire election cycle, of the candidate's personal (or family) funds (including debt). Limits aggregate general election expenditures by an eligible Senate candidate (or authorized committees) to the lesser of: (1) $5.5 million; or (2) the greater of $1.2 million, or $4,000,000 plus 30 cents times the voting age population up to 4 million and 25 cents times the voting age population over 4 million. Exempts from the general election expenditure limit qualified accounting and legal expenditures. Entitles eligible Senate candidates to certain broadcast media rates, and in certain circumstances, payments compensating for independent expenditures and excess expenditures on behalf of the candidate's opponent. Requires the Federal Election Commission (Commission) to certify an eligible Senate candidate within 48 hours after his or her application to the Secretary of the Senate. Requires the Commission to examine and audit, for FECA compliance, the campaign accounts of five percent of all Senate and House of Representatives candidates, and the campaign accounts of all opponents of such candidates as well. Requires candidates to refund to the Commission any excess payments or expenditures. Sets civil penalties for excess expenditures and contributions. Provides for judicial review of Commission actions and requires Commission reports to the Senate. Requires closed captioning for eligible Senate candidates' television commercials. Authorizes reduced candidate payments under circumstances of insufficient funds. (Sec. 10002) Prohibits Senate election activities by political action committees (PACs). Reduces from $5,000 to $1,000 the maximum aggregate contributions of any PAC to a Senate candidate (or authorized committees). Makes it unlawful for aggregate PACs to contribute to any Senate candidate (or authorized committees) more than the lesser of: (1) $825,000; or (2) 20 percent of the aggregate Federal election spending limit. Requires annual adjustments of such dollar amounts according to a specified price index. (Sec. 10003) Sets forth reporting requirements for Senate candidates not eligible for FECA benefits. Requires reports to the Secretary within two days of any contributions raised and expenditures made in excess of FECA limits. Requires any candidate for the Senate who, during the election cycle, exceeds limits on the use of personal and immediate family funds, and on personal loans incurred by the candidate and the candidate's immediate family, to report to the Secretary of the Senate within two days after such expenditures have been made or loans incurred. Requires certain expenditure reports from any Senate candidate who held Federal, State, or local office during the same election cycle, and made any expenditures, before becoming a Senate candidate, which would have been treated as Senate candidate expenditures. (Sec. 10004) Requires Senate candidates ineligible for FECA benefits to place on every paid or authorized political commercial or communication the declaration: "This candidate has not agreed to voluntary campaign spending limits." Part II: General Provisions - Amends the Communications Act of 1934 to require a broadcast station to make broadcast time available to all House and Senate candidates in the last 30 (currently 45) days before a primary at the lowest unit charge of the station for the same amount of time (currently, the same class and amount of time) for the same period on the same date. Allows Senate candidates to purchase broadcast time at 50 percent of the lowest unit rate for the 60 days before a general election. Prohibits broadcasters from preempting advertisements sold to political candidates at the lowest unit rate, unless the preemption is beyond the broadcaster's control. (Sec. 10012) Amends FECA to set forth reporting requirements for certain independent expenditures. (Sec. 10015) Amends Federal law to prohibit a Senator who is a candidate for election to any public office from making a mass mailing under the frank during the calendar year of any primary or general election for such office. Subtitle B: Independent Expenditures - Amends FECA to define "independent expenditure" as an expenditure for an advertisement or other communication that: (1) contains express advocacy; and (2) is made without the participation or cooperation of a candidate or a candidate's representative. Excludes from the meaning of "independent expenditure" any expenditure by: (1) a political committee of a political party; (2) persons who communicate or receive information about activities that have a purpose of influencing a candidate's election; and (3) persons with other specified relationships with a candidate or candidate's agents in the same election cycle. Defines "express advocacy" as any communication that when taken as a whole: (1) expresses support for or opposition to a specific candidate, a specific group of candidates, or candidates of a particular political party; or (2) suggests taking action with respect to an election, such as voting for or against, contributing to, or participating in campaign activity. Amends the Communications Act of 1934 to provide for equal broadcast time, including notification and opportunity to purchase equal time on an independent expenditure basis. Subtitle C: Expenditures - Part I: Personal Loans; Credit - Amends FECA to prohibit the use of contributions after the date of a general election to repay loans to a candidate (or authorized committee) by the candidate himself or herself or by members of the candidate's family. Treats as a contribution any extension of credit of more than $1,000 for more than 60 days to candidates for Federal office (or authorized committees) by political advisers. Part II: Provisions Relating to Soft Money of Political Parties - Amends FECA to define: (1) "generic campaign activity" as a campaign activity on behalf of a party rather than a candidate; and (2) "State Party Grass Roots Fund" as a segregated State fund on behalf of a Federal candidate. (Sec. 10034) Permits maximum contributions to a State Party Grassroots Fund of: (1) $20,000 by an individual; and (2) $15,000 from a multicandidate committee. Establishes an overall $60,000 annual limit on individual contributions, including specified limits for: (1) candidates and their political committees; and (2) State committees. (Sec. 10035) Subjects to certain limitations, prohibitions, and reporting requirements any amount solicited, received, or expended directly or indirectly by a national, State, district, or local committee of a political party (including any subordinate committee) with respect to an activity (such as voter registration and get-out-the vote activities among others) which, in whole or in part, is in connection with an election to Federal office. Limits the expenditures for which a State committee may use its State Party Grassroots Fund. (Sec. 10036) Prohibits Federal candidates and officeholders from soliciting contributions not subject to FECA. Restricts on solicitations from tax-exempt organizations. (Sec. 10037) Requires: (1) a national committee and a congressional campaign committee to report all receipts and disbursements whether or not in connection with a Federal election; and (2) other specified political committees to report all receipts and disbursements in connection with a Federal election. Subtitle D: Contributions - Specifies circumstances in which contributions made or arranged to be made directly or indirectly by a person to or on behalf of a particular candidate through an intermediary or conduit shall be treated as contributions from such intermediary or conduit to the candidate (thus subjecting them to the FECA limitations otherwise applicable to that intermediary or conduit). Requires an intermediary or conduit to report the original source, contributor, and intended recipient of each forwarded contribution. Prohibits certain lobbyist contributions. (Sec. 10042) Treats contributions by a dependent not of voting age as having been made by the individual on whom that dependent is a dependent. (Sec. 10043) Prohibits a candidate for Federal office from accepting, with respect to any election, any contribution from a State or local political party committee (or subordinate committee) if such contribution, when added to the total of contributions previously accepted from all such committees of that political party, exceeds the relevant contribution limitation. (Sec. 10044) Makes it unlawful to coerce contributions or expenditures by physical threat or other intimidation. (Sec. 10045) Prohibit acceptance by a candidate of cash contributions from any one person aggregating more than $100. Subtitle E: Miscellaneous - Prohibits Federal candidates and officeholders from establishing, maintaining, or controlling any political committee (such as a "leadership committee") other than a principal campaign committee of the candidate, authorized committee, party committee, or other political committee designated as an authorized committee. (Sec. 10052) Directs the Commission to study and report to the Congress on the feasibility of developing telephonic voting for persons with disabilities. (Sec. 10053) Exempts certain tax-exempt organizations from specified corporate expenditure limits. (Sec. 10055) Requires exact copies of campaign advertising that refers to a candidate's opponent to be filed with the Commission and the Secretary of State of the candidate's State. (Sec. 10056) Amends Federal law to prohibit a Member of Congress, during an election year, from using the franking privilege for a mass mailing from January 1 until the general election date. Subtitle F: Effective Dates; Authorizations - Sets forth the general effective date of this Act. Provides for direct, expedited appeal to the U.S. Supreme Court from any court rulings on the constitutionality of any provision of this Act or amendment made by it.
United States · United States Congress · 6 October 1994
Base Closure Community Redevelopment and Homeless Assistance Act of 1994 - Amends the Defense Base Closure and Realignment Act of 1990 to direct the Secretary of Defense (Secretary), with respect to the use or transferability of any portion of a military installation closed or to be closed under such Act, to: (1) identify the buildings and property for which the Department of Defense (DOD) or another Federal department or agency has a use or will accept a transfer; (2) identify any property as surplus; (3) submit to the Secretary of Housing and Urban Development (HUD) and to the redevelopment authority for such installation information on any property identified as surplus; and (4) publish in the Federal Register and the appropriate local newspaper information on the surplus property. Requires State and local governments, representatives of the homeless, and other parties interested in the surplus property to submit to the redevelopment authority (RA) a notice of interest in such property, with certain time limits. Requires the representative of the homeless to submit with such notice specific information with respect to the proposed homeless assistance program for such property, as well as certain assessments and descriptions. Directs the RA for each installation to prepare a redevelopment plan for such installation which includes legally binding agreements concerning the use of such property to assist the homeless. Requires redevelopment plan approval by the HUD Secretary. Expresses the sense of the Congress that the HUD Secretary, in completing a review of a plan, should take into consideration and be receptive to the predominant views on the plan of the communities in the vicinity of the installation covered by the plan. Requires an RA, upon completion of a redevelopment plan, to submit to the Secretary and the HUD Secretary an application containing such plan. Requires the Secretaries to complete a review of the plan within 60 days after receipt, including a determination as to whether such plan meets certain requirements with respect to the homeless population in the area, the availability of existing services to meet the needs of the homeless, and the suitability of the surplus property to meet such needs. Allows for the negotiation of plan deficiencies between the RA and the HUD Secretary during such review . Requires appropriate action by the parties concerned if the HUD Secretary determines a redevelopment plan to be inappropriate, including plan revision and resubmission by the RA. Provides for transfer to the representative of the homeless or the RA of surplus property for disposal, without consideration, under an approved redevelopment plan. Authorizes either Secretary to postpone any deadline related to plan consideration and approval in the interest of the communities affected. Provides transition provisions applicable to installations approved for closure before the enactment of this Act.
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