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Bill· SS. 181 (104th)referred
United States · United States Congress · 9 January 1995
Small Investors Tax Relief Act of 1995 - Amends the Internal Revenue Code to exclude from an individual's gross income dividends from domestic corporations or interest. Limits such exclusion to $1,000 (adjusted for inflation after 1995). Makes such exclusion inapplicable to dividends received from tax-exempt corporations. Requires indexing of certain assets (corporate stock, certain tangible property, and a principal residence) that have been held for more than one year at the time of sale or other transfer, solely for the purpose of determining gain or loss. Reduces the capital gains tax for individuals. Allows as a capital gains deduction an amount equal to the lesser of: (1) the net capital gain; or (2) $10,000 ($20,000 in the case of a joint return). Provides an inflation adjustment for such amounts.
Bill· SS. 183 (104th)referred
United States · United States Congress · 9 January 1995
Congressional Fiscal Responsibility Incentive Act - Amends the Legislative Reorganization Act of 1946 to reduce the annual salary of a Member of Congress by ten percent if the total expenditures of the Federal Government exceed its total receipts for a fiscal year. Requires such reductions in salary to be disregarded the first pay period beginning on or after the date the Congress receives a report indicating that total receipts of the Federal Government are greater than or equal to its total expenditures for a fiscal year. Requires restoration of the Member's salary for such position to the level which would then be in effect without enactment of this Act. Mandates such pay adjustments before any other adjustment scheduled to take effect on the same day for the same position. Makes it out of order for the House of Representatives or the Senate to consider any bill or resolution increasing the salary for Members of Congress, with specified exceptions, unless the bill or resolution deals with no subject matter other than a pay increase for members. Requires a recorded vote by the House or Senate in the passage or adoption of such bill or resolution. Provides that this Act shall have no force or effect after passage of a constitutional amendment requiring a balanced Federal budget.
Bill· SS. 180 (104th)referred
United States · United States Congress · 9 January 1995
TABLE OF CONTENTS: Title I: Streamlining and Consolidation Title II: Market Building Activities Subtitle A: Federal Level Activities Subtitle B: State Level Activities Subtitle C: Local Level Activities Title III: Enhancing Individual Choice Through Training Accounts Title IV: Private-Public Linkages Title V: Integrated Labor Market Information System Workforce Development Act - Consolidates and revises Federal job training programs to create a workforce development system. (Sec. 3) Authorizes appropriations. Title I: Streamlining and Consolidation - Expresses the sense of the Congress that: (1) any budget savings realized through elimination or consolidation of programs under this title should be reinvested in the national job training (or workforce development) system; and (2) elimination or merging of programs should be done without reducing the Federal commitment or level of effort to improve education, employment, and earnings of all workers, particularly hard-to-serve individuals. (Sec. 102) Repeals the provisons of various Federal laws for certain employment training programs, including specified ones under the Food Stamp Act of 1977, Appalachian Regional Development Act of 1965, Immigration Reform and Control Act of 1986, Federal Transit Act, Displaced Homemaker Self-Sufficiency Assistance Act, Carl D. Perkins Vocational and Applied Technology Education Act, Job Training Partnership Act (JTPA), and Stewart B. McKinney Homeless Assistance Act. (Sec. 103) Repeals provisions for certain adult job training and employment programs under the JTPA, Wagner-Peyser Act, Trade Act of 1974, Refugee Education Assistance Act of 1980, and Older Americans Act of 1965. Requires any State receiving an implementation grant (to develop an integrated workforce development system) to include the components of these repealed programs and activities in such system. Allows any such State to include additional programs in such system, under certain conditions. (Sec. 104) Directs the National Workforce Development Board (established under title II) to advise on consolidation of workforce development programs through: (1) recommendations to the President and the Congress for the elimination of Federal workforce development programs, or programs whose functions should be subsumed under other Federal programs; (2) a report and recommendations for proposed reforms to specified congressional committees based on its analysis of the experience of leading edge States and the progress toward establishing an integrated workforce development system; and (3) a draft of a joint resolution to the Congress with provisions to develop a streamlined, integrated, federally supported workforce development system, from listed programs and any other appropriate Federal program (including recommendations for standard program measures and a description of how the new system will maintain services to hard-to-serve populations). (Sec. 105) Directs the President to establish an expedited process to consider and act on requests by States for waivers of laws and regulations for specified programs for: (1) two years to facilitate provision of assistance for workforce development, for States not receiving implementation grants; or (2) the duration of the implementation grant, for States receiving such grants. Title II: Market Building Activities - Subtitle A: Federal Level Activities - Establishes the National Workforce Development Board (the Board). (Sec. 202) Requires the Board to prepare annually the Nation's Workforce Development Report Card (National Report Card), which shall assess the U.S. workforce development system performance and evaluate all workforce development programs that receive Federal funding. Directs the Board to review development, implementation, and matching incentive grant proposals. Terminates the Board after it submits to the President and the Congress the joint resolution to develop a streamlined, integrated, federally supported workforce development system required by title I. Amends the Job Training Partnership Act (JTPA) to repeal the establishment of the National Commission for Employment Policy. Replaces references to such Commission with references to the Board. (Sec. 203) Authorizes the Secretary of Labor to make grants to applicant States to: (1) develop strategic plans for development of comprehensive statewide integrated workforce development systems; and (2) if they are leading edge States, implement such systems. Directs the Secretary to use specified information clearinghouses and other entities to: (1) collect and disseminate information to help States and localities to streamline and reform their job training systems; and (2) facilitate exchange of information and ideas among States and localities carrying out job training reform initiatives. Requires the Board to determine whether any proposed Federal job training legislation complies with data reporting, common definitions, and common funding cycles provisions under this Act. Makes it out of order for the Senate or House of Representatives to consider any bill or resolution concerning workforce development that would not comply with the national workforce development system, as determined by the Board. Requires a three-fifths affirmative vote to waive or suspend such requirement in the Senate or House. (Sec. 204) Establishes a quality assurance system. Directs the Secretaries of Labor, of Education, and of Health and Human Services to jointly develop common terms and definitions and a placement accountability system and adjust existing program performance standards. Directs the Board to recommend a system of performance standards in its joint resolution to the Congress that includes standard outcome measures relating to employment, job retention, earnings, and nonemployment outcome measures (such as learning and competency gains). Requires each workforce development program that receives Federal funds to collect, and report to the Governor and State Council, specified information relating to each participant's: (1) quarterly employment status and earnings for one year after no longer receiving program assistance; (2) economic and demographic characteristics; (3) services received and spending for them; (4) program outcomes; and (5) other data that may be added as the Board develops other standard definitions. Requires that program monitoring under these provisions supplant existing monitoring and reporting requirements for program participants. Directs each Federal department and agency with responsibility for a workforce development program to report to the Board on its progress in adopting common terms and definitions for program participants, service activities, and outcomes by program operators and grant recipients. Directs the Board to make recommendations to: (1) the Secretaries and heads of other agencies operating workforce development programs, on common definitions for other terms; and (2) the Congress, on legislative action if any of the proposed common definitions require amendment to existing laws. Establishes a placement accountability system for all federally funded workforce development programs. Requires each such program to: (1) monitor its own performance by measuring quarterly employment status and earnings of each participant for one year after he or she no longer receives program assistance; and (2) provide required information on participants, to be matched by information from the State agency for labor market information which shall be reimbursed by the requesting program with Federal funds. Directs the State agency to submit the results of the matching to the State Council. Requires the Governor to ensure submission of matched data to the State Council, the Board, the Secretary (of Labor), and other Federal entities. Requires that such program quality assurance information be made available to the State Council, local workforce development boards in the State, and consumers of labor market information. Requires all federally funded workforce development programs to be funded on a consistent funding cycle basis. Directs the Board to make recommendations to the Congress on the appropriate funding cycle. Subtitle B: State Level Activities - Requires each State desiring to participate in development of an integrated and accountable workforce development system to: (1) establish a State Workforce Development Council (State Council); or (2) have an existing entity similar to a State Council that includes representatives of employers and workers. Directs each State Council to: (1) serve as principal advisory board to the Governor for all programs in the State's integrated workforce development system; and (2) assume the functions and responsibilities of councils and commissions required under Federal law that are part of such system. (Sec. 214) Directs the State Council to assist the Governor in: (1) preparing a biennial State Workforce Development Policy Blueprint and an annual State Workforce Development Report Card; and (2) certifying each local workforce development board, as well as recommending criteria to judge such local boards' effectiveness. (Sec. 215) Requires the State Council to develop a quality assurance systems to complement and expand upon the one established under subtitle A, in order to provide customers of job training services with consumer reprts on the supply, demand, price, and quality of job training services in each unified service delivery area in the State. Directs each State to select tools and measures appropriate to its needs, including: (1) collecting and organizing service provider performance data; and (2) conducting surveys to ascertain customer satisfaction. Directs the State Council, with the local workforce development boards, to establish mechanisms for collecting and disseminating the quality assurance information to individuals seeking employment, employers, Federal, State, and local policymakers, and training and education providers. Requires each public and private education, training, and career development service provider receiving Federal funds under a program in a State integrated system to collect and provide the quality assurance information. (Sec. 216) Sets forth State Council authorities, including funding and operating special projects for research or improvement of system performance. (Sec. 217) Directs State Councils to make recommendations to Governors for establishment of unified service delivery areas (SDAs). Requires States receiving implementation grants to establish unified SDAs to provide community-wide workforce development assistance in one-stop career centers. Requires consideration of existing labor market areas, local governments, and SDAs under JTPA, as well as distance traveled by individuals to receive services. Allows merger of existing SDAs. Prohibits approval of a total number of such unified SDAs greater than that of the existing SDAs in the State. (Sec. 218) Requires each State to use a portion of its development grant to design a unified financial and management information system. Directs each State receiving an implementation grant to require all programs in the integrated system to use such unified financial and management information system. Sets forth requirements for such systems. (Sec. 219) Requires each State, from its development or implementation grant, to develop a strategy to enhance capacity of institutions, organizations, and staff involved in State and local workforce development activities by providing certain types of services. (Sec. 220) Provides that the Governor of each State implementing an integrated workforce development system: (1) may adjust existing performance standards for programs in such system, using specified criteria; and (2) shall, within parameters established by the Board, prescribe adjustments to such performance criteria for unified SDAs based on certain factors. Requires such developed performance criteria to be used in lieu of similar criteria for programs receiving Federal funding included in the State's integrated system, to the extent determined by the State Council subject to Board approval. Subtitle C: Local Level Activities - Requires the local elected officials of each unified SDA, in each State receiving an implementation grant (except any with a single unified SDA with contiguous borders), to establish a workforce development board (local board) to administer the workforce development assistance provided by all programs in the integrated workforce development system in such area. (Sec. 232) Requires each local board to report to the State Council a biennial workforce development board policy blueprint. (Sec. 233) Requires each local board to submit to the State Council an annual unified SDA report card. (Sec. 234) Requires each local board receiving funds under an implementation grant to develop and implement a network of one-stop career centers in its unified SDA to provide jobseekers, workers, and businesses universal access to a comprehensive array of quality employment, education, and training services. Requires selection of a method for such establishment consistent with specified criteria. Makes eligible for selection as a one-stop career center each entity within the unified SDA that performs specified brokerage services for individuals and employers. Prohibits any entity that performs one-stop career center functions from making an education and training referral to itself; but allows waivers of this prohibition under certain conditions. Allows each one-stop career center to charge fees for certain brokerage services to employers, subject to local board approval. Requires each such center to: (1) adopt core data elements and common definitions; and (2) enter into an operating agreement with the local board. (Sec. 235) Requires each local board to identify capacity building actions to be taken for the workforce development system in its unified SDA. Directs the State Council to make funds available to each local board for capacity building activities from implementation grant funds and other funds within the State's integrated workforce development budget. Lists types of capacity building activities. Title III: Enhancing Individual Choice through Training Accounts - Requires each State receiving an implementation grant under title II to establish a training account system to provide education and training. (Sec. 303) Requires such States to use at least 60 percent of the funds made available under JTPA title III provisions for dislocated workers and certain funds under this Act to provide education and training under the JTPA dislocated worker program only through the training account system. Allows a State, at least one year after it begins administering such system, to provide education and training through it to adults eligible to participate in other workforce development programs, under certain conditions including Board approval. (Sec. 304) Allows an eligible individual to apply to establish a training account only at a one-stop career center. Requires such centers to provide certain assistance and information. Allows an individual to be provided a training account for a maximum of two years within any five-year period. Sets the total amount to be deposited in such an account for any fiscal year at the greater of the maximum amount of a Pell grant for such year established under the Higher Education Act of 1965 or by an appropriations Act. Allows account funds to be used by the individual for education and training services from eligible service providers. Sets forth requirements for administrative procedures. Requires the State blueprint to describe how it will administer such system. (Sec. 305) Makes providers of education and training services eligible to receive funds from such training accounts if they use certain common definitions and performance-based information and are either: (1) eligible to participate in student assistance programs under title IV of the Higher Education Act of 1965; or (2) determined eligible under alternative eligibility procedures established by State Governors. (Sec. 306) Directs the Board to evaluate the administration and effectiveness of the training account system, and include such evaluation in its National Report Card and draft joint resolution. (Sec. 307) Directs the Secretary of Labor to report, with recommendations, to the Congress on the need for income support to enable dislocated workers and economically disadvantaged adults to participate in long-term job training, and on options for ways of providing such support. Title IV: Private-Public Linkages - Directs the Board to make recommendations on measures (including tax code changes) to: (1) encourage employers and workers to invest in training and skills upgrading; (2) encourage employers to hire and train hard-to-serve individuals; and (3) provide income support to enable job-seekers and workers to participate in long-term training programs. (Sec. 403) Directs the Board to issue an annual report on private-public training programs. (Sec. 404) Establishes a program of incentive grants for incumbent worker training, consisting of competitive matching grants to local boards to respond to the training needs of front-line workers in their communities. Sets forth provisions for applications, selection of grantees by the Secretary according to certain criteria, authorized uses of funds, and Federal and local matching shares of funding. Title V: Integrated Labor Market Information System - Directs the Secretary to oversee and ensure development, maintenance, and continued improvement of: (1) a nationwide integrated system of labor market information that will serve specified functions, include certain information, use common standards, and make certain data and information available to the Board and to consumers in automated delivery systems; and (2) certain mechanisms and programs for dissemination, technical assistance, and research. (Sec. 502) Directs the Board to plan, review, and evaluate the national integrated labor market information system. (Sec. 503) Requires the Secretary to: (1) manage the investment in an integrated labor market information on system in a specified manner; and (2) submit an annual plan for improving such system to the Board for review and recommendations, and to the President and the Congress. (Sec. 504) Directs each Governor and State Council to designate one State agency to be responsible for: (1) managing and overseeing a statewide integrated labor market information system; and (2) developing an annual State unified labor market information budget. Conditions Federal financial assistance under this title on the Governor or State Council's carrying out other specified functions with respect to labor market information. Provides that the State agency is not limited by this Act from conducting additional data collection, analysis, and dissemination activities with funds derived from sources other than this Act.
Bill· SS. 182 (104th)referred
United States · United States Congress · 9 January 1995
Capital Formation and Job Creation Act of 1995 - Amends the Internal Revenue Code to allow a 50 percent income tax deduction for the net capital gain of both corporate and noncorporate taxpayers. Requires indexing, based on the gross domestic product deflator, of the adjusted basis of certain assets (corporate stock and tangible property that is a capital asset or property used in a trade or business) that have been held for more than one year at the time of sale or other transfer, solely for the purpose of determining gain or loss. Allows an itemized deduction for losses arising from the sale or exchange of a principal residence.
Bill· HRH.R. 442 (104th)open
United States · United States Congress · 9 January 1995
Amends the Internal Revenue Code to make permanent the deduction for the health insurance costs of self-employed individuals.
Bill· HRH.R. 452 (104th)referred
United States · United States Congress · 9 January 1995
Amends the Foreign Agents Registration Act of 1938 to replace references to: (1) "agent" with "representative"; and (2) "propaganda" with "promotional or informational materials." Includes within the definition of "representative of a foreign principal" any person who engages in political activities to further commercial, industrial, or financial operations with a foreign principal. Excludes from such definition any incorporated, nonprofit membership organization organized under U.S. laws that is registered under the Federal Regulation of Lobbying Act, that has obtained tax-exempt status, and whose activities are directed in whole by U.S. citizens. Provides that a foreign principal shall be considered to control a person in major part if: (1) such principal holds more than 50 percent equitable ownership in such person; or (2) subject to rebuttal evidence, such principal holds from 20 to 50 percent equitable ownership in such person. Includes within the definition of "political consultant" any person who distributes political promotional or informational materials to a Federal officer or employee, in his or her capacity as an officer or employee. Requires representatives of foreign principals who have filed registration statements to file supplements to such statements with the Attorney General on January 31 and July 31 of each year. Authorizes representatives with accounting systems using different fiscal years to petition the Attorney General to permit the filing of statements at the close of the first and seventh month of such fiscal year in lieu of the required dates. Repeals an exemption to registration requirements for persons representing foreign governments whose defense is deemed vital to the defense of the United States. Provides that the exemption from the registration requirement for individuals providing legal representation for a foreign principal before a U.S. agency shall apply only to representation before the Patent and Trademark Office. Provides for civil penalties for failures to file registration statements and for omitting material facts or making false statements on registration statements. Authorizes the Attorney General to serve civil investigative demands on persons in control of materials relevant to investigations concerning violations of registration requirements. Redesignates the Foreign Agents Registration Act of 1938 as the Foreign Interests Representation Act.
Bill· HRH.R. 441 (104th)referred
United States · United States Congress · 9 January 1995
Amends the Internal Revenue Code to provide a one-time exclusion of gain from the sale of farmland by a taxpayer who has attained the age of 55 to a beginning farmer.
Bill· HRH.R. 438 (104th)referred
United States · United States Congress · 9 January 1995
Illegal Alien Credit Denial Act - Amends the Internal Revenue Code to make illegal aliens ineligible for the earned income credit. Requires the verification of taxpayer identification numbers of the taxpayer and qualifying children on returns claiming such credit.
Bill· HRH.R. 433 (104th)referred
United States · United States Congress · 9 January 1995
Amends the Internal Revenue Code to eliminate the ten percent adjusted gross income threshold for casualty loss deductions.
Bill· HJRESH.J.Res. 49 (104th)open
United States · United States Congress · 9 January 1995
Constitutional Amendment - Prohibits Federal outlays of operating funds from exceeding receipts to such funds for any fiscal year plus any operating fund balances carried over from previous fiscal years. Waives such prohibition: (1) when a declaration of war is in effect; (2) when the United States by law is engaged in military conflict; or (3) if economic growth has been or will be negative for two consecutive quarters. Requires the President to propose a budget in accordance with this Act. Declares that total receipts exclude those derived from net borrowing. Declares that total outlays excludes those for repayment of debt principal and for capital investments in physical infrastructure that provide long-term economic returns but includes an annual debt servicing charge. Provides that the Federal Old-Age and Survivors Insurance Trust Fund and the Federal Disability Insurance Trust Fund shall not be counted as receipts or outlays.
Bill· SS. 161 (104th)open
United States · United States Congress · 5 January 1995
American Family Business Preservation Act - Amends the Internal Revenue Code to reduce the rate of estate tax on certain family-owned businesses. Provides for a recapture of tax benefits if the business is not held for at least ten years by the heirs or the heirs do not materially participate during such ten years. Provides that the limitation on the four percent rate of interest on estate tax extended for estates consisting largely of a closely held business is not applicable to estate tax attributable to qualified family-owned business interests. Extends the alternate valuation date from six months to 40 months for estates consisting largely of qualified family-owned business interests. Increases the tax exclusion for gifts to ancestors or descendants. Increases the unified estate and gift tax credits.
Bill· SS. 169 (104th)open
United States · United States Congress · 5 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.
Bill· SS. 165 (104th)referred
United States · United States Congress · 5 January 1995
Tax Fairness and Accountability Act of 1995 - Requires an affirmative vote of three-fifths of the Members of the Senate to approve any bill or amendment which increases the tax rate. Amends the Congressional Budget Act of 1974 to declare that any bill, resolution, or amendment that reduces revenues may be approved by a simple majority of the Senate.
Bill· SS. 159 (104th)referred
United States · United States Congress · 5 January 1995
Individual Investment Account Act of 1995 - Amends the Internal Revenue Code to allow a deduction for amounts contributed to individual investment accounts. Allows tax-free distributions, limited to $15,000 for all taxable years, from such accounts for use in the purchase of a principal residence by a first-time homebuyer. Makes such accounts tax-exempt unless the individual engages in prohibited transactions. Adjusts dollar limitations under this Act for inflation. Allows such deduction in determining adjusted gross income. Exempts such accounts from estate tax. Excludes from gross income gain from the sale or exchange of property if, during the five-year period ending on the date of the sale or exchange, such property has been owned and used by the taxpayer as a principal residence for periods aggregating three years or more. Limits such exclusion to the amount paid to an individual investment account during the one-year period beginning on the date of the sale or exchange. Provides for adjusting the basis of a residence acquired through the use of an individual investment account.
Bill· SS. 168 (104th)referred
United States · United States Congress · 5 January 1995
TABLE OF CONTENTS: Title I: Health Care Security Subtitle A: Universal Coverage and Individual Responsibility Subtitle B: Benefits Subtitle C: State Role in Reform Subtitle D: Expanded Access to Health Plans Subtitle E: Standards for Reform Subtitle F: Federal Responsibilities Subtitle G: Miscellaneous Employer Requirements Subtitle H: General Definitions; Miscellaneous Provisions Title II: New Benefits Subtitle A: Home and Community-Based Services Subtitle B: Life Care Subtitle C: Sense of the Committee with Regard to Prescription Drugs Title III: Public Health Initiatives Subtitle A: Workforce Priorities Under Federal Payments Subtitle B: Health Research Initiatives Subtitle C: Health Services for Medically Underserved Populations Subtitle D: Assistance for State Managed Mental Health and Substance Abuse Programs Subtitle E: Comprehensive School Health Education; School-Related Health Services Subtitle F: Public Health Service Initiative Title IV: Medical Malpractice Subtitle A: Liability Reform Subtitle B: Other Provisions Relating to Medical Malpractice Liability Title V: Fall-Back Premium Limits in Cases of Ineffective Competition; Premium-Based Financing; Assistance to Low Income Individuals and to Businesses Subtitle A: Fall-Back Premium Limits Subtitle B: Premium-Related Financings Subtitle C: Payments to Health Plans and Miscellaneous Provisions Subtitle D: Cost-Sharing Assistance, Application for Assistance and Premium Discounts, and Income Reconciliation Title VI: Aggregate Government Payments Subtitle A: Aggregate Federal Payments to Participating State Subtitle B: Borrowing Authority to Cover Cash-Flow Shortfalls Subtitle C: Miscellaneous Provisions Affordable Health Care for All Americans Act - Title I: Health Care Security - Subtitle A: Universal Coverage and Individual Responsibility - Entitles each U.S. citizen or national, resident alien, and long-term nonimmigrant (except for individuals exempt from paying Social Security taxes and except for individuals eligible under title XVIII (Medicare) of the Social Security Act)) to the benefits required under subtitle B. (Sec. 1004) Declares that: (1) subject to exception, the applicable health plan for a family is a community-rated plan for the community-rating area in which the family resides; and (2) the applicable health plan for a family member eligible to enroll in an experienced-rated (sic) plan is such an experienced-rated (sic) plan. Allows eligible individuals who are permitted to elect coverage under more than one plan to elect which will be the applicable plan. (Sec. 1005) Prohibits aliens who are not eligible individuals from obtaining benefits through enrollment under this Act. Allows benefits to lawful nonimmigrants (who are not long-term nonimmigrants) only in accordance with any reciprocal agreements between the United States and foreign States. (Sec. 1011) Requires, subject to exception, all members of the same family to be enrolled in the same applicable plan. Authorizes national rules regarding who will be treated as children under this Act. (Sec. 1012) Provides for the treatment of certain families that include: (1) Medicare-eligible individuals; (2) recipients under part A (Aid to Families with Dependent Children (AFDC)) of the Social Security Act; and (3) disabled and nondisabled recipients under title XVI (Supplemental Security Income for the Aged, Blind, and Disabled (SSI)) of the Social Security Act. Allows qualifying students to enroll in a community-rate plan for the area in which the school is located. (Sec. 1013) Requires individuals (and their spouses) who are eligible as an employee for more than one plan to elect the applicable plan. Subtitle B: Benefits - Requires a certified health plan to provide benefits actuarially equivalent to the BlueCross-Blue Shield standard option plan provided under the Federal Employees Health Benefits Program (FEHBP) on January 1, 1995. Includes in minimum services: (1) hospital services; (2) health professionals' services; (3) emergency and ambulatory medical and surgical services; (4) clinical preventive services; (5) mental illness and substance abuse services; (6) family planning services and services for pregnant women; (7) hospice care, home health care, extended care services, outpatient rehabilitation services, and ambulance services; (8) outpatient laboratory, radiology and diagnostic services; (9) outpatient prescription drugs and biologicals; (10) durable medical equipment; (11) vision care and dental care for children; and (12) patient care costs of qualified investigational treatments. Prohibits scope or duration limits on certain services. Declares that certain services are not medically necessary or appropriate. Prohibits cost-sharing for preventive and prenatal services. Mandates establishment of three model certified plans having cost-sharing and scope and duration limits appropriate for fee-for-service plans, preferred provider plans, and health maintenance organization (HMO) plans. Requires a study on the provision and enrollment patterns of certified plans. (Sec. 1102) Declares that a health professional or a health facility may not be required to provide an item or service under a certified plan if the professional or facility objects on the basis of a religious belief or moral conviction. (Sec. 1103) Prohibits balance billing. Subtitle C: State Role in Reform - Requires each State to establish a State market reform program (SMRP) meeting the requirements of this title. (Sec. 1202) Mandates certain SMRP actions, including regarding certification of insured health plans, establishment of community rating areas, certification of purchasing cooperatives, establishment of purchasing cooperative coordination rules, development of standardized comparative certified plan information and information on accessing plans and cooperatives, providing for risk adjustment programs for community-rated and association health plans, and enrollment periods. (Sec. 1209) Authorizes a SMRP to certify a network plan to operate in a service area different from the borders of a community rating area if certain requirements are met. (Sec. 1210) Allows a State, on approval by the Secretary of Health and Human Services and notwithstanding specified provisions of this Act, to tighten premium rate bands beyond the variation permitted, establish association plan rules more restrictive than provided for, and establish financial solvency requirements exceeding requirements. (Sec. 1211) Mandates establishment (by grant or contract) and oversight of a National Center of Consumer Advocacy to provide technical assistance, training, and support to States and Offices of Consumer Advocacy in each State. (Sec. 1212) Requires each participating State to establish a procedure for exempt employers to elect to be treated as a community- rated employer. (Sec. 1222) Sets forth requirements for single-payer systems, including: (1) operation by the State or a designated agency of the State; (2) enrollment of all individuals in the State, subject to exception; (3) payments made by the State (directly or through fiscal intermediaries) to providers; (4) coverage of all items and services as required by subtitle B of this title (allowing reduced but not increased cost-sharing); (5) limiting the health care spending increase rate; and (6) meeting the requirements applicable to certified plans. Subtitle D: Expanded Access to Health Plans - Requires that each employer make available to each employee the opportunity to enroll in one of at least three certified plans, including either a fee-for-service plan or a point-of-service option. Allows a small employer (defined as having fewer than 100 employees) to meet this requirement through a purchasing cooperative; requires a large employer (defined as having 100 or more employees) to meet this requirement only through offering experience-rated health plans. Provides for payroll withholding of any required employee premiums. (Sec. 1302) Allows small employer employees who are community- rated individuals to elect to enroll in any certified plan in the community rating area in which the employees work or live. (Sec. 1311) Allows a State to establish or charter purchasing cooperatives. Prohibits any individual or entity engaged in the sale of health insurance from forming or underwriting a purchasing cooperative (PC) or holding or controlling any right to vote regarding a PC. (Sec. 1313) Requires PCs to: (1) accept all small employers and individuals eligible for coverage in the community-rated market and residing in the area served by the cooperative; and (2) enter into agreements with at least three certified plans providing the benefits described in subtitle B, including at least one fee-for-service plan or point-of-service plan. Prohibits PCs from: (1) being involved in approval or enforcement of payment rates for providers; (2) being involved in the compliance of certified plans; or (3) assuming financial risk relating to a plan. (Sec. 1321) Requires certified association plans (APs), except as otherwise provided, to meet all requirements of this Act for certified plans offered by large employers. Requires, for APs meeting those requirements, treating: (1) the AP as a plan established and maintained by a large employer; and (2) individuals enrolled in the AP as experience-rated individuals. Requires an AP to cover at least 500 lives. Declares that the certifying authority for APs is: (1) the Secretary of Labor for a certified AP that is a multistate self- insured plan; (2) the State for a certified AP that is a single State self-insured plan. Applies risk adjustment provisions of this Act to APs. Mandates solvency standards for APs. (Sec. 1324) Repeals specified provisions of the Employee Retirement Income Security Act of 1974 (ERISA) relating to multiple employer welfare arrangements. (Sec. 1325) Requires church plans and multiemployer plans, except as otherwise provided, to meet all requirements of this Act for certified plans offered by large employers. Requires, for plans meeting those requirements, treating: (1) the plan as a plan established and maintained by a large employer; and (2) individuals enrolled in the plan as experience-rated individuals. Declares that the certifying authority for such plans is the Secretary of Labor. Sets forth risk adjustment and solvency requirements. (Sec. 1331) Requires any health plan participating under the Federal Employees Health Benefits Program to offer the plan to community-rated individuals and small employers in community rating areas served by the plan at a premium established in accordance with specified provisions of this Act. Subtitle E: Standards for Reform - Sets forth requirements regarding certified health plans. Requires a plan sponsor offering a community-rated plan to offer the plan to any community-rated individual and a plan sponsor offering an experience-rated plan to offer the plan to any experience-rated individual. Declares that a network plan may be made available only in a service area not identical to a community rating area if specified requirements are met. Mandates renewability, subject to exception. (Sec. 1413) Requires standard premiums within each community rating area to be the same for each plan. Requires the premium charged to be the product of the standard premium, an adjustment for the class of enrollment (individual, couple only, single parent, or dual parent), and an age adjustment factor. (Sec. 1414) Prohibits denial, limitation, or conditioning of coverage on any reason, including health status, except as provided in this Act. (Sec. 1416) Allows a plan to offer: (1) additional coverage only if offered and priced separately, if the purchase of the plan is not conditioned on purchase of additional coverage, and if the additional coverage is also offered to individuals not in the plan; and (2) a reduction in cost-sharing only to enrollees for a price that includes any use increase expected to result from the cost-sharing reduction. (Sec. 1417) Requires each community-rated plan to: (1) participate in a risk adjustment program; (2) meet financial solvency requirements; (3) provide information to the State; and (4) provide for quality improvement and quality assurance. Prohibits: (1) utilization management from creating financial incentives for reviewers to reduce or limit medically necessary or appropriate services; and (2) physician incentive plans unless in accordance with specified provisions of title XVIII (Medicare) of the Social Security Act. (Sec. 1421) Applies to each plan Medicare provisions relating to procedures to notify a patient of the patient's right to accept or refuse treatment and to execute an advance directive. Limits plan gatekeepers in complex or chronic health conditions so as to avoid undue enrollee burdens. Mandates procedures to protect confidentiality. Prohibits: (1) selective marketing; (2) patient lability for unpaid plan obligations; and (3) discrimination in selecting providers for a provider network based on the actual or anticipated health status of the provider's patients. Mandates: (1) physician participation in matters affecting patient care; and (2) patient ability to choose any primary care physician from among participating providers. (Sec. 1422) Requires certification of specified types of providers as essential community providers, including: (1) covered entities under provisions of the Public Health Service Act (PHSA); (2) Medicare-dependent small rural hospitals; (3) children's hospitals; (4) mental health and substance abuse providers receiving funds under specified provisions of the PHSA; (5) runaway homeless youth centers or homeless youth transitional living programs; (6) maternal and child health providers receiving funds under specified provisions of the Social Security Act; (7) rural health clinics; (8) school health services centers; and (9) nonprofit hospitals providing a specified percentage of services to individuals entitled to or eligible for benefits under Medicare or under title XIX (Medicaid) of the Social Security Act. Requires each plan, if such providers so elect, to have a written provider participation agreement with such providers or have an agreement to make payment to the provider. (Sec. 1423) Requires each plan to have in its network (or through other arrangements) a sufficient number, distribution, and variety of specialists to assure service availability to adults, infants, children, and persons with disabilities. Directs the Secretary of Health and Human Services to establish criteria for designating, and to designate, centers of specialized care. (Sec. 1424) Requires each plan to: (1) have the capacity, within its network or through arrangements with providers, to deliver the benefits required in subtitle B throughout the community rating area; and (2) provide emergency out-of-area and out-of-plan coverage for enrollees and urgent out-of-area coverage. (Sec. 1431) Specifies which certified health plan requirements apply to certified self-insured health plans. Applies certain fiduciary requirements of the Employee Retirement Income Security Act of 1974 (ERISA) to self-insured plans and imposes financial management and record keeping requirements. (Sec. 1441) Prohibits States from requiring: (1) the offering, as part of a certified plan, of any services different from the benefit categories of this Act; or (2) a right of conversion from a group certified plan to an individual certified plan. (Sec. 1442) Prohibits State limits, regulations, or prohibitions regarding: (1) incentives for certified plan enrollees to use participating providers; (2) limiting coverage to services provided by a participating provider; (3) rate and payment form negotiations; (4) limitations on the number of participating providers; (5) requiring that services be provided or authorized by a participating provider; (6) the corporate practice of medicine; (7) utilization management and review programs; (8) single-source suppliers; and (9) point-of-service options. (Sec. 1451) Sets forth plan standards for the interim period between January 1, 1996, and when the State becomes a participating State. Subtitle F: Federal Responsibilities - Directs the Secretary of Labor to develop and publish standards for certified self-insured plans and to provide for the certification of the plans. (Sec. 1502) Mandates procedures for corrective actions when a self-insured plan has failed to meet requirements. Provides for termination of self-insured plans. (Sec. 1503) Amends the Employee Retirement Income Security Act of 1974 (ERISA) to authorize special rules for the application of portions of ERISA to group health plans. (Sec. 1521) Requires sanctions and corrective action orders if a participating State fails to meet requirements of this Act. Allows the Secretary of Health and Human Services to carry out activities in the same manner as a participating State would. (Sec. 1522) Requires treating related employers as a single employer if a reason for their separation relates to their employees' health risk characteristics. (Sec. 1523) Mandates development of certification criteria for workplace wellness programs. (Sec. 1532) Repeals these provisions relating to collective bargaining dispute resolution on a specified date. Authorizes a health care entity or a labor organization certified or recognized as representing a health care entity's employees to request that the Director of the Federal Mediation and Conciliation Service appoint an impartial Health Care Board of Inquiry to investigate a collective bargaining dispute between the entity and the labor organization. Subtitle G: Miscellaneous Employer Requirements - Prohibits discrimination against employees on the basis of family status or class of family enrollment selected. (Sec. 1603) Makes it unlawful to take adverse action against an employee if a purpose of the action is to interfere with the employee's attainment of status as a qualifying employee, full time employee, or part-time employee, or if a purpose is to evade or avoid any obligation under this Act. (Sec. 1604) Allows a community-rated employer (and an experience- rated employer with respect to employees who are community-rated eligible individuals) to provide benefits to employees that consist of benefits in a cost-sharing policy only through a contribution toward the purchase of a cost-sharing policy that is funded primarily through insurance. Makes the responsibilities of individuals and employers in single payer States supersede their obligations under this subtitle. (Sec. 1605) Authorizes the Secretary of Labor to impose a civil money penalty for violations of this subtitle. Subtitle H: General Definitions; Miscellaneous Provisions - Sets forth definitions for purposes of this Act. (Sec. 1714) Amends the Davis-Bacon Act to modify the definitions of "wages" and related terms by adding references to this Act. Amends the Service Contract Act of 1965 to add references to this Act in provisions relating to required contract provisions. (Sec. 1715) Declares that it is the sense of the Committee on Labor and Human Resources of the Senate that, when this Act is enacted, it should include these sources of financing not within the jurisdiction of the Committee: (1) the net savings and revenues included in the Health Security Act; (2) a specified increase in the cigarette tax; (3) a phased-in premium assessment; (4) other savings or revenues as necessary to provide budget neutrality; and (5) a payroll assessment on exempt employers with specified numbers of workers. Title II: New Benefits - Subtitle A: Home and Community-Based Services - Sets forth requirements in order to approve a State plan for home and community-based services for individuals with disabilities, including: (1) State maintenance of effort (with a base amount set with regard to expenditures under title XIX (Medicaid) of the Social Security Act); (2) eligibility (including initial screenings, restrictions, and continuation of services during transition from Medicaid to the State plan); (3) types of providers and requirements for participation; (4) provider reimbursement; (5) State matching funds; and (6) health care worker redeployment. Mandates annual compliance monitoring. (Sec. 2103) Requires the State plan to specify the services available and any limitations on those services. Mandates a needs assessment, an individualized plan of care, care management services, coverage of personal assistance services. Sets forth a list of other services the plan may cover. Prohibits coverage of room and board or services in institutional settings. Declares that service recipients shall retain the right to independently select, terminate, and direct the work of a home care provider. (Sec. 2104) Prohibits cost-sharing for individuals with an income under a specified level. Mandates coinsurance and an annual deductible in graduated steps above that level. (Sec. 2105) Requires the plan to ensure and monitor service quality. Mandates State plan adherence to federal standards in: (1) case review; (2) mandatory reporting of abuse, neglect, and exploitation; (3) a registry of providers against whom complaints have been sustained; (4) sanctions on States or providers; (5) surveys of client satisfaction; and (6) State optional training programs for informal care givers. Requires client advocacy services. (Sec. 2106) Mandates a Federal advisory group and an advisory group in each State. (Sec. 2107) Sets forth formulas for payments to States. (Sec. 2108) Authorizes appropriations. Subtitle B: Life Care - Life Care Act - Amends the Public Health Service Act to create a new title establishing a voluntary insurance program for individuals 35 years old and over to cover nursing home stays. Covers the nursing facility services to inpatients of: (1) nursing care; (2) physical, occupational, or speech therapy; (3) medical social work; (4) drug, biological, supply, appliance, and equipment; (5) other services as necessary to the functioning of a patient, including personal care and assistance with activities of daily living; and (6) the portion of the first six months of room and board not covered by copayments. Limits the dollar amount of coverage to three levels electable by the individual. Mandates a report on the feasibility of making payments for services delivered in residential care facilities. Declares an individual eligible if the individual is a legal U.S. resident, needs hands-on or standby assistance, supervision, or cueing over at least 90 days, and has elected coverage. Makes individuals in a hospital or nursing home at the time of enrollment ineligible until their next spell of illness. Gives an individual the option to purchase coverage under this title when the individual is within six months of his or her 35th, 45th, 55th, or 65th birthday, with one premium rate for each of the periods between those birthdays or after the 65th birthday. Requires that covered services be provided by nursing homes certified by the State. Sets the monthly reimbursement at 80 percent of the amount reasonable and appropriate to cover costs. Mandates, to extent feasible, a prospective payment mechanism. Makes the benefit recipient responsible for specified percentages of room and board charges. Requires nursing facility services reimbursement, to the extent available, to be made under title XIX (Medicaid) of the Social Security Act, Department of Veterans Affairs' programs, or private insurance policies before reimbursement under this title. Directs the Secretary to contract with entities to act as Long- Term Care Screening Agencies for each designated area of the State to assess the eligibility of individuals for services under this title. Allows Screening Agencies to require payment from individuals only in accordance with standards set by the Secretary. Prohibits requiring payment from individuals with incomes below a specified level. Requires, notwithstanding any other law, that the assets an individual may retain and be eligible for nursing facility benefits under State Medicaid programs be increased by the amount of coverage elected under this title. Prohibits insurers from offering long-term care policies duplicating coverage provided under this title. Directs the Secretary to develop standard long-term care packages insurers may offer that complement this title. Subtitle C: Sense of the Committee with Regard to Prescription Drugs - Declares that it is the sense of the Committee on Labor and Human Resources of the Senate that, when this Act is enacted, it should include coverage of outpatient prescription drugs as included in the Health Security Act (as introduced in the 103d Congress) and providing for a deductible, coinsurance, and out-of-pocket limits not over specified amounts. Title III: Public Health Initiatives - Subtitle A: Workforce Priorities Under Federal Payments - Establishes in the Department of Health and Human Services the National Council on Graduate Medical Education. Repeals provisions of the Health Professions Education Extension Amendments of 1992 establishing the Council on Graduate Medical Education. (Sec. 3011) Allows payments to physician training programs in a medical specialty only if the program will ensure that the number of individuals enrolled in the program in the subsequent academic year is in accordance with these provisions. (Sec. 3012) Requires the National Council to designate, for each medical specialty for each academic year, starting with academic year 2001-2002, the number of individuals nationwide authorized to be enrolled in eligible programs, with at least 55 percent completing programs in primary care. Mandates interim voluntary targets set by the National Council. (Sec. 3013) Requires the National Council, for each academic year and each medical specialty, to make allocations among eligible programs of the number of positions for the year. (Sec. 3031) Mandates payments to qualified entities for the operational costs of an approved physician training program. Requires, in order to be qualified, that entities providing primary care training rotate enrollees to community programs in underserved areas. Specifies the amounts to be available for payments in certain calendar years under these provisions and under provisions relating to transitional payments to institutions. Declares that these amounts constitute the annual health professions workforce account. (Sec. 3041) Mandates payments to medical schools (to be administered as a grant) for the direct costs of academic programs, including the education of medical students, graduate students in biomedical sciences, and otherwise unfunded faculty research. Specifies the amounts to be available for payments in certain academic years. Declares that these amounts constitute the annual medical school fund account. (Sec. 3051) Mandates payments to academic health centers or teaching hospitals (to be administered as a contract, grant, or cooperative agreement) for costs not routinely incurred by other entities providing health services but are incurred by such institutions by virtue of their academic nature, including productivity decreased by teaching responsibilities, uncompensated costs of clinical research, and exceptional costs associated with treatment using the institution's specialized expertise. Specifies the amounts to be available for payments in certain calendar years. Declares that these amounts constitute the annual academic health center account. (Sec. 3061) Requires transitional payments to eligible entities losing specialty positions to assist operational costs. (Sec. 3071) Mandates a program regarding graduate nurse training programs (nurse program) equivalent to the program in previous provisions of this Act relating to physician training programs (physician program). Applies the physician program provisions of this Act to the nurse program provisions of this Act, including calling the council established the National Council on Graduate Nurse Education. (Sec. 3073) Specifies the amounts to be available for payments in certain calendar years. Declares that these amounts constitute the annual graduate nurse training account. (Sec. 3081) Sets forth transitional provisions, terminating them on a specified date and applying them only to health care entities employing more than 25 individuals. Requires hiring preference for displaced employees of those entities and provides for termination of preference eligibility. Requires successor health care entity employers to provide employees of the previous entity continued employment unless their positions no longer exist. Regulates collective bargaining matters during the transition period. Provides for enforcement of these transitional provisions. Subtitle B: Health Research Initiatives - Makes available specified percentages of the premiums required to be paid under this Act. Amends the Public Health Service Act (PHSA) to make those amounts available to: (1) the Office of the Director of the National Institutes of Health (NIH), to be used to carry out the responsibilities of the Office and for construction and acquisition of equipment or facilities; (2) the National Center for Research Resources to carry out provisions of the National Institutes of Health Revitalization Act of 1993 concerning biomedical and behavioral research facilities; (3) carry out PHSA provisions regarding health information communications; and (4) the NIH institutes. (Sec. 3102) Amends provisions of the PHSA to require the Agency for Health Care Policy and Research to conduct and support U.S. health care reform research. Authorizes appropriations. Subtitle C: Health Services for Medically Underserved Populations - Authorizes appropriations to carry out specified provisions of this subtitle. Declares that these authorizations are in addition to any others for the same purposes. (Sec. 3321) Authorizes grants and contracts for: (1) the development of community groups to provide benefits under subtitle B of title I of this Act in health professional shortage areas or to members of a medically underserved population; and (2) the expansion and development of health delivery sites and services. (Sec. 3322) Specifies permitted fund uses, including: (1) recruitment, compensation, and training of professional and administrative staff; (2) purchase and upgrading of equipment, supplies, and information systems; and (3) establishment of reserves for furnishing services on a prepaid or capitated basis. (Sec. 3341) Mandates grants and loans to eligible entities, essential access community hospitals, and rural primary care hospitals for the capital costs of developing community health groups and expanding or developing health delivery sites. (Sec. 3361) Authorizes grants and contracts with eligible entities to provide services to increase the capacity of individuals to use the benefits under title I (including transportation, outreach, patient and family education, translation services, case management, and home visiting) and to provide access to essential supplemental services that are not fully reimbursable under title I before a specified date. Authorizes appropriations in addition to any other authorizations. (Sec. 3371) Authorizes appropriations to carry out provisions of the Public Health Service Act (PHSA) relating to the National Health Service Corps and to carry out these provisions on nurse participation in PHSA scholarship and loan repayment programs. Requires reservation of sufficient funds to ensure that a specified percentage of the participants in those programs are being educated in specified nursing fields. (Sec. 3373) Requires reservation of sufficient funds to ensure that a specified percentage of the participants in those programs are being educated or are serving as psychiatrists, psychologists, and clinical social workers. (Sec. 3381) Directs the Secretary of Health and Human Services to make payments to eligible hospitals. Declares that this: (1) is an entitlement in the Secretary on behalf of the hospitals but not an entitlement in the State in which any hospital is located or in any individual receiving hospital services; and (2) constitutes budget authority in advance of appropriations and the obligation of the Government to provide funding in specified amounts for certain years. (Sec. 3382) Identifies as eligible those hospitals with low income use rates of at least a specified percentage. (Sec. 3383) Regulates the amount of payments. (Sec. 3391) Declares that it is the sense of the Senate Committee on Labor and Human Resources that this Act and later appropriations Acts should recognize the success of community and migrant health centers. Subtitle D: Assistance for State Managed Mental Health and Substance Abuse Programs - Mandates grants to States for the development and operation of comprehensive managed mental health and substance abuse programs integrated with the health delivery system established under this Act. Authorizes appropriations. Subtitle E: Comprehensive School Health Education; School- Related Health Services - Mandates grants to State educational agencies to integrate comprehensive school health education. Authorizes requirements waivers for the Prevention, Treatment, and Rehabilitation Model Projects for High Risk Youth, the State and Local Comprehensive School Health Programs to Prevent Important Health Problems and Improve Educational Outcomes, and programs carried out under certain provisions of the Drug-Free Schools and Communities Act of 1986. Authorizes appropriations. (Sec. 3503) Establishes the Healthy Students-Healthy Schools Interagency Task Force. (Sec. 3504) Directs the Secretary of Health and Human Services to establish and maintain a national clearinghouse and mechanisms for the dissemination of school health education material. (Sec. 3581) Authorizes appropriations for: (1) planning and development grants to local community partnerships (LCPs), both directly and through State health agencies; and (2) operational grants to LCPs, both directly and through States. Requires that LCPs include at least one local health care provider, one local educational agency on behalf of one or more public schools, and one community-based organization. Authorizes the Secretary to make the grants to develop and operate school-based or school-linked health service sites. Limits the Federal share of operational grants. Subtitle F: Public Health Service Initiative - Directs the Secretary of Health and Human Services to pay, under specified provisions of this Act, certain amounts for: (1) health services research activities; (2) the development of community groups to provide benefits in health professional shortage areas or to members of a medically underserved population and the expansion and development of health delivery sites and services; (3) the capital costs of developing community health groups; (4) increasing the capacity of individuals to use benefits; (5) providing access to essential supplemental services not fully reimbursable before a specified date; (6) the National Health Service Corps; (7) comprehensive managed mental health and substance abuse programs; and (8) school-based or school-linked health service sites. Title IV: Medical Malpractice - Subtitle A: Liability Reform - Applies this subtitle to any medical malpractice liability action in State or Federal court except for actions under title XXI (Vaccines) of the Public Health Service Act. (Sec. 4002) Requires parties, before or after beginning a medical malpractice action, to participate in the alternative dispute resolution system (ADR) administered by the State. Requires each State to adopt at least one ADR satisfying specified requirements. (Sec. 4003) Limits attorneys contingent fees. (Sec. 4004) Reduces damages for collateral source recovery. (Sec. 4005) Allows a party to ask the court to award future damages on a periodic basis. Subtitle B: Other Provisions Relating to Medical Malpractice Liability - Mandates grants to States for malpractice reform demonstration projects assessing the fairness and effectiveness of one or more of no-fault liability, enterprise liability, or practice guidelines. Authorizes appropriations. Title V: Fall-Back Premium Limits in Cases of Ineffective Competition; Premium-Based Financing; Assistance to Low Income Individuals and to Businesses - Subtitle A: Fall-Back Premium Limits - Directs the Secretary of Health and Human Services to: (1) compute and publish annually an area inflation factor for each community rating area; (2) determine baseline premium amounts; and (3) annually determine baseline premiums for each community rating area. (Sec. 5004) Regulates the process for community-rated plan's submitting premium rate bids to States and premium bids to cooperatives. Conditions community and cooperative bids on the plan s agreement to accept any payment reduction that may be imposed under these provisions. (Sec. 5005) Allows any State to assume responsibility for containment of health care expenditures. (Sec. 5011) Directs the Secretary to develop and use a method to reduce payments to each noncomplying plan in a noncomplying community rating area. Defines "noncomplying community rating area" as one in which the weighted average accepted bid exceeds the community rating area baseline premium. Defines "noncomplying plan" as a plan in a noncomplying area if the premium rate exceeds the baseline premiums. (Sec. 5012) Requires community-rated plans to include in their contracts with providers a provision reducing provider payments if the plan is noncomplying. (Sec. 5021) Directs the Secretary to develop a method for calculating an annual per capita expenditure equivalent for amounts paid for benefit package coverage by a large employer. (Sec. 5022) Directs the Secretary of Labor to take corrective action if a large employer has two years in which the rate of increase exceeds the national corporate inflation factor. Requires considering the large employer a small employer and requiring it to make premium payments in accordance with specified provisions of this Act. (Sec. 5031) Directs the Secretary of Health and Human Services, for a statewide single-payer State, to compute a statewide per capita premium target in the same manner as the community rating area per capita premium target. Subtitle B: Premium-Related Financings - Makes each family enrolled in a community- or experience-rated plan responsible for payment of the family share of premium. Allows payment of the premium by an employer or another person. (Sec. 5102) Provides for family credits for community- and experience-rated plans. (Sec. 5103) Provides for a premium discount for families that: (1) are AFDC families or SSI; (2) have a family income below a certain level; or (3) have a family obligation that would otherwise exceed specified percentages of family income. (Sec. 5110) Makes families that are provided a family credit liable for repayment of the base employment monthly premium. Reduces that amount by the amount of: (1) any employer payments made based on the net earnings from self-employment; and (2) employer premiums payable. (Sec. 5112) Limits repayment liability for low income families. (Sec. 5113) Regulates the net liability of families with one or more nonqualifying employees and no full-time qualifying employees. (Sec. 5114) Provides for special treatment for certain individuals eligible for Medicare. (Sec. 5116) Exempts small employers (no more than 10 employees and average annual wages under a specified amount) from these requirements on employer premium payments. (Sec. 5118) Allows an exempt employer to elect to be treated as a community-rated employer. Requires treating an exempt employer as a community-rated employer after an election and makes the employer eligible for discounts. (Sec. 5120) Applies Medicare rules relating to Medicare as a second payer to individuals eligible for premium assistance under this title in relation to any non-electing employer. (Sec. 5121) Requires community-rated employers to pay at least a specified amount of the premium payment for each qualifying employee. (Sec. 5122) Requires each State to provide for the annual computation of a base employment premium for each class of family enrollment. (Sec. 5123) Limits the amount of the employer s required premium payment to a specified percentage of the qualifying employee s wages, with different levels for medium employers (eleven to 75 employees) and small employers. Provides for the treatment of certain self- employed individuals. Requires, for employers that make premium payments in more than one community rating area, application of the reduction in a pro-rated manner to the payments in all areas. (Sec. 5124) Adjusts employee payments of large employers if certain average costs and rate increases exceed limits. (Sec. 5125) Considers a self-employed individual to be an employer of himself or herself and to pay wages to himself or herself equal to the amount of net earnings from self-employment. Limits the payment obligation of certain individuals to a specified amount. (Sec. 5131) Requires each experience-rated large employer to contribute to premiums in specified amounts. Increases the share of large employers for low income employees entitled to a premium discount. Subtitle C: Payments to Health Plans and Miscellaneous Provisions - Makes States responsible for assisting plans and cooperatives in premium collection. (Sec. 5202) Makes the payment amount for a community-rated plan equal to a blended payment amount reflecting the final bid for each plan, the number of enrollees in each class, and the proportion of AFDC and SSI beneficiaries in the area. (Sec. 5203) Requires States to develop and implement adjustments (including risk adjustment, reinsurance, premium discounts, and adjustments to reflect AFDC and SSI beneficiaries) necessary to reconcile the amounts collected by plans with the amounts owed to the plans. (Sec. 5204) Requires each State to compute and publish specified components of the general family share of premiums and the general employer premium payment amount. (Sec. 5205) Declares that the obligations of an employer regarding employees that reside in a single-payer State supersede the obligations of an employer to provide for payments under specified provisions of this Act. (Sec. 5207) Requires, if an employer makes available a voluntary payment on behalf of an employee in a community- or experience-rated plan and except as provided under collective bargaining agreements, that the employer make such a voluntary payment in the same dollar amount available to all qualifying employees of the employer in any community- or experience-rated plan in the same class of enrollment and the same area. Prohibits employers from discriminating in the terms or conditions of employment based on the health plan (or the premium of a plan) in which an employee is enrolled. (Sec. 5208) Requires employers to deduct from the wages of qualifying employees the amount of the family share of the premium. Mandates that States require payment for families that do not include a qualifying employee to be made prospectively. Subtitle D: Cost-Sharing Assistance, Application for Assistance and Premium Discounts, and Income Reconciliation - Entitles AFDC, SSI, and low income families to a reduction in cost-sharing, unless: (1) for community-rated families, there are sufficient at- or below- average cost plans with cost-sharing similar to the model certified preferred provider network plans or model certified health maintenance organization plans established under this Act; or (2) for experience- rated families, the employer offers such a plan. (Sec. 5302) Allows a family to apply for a determination of the family adjusted income or wage adjusted income of the family to establish eligibility for cost-sharing reductions, premium discounts, and reductions in liability. Makes each individual who knowingly understates income or otherwise makes a material misrepresentation liable to the State for triple the excess payments and interest. (Sec. 5303) Requires families with premium discounts or reductions in liability to file an income reconciliation statement for the year. Mandates related payment adjustments. (Sec. 5304) Requires States to make eligibility determinations for premium discounts, liability reductions, and cost-sharing reductions in a way that keeps error rates below a level specified by the Secretary of Health and Human Services or the Secretary of Labor. Title VI: Aggregate Government Payments - Subtitle A: Aggregate Federal Payments to Participating State - Directs the Secretary of Health and Human Services to provide for payments to each participating State of the capped Federal payment amount. Declares that this constitutes budget authority in advance of appropriations Acts and represents the obligation of the Government to provide for the payments. Sets forth a formula for determination of amounts, including determination of caps. Provides for the handling of anticipated shortfalls. Subtitle B: Borrowing Authority to Cover Cash-Flow Shortfalls - Authorizes the Secretary of Health and Human Services to make loans available to States to cover temporary cash-flow shortfalls. (Sec. 6102) Provides for the use of funds resulting from estimation discrepancies. Subtitle C: Miscellaneous Provisions - Declares that it is the sense of the Committee on Labor and Human Resources that, when this Act is enacted, it should include requirements that States: (1) pay premiums for AFDC and SSI recipients at a level established as described in the Health Security Act; and (2) make maintenance of effort payments to be included in the amounts receivable under certain provisions at a level established as described in the Health Security Act.
Bill· HRH.R. 430 (104th)referred
United States · United States Congress · 5 January 1995
National Dividend Act of 1995 - Establishes a program for the distribution of certain corporate tax revenues to the registered voters of each State in the form of dividend payments. Directs the Secretary of the Treasury to pay to the chief financial officer of each State, in accordance with a prescribed schedule, an amount equal to the National Dividend Payment, as computed under this Act, multiplied by the number of registered voters in the State. Establishes in the Treasury the National Dividend Payment Trust Fund. Authorizes payment into the Fund of specified amounts from revenue received from: (1) the corporate income tax; (2) the tax on the unrelated business income of certain tax-exempt organizations; (3) the capital gains tax; (4) the tax on insurance company income; and (5) the alternative minimum tax on corporations. Establishes a National Dividend Review Board to review the manner in which payments are made from the Fund and to make investments of Fund amounts. Amends the Internal Revenue Code to exclude from gross income all dividend income received by a taxpayer from domestic corporations, including dividends received under this Act. Increases the corporate income tax deduction for dividends received by a corporation on the preferred stock of a public utility. Prohibits corporate income tax rates from exceeding 34 percent. Amends the Congressional Budget and Impoundment Control Act of 1974 to declare it out of order in either the House of Representatives or the Senate to consider budget resolutions for FY 1995 and thereafter that would increase the level of total budget outlays beyond those budgeted for FY 1995.
Bill· HRH.R. 425 (104th)referred
United States · United States Congress · 5 January 1995
TABLE OF CONTENTS: Title I: Tax Incentives Regarding Rural Health Care Title II: Public Health Service Programs Regarding Rural Health Care Subtitle A: National Health Service Corps Subtitle B: Other Programs Regarding Rural Health Care Title III: Provisions Relating to the Medicare Program Title IV: Treatment of Student Loans for Health Professionals Rural Health Professional Shortage Act of 1995 - Title I: Tax Incentives Regarding Rural Health Care - Amends the Internal Revenue Code to exclude from gross income any payment made on behalf of a taxpayer by the National Health Service Corps Loan Repayment Program. (Sec. 102) Permits a deduction for medical education loan interest incurred by health professionals serving in medically underserved rural areas. (Sec. 103) Provides a credit for a qualified primary health services provider providing primary health services full time to an individual residing in a rural health professional shortage area and who: (1) is not receiving a National Health Service Corps Scholarship as a loan repayment under the National Health Service Corps Loan Repayment Program; (2) is not fulfilling service obligations under such Programs; and (3) has not defaulted on such obligations. (Sec. 104) Provides for an increase in the amount which may be expensed as depreciable business assets in the case of rural health care property. Title II: Public Health Service Programs Regarding Rural Health Care - Subtitle A: National Health Service Corps - Amends the Public Health Service Act to add criteria for use in determining health professional shortage areas by including in the criteria the number of individuals paying for health services through Medicare or Medicaid and the number of individuals who have no health insurance, as well as the number of physicians who will accept Medicare and Medicaid patients. (Sec. 202) Requires that at least five percent of appropriations for the National Health Service Corps be used for special loans for former Corps members to enter private practice in health professional shortage areas. (Sec. 211) Provides increased funding for the Scholarship Program and the Loan Repayment Program. (Sec. 212) Directs the Secretary of Health and Human Services to give priority in making scholarships to individuals from rural backgrounds who are likely, after their service, to serve in a rural health professional shortage area. (Sec. 221) Establishes the Rural Primary Health Care Fund for the purpose of making loans to assist individuals with the costs of attending professions schools if the individuals agree to provide primary health services in an underserved rural area. Authorizes appropriations. Subtitle B: Other Programs Regarding Rural Health Care - Requires a State, in order for the State to receive a grant for an Office of Rural Health, to undertake activities to recruit and train physicians to serve in rural areas. Authorizes appropriations for such Offices. (Sec. 232) Authorizes appropriations for area health education center programs. Title III: Provisions Relating to the Medicare Program - Amends title XVIII (Medicare) of the Social Security Act to eliminate, after a specified fiscal year, the geographic adjustment factor from the formula used to determine Medicare payment for physician's services. Increases rural geographic index values so that, by that fiscal year, the values will be the same for all fee schedule areas. Decreases index values for other areas so as to avoid a resulting increase in total payments. (Sec. 302) Amends title XI, Part A (General Provisions) of the Social Security Act to exempt rural hospitals from provisions relating to illegal remunerations, allowing repayment of medical education loans or subsidization of medical practice startup costs. (Sec. 303) Amends Medicare provisions to authorize incentive payments to service providers in health professional shortage areas or if a specified percentage of the provider's patients are: (1) entitled to Medicare or Medicaid (title XIX of the Social Security Act) benefits; or (2) patients for whom the provider received no payment. (Current law authorizes the payments to physicians in health professional shortage areas.) Title IV: Treatment of Student Loans for Health Professionals - Amends the Higher Education Act of 1965 to defer certain student loan repayments for a borrower who is serving in an internship or residency program in a health facility located in a rural area.
Bill· HJRESH.J.Res. 48 (104th)referred
United States · United States Congress · 5 January 1995
Constitutional Amendment - Prohibits the Congress from passing any law increasing taxes or fees which takes effect prior to its enactment.
Bill· SS. 94 (104th)open
United States · United States Congress · 4 January 1995
Amends the Congressional Budget Act of 1974 to prohibit the House of Representatives or the Senate from considering any bill, joint resolution, amendment, motion, or conference report that increases a tax and applies such increase to taxable years beginning before the date of the enactment of the law. Provides that a point of order raised under any such measure may be waived only by a three-fifths vote in the Senate.
Bill· SS. 46 (104th)open
United States · United States Congress · 4 January 1995
TABLE OF CONTENTS: Title I: Control of Congressional Campaign Spending Title II: Independent Expenditures Title III: Expenditures Title IV: Contributions Title V: Reporting Requirements Title VI: Federal Elections Commission Title VII: Miscellaneous Title VIII: Effective Dates; Authorizations Senate Campaign Financing and Spending Reform Act - Makes findings and declarations of the Senate. Title I: Control of Congressional Campaign Spending - Subtitle A: Senate Election Campaign Spending Limits and Benefits - Amends the Federal Election Campaign Act of 1971 (FECA) to make Senate candidates eligible to receive benefits under this title if they meet certain contribution (including multicandidate political committee (PAC) contribution) and expenditure limits. Limits Senate primary expenditures for a candidate (or his or her authorized committees) to: (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 $950,000, or $400,000 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 tax expenditures. Entitles eligible Senate candidates to certain broadcast media rates, mailing rates, public financing payments, and in certain circumstances, payments compensating for independent expenditures and excess expenditures (if any) 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 ten percent of all Senate 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. Requires deposit of all such amounts into the Senate Election Campaign Fund (established by this Act). Provides for judicial review of Commission actions and requires Commission reports to the Senate. Establishes in the Treasury the Senate Election Campaign Fund, for payments to eligible Senate candidates. Provides for reductions in payments in the event of insufficient funds, and compensatory increases in contribution limits. Amends the Internal Revenue Code to permit a taxpayer to designate an additional amount of five dollars (ten for a joint return) for the Senate Election Campaign Fund. Amends FECA to prohibit Federal election activities by 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. 103) Sets forth reporting requirements for Senate candidates not eligible for FECA benefits. Requires reports to the Secretary within 24 hours of any contributions raised and expenditures made in excess of FECA limits. Allows the Commission to make its own determination of whether an ineligible candidate exceeds 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 24 hours 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. 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." Subtitle B: 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 and the last 45 (currently 60) days before a general election, 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 45 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. 132) Amends Federal law to permit eligible Senate candidates to mail up to one piece per eligible voter (voting age population) at the lowest third-class non-profit postage rate, during a general election period only. (Sec. 134) Requires a clear statement of responsibility in advertisements with: (1) a clearly readable type and color contrasts for print advertisements; (2) clearly readable type, color contrasts, the candidate's image, and for a duration of at least four seconds, for television advertisements; (3) a clearly spoken message by the candidate for both television and radio advertisements; and (4) a clearly spoken message of content responsibility. (Sec. 136) 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. Restricts mass mailings of a Member of the House to the Member's district. Title II: 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. Title III: Expenditures - Subtitle A: 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. (Sec. 302) 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 vendors of advertising and mass mailing services. Subtitle B: Provisions Relating to Soft Money of Political Parties - Amends FECA to require the national committee of a political party and any congressional campaign committee (and any subordinate committee) to report all receipts and expenditures during the reporting period whether or not in connection with an election for Federal office. Includes in such requirement: (1) itemization of annual receipts or expenditures by any person in excess of $200; and (2) reporting of exempt contributions. Title IV: 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). (Sec. 402) Treats contributions by a dependent not of voting age as having been made by the individual on whom that dependent is a dependent. (Sec. 403) 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. 404) Excludes from the meaning of "contribution" any campaign expense voluntarily paid for by a campaign worker as an advance to the campaign, provided the amount does not exceed $500 and is reimbursed by the committee within ten days. Title V: Reporting Requirements - Requires all Federal candidates and authorized committees to aggregate information on their financial activity reports on an election cycle basis (instead of a calendar year basis, as at present). (Sec. 502) Requires candidates to report any expenditure in excess of the reporting threshold made to a person who provides services or materials for the candidate, whether the payment was made directly or indirectly under subcontract to another person providing personal or consulting services. (Sec. 503) Reduces from $200 to $50 the threshold for reporting certain information by persons other than political committees. (Sec. 504) Requires the Commission to maintain computerized indices of all contributions of at least $50 (currently $200). Title VI: Federal Election Commission - Prohibits a political committee that is not an authorized committee from using a candidate's name in a way to suggest that the candidate has authorized such committee. (Sec. 603) Provides for filling any vacancy in the office of general counsel, and revises the general counsel's rate of pay. (Sec. 604) Revises the basis for an enforcement proceeding from "reason to believe that a person has committed or is about to commit a violation of FECA" to "facts have been alleged or ascertained that, if true, give reason to believe that a person may have committed, or may be about to commit" such a violation. Authorizes the Commission to initiate a civil action for a temporary restraining order or a temporary injunction at any time during an enforcement proceeding that it believes there is substantial likelihood a FECA violation is occurring or about to occur, and the need for expeditious action meets certain criteria. (Sec. 606) Authorizes the Commission to conduct random audits of political committees. (Sec. 607) Prohibits contribution solicitation by false representation as a candidate or a representative of a candidate, a political committee, or a political party. (Sec. 608) Directs the Commission to promulgate rules to prohibit devices or arrangements which have the purpose or effect of undermining or evading provisions of FECA restricting the use of non-Federal money to affect Federal elections. Title VII: 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. 702) Requires that contributions of polling data to Federal candidates be valued at fair market value on the date of the poll's completion, depreciated at a specified rate. (Sec. 703) Expresses the sense of the Senate that the Congress should consider adoption of a joint resolution proposing a constitutional amendment empowering the Congress and the States to set reasonable limits on campaign expenditures. Title VIII: Effective Dates; Authorizations - Sets forth the general effective date of this Act. (Sec. 803) 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.
Bill· SS. 101 (104th)open
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.
Bill· SS. 92 (104th)open
United States · United States Congress · 4 January 1995
Bonneville Power Administration Appropriations Refinancing Act - Amends the Federal Columbia River Transmission System Act to prescribe guidelines under which the Administrator of the Bonneville Power Administration is directed to refinance a certain appropriated debt by determining with the approval of the Secretary of the Treasury: (1) a new principal amount for such debt; (2) a new interest rate for such debt based on the Treasury rate for the old capital investment; and (3) a $100 million limit on prepayments of old capital investments before a certain date. Prescribes guidelines for interest rates for new capital investments. Amends the Confederated Tribes of the Colville Reservation Grand Coulee Dam Settlement Act to appropriate specified amounts to the Administrator in certain fiscal years so long as the Administrator makes annual payments to the Tribes under a certain settlement agreement. Directs the Administrator to offer to include provisions in future electric power service contracts that preclude further increases in the principal amount or interest rate obligations to the Government.
Bill· SS. 105 (104th)open
United States · United States Congress · 4 January 1995
Amends the Internal Revenue Code to provide that cash rental of farmland to a member of the decedent's family for a qualified use will not cause recapture of the special estate tax valuation.
Law· SS. 1 (104th)enacted
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.
Bill· SS. 5 (104th)open
United States · United States Congress · 4 January 1995
Peace Powers Act of 1995 - Repeals the War Powers Resolution. (Sec. 3) Requires the President, in every possible instance, to consult with the Congress before introducing the armed forces into hostilities or into situations where imminent involvement in hostilities is clearly indicated and to consult regularly with the Congress until such forces are no longer engaged in such hostilities or have been removed from such situations. (Sec. 4) Directs the President, in the absence of a declaration of war, to report to the Speaker of the House and the president of the Senate in any case in which the armed forces are introduced: (1) into hostilities or situations described above; (2) into the territory, airspace, or waters of a foreign nation while equipped for combat, with specified exceptions; or (3) in numbers which substantially enlarge armed forces equipped for combat already located in a foreign nation. Requires such report to set forth: (1) the circumstances necessitating such introduction; (2) the constitutional and legislative authority under which such introduction took place; and (3) the estimated scope and duration of the hostilities or involvement. Provides for continuing reports to the Congress as long as the armed forces are so engaged. (Sec. 5) Amends the United Nations Participation Act to prohibit the President from subordinating any element of the armed forces participating in a United Nations peacekeeping activity to the command or operational control of any foreign nationals unless he submits specified documents to the designated congressional committees or the Congress enacts an Act or joint resolution authorizing such subordination. Lists as the specified documents determinations by the President that: (1) the proposed subordination is in the national security interest (along with a justification for such determination); (2) the unit commanders of the armed forces proposed for subordination will retain the ability to report independently to higher U.S. military authorities; (3) the United States will retain authority to withdraw the armed forces from the activity at any time and to take any action to protect such forces if endangered; (4) the armed forces will remain under U.S. administrative command for purposes of discipline and evaluation; and (5) the proposed foreign command arrangement does not violate the Constitution. (Sec. 6) Requires the President to report to the appropriate congressional committees on the total amount of funds appropriated for national defense purposes after FY 1995 that were expended during the preceding fiscal year for United Nations peacekeeping activities. Permits the payment to the United Nations of the U.S. share of peacekeeping activities, beginning with FY 1996, only to the extent that such share exceeds the total amount appropriated for the preceding fiscal year reduced by the amount of any reimbursement or credit for U.S. support for peacekeeping. (Sec. 7) Provides for notification to the Congress of proposed participation in, or expenditure of funds for, United Nations peacekeeping activities.
Bill· SS. 119 (104th)open
United States · United States Congress · 4 January 1995
Real Cost of Handgun Ammunition Act of 1995 - Amends the Internal Revenue Code to increase the excise tax on the sale of certain ammunition, except sales for law enforcement purposes.
Bill· SS. 124 (104th)open
United States · United States Congress · 4 January 1995
Real Cost of Destructive Ammunition Act - Amends the Internal Revenue Code to increase the excise tax on handgun ammunition. Provides for such additional taxes to be added to the general fund. Imposes a special (occupational) tax on importers and manufacturers of certain handgun ammunition for each place of business.
Bill· SS. 120 (104th)open
United States · United States Congress · 4 January 1995
TABLE OF CONTENTS: Title I: Bullet Death and Injury Control Program Title II: Increase in Excise Tax on Certain Bullets Title III: Use of Ammunition Violent Crime Control Act of 1995 - Title I: Bullet Death and Injury Control Program - Establishes within the Centers for Disease Control's National Center for Injury Prevention and Control a Bullet Death and Injury Control Program. Directs the Center to conduct research into, and provide leadership and coordination for: (1) the understanding and promotion of knowledge about the epidemiologic basis for bullet-related death and injury within the United States; (2) developing technically sound approaches for controlling and eliminating bullet-related deaths and injuries; (3) building the capacity for implementing the options and for expanding the approaches to controlling death and disease from bullet-related trauma; and (4) educating the public about the nature and extent of bullet-related violence. Sets forth provisions regarding: (1) the functions of the Center; and (2) establishment of an independent advisory board to assist in setting the policies for and directing the Program. Authorizes appropriations. Title II: Increase in Excise Tax on Certain Bullets - Amends the Internal Revenue Code to set the excise tax rate on .25 and .32 caliber and nine millimeter ammunition at 1,000 percent, with an exemption for law enforcement agencies. Title III: Use of Ammunition - Amends the Federal criminal code to require each licensed importer and manufacturer of ammunition to maintain records of and report annually on disposition of ammunition. Directs the Secretary of the Treasury to prepare a study of the criminal use of, and regulation of, ammunition and to report to the Congress with recommendations on the potential for preventing crime by regulating or restricting the availability of ammunition.
Bill· SS. 149 (104th)open
United States · United States Congress · 4 January 1995
TABLE OF CONTENTS: Title I: Joint Budget Resolution Title II: Zero Based Budgeting and Decennial Sunsetting Title III: Spending Caps on the Growth of Entitlements for Fiscal Years 1996 through 2002 Title IV: Balanced Budget by Fiscal Year 2002 Balanced Budget Implementation Act - Title I: Joint Budget Resolution - Amends the Congressional Budget Act of 1974 to reform the budget process by requiring a joint resolution on the budget instead of the concurrent resolution on the budget. Title II: Zero Based Budgeting and Decennial Sunsetting - Terminates spending authority for unearned entitlements and high-cost discretionary spending programs for FY 1996, and discretionary spending programs (not including high-cost programs) for FY 1997, unless such spending is reauthorized after the date of enactment of this Act. (Sec. 202) Establishes a point of order against legislation that appropriates funds, which may be waived by a three-fifths vote of each House of Congress. (Sec. 203) Requires the reauthorization of discretionary spending authority and unearned entitlements every ten years beginning in the first decennial census year after 2000. Title III: Spending Caps on the Growth of Entitlements for Fiscal Years 1996 through 2002 - Declares that for FY 1996 through 2002 the total level of entitlement and mandatory spending, excluding social security, shall not exceed the total level for the previous fiscal year increased by the consumer price index and growth in eligible population. Requires sequestration as necessary to reduce spending. Provides for making uniform reductions with limitations. Lists programs and activities exempt from sequestration and sets forth exceptions, limitations, and special rules. (Sec. 304) Establishes a point of order against entitlement programs which may be waived by a three-fifths vote of each House. Title IV: Balanced Budget by Fiscal Year 2002 - Requires reduction of the maximum deficit amount to zero by FY 2002. Allows a waiver or suspension on the prohibition on exceeding such amount by a three-fifths vote of both Houses. (Sec. 402) Allows a waiver or suspension on exceeding the public debt limit by a three-fifths vote of both Houses. Excludes social security from the budget process. (Sec. 403) Establishes a point of order against any joint resolution on the budget that would decrease the excess of social security revenues over social security outlays in any fiscal year covered by the joint resolution. Authorizes the Congress to adopt budget procedures to eliminate the non-social security deficit by not later than September 30, 2007. (Sec. 404) Establishes discretionary spending caps for FY 1996 through 2002. (Sec. 405) Amends the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act) to require look-back sequestration in the last quarter of each fiscal year.
Bill· SS. 98 (104th)open
United States · United States Congress · 4 January 1995
Tax Expenditure Control Act of 1995 - Amends the Congressional Budget Act of 1974 to require the concurrent resolution on the budget to include appropriate levels for tax expenditures. Requires tax expenditure analysis in the report accompanying such resolution. Requires reconciliation directives in such resolution to include changes in tax expenditures. Requires the Congressional Budget Office report to congressional budget committees with respect to fiscal policy to include a discussion of alternative ways of allocating new tax expenditures.
Bill· SS. 137 (104th)referred
United States · United States Congress · 4 January 1995
Tax Expenditure and Legislative Appropriations Line Item Veto Act of 1995 - Amends the Congressional Budget and Impoundment Control Act of 1974 to require separate enrollment of each item of appropriation and each tax expenditure provision in measures passed by both the House of Representatives and the Senate in identical form.
Bill· SS. 147 (104th)referred
United States · United States Congress · 4 January 1995
Amends the Internal Revenue Code to increase the personal exemption for dependents to $5,000. Amends the Congressional Budget Act to decrease the discretionary spending limits for FY 1996 through 2002 in order to finance the increased personal exemption.
Bill· SS. 121 (104th)referred
United States · United States Congress · 4 January 1995
TABLE OF CONTENTS: Title I: Portable and Permanent Private Health Insurance Subtitle A: Portability Subtitle B: Permanence Title II: Affordable Health Insurance Coverage Subtitle A: Equitable Tax Treatment of Individuals Providing Own Health Care Subtitle B: Medical Savings Accounts Title III: Enhanced Efficiency Through Paperwork Reduction Title IV: Meaningful Medical Liability Reform Family Health Care Preservation Act - Title I: Portable and Permanent Private Health Insurance - Subtitle A: Portability - Amends the Internal Revenue Code to modify required continuation coverage of group health plans by allowing the offering of annual deductibles for such coverage. Terminates such continuation coverage after an individual is eligible for employer-based coverage for more than 90 days. (Sec. 102) Allows penalty-free withdrawals from qualified retirement plans to pay for health insurance during a continuation period. Subtitle B: Permanence - Prohibits an insurer from cancelling an individual or group health insurance plan or denying renewal of coverage except for specified reasons, including premium nonpayment or fraud by the insured. Prohibits an employer from cancelling a self-insured group health plan or denying renewal of coverage except for similar reasons. (Sec. 112) Requires individual health insurance plans and group health plans to offer insureds the option to purchase new health insurance plans after enactment of this Act. Title II: Affordable Health Insurance - Subtitle A: Equitable Tax Treatment of Individuals Providing Own Health Care - Makes inapplicable to qualified health insurance costs under this Act the adjusted gross income limitation on deductibility of medical expenses. Subtitle B: Medical Savings Accounts - Allows individuals covered under a catastrophic health insurance plan a tax deduction for contributions made to a medical care savings account established for the benefit of the individual or such individual's spouse and dependents, if they are also covered under the plan. Allows such deduction whether or not an individual itemizes deductions. Disallows distributions from such accounts as medical expense deductions. Excludes employer contributions to such accounts from employment taxes. Imposes an excise tax for excess contributions to medical care savings accounts and for prohibited transactions. Title III: Enhanced Efficiency Through Paperwork Reduction - Directs the Secretary of Health and Human Services to adopt standards to reduce the administrative and paperwork burdens of all Federal health care programs by 50 percent within the two-year period following the date of this Act's enactment (initial reduction), and by an additional 50 percent over a subsequent three-year period (subsequent reduction), for a total reduction of 75 percent over the five-year period following such date. Requires the Secretary, to achieve the initial reduction, to adopt standards for Federal health care programs relating to: (1) data elements for use in paper and electronic claims processing under health insurance plans, as well as for use in utilization review and management of care; (2) uniform claims forms; and (3) uniform electronic transmission of the data elements, including protections to assure the confidentiality of patient-specific information and to protect against the unauthorized use and disclosure of information. Directs the Secretary, in order to achieve the subsequent reduction, to modify by regulation the standards adopted with respect to the initial reduction. (Sec. 302) Requires each State, to be eligible for Federal funds in connection with any State-administered health care program, to standardize the processing of paper and electronic claims to reduce the administrative and paperwork burdens on such programs by 75 percent during the five-year period following enactment of this Act. Sets forth provisions regarding enforcement of this provision and waivers of payment reductions for noncompliance. Title IV: Meaningful Medical Liability Reform - Makes this title applicable with respect to any medical malpractice liability claim or action brought in State or Federal court, except with respect to certain claims or actions for damages arising from a vaccine-related injury or death. Sets forth provisions regarding: (1) preemption; (2) negotiated liability; (3) effect on sovereign immunity and choice of law or venue; and (4) jurisdiction. (Sec. 402) Prohibits such action from being initiated after the expiration of: (1) the two-year period that begins on the latter of the date the alleged injury that is the subject of the claim was discovered or should reasonably have been discovered; and (2) the four-year period that begins on the date on which the alleged injury occurred. Makes an exception for a minor who has not attained age six. (Sec. 403) Provides that: (1) the liability of each defendant in such action, with respect to economic and noneconomic damages, shall be several only and not joint; (2) damages payable by a defendant shall be directly proportional to such defendant's percentage of fault or responsibility for the injury; and (3) the trier of fact shall determine and assign a percentage of responsibility for each such defendant. (Sec. 404) Requires: (1) all requests for discovery pursuant to such action to identify the relevant portion of the complaint, answer, or other pleading to which responses to the discovery requests are expected to relate; and (2) the court, with respect to any motion for discovery, to award the prevailing party reasonable fees and expenses, including reasonable attorney's fees, unless the court finds that the position of the unsuccessful party was substantially justified or that special circumstances make such an award unjust. (Sec. 405) Limits the total amount of noneconomic damages that may be awarded to a claimant and family members to $250,000, regardless of the number of parties against whom the action is brought or the number of actions brought with respect to the injury. (Sec. 406) Specifies that a defendant may not be required to pay damages awarded for any economic losses to be incurred after the date on which the judgment is entered exceeding $100,000, in a single, lump-sum payment, but shall be permitted to make such payments periodically based on projections of the amount of expected damages at intervals, as determined by the court. Permits the court to require that a defendant purchase an annuity or fund a reversionary trust to make periodic payments. Prohibits reopening of a judgment awarding such payments at any time to contest, amend, or modify the schedule or amount of the payments in the absence of fraud or any other basis under which a party may obtain relief from a final judgment. (Sec. 407) Sets forth provisions regarding costs and fees, including limitations on attorneys charging or collecting contingency fees. Establishes recordkeeping requirements as a prerequisite to the receipt of an award of attorney's fees. (Sec. 408) Sets forth provisions regarding: (1) contribution and indemnification; and (2) collateral sources. (Sec. 410) Prohibits the award of noneconomic damages with respect to any medical product liability claim alleged against a medical product producer if: (1) the drug or device that is the subject of such claim was subject to specified approval or premarket approval under the Federal Food, Drug, and Cosmetic Act by the Food and Drug Administration (FDA); or (2) the drug or device is generally recognized as safe and effective pursuant to conditions established by the FDA and applicable regulations, including packaging and labeling regulations. Makes exceptions in cases of withheld information, misrepresentation, or illegal payment of FDA officials to secure approval. (Sec. 411) Provides that, in any medical malpractice liability action that is certified as a class action: (1) the share of damages under any final judgment or settlement that is awarded to any party serving as a representative claimant shall be calculated in the same manner as the shares awarded to all other members of the claimant class (but permits the award of reasonable compensation, costs, and expenses relating to the representation of the class); (2) if a party is represented by an attorney who has a beneficial interest in the subject of the litigation, the court shall make a determination of whether such interest constitutes a conflict of interest sufficient to disqualify the attorney; and (3) an attorney may not represent the class if the attorney has paid, or is obligated to pay, a referral fee with respect to the action (and bars an attorney who knowingly violates this provision from representing the party in any other action to which this title applies).
Bill· SS. 113 (104th)referred
United States · United States Congress · 4 January 1995
Amends the Internal Revenue Code to allow Indian tribes to receive charitable contributions of inventory and other property for purposes of a donor qualifying for the tax deduction under the Code.
Bill· SS. 109 (104th)referred
United States · United States Congress · 4 January 1995
Amends the Internal Revenue Code to apply the special treatment of livestock sold or involuntarily converted on account of drought conditions also to livestock sold or converted because of flood or other weather-related conditions.
Bill· SS. 132 (104th)referred
United States · United States Congress · 4 January 1995
Aggregate Intelligence Budget Disclosure Act of 1995 - Directs the President to include in each year's budget request submitted to the Congress a separate, unclassified statement of the total amount of budget outlays for the preceding fiscal year for national and tactical intelligence activities.
Bill· SS. 111 (104th)referred
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.
Bill· SS. 107 (104th)referred
United States · United States Congress · 4 January 1995
Amends the Internal Revenue Code to allow an individual an itemized deduction of travel expenses in connection with the trade or business of logging, including the miles to and from the individual's home.
Bill· SS. 116 (104th)referred
United States · United States Congress · 4 January 1995
TABLE OF CONTENTS: Title I: Control of Congressional Campaign Spending Subtitle A: Senate Election Campaign Spending Limits and Benefits Subtitle B: General Provisions Title II: Independent Expenditures Title III: Expenditures Subtitle A: Personal Loans; Credit Subtitle B: Provisions Relating to Soft Money of Political Parties Title IV: Contributions Title V: Reporting Requirements Title VI: Presidential Debates Title VII: Miscellaneous Title VIII: Effective Dates; Authorizations Senate Fair Elections and Grassroots Democracy Act of 1995 - Title I: Control of Congressional Campaign Spending - Subtitle A: Senate Election Campaign Spending Limits and Benefits - Amends the Federal Election Campaign Act of 1971 (FECA) to make Senate candidates (candidates) eligible to receive benefits under this title if they meet certain contribution and expenditure limits. (Sec. 101) Limits Senate: (1) personal expenditures to $25,000 during an election cycle; (2) primary election expenditures to the lesser of 67 percent of the general election limit or $2.5 million; (3) runoff election expenditures to 20 percent of the general election limit; and (4) general election expenditures to the lesser of $4.5 million or the greater of $775,000, or $325,000 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 election expenditure limits: (1) qualified legal and accounting expenditures from a legal and accounting compliance fund meeting certain requirements; (2) certain expenditures made from independent or excess receipts. Permits a candidate to accept excess contributions or make excess expenditures if a non-eligible opponent's contributions or expenditures exceed 200 percent of applicable limits. Limits multicandidate political committee (PAC) contributions to a candidate to ten percent of the primary and runoff election limits. Entitles eligible candidates to free broadcast media rates, mailing rates, and in certain circumstances, payments compensating for independent expenditures, excess expenditures, and public financing amounts. Requires the Federal Election Commission (Commission) to certify that a candidate meets the eligibility requirements. Requires the Commission to examine and audit, for FECA compliance, the campaign accounts of ten percent of all Senate candidates, and the campaign accounts of all opponents of such candidates as well. Requires candidates to refund to the Commission any excess payments, expenditures, or voter communication vouchers. Sets forth related civil and criminal penalties. Provides for judicial review of Commission actions and requires Commission reports to the Senate. Establishes in the Treasury the Senate Election Campaign Fund. Authorizes appropriations. (Sec. 102) Prohibits PAC activities in Federal elections. (Sec. 103) Sets forth candidate reporting requirements. (Sec. 105) Amends the Communications Act of 1934 to require free broadcast time for eligible candidates. Amends FECA to require candidate and Commission reporting with regard to free broadcast time. Subtitle B: General Provisions - Amends Federal law to permit eligible Senate candidates to mail up to one piece per eligible voter (voting age population) at the lowest third-class non-profit postage rate, during a general election period only. (Sec. 133) Requires a clear statement of responsibility in advertisements with: (1) a clearly readable type and color contrasts for print advertisements; (2) clearly readable type, color contrasts, the candidate's image, and for a duration of at least four seconds, for television advertisements; and (3) a clearly spoken message by the candidate for both television and radio advertisements. (Sec. 135) 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. Title II: 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. Title III: Expenditures - Subtitle A: 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. (Sec. 302) Treats as a contribution any extension of credit of more than $500 for more than 60 days to Senate and House candidates (or authorized committees) by vendors of advertising and mass mailing services. Subtitle B: Provisions Relating to Soft Money of Political Parties - Amends FECA to permit individuals to contribute up to $5,000, in addition to the existing $5,000 limit for other activities, to political party committees for grassroots Federal election campaign activities. (Sec. 312) Prohibits a State party committee (including any subordinate committees) from making expenditures in connection with the general election presidential campaign of the party nominee which, in the aggregate, exceed a certain indexed amount. Subjects to certain limitations, prohibitions and reporting requirements any amount ("soft money") 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. Prohibits a national political party committee from soliciting or accepting contributions not subject to FECA limitations, prohibitions, and reporting requirements. Cites conditions under which any amount received by the national, State, district, or local committee of a political party (including any subordinate committee) from a State or local candidate committee shall be treated as meeting the soft money requirements of this title. (Sec. 313) Places limitations on fundraising by Federal candidates and officeholders and certain political committees for State and local elections. Prohibits Federal candidates or officeholders from soliciting contributions to, or on behalf of, any tax-exempt organization if a significant portion of the organization's activities include voter registration or get-out-the-vote campaigns. (Sec. 314) Requires the national committee of a political party and any congressional campaign committee (and any subordinate committee) to report all receipts and disbursements during the reporting period, regardless of whether or not in connection with a Federal election. (Sec. 315) Directs political party committees that make payments for combined political activity to allocate specified portions of such payments to Federal accounts. Title IV: Contributions - Amends FECA to reduce individual contribution limits to a candidate or his or her political committee from $1000 to $100. (Sec. 402) 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). (Sec. 403) Treats contributions by a dependent not of voting age as having been made by the individual on whom that dependent is a dependent. (Sec. 404) 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. 405) Excludes from the meaning of "contribution" any campaign expense voluntarily paid for by a campaign worker as an advance to the campaign, provided the amount does not exceed $500 and is reimbursed by the committee within ten days. Title V: Reporting Requirements - Requires all Federal candidates and authorized committees to aggregate information on their financial activity reports on an election cycle basis (currently on a calendar year basis). (Sec. 502) Requires candidates to report any expenditure in excess of the reporting threshold made to a person who provides services or materials for the candidate, whether the payment was made directly or indirectly under subcontract to another person providing personal or consulting services. (Sec. 503) Reduces from $200 to $50 the threshold for reporting certain information by persons other than political committees. (Sec. 504) Requires the Commission to maintain computerized indices of all contributions of at least $50 (currently $200). Title VI: Presidential Debates - Amends the Internal Revenue Code to require qualifying candidates for President and Vice President to participate in public debates (at least three and one, respectively) in order to qualify for Presidential Election Campaign Fund assistance. Title VII: Miscellaneous - Amends FECA to prohibit 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. 702) Requires that contributions of polling data to Federal candidates be valued at fair market value on the date of the poll's completion, depreciated at a specified date. Title VIII: Effective Dates; Authorizations - Sets forth the general effective date of this Act. (Sec. 802) Expresses the sense of the Senate regarding funding of the Senate Election Campaign Fund. (Sec. 803) Provides for: (1) budget neutrality of this Act; and (2) 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.
Bill· SS. 112 (104th)referred
United States · United States Congress · 4 January 1995
Amends the Internal Revenue Code with respect to the tax-exempt status of a mutual or cooperative telephone company to provide that 50 percent of the income received from a nonmember telephone company for services by the cooperative shall be treated as collected from members of the cooperative for the sole purpose of meeting the losses and expenses of the cooperative. Excludes, in determining the income of a cooperative: (1) billing and collection services performed for a nonmember telephone company; and (2) certain reserve income that does not exceed 35 percent of the company's total income. Subjects a portion of such reserve income to unrelated business income tax.
Bill· SS. 110 (104th)referred
United States · United States Congress · 4 January 1995
Amends the Internal Revenue Code to allow a taxpayer reporting on the cash receipts and disbursements method of accounting to elect to include in income crop insurance proceeds and disaster payments in the year of the disaster or in the following year.
Bill· SS. 108 (104th)referred
United States · United States Congress · 4 January 1995
Amends the Internal Revenue Code to permit the energy tax credit in connection with depreciable solar energy property and geothermal property against the taxpayer's entire regular tax liability and minimum tax liability.
Bill· SS. 81 (104th)referred
United States · United States Congress · 4 January 1995
Amends the Internal Revenue Code to allow an income tax credit for the cost of purchasing a child restraint system for use in a motor vehicle.
Bill· SS. 106 (104th)referred
United States · United States Congress · 4 January 1995
Amends the Internal Revenue Code to increase the standard mileage rate deduction for charitable use of a passenger automobile. Authorizes the Secretary of the Treasury, not later than December 15, 1995, and each subsequent calendar year, to prescribe an increase in such deduction for taxable years beginning in the succeeding calendar year.
Bill· SS. 51 (104th)referred
United States · United States Congress · 4 January 1995
Judicial Taxation Prohibition Act - Amends the Federal judicial code to deny to inferior Federal courts jurisdiction to issue any remedy, order, writ, or other judicial decree requiring the Federal Government or any State or local government to impose any new tax or to increase any existing tax or tax rate.
Bill· SS. 50 (104th)referred
United States · United States Congress · 4 January 1995
Repeals the tax increase on social security benefits made under the Revenue Reconciliation Act of 1993.
Bill· SS. 17 (104th)referred
United States · United States Congress · 4 January 1995
TABLE OF CONTENTS: Title I: Federal Commitment to Urban Economic Development Title II: Tax Incentives to Stimulate Urban Economic Development Title III: Community-Based Housing Development Title IV: Response to Urban Environmental Challenges Subtitle A: Environmental Cleanup Subtitle B: Environmental-Economic Recovery New Urban Agenda Act of 1995 - Title I: Federal Commitment to Urban Economic Development - Amends the Office of Federal Procurement Policy Act to require executive agencies to expend not less than 15 percent in a fiscal year for the purchase of goods from businesses located in empowerment zones, enterprise communities, or enterprise zones. Requires agencies, to the maximum extent practicable, to purchase recycled products from businesses located in such zones. (Sec. 102) Requires not less than 15 percent of foreign assistance provided in a fiscal year to be in the form of credits for the purchase of U.S. goods produced, manufactured, or assembled in such zones. (Sec. 103) Directs the Secretary of Commerce, in designating and providing financial assistance to Manufacturing Technology Outreach Centers, to give preference to centers located in such zones. (Sec. 104) Establishes a preference for the construction, improvement, or relocation of Federal facilities in distressed urban areas. Title II: Tax Incentives to Stimulate Urban Economic Development - Amends the Internal Revenue Code with respect to the offset for rental real estate activities under passive activity rules to increase the rehabilitation credit under such rules. (Sec. 202) Allows the rehabilitation investment credit to offset a portion of tentative minimum tax. (Sec. 203) Allows the issuance of tax-exempt facility bonds for sports facilities, convention or trade show facilities, freestanding parking facilities, air or water pollution control facilities, or industrial parks. Makes termination dates on such tax-exempt bonds inapplicable to bonds issued to finance manufacturing facilities. (Sec. 204) Increases the permitted amount of qualified small issue bonds for facilities to be used by related persons. (Sec. 205) Provides an exception to arbitrage interest rebate provisions if 100 percent of available construction proceeds are spent for governmental purposes within three years of the issuance of the tax-exempt bonds. Title III: Community-Based Housing Development - Directs the Secretary of Housing and Urban Development to report to the Comptroller General on the feasibility of consolidating existing public and low-income housing programs into a comprehensive block grant system of Federal aid. Requires the Comptroller General to report to the Congress with an analysis of such report and recommendations. (Sec. 302) Provides, subject to the approval of both the unit of general local government and the local public housing agency, for the reconstruction of public housing dwelling units on the same property on which such units were demolished or disposed, and for the relocation of displaced tenants to such new units. Title IV: Response to Urban Environmental Challenges - Subtitle A: Environmental Cleanup - Amends the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 to exclude local governments that are owners or operators of facilities in distressed urban areas from liability under such Act. Requires the President to establish standards for the degree of cleanup of hazardous substances, pollutants, and contaminants released into the environment for facilities located in distressed urban areas. Subtitle B: Environmental-Economic Recovery - Authorizes the Secretary of Energy to make no more than three loans to units of local government for distressed urban areas for the establishment of facilities to dispose of, and obtain inexpensive electrical power and steam from, solid waste. Requires a report to the Congress on the results of financing such facilities.
Bill· SS. 35 (104th)referred
United States · United States Congress · 4 January 1995
Amends the Internal Revenue Code to allow a general business credit for fuels produced from offshore deep-water projects. Allows such credit to offset the minimum tax, with limitations.
Bill· SS. 9 (104th)referred
United States · United States Congress · 4 January 1995
Requires the Senate and the House of Representatives, by the end of the first session of the 104th Congress, to: (1) adopt a concurrent resolution on the budget for FY 1996 through 2003; and (2) enact all necessary authorizing and appropriations legislation that would balance the Federal budget by the beginning of FY 2003.
Bill· SS. 44 (104th)referred
United States · United States Congress · 4 January 1995
Amends Federal law to prohibit any State from imposing an income tax on the pension income of any individual who is not a resident or domiciliary of that State.
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