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United States · Official source
1,297 records where Rep. Combest, Larry [R-TX-19] is listed as a sponsor, author, or other actor. Search with topics and years
United States · United States Congress · 21 March 1995
Constitutional Amendment - Declares that the Congress and the States shall have power to prohibit the physical desecration of the U.S. flag.
United States · United States Congress · 13 March 1995
Prohibits (until enactment of a law that is a successor to the Food, Agriculture, Conservation, and Trade Act of 1990) the Secretary of Agriculture, the Secretary of the Army, and the Administrator of the Environmental Protection Agency from delineating wetlands to carry out subtitle C (Wetland Conservation) of title XII of the Food Security Act of 1985 and provisions of the Federal Water Pollution Control Act relating to permits for dredged or fill material.
United States · United States Congress · 2 March 1995
Provides that, in the administration of the child labor provisions of the Fair Labor Standards Act of 1938, minors under age 18 shall be permitted to load materials into balers or compactors that meet specified safety standards of the American National Standards Institute.
United States · United States Congress · 2 March 1995
Constitutional Amendment - Prohibits the election of any person to a full term as a Senator more than twice or to a full term as a Representative more than six times. Bars any person who has been a: (1) Senator for more than three years of a term to which another person was elected from being subsequently elected more than once; and (2) Representative for more than a year from being subsequently elected more than five times. Excludes election or service occurring before this amendment becomes operative when determining eligibility for election.
United States · United States Congress · 16 February 1995
Amends the Internal Revenue Code to exclude from gross income any veterans' allowance or benefit administered by the Secretary of Veterans Affairs.
United States · United States Congress · 13 February 1995
Volunteer Protection Act of 1995 - Prescribes circumstances under which volunteers working for nonprofit organizations or government entities shall be immune from personal financial liability for acts on behalf of the organization or entity. Sets forth exceptions and conditions that a State may impose on the granting of such immunity. Requires the Secretary of Health and Human Services to increase by one percent the fiscal year allotment which would otherwise be made to a State to carry out the Social Services Block Grant Program under title XX of the Social Security Act if such State has, within two years, certified to the Secretary that it has enacted a State law which provides such immunity. Provides for the continuation of such increase based on an annual recertification.
United States · United States Congress · 8 February 1995
Provides amounts for the expenses of the Permanent Select Committee on Intelligence of the House of Representatives for the 104th Congress. Limits amounts available for staff training.
United States · United States Congress · 7 February 1995
Truth in Budgeting Act - Prohibits the receipts and disbursements of the Highway Trust Fund, the Airport and Airway Trust Fund, the Inland Waterways Trust Fund, and the Harbor Maintenance Trust Fund from being included in either the Federal budget as submitted by the President or in the congressional budget. Exempts such trust funds from any general statutory budget limitation. (Sec. 3) Amends Federal transportation law to require the Secretary of Transportation to estimate annually what, but for this Act, would be at the close of the next fiscal year: (1) the amount of unfunded aviation authorizations; and (2) the net aviation receipts. Requires the Secretary to: (1) determine the amount by which unfunded aviation authorizations does or does not exceed net aviation receipts; and (2) make appropriate adjustments to amounts authorized to be appropriated and the amounts available for obligation from the Airport and Airway Trust Fund based on the difference. (Sec. 4) Sets forth similar provisions with respect to the Inland Waterways and the Harbor Maintenance Trust Funds.
United States · United States Congress · 6 February 1995
Amends Federal transportation law to limit to not more than six months' pay the amount of any wage continuation or severance benefit that may be received by any Amtrak employee terminated as a result of a discontinuance of intercity rail passenger service. Authorizes Amtrak to require an employee whose position is eliminated by such a discontinuance to transfer to any vacant position for which the employee can be made qualified on any part of Amtrak's system. Allows the employee, if such transfer requires a change in residence or seniority district, to choose: (1) a transfer to the position and coverage by the collective bargaining agreement of the seniority district to which the employee is transferred; or (2) a voluntary furlough at the employee's home location and receipt of protective benefits as limited by this Act.
United States · United States Congress · 3 February 1995
Superfund Recycling Equity Act of 1995 - Amends the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 to absolve persons (other than owners or operators) who arranged for the recycling of recyclable material from liability for environmental response actions. Deems transactions involving scrap paper, plastic, glass, textiles, or rubber (other than whole tires) to be arranging for recycling if the person who arranged the transaction demonstrates that the following criteria were met: (1) the recyclable material met a commercial specification grade and a market existed for the material; (2) a substantial portion of the material was made available for use as a feedstock for the manufacture of a new saleable product; (3) the material (or product to be made from the material) could have been a replacement for a virgin raw material; and (4) with respect to transactions occurring 90 days after this Act's enactment, the person exercised reasonable care to determine that the facility where the material would be managed by another was in compliance with Federal, State, or local environmental laws or regulations. Deems transactions involving scrap metal to be arranging for recycling if the person who arranged the transaction demonstrates that: (1) the criteria for scrap materials were met; (2) he or she complied with applicable standards regarding activities associated with the recycling of scrap metals; and (3) the scrap metal was not melted prior to the transaction. Deems transactions involving spent lead-acid, nickel-cadmium, or other batteries to be arranging for recycling if the person involved demonstrates that: (1) the criteria for scrap materials were met; and (2) he or she complied with applicable Federal environmental regulations or standards regarding such batteries. Makes the exemptions from liability under this Act inapplicable if the person: (1) had an objectively reasonable basis to believe at the time of the recycling transaction that the recyclable material would not be recycled or would be burned as fuel or for energy recovery or incineration or that the consuming facility was not in compliance with Federal, State, or local environmental laws or regulations; (2) added hazardous substances to the material for purposes other than processing for recycling; or (3) failed to exercise reasonable care with respect to the management of the material. Makes such exemptions inapplicable if the recyclable material contained polychlorinated biphenyls in excess of 50 parts per million or any new Federal standard.
United States · United States Congress · 2 February 1995
Agricultural Lands Protection Act of 1995 - Amends the Federal Water Pollution Control Act and the Food Security Act of 1985 to exempt from certain conservation requirements privately-owned crop, range, or pasture lands that have been used for crop production or livestock grazing for at least five of the preceding ten years.
United States · United States Congress · 1 February 1995
Tax Fairness for Agriculture Act of 1995 - Amends the Internal Revenue Code to prohibit agricultural or horticultural organization member dues (limited to a specified amount) from being treated as unrelated business taxable income for purposes of the tax on unrelated business income.
United States · United States Congress · 1 February 1995
Fairness in Musical Licensing Act of 1995 - Revises Federal copyright law to provide that communication by electronic device of a transmission embodying a performance or display of a work by the reception of a broadcast, cable, satellite, or other transmission shall not be a copyright infringement unless an admission fee is charged to see or hear the transmission or the transmission is not properly licensed. Provides that a performance or display in a commercial establishment shall not be considered infringement if incidental to the main purpose of the establishment. Specifies that, if a general music user and a performing rights society are unable to agree on the appropriate fee to be paid for the user's past or future performance of musical works in the society's repertoire, the user shall be entitled to binding arbitration of such disagreement pursuant to the rules of the American Arbitration Association in lieu of any other dispute-resolution mechanism established by any judgment or decree governing the operation of such society. Requires the arbitrator to determine a fair and reasonable fee for the user's past and future performance of works in such society's repertoire and to impose a penalty for infringement if the user's past performance infringed the copyright of such works. Makes an arbitrator's determination binding on both parties. Sets forth provisions regarding civil actions for infringement that may be submitted to arbitration if the license fee for a performance is contested. Requires a performing rights society, at the request of any radio broadcaster, to offer the broadcaster a per programming license to perform nondramatic musical works in its repertoire. Directs that such license be offered on terms and conditions that provide an economically and administratively viable alternative to blanket licenses. Sets forth provisions regarding prices of such licenses. Requires, beginning January 1, 1998, the performance of nondramatic musical works by broadcasters under any per programming period license to be determined on the basis of statistically reliable sampling or monitoring by the society and prohibits the society from requiring the broadcaster to report such performance to the society. Authorizes such broadcasters to bring actions to require compliance with such requirements. Directs each performing rights society to make available free online computer access to copyright and licensing information for each work in its repertoire as well as a semiannual printed directory of each title in its repertoire. Requires such society, upon request, to provide to any person who may perform musical works in its repertoire, copies of documentation establishing the society's right to license the public performance of such works. Bars a society from instituting or being a party to any action alleging infringement in, or charging a fee under any per programming period license for, any work in the repertoire that is not identified or documented as described above, with exceptions. Requires the Attorney General to report annually to the Congress on the activities of the Department of Justice relating to the continuing supervision and enforcement of specified consent decrees of the American Society of Composers, Authors, and Publishers and Broadcast Music, Inc. Sets forth conditions under which landlords, organizers of conventions, or others making space available to another party are exempt from liability under any theory of vicarious or contributory infringement with respect to an infringing public performance of a copyrighted work by a tenant, lessee, or other user of such space. Provides that the transmission of religious services or the recording of copies or phonorecords of a transmission program embodying such services shall not be a copyright infringement.
United States · United States Congress · 1 February 1995
Private Property Owners Bill of Rights - Requires Federal agency heads to: (1) comply with applicable State and tribal government laws in implementing and enforcing the Endangered Species Act of 1973 (ESA) and the permitting program for dredged or filled material under the Federal Water Pollution Control Act (FWPCA); (2) administer and implement the Acts in a manner that least affects the private property owners' constitutional and other legal rights; (3) develop and implement rules and regulations for ensuring that such rights are protected when making any final decision that restricts the use of private property; (4) obtain the consent of the property owner and provide appropriate notice before entering privately-owned property in order to collect information on it; and (5) give the property owner an opportunity to review and dispute the data collected before using it to implement or enforce any of the Acts. Amends ESA and FWPCA to provide for administrative appeals of certain actions, including those related to the denial of permits and the imposition of administrative penalties. Entitles a private property owner deprived of 50 percent or more of the fair market value or the economically viable use of a portion of property as a consequence of a final qualified agency action to receive compensation upon request in accordance with specified guidelines. Amends ESA to require the Secretary of the Interior to notify all private property owners or lessees of property subject to a management agreement and provide an appropriate opportunity for their participation in such an agreement when the Secretary enters into it with any non-Federal person establishing restrictions on property use.
United States · United States Congress · 31 January 1995
Commercial Aviation Fuel Tax Repeal Act of 1995 - Amends the Internal Revenue Code to repeal the increase in tax on fuel used in commercial aviation scheduled to take effect after September 30, 1995.
United States · United States Congress · 30 January 1995
Teamwork for Employees and Managers Act of 1995 - Amends the National Labor Relations Act to allow employers to establish, assist, maintain, or participate in an organization or entity in which employees participate to address matters of mutual interest (including issues of quality, productivity, and efficiency) if such organizations or entities cannot negotiate, enter into, or amend collective bargaining agreements.
United States · United States Congress · 24 January 1995
Amends the Federal criminal code to permit a Federal firearms licensee to conduct firearms business with another licensee at a gun show or event without regard to whether the gun show or event is located in the State which is specified on the license.
United States · United States Congress · 19 January 1995
Amends title XVIII (Medicare) of the Social Security Act and other Federal law to make any managed health care plan established by the Secretary of Defense in the Military Health Services System eligible for payments by the Secretary of Health and Human Services on behalf of any plan enrollees entitled to Medicare benefits.
United States · United States Congress · 19 January 1995
Amends the Endangered Species Act of 1973 to prohibit the Secretary of the Interior from determining a species to be an endangered or threatened species, or from designating a critical habitat of a species, until such Act has been reauthorized.
United States · United States Congress · 17 January 1995
Student Loan Evaluation and Stabilization Act of 1995 - Amends the Higher Education Act of 1965 with respect to student loan programs. (Sec. 3) Revises the Federal Direct Student Loan program to limit the proportion of loans made under such program: (1) for academic year 1994-1995, to five percent of the new student loan volume for such year; and (2) for academic year 1995-1996 and any succeeding fiscal year, to loans to students and parents of students attending eligible institutions which have applied and been accepted for institutional participation in such program on or before December 31, 1994. Eliminates provisions for selecting additional institutions to participate in such pilot program. Reduces the maximum amount of funds for administrative expenses of such program allowed for certain periods. Revises the items which such funds must cover, including the costs of annually assessing such program and payment of an administrative cost allowance for the expenses of guaranty agencies in servicing outstanding loans in their portfolios and in guaranteeing new loans. Revises provisions for congressional oversight of program administration, by providing for funding triggers which allow administrative funds to be obligated only in such amounts and according to such schedule as specified in the appropriations Act for the Department of Education after submission by the Department of a detailed proposal for such expenditures. Requires a guaranty agency to: (1) submit a specified application before obtaining an administrative cost allowance from such funds; (2) expend such allowance only for specified purposes; and (3) elect a payment rate on the basis of one of two specified formulas. Provides for ratable reductions of such allowances when total payments exceed a specified level. Directs the Secretary of Education to provide a detailed quarterly report of all such expenditures to specified congressional committee chairs. Requires such report to specifically identify all contracts entered into by the Department for services supporting the Federal Family Education Loan (FFEL) Program and the Federal Perkins Loan Program, as well as the current and projected costs of such contracts. Eliminates the transition to the Federal Direct Loan Program. (Sec. 4) Sets forth conditions under which: (1) Federal Perkins Loan borrowers can obtain FFEL consolidation loans; and (2) FFEL borrowers can obtain Federal direct consolidation loans. (Sec. 5) Revises provisions relating to reserve fund programs. (Sec. 6) Sets institutional default rate limitations on direct lending. (Sec. 7) Provides for applications for FFEL loans using the free Federal application form, which is already in use for other types of student aid. Allows such form to be in an electronic or any other format, subject to certain conditions, in order to facilitate use by borrowers and institutions. Provides for authorized guaranty agencies to receive such form. (Sec. 8) Amends the Congressional Budget Act to prescribe a formula for determining the cost of a direct loan on the basis of the net present value, at the time the direct loan is disbursed, of specified types of cash flows for the estimated life of the loan.
United States · United States Congress · 17 January 1995
Amends the Internal Revenue Code to provide a cost-of-living adjustment for the limitation on the aggregate reduction in the fair market value of qualified real property under the special estate tax valuation rules for certain farm property.
United States · United States Congress · 17 January 1995
Church Retirement Benefits Simplification Act of 1995 - Amends the Internal Revenue Code to recodify and revise qualifications for church retirement and pension plans. Makes employee contributions to such plans nonforfeitable. Requires the plan to meet minimum vesting requirements. Recodifies the authority of a church or a convention or association of churches to be treated as an employer making contributions to retirement income accounts. Subjects church-related hospitals and universities to certain coverage and related rules in the case of a contract purchased by a church. Requires distributions from retirement income accounts provided by churches to be in accordance with distributions under cash or deferred arrangements. Provides for determining the beginning date for such distributions. Allows self-employed ministers and chaplains who work for non-church employers to participate in their church plans. Provides that certain rules aggregating employees do not apply to churches. Restores qualified voluntary employee contributions to church plans. Treats self-employed ministers as employees for purposes of certain welfare benefit plans and retirement income accounts. Allows a deduction for contributions to retirement income accounts by such ministers. Provides that a church plan maintained by more than one employer shall not be treated as a single plan. Provides that accounting methods of deferred compensation plans of State and local governments and tax-exempt organizations do not apply to a church plan. Exempts a church plan from the requirement to maintain separate accounts for medical benefits for key employees. Provides that the special rules for computing employee contributions to pension plans do not apply to certain foreign missionaries. Repeals the elective deferral catch-up limitation for church retirement income accounts. Allows church plans to annuitize benefits and increase benefit payments. Provides that rules for self-insured medical reimbursement plans are not applicable to church plans. Provides that retirement benefits of ministers are not subject to the tax on net earnings from self-employment.
United States · United States Congress · 13 January 1995
Repeals the Davis-Bacon Act (an Act which requires that the locally prevailing wage rate be paid to various classes of laborers and mechanics working under federally-financed or federally-assisted contracts for construction, alteration, and repair of public buildings or public works). Repeals the Copeland Act (an Act which requires the Secretary of Labor to regulate contractors and subcontractors engaged in the construction or repair of public buildings, public works, or federally financed or assisted buildings or works).
United States · United States Congress · 11 January 1995
Property Rights Litigation Relief Act of 1995 - Prohibits any Federal or State agency from taking private property except for public purpose and with just compensation to the property owner. Specifies that a property owner shall receive just compensation if, as a consequence of a decision of any such agency, private property (whether all or in part) has been physically invaded or taken for public use without the consent of the owner, and such action: (1) does not substantially advance the stated governmental interest to be achieved by the legislation or regulation on which the action is based; (2) exacts the owner's constitutional or otherwise lawful right to use the property or a portion of such property as a condition for the granting of a permit, license, variance, or other agency action without a rough proportionality between the stated need for the required dedication and the impact of the proposed use of the property; (3) results in the property owner being deprived, either temporarily or permanently, of all or substantially all economically beneficial or productive use of the property or that part of the property affected by the action without a showing that such deprivation inheres in the title itself; (4) diminishes the fair market value of the affected portion of the property which is the subject of the action by the lesser of ten percent or more, or $10,000 or more, with respect to the value immediately prior to the governmental action (or under any other circumstance where a taking has occurred within the meaning of the Fifth Amendment to the Constitution). Places the burden of proof on the Government. Specifies that no compensation shall be required by this Act if the owner's use or proposed use of the property is a nuisance, but the burden is on the United States to establish that such use or proposed use is a nuisance. Specifies that if an agency action directly takes property or a portion of property, compensation to the owner shall be the greater of an amount equal to: (1) the difference between the fair market value of the property before and after such property becomes subject to the agency action; or (2) business losses. Sets forth provisions regarding: (1) the transfer of property interest; and (2) the source of compensation. Authorizes a property owner to file a civil action under this Act to challenge the validity of any agency action that adversely affects the owner's interest in private property in either the U.S. District Court or the U.S. Court of Federal Claims. Waives the sovereign immunity of the United States. Grants persons adversely affected by an agency action taken under this Act standing to challenge and seek judicial review of that action. Amends the Federal judicial code to grant the Court of Federal Claims jurisdiction to render judgment upon any claim against the United States for monetary relief founded either upon the Constitution or any Act of Congress or any regulation of an executive department, or upon any express or implied contract with the United States, in cases not sounding in tort or for invalidation of any Act of Congress or any regulation of an executive department that adversely affect private property rights in violation of the Fifth Amendment. Grants such Court the power to grant injunctive and declaratory relief and ancillary jurisdiction to render judgment upon related tort claims. Sets forth provisions regarding: (1) the statute of limitations; (2) attorney's fees and costs; and (3) alternative dispute resolution.
United States · United States Congress · 11 January 1995
Farm, Ranch, and Homestead Protection Act of 1995 - Amends the Endangered Species Act of 1973 to prohibit the Secretary of the Interior, until the Act's reauthorization, from: (1) determining that a species is an endangered or threatened species; or (2) designating a species habitat as a critical habitat. Requires the Secretary, upon the request of persons or entities other than the Federal Government, to compensate such persons or entities for the loss in market value of land that has been designated a critical habitat. Exempts Federal agencies, until the Act's reauthorization, from complying with specified requirements, including: (1) carrying out programs for the conservation of threatened and endangered species; and (2) insuring that Federal actions are not likely to jeopardize the continued existence of endangered or threatened species or result in the destruction of habitat.
United States · United States Congress · 9 January 1995
Requires the head of any Federal agency to differentiate between fats, oils, and greases of animal, marine, or vegetable origin, and other oils and greases in issuing certain regulations.
United States · United States Congress · 9 January 1995
Regulatory Transition Act of 1995 - Establishes a moratorium on Federal regulatory rulemaking actions from November 9, 1994, through June 30, 1995, with certain emergency exceptions for presidentially designated imminent threats to health or safety, or actions necessary for enforcement of criminal laws. Suspends until July 1, 1995, starting 30 days after enactment of this Act, the effectiveness of any such action taken or made effective after November 9, 1994, but before enactment of this Act. Extends for five months or until July 1, 1995, whichever is later, any statutory, regulatory, or judicial deadline for, relating to, or involving any action dependent upon, any regulatory rulemaking actions authorized or required to be taken before the end of the moratorium period. Requires the President to inventory and publish in the Federal Register a list of all covered regulatory rulemaking actions taken or made effective during the moratorium period but before the date of enactment of this Act. Excludes from the meaning of rule: (1) the approval or prescription, on a case-by-case or consolidated basis, for the future of rates, wages, corporation, or financial structures or reorganizations thereof, prices, facilities, appliances, services or allowances therefor, or of valuations costs, or accounting, or practices bearing on any of the foregoing; and (2) the granting of an application for a license, registration, or similar authority, the granting or recognition of an exception, the granting of a variance or petition for relief from a regulatory requirement, or other action relieving a restriction, or any action necessary to permit new or improved applications of technology. Authorizes civil actions by anyone adversely affected by any conduct of a Federal agency in violation of this Act.
United States · United States Congress · 5 January 1995
Repeals provisions establishing a national maximum speed limit.
United States · United States Congress · 5 January 1995
National Commission on Telemedicine Act - Establishes the National Commission on Telemedicine to assess the use of existing and emerging wired and wireless telecommunications and information systems technologies in: (1) health care and health research; (2) health professions student training and continuing education; and (3) medical condition monitoring by individuals at home. Requires the Commission to: (1) assess whether the technologies are effective in improving health care quality and accessibility and reducing cost; (2) identify provider use and acceptance obstacles; (3) develop a model definition of "telemedicine"; and (4) establish appropriate telemedicine service reimbursement. Authorizes appropriations from amounts otherwise appropriated for the National Telecommunications and Information Administration of the Department of Commerce.
United States · United States Congress · 5 January 1995
Expresses the sense of the House of Representatives that: (1) obstetrician-gynecologists should be designated as primary care providers for women in Federal laws relating to the provision of health care; and (2) legislative proposals that define primary care should include services performed by obstetrician-gynecologists in such definition.
United States · United States Congress · 4 January 1995
Amends provisions of the Uruguay Round Agreements Act that revise Federal patent law to provide that a patent term shall be the later of 17 years from the date the patent is granted or 20 years from the date the application was filed in the United States. Provides that if the application contains a reference to an earlier application, the term shall be 20 years from the date the earliest application was filed. Removes provisions that provide for extensions of patent terms under certain conditions. Provides for public disclosure and inspection of original and continuing patent applications in cases where a continuing patent application is filed that claims the benefit of the filing date of a prior application that was filed more than 60 months earlier. Requires the term of a patent that is in force or results from an application filed within six months after the Uruguay Round Agreements Act enactment date to be the term provided in this Act.
United States · United States Congress · 4 January 1995
Amends the Clean Air Act to authorize a State in which all or part of a Severe ozone nonattainment area is located to submit a plan revision requiring employers in such area to implement programs to reduce work-related vehicle trips and miles by employees. (Current law requires such States to submit such revision within two years of the enactment of the Clean Air Act Amendments of 1990.) Authorizes such revision to require employers in such areas to increase average passenger occupancy per vehicle in commuting trips between home and workplace during peak travel periods. (Current law requires specified increases in average passenger occupancy.) Authorizes (currently, requires) the revision to require employers subject to a vehicle occupancy requirement to submit a compliance plan.
United States · United States Congress · 4 January 1995
Amends the Food Security Act of 1985 to reauthorize the conservation reserve program through 2005.
United States · United States Congress · 4 January 1995
Amends the Internal Revenue Code to provide that the burden of proof with respect to all issues, in the case of any court proceeding, is on the Secretary of the Treasury. Requires the Secretary to identify in writing the specific kind or type of tax, and its specific implementing regulations, within 14 days upon the written request from any person made liable for such tax. Increases the limitation on the amount of recovery for civil damages for unauthorized collection actions by the Internal Revenue Service. Excludes such damages from gross income.
United States · United States Congress · 4 January 1995
Immigration Moratorium Act of 1995 - Restricts U.S. immigration levels to specified numbers of family-sponsored immigrants, employment-based immigrants, and refugees.
United States · United States Congress · 4 January 1995
Repeals the National Voter Registration Act of 1993.
United States · United States Congress · 4 January 1995
Language of Government Act of 1995 - Declares English to be the official language of the U.S. Government. States that the Government has an affirmative obligation to preserve and enhance the role of English as the official language. Requires the Government to conduct its official business in English. Prohibits anyone from being denied Government services because he or she communicates in English.
United States · United States Congress · 4 January 1995
Amends Federal law to exclude the Civil Service Retirement and Disability Fund from the Federal and congressional budgets, and exempt it from any general budget limitation imposed by statute on U.S. budget outlays and from certain orders issued under the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act).
United States · United States Congress · 4 January 1995
Amends the Mineral Leasing Act to permit the export of Alaskan North Slope oil. Mandates that, except in certain cases, such oil be transported by American merchant marine vessels. Retains the President's authority to prohibit exportation of the oil. Repeals certain statutory limitations placed upon crude oil exports.
United States · United States Congress · 4 January 1995
American Dream Restoration Act - Amends the Internal Revenue Code to allow individuals a tax credit of $500 multiplied by the number of qualifying children who have not attained age 18. Places limitations on such credit based on: (1) taxpayer adjusted gross incomes over $200,000; and (2) social security tax payments. Provides an inflation adjustment for such credit and the taxpayer adjusted gross income amount. Allows a tax credit for qualified married couples equal to a dollar amount determined by the Secretary of the Treasury to reduce revenues by $2 billion. Describes such couples as those who would be required to pay more in income taxes because they are married than they would be required to pay if they were not married. Establishes individual retirement plans which can be designated as American Dream Savings Accounts. Disallows a tax deduction for amounts contributed to such accounts. Limits contributions to such accounts to the lesser of $2,000, or compensation includible in an individual's gross income for a taxable year ($4,000 in the case of certain married individuals). Provides an inflation adjustment on such amounts. Permits contributions to be made after age 70.5. Excludes distributions from such accounts from gross income and makes the penalty on early distributions inapplicable. Designates qualified distributions as those: (1) made after the individual attains age 59.5; (2) made to a beneficiary on or after the death of the individual; (3) attributable to the individual being disabled; and (4) qualified as special purpose distributions. Prohibits qualified distributions from being made within the five-year period since the account began. Describes special purpose distributions as those for: (1) qualified first-time homebuyers; (2) qualified higher education expenses; and (3) qualified medical expenses, including long-term care insurance.
United States · United States Congress · 4 January 1995
TABLE OF CONTENTS: Title I: Civil Justice Reform Title II: Reform of Private Securities Litigation Common Sense Legal Reforms Act of 1995 - Title I: Civil Justice Reform - Amends the Federal judicial code to provide for the award of attorney's fees to the prevailing party in Federal civil diversity litigation. Grants the district court discretion to reduce the amount of such award under special circumstances. (Sec. 102) Amends Rule 702 of the Federal Rules of Evidence to make inadmissible: (l) testimony by a witness in the form of an opinion that is based on scientific knowledge unless the court determines that such opinion is based on scientifically valid reasoning and is sufficiently reliable so that its probative value outweighs specified dangers; and (2) testimony by a witness who is qualified if such witness is entitled to receive any compensation contingent on the legal disposition of any claim with respect to which such testimony is offered. (Sec. 103) Sets forth rules governing any product liability action brought in State or Federal court against a manufacturer or seller of a product on any theory for harm caused by the product which shall supersede State law only to the extent that State law applies to an issue covered by this section. Specifies that any issue not covered by this section shall be governed by otherwise applicable State or Federal law. Makes a product seller liable to a claimant for harm only if the claimant establishes that: (1) the product which allegedly caused the harm complained of was sold by the product seller, the product seller failed to exercise reasonable care with respect to the product, and such failure to exercise reasonable care was a proximate cause of the claimant's harm; (2) the seller made an express warranty applicable to the product which allegedly caused such harm, independent of any express warranty made by the manufacturer as to the same product, the product failed to conform to the warranty, and the failure of the product to conform caused the claimant's harm; or (3) the seller engaged in intentional wrongdoing as determined under applicable State law and such intentional wrongdoing was a proximate cause of the harm. Makes an exception where: (1) the manufacturer is not subject to service of process under the laws of the State in which the claimant brings the action; or (2) the court determines that the claimant would be unable to enforce a judgment against the manufacturer. Permits the award of punitive damages against a manufacturer or product seller, to the extent permitted by applicable State law, if the claimant establishes by clear and convincing evidence that the harm suffered was the result of conduct manifesting actual malice. Limits the amount of such damages to three times the amount awarded to the claimant for the economic injury on which such claim is based or $250,000, whichever is greater. Specifies that the liability of each manufacturer or seller of the product involved in the action shall be several only and not joint for non-economic damages. Makes the manufacturer or seller liable only for the amount of non-economic damages allocated in direct proportion to such manufacturer's or seller's percentage of responsibility as determined by the trier of fact. (Sec. 104) Expresses the sense of the Congress that each State should require each attorney admitted to practice law in such State to disclose in writing to any client with whom such attorney has entered into a contingency fee agreement: (1) the actual services performed for such client in connection with such agreement; and (2) the precise number of hours actually expended by such attorney in the performance of such services. Amends Rule 11(c) of the Federal Rules of Civil Procedure to require (currently, allow) the court to impose an appropriate sanction upon an attorney, law firm, or party that has made specified representations to the court (e.g., a representation intended to harass, cause unnecessary delay, increase the cost of litigation, or present frivolous arguments) to compensate the parties injured by the conduct. (Sec. 105) Amends the Federal judicial code to require a district court to dismiss a civil action, without prejudice, if: (1) not later than 60 days after such action is commenced, the defendant files a motion to dismiss on the basis that the plaintiff failed to transmit a written statement specifying the particular claims alleged and the amount of damages claimed to the defendant at least 30 days before commencing such action; and (2) the plaintiff fails to establish that before commencing such action the plaintiff complied with such requirement. Sets forth provisions regarding: (1) exceptions (e.g., any civil action to seize or forfeit assets subject to forfeiture and actions where the defendant is likely to flee); and (2) the statute of limitations. (Sec. 106) Revises rule XI of the Rules of the House of Representatives to require each committee report on a bill or joint resolution (bill) of a public character to include: (1) whether that bill preempts the law of any State; (2) the retroactive applicability, if any, of that bill; (3) whether that bill creates a private cause of action and, if so, a description of the relief and the terms and conditions for awarding any attorney fees; and (4) the applicability, if any, of that bill to the Federal Government or any of its agencies or instrumentalities. (Sec. 107) Amends the Racketeer Influenced and Corrupt Organizations Act to prohibit any person from bringing an action under such Act for damages based on injury to that person's business or property if the racketeering activity involves conduct actionable as fraud in the purchase or sale of securities. Title II: Reform of Private Securities Litigation - Securities Litigation Reform Act - Amends the Securities Exchange Act of 1934, with respect to class actions, to require a court-appointed class action steering committee (composed of class members), or, in the absence of such a committee, a guardian ad litem, to direct counsel for the plaintiff class. (Sec. 202) Sets forth disclosure guidelines for any proposed settlement agreement that is disseminated to the plaintiff class, including: (1) a statement about agreement or disagreement on the amount of damages and the likelihood of the plaintiff's prevailing; (2) the amount of legal costs and fees sought as part of the settlement; and (3) the identification of lawyers' representatives who will be available to answer questions from class members. Prohibits the use of disgorgement funds resulting from actions brought by the Securities Exchange Commission (the Commission) to pay legal expenses incurred by private parties seeking distribution of such funds. (Sec. 203) Declares that the portion of any final judgment or settlement awarded to class plaintiffs serving as the representative parties shall be equal (on a per share basis) to the portion of the final judgment awarded to all other members of the class. Revises the guidelines for private class action suits to: (1) require named plaintiffs to own, in the aggregate, at least $10,000 (market value) in the class of securities concerned, or one percent of that class, whichever is lesser; (2) restrict to five the number of class actions filed by a named plaintiff during any three-year period; (3) subject a losing party litigant to liability for the prevailing party's legal fees; (4) require the court to make a conflict of interest determination with respect to a plaintiff's counsel with a beneficial interest in the securities that are the subject of the litigation; (5) discharge from all claims for contribution by nonsettling persons a defendant who settles before verdict or judgment; (6) provide for recovery of contribution by a person who becomes liable for damages from certain non-parties who would have been liable for the same damages, if joined in the original suit; and (7) grant defendants the right to special verdicts establishing scienter (state of mind). Prohibits brokers or dealers from soliciting or accepting referral fees from an attorney for obtaining the representation of a customer in any private action. (Sec. 204) Delineates the requirements for securities fraud actions, including: (1) explicit pleading and proof of scienter; (2) plaintiff's reliance on a material misstatement or omission that proximately caused the plaintiff's loss; and (3) limitations on damages. (Sec. 205) Directs the Commission to: (1) re-examine the regulatory and judicial framework with respect to predictive statements concerning the future economic performance of an issuer of securities ("forward-looking statements"); (2) create clear and objective criteria ("safe harbor" rules), sufficient to protect investors, by which forward-looking statements will be deemed not to violate such Act; and (3) prescribe procedures for timely court dismissal of claims against securities issuers based on such statements. (Sec. 206) Prescribes procedural guidelines for alternative dispute resolution of private actions, especially class actions.
United States · United States Congress · 4 January 1995
Repeals provisions of the Communications Act of 1934 relating to assistance for public telecommunications facilities, telecommunications demonstrations, and the Corporation for Public Broadcasting (the statutory authority for the Corporation).
United States · United States Congress · 4 January 1995
Lender and Fiduciary Fairness in Liability Act of 1995 - Amends the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA) to exclude from the definition of "owner or operator" (thus, protecting from individual liability) fiduciaries who hold legal title to, are the mortgagees or secured parties with respect to, control, or manage any facility or vessel at which a hazardous substance release occurred for purposes of administering an estate or trust of which such vessel or facility is a part. Provides that the liability of a fiduciary that is liable under other CERCLA provisions for releases in connection with property held in a fiduciary capacity may not exceed the assets held in such capacity that are available to indemnify the fiduciary. Provides for potential liability of fiduciaries in cases of negligence or intentional misconduct. Lists additional conditions under which fiduciaries are exempted from liability. Limits CERCLA liability of lenders in connection with property acquired through foreclosure, subject to a security interest, held by a lessor pursuant to an extension of credit, or subject to financial control pursuant to an extension of credit to the actual benefit conferred on such lenders by a removal, remedial, or response action undertaken by another party. Defines the "actual benefit" as the net gain realized by the lender due to such action. Provides for potential liability for response actions of lenders that caused or contributed to releases. Creates a rebuttable presumption that a defendant who has acquired real property has made all appropriate inquiry into previous ownership and uses of the property if he establishes that, within 180 days prior to the time of acquisition, he conducted an environmental site assessment (an assessment of the property and surrounding areas to determine the presence of contamination and which provides for review of specified records and inspections). Provides that no presumption shall arise: (1) unless the defendant has maintained a compilation of the information reviewed in the course of the assessment; or (2) if the assessment discloses contamination on the property to be acquired, unless the defendant has taken reasonable steps to confirm the absence of such contamination. Amends the Solid Waste Disposal Act to exclude fiduciaries and certain security interest holders from the definitions of "operator," "generator," and "transporter."
United States · United States Congress · 4 January 1995
FBI Counterintelligence Act of 1995 - Amends the Fair Credit Reporting Act to require a consumer reporting agency (agency) to furnish to the Federal Bureau of Investigation (FBI) the names and addresses of all financial institutions at which a consumer maintains or has maintained an account, to the extent that such information is in the agency's files, when presented with a written request signed by the Director of the FBI which certifies compliance with this Act. Permits the Director to make such certification only upon determining in writing that: (1) such information is necessary for the conduct of an authorized foreign counterintelligence investigation; and (2) there are specific and articulable facts giving reason to believe that the consumer is a foreign power or an official of a foreign power, or is an agent of a foreign power engaging in international terrorism or clandestine intelligence activities involving a violation of U.S. criminal statutes (clandestine activities). Requires an agency to furnish certain identifying information respecting a consumer to the FBI when presented with such a written request. Authorizes a court to issue an order ex parte directing an agency to furnish a consumer report to the FBI if requested in writing by the Director upon a showing in camera that: (1) the consumer report is necessary for the conduct of an authorized foreign counterintelligence investigation; and (2) there are specific and articulable facts giving reason to believe that the consumer whose consumer report is sought is an agent of a foreign power and is engaging or has engaged in international terrorism or clandestine activities. Sets forth provisions regarding: (1) confidentiality; (2) payment of fees; (3) limits on dissemination; (4) reporting requirements; (5) damages; (6) disciplinary actions for violations; (7) a good-faith exception (for an agency relying upon an FBI certification); (8) limitation of remedies; and (9) injunctive relief and costs.
United States · United States Congress · 4 January 1995
TABLE OF CONTENTS: Title I: Motor Vehicle Inspection and Maintenance Title II: Redesignation of Attainment Areas Title I: Motor Vehicle Inspection and Maintenance - Provides that States shall not be required to implement enhanced vehicle inspection and maintenance programs under provisions of the Clean Air Act pertaining to Serious, Extreme, and Severe ozone nonattainment areas and ozone transport regions before two years after this Act's enactment date. Directs the Administrator of the Environmental Protection Agency to immediately rescind regulations relating to the operation of such programs on a centralized basis and issue new regulations to allow the operation of such programs on a centralized or decentralized basis at the option of each State. Prohibits, until the Administrator carries out such requirements, the imposition of sanctions for failures by States to implement such programs or specified adverse actions against States by the Administrator or the Administrator of the Federal Highway Administration. Requires the Administrator to consider the operation of programs on a decentralized basis as equivalent to operation on a centralized basis if the State demonstrates that such equivalency is reasonable. Title II: Redesignation of Attainment Areas - Amends the Clean Air Act to provide that if a State Governor submits a redesignation of an area from nonattainment to attainment and such designation is based upon attainment of the relevant national ambient air quality standard for three consecutive years, such redesignation shall become effective immediately upon receipt by the Administrator.
United States · United States Congress · 4 January 1995
Citizens' Self-Defense Act of 1995 - Declares that a person not prohibited by Federal law from receiving a firearm shall have the right to obtain firearms for security and to use firearms in defense of: (1) self or family against a reasonably perceived threat of imminent and unlawful infliction of serious bodily injury; (2) self or family in the course of the commission by another person of a violent felony against the person or a member of the person's family; and (3) the person's home in the course of the commission of a felony by another person. Authorizes persons whose rights under this Act have been violated to bring an action in U.S. district court against the United States, any State, or any person for damages, injunctive relief, and such other relief as the court deems appropriate. Sets forth provisions regarding: (1) the award of attorney's fees; and (2) the statute of limitations.
United States · United States Congress · 4 January 1995
Amends Federal transportation law to repeal specified authorities with respect to the National Railroad Passenger Corporation (AMTRAK), eliminating intercity rail passenger transportation (while retaining AMTRAK commuter services). (Sec. 3) Repeals a provision which provides for the judicial review of the discontinuance of a route, a train, or transportation, or the reduction in the frequency of transportation by AMTRAK. (Sec. 4) Authorizes appropriations in decreasing amounts over four fiscal years. (Sec. 5) Repeals specified laws that apply to AMTRAK operations, abolishing the Board of Directors. Declares that the United States relinquishes all rights held in any stock, note of indebtedness, or mortgage issued by or entered into with AMTRAK. (Sec. 6) Repeals: (1) certain provisions which require AMTRAK to make an agreement to avoid duplicating employee functions; (2) all authority for operation of the AMTRAK route system; and (3) all authority for the Northeast Corridor improvement program. (Sec. 8) Prohibits a rail carrier employee whose employment is terminated as a result of a discontinuance of intercity rail passenger service from receiving any wage continuation or severance benefit in excess of six months pay. Authorizes a rail carrier to require an employee whose position is eliminated as a result of such discontinuance to transfer to any vacant position for which he or she can be made qualified on any part of the rail carrier's system. (Sec. 9) Amends the Federal Employers' Liability Act (or Employers' Liability Act) to declare that it shall not apply to common carriers to the extent they provide rail passenger transportation.
United States · United States Congress · 4 January 1995
Amends the Internal Revenue Code to allow taxpayers primarily engaged in a farming-related business an investment tax credit for a percentage of: (1) the costs of agricultural environmental property; and (2) the amount allowed as a deduction for soil and water conservation expenditures.
United States · United States Congress · 4 January 1995
Constitutional Amendment - Requires the Congress, prior to each fiscal year, to adopt a statement in which total Federal outlays do not exceed total receipts, unless a three-fifths vote of both Houses authorizes a specific excess. Prohibits a bill to increase receipts from becoming law unless approved by a three-fifths majority in each House. Directs the President to submit a balanced budget. Sets a permanent limit on the amount of Federal public debt, prohibiting any increase unless legislation enacted by a three-fifths majority of both Houses become law. Requires roll call votes in the House and Senate under this amendment.
United States · United States Congress · 4 January 1995
TABLE OF CONTENTS: Title I: Reducing Illegitimacy Title II: Requiring Work Title III: Capping the Aggregate Growth of Welfare Spending Title IV: Restricting Welfare for Aliens Title V: Consolidating Food Assistance Programs Title VI: Expanding Statutory Flexibility of States Title VII: Drug Testing for Welfare Recipients Title VIII: Effective Date Personal Responsibility Act of 1995 - Title I: Reducing Illegitimacy - Expresses the sense of the Congress with regard to the importance of marriage as a social institution and the negative consequences of out-of-wedlock births, declaring that the reduction of such births is an important government interest. (Sec. 101) Amends parts A (Aid to Families with Dependent Children) (AFDC), D (Child Support and Establishment of Paternity), and E (Foster Care and Adoption Assistance) of title IV of the Social Security Act (SSA) to generally deny AFDC to families on whose behalf an AFDC application is made after the effective date of this title for a dependent child whose paternity has not been established, unless the child was conceived through rape or incest, or efforts to establish paternity would result in physical danger to the child or relative claiming such aid. Allows AFDC payments if such relative alleges that any of up to three named individuals may have fathered the child, provides their addresses, and the State has not disproved the allegation. States that denial of AFDC benefits shall have no effect on the family's eligibility for Medicaid and foster care and adoption assistance. (Sec. 102) Requires unwed mothers under age 19 to live at home or in another adult-supervised living arrangement in order to receive AFDC. (Sec. 103) Requires State officers or employees, as soon as they become aware, in the performance of official duties, of a pregnant, unmarried individual, to warn the individual of ineligibility for State aid unless she informs the State of the prospective father's identity and cooperates in establishing the child's paternity. Calls for States to: (1) develop procedures in public hospitals and clinics to facilitate the acknowledgement of paternity; and (2) establish legal procedures that permit the establishment of paternity as quickly and easily as possible. (Sec. 104) Increases the State paternity establishment percentage. (Sec. 105) Denies, generally, AFDC to a child born out-of-wedlock on or after the effective date of this title to an individual under age 18 unless afterwards such individual marries the biological father, or the biological parent with legal custody of the child marries an individual who legally adopts the child. Preserves the family's eligibility for Medicaid and foster care and adoption assistance despite reduction or denial of AFDC. (Sec. 106) Denies AFDC with respect to additional children born on or after the effective date of this title to an AFDC recipient or to an individual who received AFDC at any time during the ten-month period ending with the birth of the child, unless the recipient or individual was pregnant with the child when applying for AFDC. Preserves the family's eligibility for Medicaid and foster care and adoption assistance despite reduction or denial of AFDC. (Sec. 107) Gives States the option of denying AFDC (but without effect on eligibility for Medicaid and foster care and adoption assistance) to individuals aged 18, 19, or 20 who have a child out-of- wedlock after the effective date of this title, as well as to an out- of-wedlock child of such an individual, unless, after the child's birth, such individual marries the biological father, the biological parent with legal custody of the child marries an individual who legally adopts the child, or the individual is the biological and custodial parent of another child not born out-of-wedlock. Allows States the option of denying housing benefits to the same individuals unless the same conditions are met, or Federal housing assistance eligibility is based on any household member's disability or handicap of a household member. (Sec. 108) Adds under SSA title IV a new part C (Grants for Assistance to Children Born Out-of-Wedlock) for giving qualified States the flexibility and resources necessary to provide appropriate non-abortion related services and activities to discourage out-of- wedlock births and to care for children born out-of-wedlock through such initiatives as promoting adoption and establishing and operating group homes and orphanages. Requires the Comptroller General to report to the Congress on whether illegitimacy rates have changed as a result of this Act, and on State efforts under such new grant program. (Sec. 109) Prohibits any agency or entity that receives Federal assistance, and is involved in adoption or foster care placements, from: (1) denying to any person the opportunity to become an adoptive or a foster parent on the basis of the race, color, or national origin of the person, or of the child, involved; and (2) delaying or denying the placement of a child for adoption or into foster care, or otherwise discriminating in making a placement decision on such basis. Title II: Requiring Work - Amends SSA title IV part A to require State AFDC plans to require AFDC recipients to participate for a certain number of hours per week in a work supplementation or community work experience program under SSA title IV part F (Job Opportunities and Basic Skills Training Program), or in any other work program established by the State and, under certain circumstances, in job search activities in order to move adult welfare recipients from welfare dependency to paid employment as quickly as possible. (Sec. 202) Provides for a reduction in AFDC in cases of noncompliance with work requirements, and for eventual termination of AFDC for repeated noncompliance. Terminates AFDC to any adult recipient after five years. Grants States the option of terminating AFDC after two years. Makes various specified changes relating to unemployed parents, with the option to limit the AFDC-UP program extended to all States. Eliminates certain JOBS program rules. Expresses the sense of the Congress that each State that operates an AFDC program is encouraged to assign the highest priority to requiring families that include older preschool or school-age children to participate in a work program. (Sec. 203) Revises work supplementation program provisions, among other changes, giving States the authority to use sums that would otherwise be expended for food stamp benefits to provide subsidized jobs for participants. (Sec. 204) Provides for payments to States for certain individuals receiving State food assistance who perform work on behalf of the State or a political subdivision through a work program. Title III: Capping the Aggregate Growth of Welfare Spending - Limits the total amount of Federal spending for AFDC, supplemental security income (SSI), housing aid, and other specified welfare programs beginning in FY 1996 to the total amount of Federal spending for the preceding fiscal year on those programs, adjusted for inflation and change of the poverty population. (Sec. 301) Requires: (1) the joint explanatory statement accompanying a conference report on a budget resolution to include allocations to each committee based on such spending cap; and (2) reconciliation directives to specify reductions for each committee necessary to comply with such caps. (Sec. 302) Terminates all entitlements of individuals to benefits, and of States to payments, under SSA's AFDC, child support enforcement, and SSI programs effective October 1, 1995. (Sec. 303) Requires all savings from welfare spending limits to be used for deficit reduction. Title IV: Restricting Welfare for Aliens - Makes aliens (with exceptions for refugees, elderly lawful residents, and current eligible residents) ineligible for specified public assistance programs, except for emergency medical services. (Sec. 402) Amends SSA title IV part A to require State AFDC agencies to provide the Immigration and Naturalization Service with information on illegal aliens. Title V: Consolidating Food Assistance Programs - Repeals the Food Stamp Act of 1977, the Child Nutrition Act of 1966, the Emergency Food Assistance Act of 1983, the Hunger Prevention Act of 1988, the National School Lunch Act, the Commodity Distribution Reform Act and WIC Amendments of 1987, and other specified Federal laws and replaces them with a: (1) State food assistance block grant program to provide food assistance to economically disadvantaged individuals and families; and (2) new food coupon program. (Sec. 503) Authorizes the Secretary and the Commodity Credit Corporation to sell surplus commodities and foodstuffs to the States to provide food assistance to eligible populations. Title VI: Expanding Statutory Flexibility of States - Amends SSA title IV part A to grant States the option of: (1) converting their AFDC payments into a fixed annual block grant; (2) treating new residents under the rules of the former State; (3) reducing AFDC payments for parents under age 21 who have not completed high school or earned their high school equivalency; (4) providing for a married couple transition benefit under certain conditions; (5) disregarding income and resources designated for education, training, and employability, or related to self-employment; and (6) requiring attendance at parenting and money management classes, and prior approval of any action that would result in a change of school for a dependent child. Title VII: Drug Testing for Welfare Recipients - Amends SSA title IV part A to require AFDC recipients to undergo necessary substance abuse treatment as a condition of receiving AFDC. Title VIII: Effective Date - Sets forth the effective date of this Act.