United States · United States Congress · 2 February 1995
Higher Education Accumulation Program Act of 1995 - Amends the Internal Revenue Code to allow a deduction for amounts paid to a Higher Education Accumulation Program (HEAP) account established to accumulate funds to pay the educational expenses of a child of the taxpayer. Declares such accounts exempt from tax. Allows the deduction in arriving at adjusted gross income. Imposes an excise tax on excess contributions and prohibited transactions. Imposes a penalty for failure to meet reporting requirements.
United States · United States Congress · 1 February 1995
Medicaid Mammography Coverage Act of 1995 - Amends title XIX (Medicaid) of the Social Security Act to provide Medicaid coverage of screening mammographies for women aged 35 and older. Varies the permissible frequency of such covered tests on the basis of a woman's age and her risk of developing breast cancer. Directs the Secretary of Health and Human Services to periodically review and revise permissible frequencies of such tests. Makes such coverage mandatory. Prohibits imposition of charges against beneficiaries for such services. Provides for a 100 percent Federal match for such screening mammography services.
United States · United States Congress · 1 February 1995
Equal Access to Annual Screening Mammography Act of 1995 - Amends part B (Supplementary Medical Insurance) of title XVIII (Medicare) of the Social Security Act to revise the breast cancer screening benefit to cover on an annual basis (currently, biennial) routine breast cancer screening for women aged 65 and older (thus covering them on the same basis as those aged 49 through 64).
United States · United States Congress · 1 February 1995
Code of Conduct on Arms Transfers Act of 1995 - Prohibits U.S. military assistance and arms transfers to a foreign government unless the President certifies to the Congress that the government: (1) meets specified conditions regarding democracy, including that it was chosen by free and fair elections and promotes civilian control of the military, the rule of law, and respect for individual rights; (2) does not engage in human rights violations, investigates and prosecutes those responsible for human rights violations, permits access to political prisoners by international organizations, and provides access to such organizations in situations of conflict or famine; (3) is not engaged in acts of armed aggression in violation of international law; and (4) is participating in the United Nations Register of Conventional Arms. Authorizes an exemption from such prohibition for a fiscal year if: (1) the President requests an exemption from the Congress stating that it is in the national security interest to provide military assistance and arms transfers to a government; and (2) the Congress enacts a law approving such request. Requires the President to submit initial certifications and requests for exemptions in conjunction with the submission of the annual request for enactment of authorizations and appropriations for foreign assistance. Expresses the sense of the Congress that the House International Relations Committee and the Senate Foreign Relations Committee should hold hearings on controversial certifications and all requests for exemptions.
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 · 31 January 1995
Expresses the sense of the House of Representatives that the Federal Open Market Committee and the Board of Governors of the Federal Reserve System should defer any further increase in the Federal funds rate and the discount rate until at least September 1995 in order to assess the impact of past increases on the soundness of the American economy and the economic security of the American worker and his or her family.
United States · United States Congress · 30 January 1995
Amends the Internal Revenue Code to make permanent the special rules for gifts of qualified appreciated stock to certain tax-exempt private foundations for purposes of the itemized deduction of charitable contributions. Includes grants to certain foreign organizations as qualified distributions by private foundations for purposes of the tax on failure to distribute income. Changes the due date for first quarter estimated tax payments by private foundations.
United States · United States Congress · 30 January 1995
Urges the United State Trade Representative to continue to insist that China take steps to enforce its laws protecting intellectual property rights and to control the piracy of the intellectual property rights of U.S. individuals and businesses.
United States · United States Congress · 27 January 1995
TABLE OF CONTENTS: Title I: General Provisions Title II: Revenue from Mining Claims Title III: Helium Title IV: Use of Disposal of Federal Natural Resources Title V: National Park Concessions Public Resources Deficit Reduction Act of 1995 - Title I: General Provisions - Prohibits any timber, minerals, forage, or other natural resources owned by the United States, any federally owned water, or hydroelectric energy of a Federal facility from being sold, leased, or otherwise disposed of by any Federal entity for less than fair market value. (Sec. 102) Authorizes the Secretaries of the Interior and Agriculture to establish and collect user fees as necessary to reimburse the United States for expenses incurred in administering programs. (Sec. 103) Requires the revenues from the sale, lease, and transfer of Federal assets to be included in the President's budget submission to Congress. Title II: Revenue from Mining Claims - Requires the holders of mining claims to pay an annual claim maintenance fee of $100 per claim per calendar year. Allows the waiver of such fee for holders of more than ten claims. (Sec. 203) Requires claimholders to pay a royalty of eight percent of gross income for production of locatable minerals on Federal lands. (Sec. 204) Amends the Internal Revenue Code to impose an excise tax on gross income resulting from the severance of any locatable mineral, or mineral concentrates or products, from a mine or other natural deposit. Makes such tax inapplicable to gross income to which a royalty is imposed. (Sec. 205) Establishes the Abandoned Locatable Minerals Mine Reclamation Fund for the reclamation and restoration of land and water resources adversely affected by past mineral activities on Federal lands. Credits the royalties and excise tax under this title to such Fund. (Sec. 206) Prohibits the issuance of a patent for any mining claim unless the Secretary of the Interior determines that, for the claim concerned: (1) a patent application was filed before January 27, 1995; and (2) all requirements are met under the Revised Statutes for vein or lode claims and for placer claims. (Sec. 207) Requires the Secretary to adjust all dollar amounts under this title for changes in purchasing power every ten years, employing the Consumer Price Index as the basis for adjustment. Title III: Helium - Amends the Helium Act to authorize the Secretary of the Interior to: (1) enter into agreements with private parties for the recovery and disposal of helium on Federal lands; (2) grant leasehold rights to such helium; (3) store and transport crude helium; and (4) maintain and operate existing crude helium storage at the Bureau of Mines Cliffside Field. Directs the Secretary to: (1) cease producing, refining, and marketing refined helium; and (2) dispose of all facilities, equipment, and Federal property interests relating to refined helium activities. Requires the Secretary to impose fees for helium storage, withdrawal, or transportation services. Prescribes guidelines for: (1) the purchase of helium by Federal agencies from certain private persons; and (2) the sale of crude helium by the Secretary. Prohibits the Secretary from making crude helium sales in amounts that will disrupt the crude helium market price. Mandates that proceeds from helium sales be paid to the Treasury. Instructs the Secretary to eliminate helium stockpiles by a prescribed deadline. Repeals the Secretary's authority to borrow under the Helium Act. Title IV: Use or Disposal of Federal Natural Resources - Amends the Federal Land Policy Management Act of 1976 to direct the Secretary of Agriculture, with respect to National Forest lands in the 16 contiguous Western States, and the Secretary of the Interior, with respect to public domain lands, where domestic livestock grazing is permitted under applicable law, to establish and implement an annual domestic livestock grazing fee equal to fair market value, based on a specified formula. Sets forth provisions regarding: (1) abolition of grazing advisory boards; and (2) the U.S. share of receipts. (Sec. 402) Amends the National Forest Management Act of 1976 to prohibit below-cost timber sales from National Forest System Lands. (Sec. 403) Amends the Forest and Rangeland Renewable Resources Planning Act of 1974 to require the Secretary of Agriculture in revising land management plans to take into account the economic suitability of lands for timber production. (Sec. 404) Amends the Reclamation Project Act of 1939 to require that irrigation water from the Bureau of Reclamation used to grow surplus crops be paid for at the full cost for delivery. (Sec. 405) Amends the Food Security Act of 1995 and the Federal Crop Insurance Act to provide for the reduction of payment limitations for persons who receive Federal irrigation water for agricultural purposes. (Sec. 408) Amends the Emergency Livestock Feed Assistance Act of 1988 to repeal the livestock feed assistance program. (Sec. 409) Requires that permits for the use of communications sites on public lands be established at fair market value. (Sec. 410) Amends the Mineral Leasing Act to require that oil and gas rental prices for leases on public lands be established at fair market value. Title V: National Park Concessions - Repeals the Concessions Policy Act of 1965. (Sec. 504) Authorizes the Secretary of the Interior to award concession contracts that authorize private persons, corporations, or other entities to provide services to park visitors and to utilize facilities if it is determined that such award is appropriate. (Sec. 505) Requires a concession contract to be awarded to the person submitting the best proposal through a competitive selection process to be established by the Secretary. Allows waiver of such procedures and award of a temporary contract to avoid interruption of services. Requires the Secretary to publish a notice of availability for a prospectus soliciting proposals for contracts for concessions at a Park specifying minimum contract requirements and contract terms and conditions. Requires congressional notification of any proposed contract with anticipated gross receipts exceeding $1 million or of a duration of ten or more years. Prohibits the Secretary from granting a preferential right to a concessioner to renew concession contracts under this Act, with exceptions. Allows such preferential rights to be granted for certain outfitting and guide contracts and certain contracts with annual gross receipts of under $500,000. (Sec. 506) Sets forth criteria for determining franchise fees, including fees for multiple franchise contracts within a park. (Sec. 507) Requires all fees to be: (1) covered into a special Treasury account established for reallocation to NPS units for resource management and protection, maintenance activities, interpretation, and research; or (2) deposited into a Park Improvement Fund established by the concessioner (as directed by the Secretary) from which expenditures shall be made for park activities and projects. Requires: (1) an annual statement from the concessioner to the Secretary reflecting total activity in the Fund for the preceding fiscal year; and (2) an annual report from the Secretary to specified congressional committees concerning Fund expenditures. (Sec. 508) Establishes a maximum: (1) ten-year duration for a concessions contract, provided that the Secretary may award a contract for up to 20 years if determined necessary; and (2) two-year duration for a temporary contract. (Sec. 509) Requires the approval of the Secretary and congressional notification before a concession contract can be transferred, assigned, sold, or conveyed and sets forth conditions that preclude such conveyance. (Sec. 510) Grants possessory interest to: (1) concessioners who have commenced acquisition or construction of any structure on Federal land within a park before the enactment of this Act; and (2) concessioners who construct or acquire an improvement on U.S. land within a Park after enactment of this Act. (Sec. 511) Places limitations on a concessioner's rates and charges to the public. (Sec. 512) Directs the Secretary to: (1) periodically evaluate the performance of each concessioner under contract; (2) terminate a contract if a concessioner fails, within the prescribed time, to meet minimum requirements identified in a notice of unsatisfactory performance; and (3) notify specified congressional committees of each unsatisfactory rating and each contract terminated. (Sec. 513) Provides that the Comptroller General of the United States shall, until the expiration of five calendar years after the close of the business year for each concessioner, have access to and the right to examine any pertinent books, documents, papers, and records of the concessioner related to the contracts. (Sec. 514) Exempts contracts awarded by the Secretary under this Act from certain provisions of Federal law with respect to the leasing of U.S. buildings and properties. (Sec. 516) Requires the Inspector General of the Department of the Interior to submit biannual reports to specified congressional committees on the implementation of this Act and its effect on facilities operated pursuant to concession contracts and on visitor services. (Sec. 517) Authorizes appropriations.
United States · United States Congress · 25 January 1995
TABLE OF CONTENTS: Title I: Retirement Savings Incentives Subtitle A: Restoration of IRA Deduction Subtitle B: Nondeductible Tax-Free IRAs Title II: Penalty-Free Distributions Title III: Aid to Families with Dependent Children Savings and Investment Incentive Act of 1995 - Title I: Retirement Savings Incentives - Subtitle A: Restoration of IRA Deduction - Amends the Internal Revenue Code to restore the deduction for individual retirement plans (IRAs). Provides a phase-up of income limits (from 1995 through 1998) with respect to the limitation on the deductibility of contributions to IRAs by active participants in employer-maintained plans. Removes the spousal rule from such limitation. Terminates income limits after December 31, 1998. Provides an inflation adjustment for deductible amounts after 1995. Allows certain spouses a full deduction for contributions to an IRA. Makes certain coins and bullion ineligible as collectible investments for purposes of distributions from an IRA. Coordinates the limit on such deduction with the elective deferral limit under other pension provisions. Subtitle B: Nondeductible Tax-Free IRAs - Allows individuals to establish individual retirement plus (IRA plus) accounts with tax treatment similar to that for individual retirement plans. Makes contributions to such accounts nondeductible. Excludes distributions from such accounts from the gross income of the distributee, if the assets remain in such accounts for at least five years. Allows qualified transfers to be made to such accounts. Establishes penalties for early withdrawals and excess contributions. Title II: Penalty-Free Distributions - Allows distributions from certain retirement plans without penalty to: (1) purchase first homes; (2) pay higher education expenses; (3) pay long-term care insurance premiums; (4) pay financially devastating medical expenses; and (5) assist certain unemployed individuals. Title III: Aid to Families with Dependent Children - Amends part A (Aid to Families with Dependent Children) (AFDC) of title IV of the Social Security Act to exclude from AFDC eligibility determinations certain income and resources that are to be used for education, training, and employability purposes. Requires the Secretary of Health and Human Services to report to specified congressional committees on the use of qualified asset accounts. Requires the Secretary to report to the Congress on a revision of the AFDC limit on automobiles in order to increase the employability of AFDC recipients.
United States · United States Congress · 25 January 1995
Securities Litigation Equity Act of 1995 - Amends the Securities Exchange Act of 1934 (the Act) to prohibit brokers, dealers, or associated persons from soliciting or accepting referral fees from an attorney for obtaining the representation of a customer in any implied private action. (Sec. 2) Prohibits, unless otherwise ordered by the court, the use of funds disgorged solely as the result of any administrative or court action brought by the Securities and Exchange Commission (SEC) to pay legal expenses incurred by private parties seeking distribution of such funds. Modifies the guidelines for class action litigation, including: (1) recovery by named plaintiffs in the same manner as all other members of the class; (2) court determination of conflicts of interest on the part of counsel with a beneficial interest in the securities that are the subject of the litigation; (3) restrictions on settlements under seal; (4) restrictions on payment of attorney's fees from settlement funds; (5) disclosure of settlement terms to class members; and (6) special verdicts. (Sec. 3) Establishes a statute of limitations period for implied private rights of action. (Sec. 4) Provides for a court-appointed guardian ad litem or class action steering committee to oversee counsel and settlement offers for the plaintiff class. (Sec. 5) Delineates the requirements for securities fraud actions. (Sec. 6) Modifies the allocation of damages scheme to distinguish between primary degrees of responsibility and the application of proportionate liability. (Sec.7) Directs the SEC to re-examine the regulatory and judicial framework with respect to predictive statements ("forward-looking statements") concerning the future economic performance of an issuer of securities. Amends the Securities Exchange Act of 1934 to prescribe litigation procedures with respect to safe harbors for forward-looking statements. (Sec. 8) Modifies requirements for audits conducted by an independent public accountant of an issuer's financial statements to include procedures to: (1) detect illegal acts; (2) identify related party transactions material to financial statements; and (3) evaluate an issuer's ability to continue as a going concern. Sets forth notification and reporting guidelines for a public accountant who detects illegal activities during the course of an audit. Limits such auditor's liability for complying with such guidelines. Establishes civil penalties for an auditor's noncompliance with this Act. (Sec. 9) Amends the Racketeer Influenced and Corrupt Organizations statute to exclude from its purview a civil action if the racketeering activity in question involves fraud in the sale of securities.
United States · United States Congress · 24 January 1995
Justice for Wards Cove Workers Act - Amends the Civil Rights Act of 1991 to remove a provision excluding from application of the Act any disparate impact case filed before March 1, 1975, and decided after October 30, 1983. (Wards Cove Packing Co. v. Atonio, 1989, held that, in cases brought under title VII of the Civil Rights Act, the burden is on the plaintiff to prove an employer had no business necessity for a practice with discriminatory effects.) Applies the amendments made by the Civil Rights Act of 1991 to a case that is subject to the removed provision in the same way such amendments apply to any other case brought under the employment discrimination provisions of the Civil Rights Act of 1964.
United States · United States Congress · 24 January 1995
Entrepreneurship Promotion Act of 1995 - Amends the Internal Revenue Code to provide for the nonrecognition of gain from the sale of eligible small business stock if the proceeds are used to purchase other eligible small business stock.
United States · United States Congress · 20 January 1995
Pharmacy Compounding Preservation Act of 1994 - Amends the Federal Food, Drug, and Cosmetic Act to make such Act inapplicable to: (1) licensed retail pharmacies that compound drugs in conformance with applicable local laws regulating the practice of pharmacy and medicine; and (2) bulk drug products intended to be used by pharmacies for compounding, except to the extent that such provisions relate directly to the purity and quality of such bulk drug products.
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 rule XLIII of the Rules of the House of Representatives to revise provisions regarding the acceptance of gifts. Prohibits any Member, officer, or employee of the House from knowingly accepting a gift from a paid lobbyist, lobbying firm, or an agent of a foreign principal. Includes within the gift restriction: (1) anything provided to a Member, officer, or employee by lobbyists or foreign agents which is believed to be paid for or reimbursed by a client or firm of the lobbyist or foreign agent; (2) charitable contributions made by lobbyists, lobbying firms, or foreign agents on the basis of a recommendation or specification of a Member, officer, or employee or charitable contributions made by such individuals in lieu of honoraria; (3) contributions and other payments by lobbyists, lobbying firms, or foreign agents to a legal expense fund established for the benefit of a Member, officer, or employee; and (4) financial contributions or expenditures made by lobbyists, lobbying firms, or foreign agents relating to a conference or similar event affiliated with an official congressional organization for or on behalf of Members, officers, or employees. Lists items exempt from such restriction, including: (1) unused items that are promptly returned to the donor; (2) food or refreshments of nominal value; (3) benefits resulting from the business or outside activities of the spouse of the Member, officer, or employee if such benefits are customarily provided to others; (4) pension and other benefits resulting from continued participation in an employee welfare and benefits plan maintained by a former employer; and (5) specified informational materials. Makes the gift restriction inapplicable under circumstances which make it clear that the gift is given for a nonbusiness purpose and is motivated by a family or close personal relationship. Sets forth factors to be considered in determining if the giving of the item is so motivated. Prohibits any Member, officer, or employee from knowingly accepting a gift from any other person (currently, such individuals may accept gifts totalling up to $250 from any one person, except as permitted by specified waivers). Considers a gift to a spouse or dependent of a Member, officer, or employee to be a gift to the Member, officer, or employee if given with their knowledge and acquiescence and if there is reason to believe that the gift was given because of their official positions. Lists items exempt from the gift restriction, including: (1) anything provided on the basis of a personal or family relationship unless the Member, officer, or employee has reason to believe that the gift was provided because of his or her official position; (2) unused items that are promptly returned to the donor; (3) food or refreshments believed to have a value of less than $20; (4) food, lodging, and other benefits resulting from the outside business or employment activities of a Member, officer, or employee or their spouses if such benefits have not been offered or enhanced because of the recipient's official position; (5) such benefits customarily provided by a prospective employer in connection with bona fide employment discussions or by a political organization in connection with a fundraising or campaign event; (6) certain awards or prizes given in contests open to the public; (7) certain honorary degrees and other awards; (8) donations of products from the Member's State that are intended for promotional purposes and are of minimal value; (9) food and entertainment provided to a Member or employee in the home State subject to reasonable limitations; (10) certain training; (11) bequests and inheritances; (12) anything paid for by the Government or by a State or local government or secured under a Government contract; (13) a gift of personal hospitality; (14) free attendance at an event, as permitted by this Act; and (15) certain other opportunities and benefits. Establishes conditions under which a Member, officer, or employee may accept an offer of free attendance at a convention, dinner, or similar event. Prohibits the acceptance of a gift exceeding $250 on the basis of the personal relationship or friendship exception unless the Committee on Standards of Official Conduct determines that such exception applies. Provides that certain reimbursements to a Member, officer, or employee for travel expenses to an event in connection with official duties shall not be considered as gifts if advance authorization to accept reimbursement is received and the reimbursement and authorization are disclosed within a specified time period. Amends rule XLVII to prohibit Members, officers, or employees, beginning in 1995, from receiving copyright royalties for any work: (1) unless the royalty is received from an established publisher pursuant to usual and customary contractual terms; (2) unless the total amount of royalties for the work does not exceed one-third of the individual's annual pay as a Member, officer, or employee for the year in which the contract is entered into; and (3) without the prior notification and approval of the contract by the Committee on Standards of Official Conduct. Bars the receipt of advance payment for any such work. Makes such restriction applicable only to royalties received by such individuals after adoption of this resolution pursuant to any contract entered into while a Member, officer, or employee.
United States · United States Congress · 18 January 1995
Amends part B (Supplementary Medical Insurance) of title XVIII (Medicare) of the Social Security Act to limit the late enrollment penalty to a ten percent increase in the monthly part B premium due over a period equal to twice the number of years that the part B beneficiary could have been but was not enrolled under part B.
United States · United States Congress · 17 January 1995
United States One Dollar Coin Act of 1995 - Amends Federal currency law to prescribe the color and content of one-dollar coins. Prohibits a Federal reserve bank from placing into circulation any one-dollar Federal Reserve note after the date that the one-dollar coins are first placed in circulation. Directs the Secretary of the Treasury to cease regular production of one-dollar Federal Reserve notes (except for such quantities as are required to meet collectors' needs).
United States · United States Congress · 13 January 1995
Amends the Internal Revenue Code to reduce the rate of the individual and corporate capital gains tax on the sale or exchange of stock of qualified domestic manufacturers. Provides for indexing the basis of such stock which has been held for more than three years.
United States · United States Congress · 9 January 1995
Directs the Secretary of Commerce, upon determining on the basis of comments submitted in rulemaking under this Act that interest among manufacturers is sufficient to warrant the establishment of a three-year toll-free number pilot program and manufacturers will provide fees so that the program will operate without cost to the Federal Government, to: (1) establish such program solely to help inform consumers whether a product is made in America or the equivalent thereof; and (2) publish the toll-free number in the Federal Register. Requires: (1) the Secretary to contract for the establishment and operation of such pilot program and the registration of products; and (2) such number to be used solely to inform consumers as to whether products are American made. Requires consumers to be informed that such registration does not mean that: (1) the product is endorsed or approved by the Government; (2) the Secretary has conducted any investigation to confirm that the product meets the definition of American made; or (3) the product contains 100 percent U.S. content. (Sec. 2) Directs the Secretary to propose regulations to: (1) establish a procedure under which the manufacturer of a product may voluntarily register such product as complying with such definition and have such product included in the information available through the toll-free number; (2) establish, assess, and collect a fee to cover all costs of registering products and including registered products in information provided under the number; (3) establish the pilot program; and (4) solicit views from the private sector concerning the level of interest of manufacturers in registering products. Requires the Secretary to promulgate such regulations if the pilot program and product registration is determined to be warranted. Sets forth provisions regarding: (1) registration fees; and (2) penalties for knowingly registering a product which is not American made.
United States · United States Congress · 4 January 1995
Sets forth certain restrictions with respect to the enclosure space and diet in the raising of calves for veal. Subjects violators to specified civil and criminal remedies. Authorizes inspections by the Secretary of Agriculture or any designated representative.
United States · United States Congress · 4 January 1995
Amends Federal law to prohibit any State from imposing an income tax on the retirement income of any individual who is not a resident or domiciliary of that State.
United States · United States Congress · 4 January 1995
Permits certain veterans with service-connected disabilities who are retired members of the uniformed services to receive compensation concurrently with retired pay, without deduction from either.
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
TABLE OF CONTENTS: Title I: Mineral Exploration and Development Title II: Environmental Considerations of Mineral Exploration and Development Title III: Abandoned Minerals Mine Reclamation Fund Title IV: Administrative and Miscellaneous Provisions Mineral Exploration and Development Act of 1995 - Title I: Mineral Exploration and Development - Sets forth guidelines for mineral exploration on public domain lands. Declares that holders of mining claims executed under this Act have the exclusive right of possession and use of the claimed land for mineral activities. (Sec. 103) Prescribes rules for mining claim location and use of public land surveys. Provides for administrative adjudication of conflicting claims. Mandates a specified location fee for every unpatented mining claim located after the date of enactment of this Act. (Sec. 104) Subjects existing unpatented mining claims, mill sites, and tunnel sites to the provisions of this Act ("converted mining claims"). (Sec. 105) Sets forth certain annual claim maintenance fees. Mandates that all monies received from such fees be deposited into the Abandoned Locatable Minerals Mine Reclamation Fund (established under this Act). (Sec. 106) States that failure to comply with the requirements of this Act shall be deemed conclusively to constitute forfeiture of the mining claim. (Sec. 107) Prescribes procedural guidelines for: (1) contesting a mining claim on the basis of discovery; and (2) demonstrating the continued sufficiency of a mining claim. Title II: Environmental Considerations of Mineral Exploration and Development - Directs the Secretary of the Interior, and for National Forest System lands the Secretary of Agriculture (the Secretaries), to require that mineral activities on Federal lands be conducted in a manner that minimizes adverse impacts to the environment. Prescribes surface management guidelines for the granting of both an exploration and an operations permit. Requires applications for such permits to contain both an operations plan and a reclamation plan, and evidence of financial assurances. Limits an operations permit to a ten-year term (subject to renewal). (Sec. 205) Declares persons in violation of this Act ineligible for permits. Sets as a prerequisite to the issuance of any permit evidence of financial assurance payable to the United States for all lands to be affected by the mineral activities described in the permit application. (Sec. 207) Mandates that lands subject to mineral activities be restored to a condition capable of supporting their prior uses, or to other beneficial uses which conform to applicable land use plans. Sets forth reclamation standards applicable to mineral exploration. (Sec. 208) Declares that State standards for reclamation, bonding, inspection, and water or air quality which either meet or exceed Federal standards shall not be construed as inconsistent with this Act. Permits cooperative agreements between the States and the Secretary. Prohibits the Secretary from delegating authorities or responsibilities conferred under this Act to any State or its political subdivision. (Sec. 209) Requires the Secretaries, in preparing land use plans, to determine those areas deemed unsuitable for certain mineral activities. Requires withdrawal of such areas from mineral exploration and development. Title III: Abandoned Locatable Minerals Mine Reclamation Fund - Establishes the Abandoned Locatable Minerals Mine Reclamation Fund (the Fund) to be administered by the Secretary of the Interior acting through the Director of the Office of Surface Mining Reclamation and Enforcement for the reclamation and restoration of land and water resources adversely affected by past minerals activities on certain public lands. (Sec. 303) Restricts reclamation expenditures to Federal or Indian land and water resources that traverse or are contiguous to Federal or Indian lands where such resources have been affected by past mineral activities. Authorizes appropriations. (Sec. 306) Subjects to a royalty scheme of eight percent of the net smelter return the production of locatable minerals (or mineral concentrates or products derived from locatable minerals) from any mining claim under this Act. Title IV: Administrative and Miscellaneous Provisions - Subtitle A: Administrative Provisions - Amends the Mining and Minerals Policy Act of 1970 and the National Materials and Minerals Policy Research and Development Act of 1980 to direct the Secretary of Agriculture to implement minerals policy and actions to improve availability and analysis of mineral data in Federal land use decision making for National Forest System lands. (Sec. 402) Authorizes the Secretaries to establish and collect user fees to reimburse the United States for expenses incurred in administering this Act. (Sec. 403) Prescribes procedural guidelines for the publication of an application for an operations permit and public participation requirements. (Sec. 404) Instructs the Secretaries to: (1) inspect mineral activities to ensure compliance with surface management requirements; and (2) require all operators to maintain a monitoring and evaluation system to identify compliance with them. Authorizes citizen suits to enforce compliance. (Sec. 406) Prescribes procedural guidelines for administrative and judicial review of agency actions. (Sec. 407) Sets forth enforcement guidelines and civil and criminal penalties for non-compliance. Subtitle B: Miscellaneous Provisions - Provides transitional rules for: (1) new and preexisting claims; (2) claims that have not been converted; (3) contest proceedings; and (4) oil shale claims. (Sec. 413) Adjusts the dollar amounts established under this Act to a certain inflation formula. (Sec. 417) Prohibits the issuance after January 4, 1995, of patents for vein, lode, placer, and mill site mining claims unless certain administrative requirements are met. (Sec. 418) Declares that the Multiple Minerals Development Act, and certain other Federal law, apply to all mining claims located or converted under this Act. (Sec. 419) Amends Federal law to subject all mineral materials deposits to disposal under the terms of the Materials Act of 1947 (eliminating the concept of uncommon varieties). Renames specified Federal : s: (1) the Surface Resource Act of 1955; and (2) the Materials Act of 1947. Repeals the Building Stone Act and the Saline Placer Act. (Sec. 420) Declares this Act applicable to Federal lands that are used for beneficiation or processing activities for any mineral regardless of Federal title to the mineral. (Sec. 421) Requires recipients of funds under this Act to comply with the "Buy American Act." Expresses the sense of the Congress that such funds should be used to purchase only American-made equipment and products. Declares a person ineligible to receive any contract made with funds provided under this Act if the person has been judicially determined to have intentionally affixed a "made in America" label to a product that is not U.S.-made. (Sec. 423) Declares that court-awarded compensation for a Federal taking under the Fifth Amendment of the Constitution shall be paid from the Fund. Directs the Secretary of the Interior to submit an annual report to the Congress describing the percentage of each mining claim held by a foreign firm.
United States · United States Congress · 4 January 1995
Middle Income Tax Relief Act of 1995 - Amends the Internal Revenue Code to allow a capital gains deduction for individuals of 50 percent of the qualified gain for the taxable year. Limits such gain to $400,000 reduced by the aggregate amount of such gain taken into account for prior years. Makes such deduction unavailable to taxpayers with gross incomes in excess of $250,000. Requires property sold or exchanged for such gain to have been held in excess of three years.
United States · United States Congress · 4 January 1995
Individual Retirement Improvement Act of 1995 - Amends the Internal Revenue Code to increase the deduction for active participants in certain individual retirement plans to the amount allowable plus 50 percent of the excess amount. Provides a formula for reducing such percentage in cases of adjusted gross incomes that exceed $200,000. Allows certain spouses a full deduction for contributions to individual retirement accounts.
United States · United States Congress · 4 January 1995
TABLE OF CONTENTS: Title I: General Reforms Title II: Plastic Explosives Bombing Prevention Act - Title I: General Reforms - Amends the Federal criminal code to prohibit the transport, shipment, or receipt of explosive materials without a permit or the distribution of explosive materials to anyone other than a licensee or permittee. Directs the Secretary of the Treasury to notify the States of the regulations so that they may consider revising their explosives laws. (Sec. 102) Requires applicants for licenses and user permits to import, manufacture, or deal in explosive materials to provide fingerprints and a photograph. Sets fees of up to $300 for an applicant for a license and up to $100 for an applicant for a permit. (Currently, the fee is up to $200 for each license or permit.) (Sec. 103) Authorizes the Secretary to use the national instant criminal background check system established under the Brady Handgun Violence Prevention Act to investigate applicants for licenses or permits. (Sec. 104) Repeals exceptions from specified explosive materials requirements with respect to components of small arms ammunition and small quantities of black powder or smokeless powder. (Sec. 105) Directs the United States Sentencing Commission to promulgate amendments to the sentencing guidelines to appropriately enhance the penalties for violations of Federal explosive materials provisions so that such penalties are the same as those for comparable violations of Federal firearms laws. (Sec. 106) Permits: (1) the destruction of seized explosives that are unsafe under specified circumstances; and (2) the owner to apply to the Secretary for reimbursement of any destroyed property where the claimant establishes that the seizure was wrongful. (Sec. 107) Subjects to civil forfeiture (with exceptions) any property involved in a violation of explosive materials provisions, or in a conspiracy to commit such a violation, and any other property traceable to such property. Directs the court to order a person convicted of a violation of Federal explosive materials provisions or of conspiring to commit such a violation to forfeit any property involved and any traceable property. Title II: Plastic Explosives - Prohibits the manufacture, import, export, shipment, transport, transfer, receipt, or possession of any plastic explosive which does not contain a detection agent (with exceptions). Authorizes the Secretary to investigate violations. Directs the Attorney General to exercise authority over such violations only when they are committed by a member of a terrorist or revolutionary group (in which case the Attorney General shall have primary investigative responsibility and the Secretary shall assist as requested). Prohibits any person possessing any plastic explosive, other than an agency of the United States or the National Guard of any State, from failing to report to the Secretary the quantity of such explosive possessed, the manufacturer or importer, and any identifying marks on such explosives. (Sec. 203) Provides for a fine and up to ten years' imprisonment for violations of Federal explosive materials laws. (Sec. 204) Sets forth affirmative defenses for Federal explosive materials laws.
United States · United States Congress · 4 January 1995
Amends the Public Health Service Act to authorize the Secretary of Health and Human Services to carry out projects to reduce the incidence of traumatic brain injury through grants or contracts to public or nonprofit entities. Authorizes the following activities: (1) the conduct of research into identifying effective strategies for the prevention of traumatic brain injury; and (2) the implementation of public information and education programs for the prevention of such injury and for broadening the awareness of the public concerning the public health consequences of such injury. (Sec. 2) Requires the National Institutes of Health research program on trauma to include the authority to award grants or contracts to public or nonprofit entities for the conduct of basic and applied research regarding traumatic brain injury. (Sec. 3) Authorizes the Secretary to make grants to States for the purpose of carrying out demonstration projects to improve access to health and other services regarding traumatic brain injury. Permits the Secretary to make a grant only if the State agrees to establish an advisory board within the appropriate health department or another department of the State. Authorizes appropriations. (Sec. 4) Directs the Secretary to conduct: (1) a study concerning traumatic brain injuries; and (2) a national consensus conference on managing traumatic brain injury and related rehabilitation concerns. Authorizes appropriations.
United States · United States Congress · 4 January 1995
Humane Methods of Poultry Slaughter Act of 1995 - Amends the Poultry Products Inspection Act to require the humane slaughter and processing of poultry.
United States · United States Congress · 4 January 1995
Ryan White CARE Reauthorization Act of 1995 - Amends the Ryan White Comprehensive AIDS Resources Emergency Act of 1990 (title XXVI of the Public Health Service Act) to limit the grant program for emergency relief for areas with substantial need for services to eligible areas with a population of at least 500,000 individuals. Requires an HIV health services planning council (which advises on the distribution of such grants) to be reflective of the demographics of the human immunodeficiency virus (HIV) epidemic in an eligible area, with particular consideration given to disproportionately affected and historically underserved groups. Revises the method of distributing such grants and extends authorized appropriations for them until FY 2000. Revises the care grant program that makes funds available for individuals and families with the HIV disease. Authorizes the award of supplemental grants to eligible entities to enhance community-based care, treatment, and supportive services through the development and operation of consortia and innovative approaches. Extends authorized appropriations for such grant program through FY 2000. Requires the establishment of grievance procedures to address allegations of egregious violations of title XXVI of the Public Health Service Act. Directs the Secretary of Health and Human Services to coordinate the planning and implementation of Federal HIV programs to facilitate the development of a complete continuum of HIV-related services for individuals with HIV disease and those at risk of such disease. Extends authorized appropriations for early intervention services until FY 2000. Extends authorized appropriations until FY 2000 for grants for coordinated services and access to research for children, youth, women, and families (formerly known as demonstration grants for research and services for pediatric patients regarding acquired immune deficiency syndrome). Makes appropriations available for special projects of national significance program to award direct grants to public and nonprofit private entities to fund special programs for the care and treatment of individuals with HIV disease.
United States · United States Congress · 4 January 1995
TABLE OF CONTENTS: Title I: Community Participation and Human Health Title II: State Roles Title III: Voluntary Response Title IV: Liability and Allocation Title V: Remedy Selection and Cleanup Standards Title VI: Miscellaneous Title VII: Funding Title VIII: Environmental Insurance Resolution Fund Title IX: Taxes Subtitle A: Environmental Insurance Resolution Taxes and Trust Fund Subtitle B: 5-Year Extension of Hazardous Substance Superfund Subtitle C: Report by Environmental Protection Agency Superfund Reform Act of 1995 - Title I: Community Participation and Human Health - Amends the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA or Superfund) to authorize the Administrator of the Environmental Protection Agency (EPA) to make technical assistance grants available to any group of individuals who may be affected by the release or threatened release of hazardous substances or pollutants at any facility on the State Registry or National Priorities List (NPL). (Sec. 101) Requires the President to provide for public participation in significant phases of response activities under CERCLA. Makes all nonprivileged information available to the public throughout all phases of the response action. Directs the President to ensure that the presentation of information on risk is unbiased and informative. (Sec. 102) Requires the President to provide the opportunity for the establishment of a representative public forum, known as a Community Working Group (CWG), to achieve direct, regular, and meaningful consultation with all interested parties throughout all stages of a response action whenever: (1) the President determines such a group will be helpful; or (2) 50 citizens, or at least 20 percent of the population of a locality in which the NPL facility is located, petition for a CWG to be established. Authorizes CWGs to offer recommendations on the anticipated future use of land at an affected facility prior to the selection of a remedy. Establishes a Citizen Information and Access Office within each State to provide information regarding State Registry and NPL sites, citizens' rights, facility records and health data, public meetings, removal and remedial actions, and outreach activities. Authorizes Indian tribes to petition the Administrator to form a body equivalent to such Office. Directs the Administrator to submit a biennial Environmental Justice Study to the Congress. (Sec. 103) Requires the President, in setting priorities for taking remedial action, to: (1) group facilities together, even if they are not adjacent, and score them as a single facility where more than one facility on the State Registry results in hazardous substances exposures to the same population; (2) take into account the use of land or waterways for subsistence, religious, or cultural practices where such use results in additional exposures, in placing facilities on the NPL; (3) conduct interviews with persons affected by the facility and solicit their input in the hazard ranking system evaluation; and (4) place highest priority on facilities with releases of hazardous substances which result in actual ongoing human exposures at levels resulting in demonstrated adverse health effects as identified in specified health assessments. Authorizes the President to take into account any history of exposure to hazardous substances in the community regardless of the source of exposure, in placing facilities on the NPL. Requires the Administrator to: (1) evaluate major urban areas and other areas where environmental justice concerns may warrant special attention; and (2) identify five facilities in each EPA region that are, or should be, on the State Registry and that are likely to warrant inclusion on the NPL. Accords such facilities a priority in evaluation for NPL listing and scoring. (Sec. 109) Requires the Agency for Toxic Substances and Disease Registry (ATSDR) Administrator to develop and distribute educational materials on human health effects of hazardous substances to the public. (Sec. 110) Authorizes the ATSDR Administrator to provide grant or contract assistance to individuals who may be affected by releases or threatened releases when: (1) a public health assessment is conducted at a facility on the NPL; or (2) a release is being evaluated for inclusion on the NPL. Authorizes the ATSDR Administrator, pursuant to such grants or contracts, to provide for health services to communities affected by the release of hazardous substances. (Sec. 113) Permits the EPA Administrator to carry out a demonstration program to assist in the recruitment and training of individuals from areas affected by NPL facilities for employment in remediation activities. Encourages parties conducting response actions under CERCLA to have their contractors train minorities and other disadvantaged persons from the affected community in remediation skills. Title II: State Roles - Authorizes States, pursuant to contracts or cooperative agreements, to apply to the Administrator to take or require: (1) preremedial actions at any non-federally owned or operated facility that is not listed on the NPL; or (2) response actions at non-federally owned or operated NPL facilities or removal actions at any facility proposed for listing on the NPL. Sets forth requirements for State enforcement and allocation of liability. (Sec. 202) Prohibits funding to States for response actions, except for emergency removal actions, unless the affected State provides assurances that it will pay 15 percent of the cost of the action or funding and will assure oversight of any operation and maintenance of response actions. (Sec. 206) Directs the Administrator to study the feasibility of authorizing States to use their own laws to carry out CERCLA in lieu of the Federal program under such Act. (Sec. 207) Authorizes States to apply to the Administrator to exercise the Administrator's authorities with respect to response actions at Federal facilities. Bases approval of transfer of authorities in part on a State's hazardous waste program authorization under the Solid Waste Disposal Act. Continues the existing limitations on transfers of authority from the Administrator to any other person under provisions regarding Federal facilities. Title III: Voluntary Response - Directs the Administrator to establish a program to provide assistance to States to establish and expand voluntary response programs. (Sec. 301) Provides that no portion of a facility subject to a response action plan under a qualified State program shall be proposed for listing on the NPL so long as substantial and continual response activities are being undertaken to complete the response action in a timely fashion. Directs the Administrator to promulgate regulations describing circumstances in which States with qualified programs and the authority to issue permits under Federal environmental statutes may waive permit requirements with respect to approved voluntary response plans under certain conditions. Provides that performance of a voluntary response action shall not constitute an admission of liability under any Federal, State, or local law or regulation or in any private action. Title IV: Liability and Allocation - Authorizes the Administrator to issue administrative subpoenas to require the attendance and testimony of witnesses and production of information regarding response actions. Revises confidentiality requirements with respect to such information and applies confidentiality requirements to contractors. (Sec. 403) Absolves of liability for response actions a person who does not impede a response action or natural resource restoration to the extent liability is based solely on: (1) arrangement, transportation, or acceptance provisions relating to disposal or treatment of hazardous substances and such activities only involved municipal solid waste or sewage sludge possessed by the person and the person is the owner, operator, or lessee of residential property or a small business or small nonprofit organization; (2) such provisions and such activities involved fewer than 55 gallons of liquid materials (or 100 pounds of solid materials) containing hazardous substances, pollutants, or contaminants or such amount as the Administrator may determine; (3) ownership or operation of a vessel or facility and the person is a bona fide prospective purchaser of the facility; (4) ownership and the person acquired the facility by inheritance after disposal of the hazardous substances took place, did not contribute to the release, and exercised due care with respect to such substances; (5) ownership by a Federal, State, or local entity of a road or other right-of-way (other than railroads) over which hazardous substances are transported or on the granting of a license or a permit to conduct business; or (6) actions of a Federal agency in response to a natural disaster. Makes persons who are solely liable under arrangement, transportation, or acceptance provisions regarding disposal or treatment of hazardous substances liable for no more than ten percent of total response costs if such activities only involved municipal solid waste or sewage sludge. Applies such limitation to the aggregate liability of all persons involved. Applies such limitation only if acts or omissions giving rise to liability occurred before the date 36 months after enactment of this Act or the person asserting the limitation participates in a qualified household hazardous waste collection program. Limits the liability of persons who do not impede the performance of a response action or natural resource restoration with respect to a release to the lesser of the fair market value of a vessel or facility or the actual proceeds of the sale of the vessel or facility subject to certain conditions. Provides that a person who owns or operates real property contiguous to property on which there has been a release of a hazardous substance and that may be contaminated shall not be considered an owner or operator, for liability purposes, if such persons: (1) exercised due care with respect to such substance; (2) took precautions against foreseeable acts or omissions that resulted in the release; and (3) did not cause or contribute to the release and provides access to persons authorized to conduct response actions. Authorizes the President to issue assurances of no enforcement action to such person and grant such person protection against cost recovery and contribution actions. Grants the United States a lien, subject to certain conditions, on any facility for which the prospective purchaser is not liable for unrecovered response costs. Provides that no lien shall arise with respect to property: (1) for which the property owner preceding the first bona fide prospective purchaser is not liable or has resolved liability; or (2) where an audit required by an environmental professional gives the purchaser no reason to know of the release of hazardous substances. (Sec. 404) Directs the Administrator to calculate the EPA response action oversight costs for which potentially responsible parties (PRPs) are liable on a national basis as a percentage of total response costs incurred by PRPs (the national oversight rate). Limits the rate to ten percent of total response costs incurred by all PRPs. Provides that when the President responds at facilities on the NPL, liability for pollutants and contaminants shall be identical to that for hazardous substances only if such pollutants and contaminants: (1) constitute an imminent and substantial danger to human health; and (2) are not associated with the production or extraction of any hydrocarbon. Prohibits liability based solely on a person's construction activities at a facility if a person can demonstrate that the activities were carried out in accordance with a contract with the owner or operator and the person is a small business construction contractor. (Sec. 405) Revises contribution provisions to require an action by a PRP against another PRP for recovery of costs to be commenced within the later of: (1) three years after completion of a removal action or within six years after initiation of physical on-site construction of the remedial action; or (2) three years after the date of judgment in any action for recovery or the date of any administrative order or judicial settlement for recovery of costs or damages. (Sec. 406) Provides that a person who has resolved liability to a State or an Indian tribe in an administrative or judicially approved settlement shall not be liable for claims by persons other than the United States regarding response costs or damages addressed in the settlement. Provides the same protection for persons who have resolved liability to the United States. Includes protection against all claims that may be asserted against the settling party for recovery of costs or damages paid by another person if addressed in the settlement, except claims based on contractual indemnification. Limits the right to seek contribution from other parties where: (1) the person asserting the right has waived such right in a settlement; (2) the person from whom the contribution is sought is not liable under CERCLA; or (3) the person from whom the contribution is sought has entered into a final settlement with the United States. Makes any person who commences a contribution action liable to the person against whom the action is brought for all reasonable costs of defending against the claim if the action: (1) is barred for the reasons stated above; (2) is brought against a person who is protected from suits by reason of settlement with the United States; or (3) is brought during a specified moratorium period. (Sec. 408) Provides that response action contractors shall not be liable solely as a result of testing or implementation of alternative or innovative treatment or containment technologies with respect to a response action if use of the technology has been approved by the authorized Federal or State regulatory agency. (Sec. 409) Requires consent decrees pursuant to settlements to require the parties to attempt expeditiously to resolve disagreements concerning implementation of the remedial action informally with Federal and State agencies. Requires such decrees to contain stipulated penalties for violations in an amount of up to $25,000 per day. Waives certain conditions to expand the scope of eligibility for de minimis settlements. Authorizes the Administrator, if a PRP will be paying amounts to the President as part of a settlement for carrying out a response action, to accept ownership of a financial instrument running irrevocably to the benefit of the United States to conduct such response actions. (Sec. 411) Requires (current law authorizes) the President to offer PRPs (currently, any person) who enter into settlement agreements that are in the public interest a final covenant not to sue concerning liability to the United States for response actions or costs, provided that: (1) the settling party agrees to perform a final remedial action for the release that is the subject of the settlement; (2) the remedial action does not provide any hazardous substances will remain at the facility at concentrations above the protective concentration levels established after completion of the final action; (3) the agreement has been reached prior to the commencement of litigation against the settling party; (4) the settling party waives all contribution rights against other PRPs at the facility; (5) the settling party pays a premium that compensates for the risks of remedy failure, unanticipated increases in the cost of any uncompleted action (unless the party is performing the action), and the U.S. litigation risk with respect to persons who have not resolved liability to the United States unless the settlement covers 100 percent of U.S. response costs; and (6) the settlement is otherwise acceptable to the United States. Authorizes the President, for settlements for which covenants are unavailable, to provide any person with a covenant not to sue concerning any liability to the United States if the covenant not to sue is in the public interest. (Sec. 412) Adds the following to the list of conditions that a PRP must meet in order to be eligible for an expedited settlement: (1) liability must be based solely on provisions regarding arrangement, transportation, or acceptance of municipal solid waste or sewage sludge for treatment or disposal; and (2) the PRP must be a natural person, small business, or a municipality that has demonstrated a limited ability to pay response costs. (Sec. 413) Directs the Administrator to initiate the allocation process under this Act for each nonfederally owned facility on the NPL that involves two or more PRPs: (1) for which the President selects a remedial action on or after February 3, 1994; and (2) for any such action selected before such date if requested by a PRP which has resolved liability to the United States with respect to the remedial action. Authorizes the Administrator to initiate such process for any facility involving two or more PRPs. Makes the allocation process inapplicable to a facility: (1) for which there has been a final settlement, decree, or order that determines all liability or allocated shares of PRPs; or (2) at which all of the PRPs are facility owners or operators. Authorizes the Administrator to initiate a single allocation process for more than one facility. Places a moratorium on the commencement or continuation of liability claims or recovery actions in connection with responses for which allocation is required until 90 days after the issuance of the allocator's report. Sets forth requirements concerning the allocation process, including those for the notification of PRPs and determinations regarding de minimis parties. Provides that de minimis parties that are potentially liable but entitled to expedited settlements shall not be subject to the allocation process unless they fail to settle with the President within 30 days of the offer. Requires the allocation parties to select an allocator from a list provided by the Administrator or from candidates proposed by the parties. Authorizes PRPs, prior to the issuance of the allocator's report, to submit a private allocation for the remedial action to the allocator. Requires the allocator to adopt such report if it meets specified conditions. Directs the allocator to conduct an allocation process culminating in the issuance of a report with a nonbinding, equitable allocation of the percentage shares of responsibility, including the orphan share, within 180 days of the issuance of the final list of parties or the date of the contract for allocation service, whichever is later. Bases allocation shares on the following factors: (1) the amount of hazardous substances contributed by each party; (2) the degree of toxicity and mobility of such substances; (3) the degree of involvement of each party in the generation, transportation, treatment, storage, and disposal of such substances; (4) the degree of care exercised by the party; (5) the cooperation of the party in contributing to the response action; and (6) other factors determined by the Administrator. Sets forth components of orphan shares. Requires shares that the allocator cannot attribute to any party to be distributed among parties, including the orphan share. Authorizes the Administrator and the Attorney General to reject the allocator's report under certain conditions. Permits settling parties to seek a new allocation if there is convincing evidence that the allocator did not have certain information when the report was issued. Includes within settlements based on allocated shares: (1) a waiver of contribution rights against all PRPs for the response action as well as a waiver of rights to challenge any settlement the President enters into with any other PRP; (2) covenants not to sue; (3) a site-specific premium that compensates for the U.S. litigation risk with respect to PRPs who have not resolved liability (unless the settlement covers 100 percent of response costs); (4) contribution protection regarding matters addressed in the settlement; and (5) provisions through which the settling parties shall receive reimbursement from Superfund for response costs incurred in excess of the aggregate of their allocated share and any premia required by the settlement. Lists maximum amounts for premia authorized for litigation risk. Permits the Administrator to modify such amounts. Authorizes the United States to commence actions against liable persons who have not resolved liability following allocation. Sets forth conditions under which a party that performs work in excess of its allocated share may be reimbursed. Limits Superfund financing for reimbursements of costs incurred by parties that are attributable to orphan shares. Authorizes appropriations. Makes Federal agencies named as PRPs subject to the allocation process to the same extent as any other party. Declares that the procedures set forth in this Act shall not be construed to modify the principles of retroactive, strict, joint, and several liability. Provides that persons who are potentially liable solely as response action contractors shall not be named as allocation parties under this section. (Sec. 414) Absolves 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 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 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. Title V: Remedy Selection and Cleanup Standards - Revises provisions regarding cleanup standards to direct the Administrator to promulgate national goals to be applied at all facilities subject to remedial action under this Act. Requires such goals to be expressed as a single numerical level for chemical carcinogens and noncarcinogens. (Sec. 501) Directs the Administrator to promulgate a national risk protocol for conducting risk assessments under CERCLA. Requires the risk protocol to be used for risk assessment underlying determinations of the need for remedial action, the establishment of protective concentration levels of chemicals, and the evaluation of remedial alternatives. Requires remedial actions to: (1) comply with substantive requirements of Federal, or more stringent State, environmental or facility siting laws; (2) attain any promulgated concentration levels applicable to determining the level of cleanup for such actions; and (3) comply with any other standard under State environmental or facility siting laws that the State demonstrates is consistently applied to remedial actions. States that a goal of this Act is to restore any contaminated groundwater or surface water that may be used for drinking water to: (1) the level of any maximum contaminant level or level goal for the hazardous substance or contaminant that has been established under the Safe Drinking Water Act; and (2) a protective concentration level that attains such goal for any other hazardous substance, pollutant, or contaminant. Requires the achievement of such goal unless the President finds that such goal is technically impracticable from an engineering perspective or, under certain conditions, unreasonably costly. Requires remedial actions for contaminated groundwater (other than that used for drinking water) to attain levels appropriate to the current or anticipated use of such water. Authorizes the President to select a remedial action that does not comply with Federal and State standards subject to certain conditions. (Sec. 502) Revises general rules for remedial actions. Directs the President, in selecting a remedy, to take into account the reasonably anticipated future uses of land at a facility. Provides certain procedures for the remediation of hot spots. Requires the President to establish cost-effective generic remedies for categories of facilities. Sets forth factors to be taken into consideration with respect to selection of response actions for groundwater. (Sec. 504) Removes a condition on the President's authority to acquire property needed to conduct a response action that requires the State in which the property is located to agree to accept transfer of the property when the action is completed. (Sec. 505) Alters the criteria for the continuance of obligations for removal actions to provide that actions shall not continue after $4 million (currently, $2 million) has been obligated or two years (currently, 12 months) have elapsed from the date of initial response to a release or threatened release of hazardous substances. Requires Federal agencies, before the commencement of any non-emergency removal action, to notify the EPA and the State of the planned action and obtain, in the case of facilities listed or proposed for listing on the NPL, concurrence in the planned action from the EPA or the State. (Sec. 506) Authorizes the President, in order to respond to a release of a hazardous substance, to acquire a hazardous substance easement which limits or controls the use of land or other natural resources. Permits easements and notices of property use restrictions to be used whenever institutional controls have been selected as a component of a removal or remedial action. Makes easements enforceable in perpetuity (unless terminated pursuant to this Act) against owners of affected property or persons who acquire interest in, or rights to use, the property. Title VI: Miscellaneous - Makes a Federal agency subject to certain actions required for Federal facilities under CERCLA, with the exception of certain reporting requirements, if the agency owned or operated a facility over which it exercised no regulatory or other control over activities that resulted in a release of a hazardous substance unless: (1) no Federal agency was the primary or sole source or cause of such release; (2) the activities resulting in the release were pursuant to statutory authority and occurred prior to 1976; and (3) the persons primarily responsible for the release are financially viable and capable of performing or financing the response action. (Sec. 605) Authorizes the use of the Superfund to pay up to 50 percent of response costs incurred by a potentially liable party in taking approved actions to achieve response after employing an alternative or innovative technology that fails to achieve the required level of response. (Sec. 606) Includes trusts, estates, or persons who hold title to a vessel or facility or are otherwise affiliated with a vessel or facility in a fiduciary capacity within the definition of "owner or operator" for purposes of determining liability under CERCLA. Limits the personal obligations and liabilities of a fiduciary to the extent to which the assets of the trust or estate are sufficient to indemnify the fiduciary, subject to certain conditions. Excludes from such definition the United States, a Federal agency, or a conservator or receiver appointed by a Federal agency which acquired ownership of a facility or vessel in connection with receivership or conservatorship and forfeiture or seizure authority, provided such entity does not participate in operations that result in a release. (Sec. 608) Directs the Administrator to establish a small business Superfund assistance section within the small business ombudsman office to provide assistance and information regarding CERCLA and the allocation and settlement processes. (Sec. 611) Requires the Administrator to study and report to the Congress on EPA procedures for suspension and debarment of persons and business entities, particularly response action contractors, and to assess the feasibility and cost of creating a nationwide data base to track such persons. (Sec. 613) Directs the Administrator to publish guidelines for a model State program for the training and certification of individuals to perform Phase I Environmental Site Assessments. Establishes the Environmental Certification Board. (Sec. 615) Revises provisions regarding the application of CERCLA to Federal agencies to make such agencies subject to all Federal, State, interstate, and local requirements regarding response actions related to, or management of, hazardous substances, pollutants, and contaminants in the same manner as such requirements apply to nongovernmental entities. Absolves Federal employees of personal liability for civil penalties under Federal or State response laws with respect to acts or omissions within their official duties. Makes such employees subject to criminal sanctions under such laws, but exempts Federal agencies from such sanctions. (Sec. 616) Increases the authorization from Superfund for worker training and education grants. (Sec. 619) Makes States eligible for reimbursement currently available to local governments for emergency response actions. (Sec. 620) Directs the Administrator to study and report to the Congress on the feasibility of instituting a small disadvantaged business goal program for all Federal contracts under CERCLA. Title VII: Funding - Extends the authorization of appropriations to carry out specified Superfund authorities through FY 2000. Title VIII: Environmental Insurance Resolution Fund - Environmental Insurance Resolution and Equity Act of 1995 - Establishes the Environmental Insurance Resolution Fund to provide for the resolution of disputes between certain PRPs and their insurers. (Sec. 805) Authorizes the Fund to decide not to make an offer unless an eligible person has filed and is actively pursuing a claim with an insurer. (Sec. 806) Requires the Fund to make resolution offers to eligible persons equal to the applicable percentage of the lesser of the eligible costs incurred by the persons or the available coverage. Describes applicable percentages based on facility location and size, litigation venues, and State. (Sec. 807) Directs eligible persons that accept Fund resolutions to waive existing and future claims against an insurer for eligible costs. (Sec. 808) Requires the Fund to make pre- and post-resolution payments to eligible persons who accept a resolution. Treats payments made by the Fund to an eligible person as payments made by an insurer. (Sec. 809) Requires the Fund, in cases where an eligible person rejects a resolution offer, litigates a claim against an insurer, and obtains a final judgment against, or enters into a settlement with, the insurer, to reimburse the insurer for the lesser of the amount of the resolution offer or the final judgment or settlement. Authorizes the Fund, in such cases, to reimburse an insurer for unrecovered reasonable costs and legal fees if the resolution offer exceeded such final judgment or settlement. (Sec. 811) Provides that this title acts as a stay of all pending litigation regarding claims for indemnity or arising from insurance coverage for eligible costs. Bars stays of litigation ten years after this Act's enactment with respect to: (1) a person that becomes an eligible person on or after such date; and (2) an eligible person that has not filed a request for a resolution offer and has not rejected an offer before such date. (Sec. 815) Directs the President to report on: (1) the potential liability of the Fund; and (2) the number of non-NPL facilities and their average cleanup cost. (Sec. 817) Terminates the Fund's authority to: (1) accept requests for resolution ten years after this Act's enactment date; and (2) offer resolutions ten years and 180 days after such date. Title IX: Environmental Insurance Resolution Taxes and Trust Fund; 5-Year Extension of Hazardous Substance Superfund - Subtitle A: Environmental Insurance Resolution Taxes and Trust Fund - Amends provisions of the Internal Revenue Code relating to environmental taxes to establish environmental insurance resolution taxes. Imposes a tax on each assessable person engaged in any trade or business that is equal to: (1) such person's adjusted base-period commercial direct premiums multiplied by the applicable direct funding rate; and (2) such person's adjusted base-period commercial reinsurance premiums multiplied by the applicable reinsurance funding rate. (Sec. 901) Sets the exemption amount for any person at $50 million. Treats participants in joint underwriting operations of insurance or reinsurance and those treated as single employers as one person and allocates the exemption amount between participants. Imposes a tax on a policy of casualty insurance against hazards, risks, losses, or liabilities in the United States or related policies of reinsurance on which premiums are written by foreign persons. Requires such tax to be equal to .50 percent of the maximum limit of liability of such persons under such policies. Sets forth conditions under which foreign persons are exempt from such tax (including cases where foreign persons may be taxed as assessable persons). Imposes a tax (on current-year premiums) equal to the direct premiums written under specified insurance policies issued against hazards, risks, losses, or liabilities within the United States multiplied by the applicable funding rate. Exempts policies related to directors and officers liability insurance, professional liability insurance, and fire insurance on residential or farm owner-occupied housing units. Sets the exemption amount for such tax at $5 million. Establishes a special withholding rule for premiums issued by foreign persons unless the income from the premiums is connected with a U.S. trade or business and is not exempt from income tax pursuant to a treaty. Imposes assessments on insurers resolving claims with the Environmental Insurance Resolution Trust Fund. Requires such assessments to be in an amount equal to an insurer's Fund-certified percentages of the direct insurance and reinsurance limits. Provides that such assessments are excise taxes and shall be imposed and collected in the same manner as other excise taxes. (Sec. 902) Establishes the Environmental Insurance Resolution Trust Fund to be composed of environmental insurance resolution taxes and amounts in the Environmental Insurance Resolution Fund established under title VIII of this Act. Makes the Trust Fund available to carry out title VIII. (Sec. 903) Exempts the Environmental Insurance Resolution Fund from income tax. Subtitle B: 5-Year Extension of Hazardous Substance Superfund - Provides for a five-year extension of Superfund. Subtitle C: Report by Environmental Protection Agency - Directs the Administrator to report annually to the Congress on the effectiveness of this Act's liability and enforcement reforms.
United States · United States Congress · 4 January 1995
Equal Remedies Act of 1995 - Amends Federal law relating to damages in cases of intentional employment discrimination to remove the limits on the dollar amount of damages awardable for pecuniary and nonpecuniary losses and punitive damages.
United States · United States Congress · 4 January 1995
Voting Rights of Homeless Citizens Act of 1995 - Prohibits the imposition or application by any State or political subdivision of any standard, practice, procedure, voting qualification, or prerequisite to voting to deny or abridge the right of any U.S. citizen to vote because that citizen resides at or in a non-traditional abode. Authorizes the Attorney General to commence a civil action or an aggrieved citizen to institute a proceeding under this Act for injunctive relief against a violation of such prohibition.
United States · United States Congress · 4 January 1995
COLA Equity Act - Amends the Omnibus Budget Reconciliation Act of 1993 to: (1) provide that the initial month for which a cost of living increase in military retired pay that becomes effective on December 1 of 1993, 1994, or 1995 is payable shall be March (currently, September) of the following year for persons who first became a member of a uniformed service before August 1, 1986; and (2) provide that such special rule shall apply only through FY 1996 (currently, FY 1998).
United States · United States Congress · 4 January 1995
Military Retirement Equity Act of 1995 - Permits retired members of the armed forces to be paid retirement pay concurrently with compensation for any service-connected disability if the person's entitlement to such retirement pay is based solely on age, length of service, or both. Reduces the retirement pay of individuals receiving both types of pay by a specified percentage of the disability compensation which decreases as the disability rating increases. Prohibits any reduction in the retirement pay of a disabled person when the disability rating is total. Declares that, once the Federal budget deficit has been reduced, the Congress should reexamine and eliminate any offset of retired pay by a veteran's disability compensation.
United States · United States Congress · 4 January 1995
TABLE OF CONTENTS: Title I: State of New Columbia Subtitle A: Procedures for Admission Subtitle B: Description of New Columbia Territory Subtitle C: General Provisions Relating to Laws of New Columbia Title II: Responsibilities and Interests of Federal Government Title III: General Provisions New Columbia Admission Act - Title I: State of New Columbia - Subtitle A: Procedures for Admission - Sets forth procedures for admission into the United States of the State of New Columbia. Requires the Mayor of the District of Columbia to: (1) submit to the eligible voters propositions for statehood and adoption of a State Constitution; and (2) issue a proclamation for the first elections to the Congress of two Senators and one Representative of New Columbia. Requires the President, upon adoption of such propositions and certification of such elections, to issue a proclamation announcing the results and admitting New Columbia into the Union. Provides for conversion of District government offices to State offices. Subtitle B: Description of New Columbia Territory - Provides that New Columbia shall consist of all territory of the District as of the date of enactment of this Act, excluding land within specified metes and bounds that shall remain the District of Columbia and that shall include the principal Federal monuments, the White House, the Capitol Building, the Supreme Court Building, the Federal executive, legislative, and judicial office buildings located adjacent to the Mall and the Capitol Building, and certain military property. Subtitle C: General Provisions Relating to Laws of New Columbia - Prohibits New Columbia from imposing taxes on Federal property except as provided by the Congress. Maintains the applicability to New Columbia of current District laws and continues pending judicial proceedings. Title II: Responsibilities and Interests of Federal Government - Maintains: (1) the District of Columbia as the seat of the Federal Government; and (2) the Federal Government's authority over military lands and specified other property. Provides for Federal payments in lieu of taxes to New Columbia. Directs the Secretary of the Interior to take a scenic easement in the space above all lots within New Columbia. Requires each State that is the last place an individual resided before residing in the District of Columbia to permit such individual to vote in Federal elections by absentee ballot. Sets forth a rule for expedited consideration of a joint resolution proposing an amendment to the Constitution to repeal the 23d amendment (provides for the appointment of electors for President and Vice President for the District). Title III: General Provisions - Establishes a Statehood Transition Commission to advise the President, the Congress, the District, and, after admission, New Columbia on procedures for an orderly transition to statehood during the first two years of New Columbia's existence. Directs the Commission to make recommendations regarding: (1) continued applicability of current Federal laws to the District; (2) the amount of the annual payment in lieu of taxes to New Columbia; and (3) the incarceration of individuals convicted of crimes in New Columbia and a plan for closing the Lorton Correctional Complex, Virginia, by 2010.
United States · United States Congress · 4 January 1995
Amends the Internal Revenue Code to make the deduction for health insurance costs of self-employed individuals permanent. Increases such 25 percent deduction to 100 percent for years after December 31, 1994.
United States · United States Congress · 4 January 1995
Merchant Mariners Fairness Act of 1993 - Provides that certain qualified service of a member of the U.S. merchant marine, including a vessel crewmember of the U.S. Army Transport Service, during World War II constituted active military service for purposes of eligibility for various veterans' benefits under the GI Bill Improvement Act of 1977. Requires the Secretary of Defense to issue an honorable discharge under such Act to each merchant marine member whose qualified service warrants such a discharge. Prohibits the payment of any retroactive benefits under this Act. Mandates a processing fee for any benefit application for such qualified service.
United States · United States Congress · 4 January 1995
Expresses the sense of the Congress that any Federal department, agency, or instrumentality that utilizes the Draize rabbit eye irritancy test should develop and validate alternative ophthalmic testing procedures that do not require the use of animal test subjects.
United States · United States Congress · 4 January 1995
Expresses the sense of the Congress that the current Federal income tax deduction for interest paid on debt secured by a first or second home should not be further restricted.
United States · United States Congress · 29 November 1994
Amends the Rules of the House of Representatives to direct the Clerk of the House to notify the Committee on House Administration of the name of each displaced staff member (i.e., an individual employed by a committee or subcommittee for at least 183 days whose service as a House employee is terminated solely and directly as a result of a change in the political party of the chairman or ranking minority member of a committee). Directs that each displaced staff member continue to be paid for a period not to exceed 60 days following the staff member's date of termination or until the staff member becomes otherwise gainfully employed. Specifies that a statement in writing by any such employee that he or she was not gainfully employed during the period for which payment is claimed shall be accepted as prima facie evidence that he or she was not so employed. Makes funds necessary to carry out this Act available from the contingent fund of the House.
United States · United States Congress · 7 October 1994
Economic Development Reauthorization Act of 1994 - Amends the Public Works and Economic Development Act of 1965 to authorize appropriations for grants to public works facilities through FY 1997. Repeals a limitation on financial assistance for sewer and other waste disposal facilities. Requires the Secretary of Commerce to: (1) conduct projects to demonstrate methods of assisting isolated small businesses to access small business services provided by Federal, State, and local governments; and (2) establish three business outreach centers. Directs the Secretary to establish: (1) an Office of Strategic Economic Development Planning and Policy within the Economic Development Administration; and (2) within such Office an Office of Economic Development Information. Establishes a Federal Coordinating Council for Economic Development to develop a Government-wide strategic plan for economic development. Authorizes appropriations. Requires applicants for economic development assistance to certify that a redevelopment area meets at least one criterion regarding per capita income, unemployment rates, job losses, population growth, employment declines, concentrations of low-income individuals, or outmigration. Voids designations of redevelopment areas made before this Act's enactment. Revises annual review provisions to permit assistance to a project only if the applicant has submitted an overall economic development plan or investment strategy to the Secretary for approval. Provides for approval of existing economic development plans and programs to the maximum extent practicable. Directs the Assistant Secretary for Economic Development to publish guidelines to expedite the processing of applications for assistance under this Act. Requires the Secretary to: (1) issue and implement regulations containing criteria and procedures to prioritize allocations of Federal assistance made under this Act so that the level of economic distress in an area is the primary factor in determining whether the area receives an allocation; (2) develop a general, simplified application form for grant assistance under this Act that may be used by all Federal agencies that provide such assistance; and (3) conduct biennial evaluations of university centers and economic development districts receiving grant assistance to assess performance and contribution toward job creation. Authorizes: (1) the Secretary to establish a competitive communities pilot program for the purpose of investing in identified business transactions that will create opportunities for long-term employment in economically distressed communities; and (2) assistance to be available for projects on military installations to be closed or realigned or for communities adversely affected by such closure or realignment. Authorizes appropriations. Requires funds expended pursuant to this Act to be in compliance with the Buy American Act.
United States · United States Congress · 6 October 1994
Consumer Products Safe Testing Act - Requires each Federal department or agency (department) head to: (1) evaluate any regulation, guideline, or recommendation issued by that department which requires, recommends, or encourages the use of the Draize or other animal acute toxicity test (animal test) to evaluate the safety of a regulated product; (2) evaluate nonanimal alternatives with the potential for partial or full replacement of such test; and (3) promulgate regulations, guidelines, or recommendations that specify a nonanimal acute toxicity test or battery of tests that should be used instead of an animal test unless the nonanimal test is less likely to predict the acute health effects of a product on humans. Directs the appropriate Federal department, if a determination is made that no nonanimal test is as likely to predict the human reaction to the regulated product as the animal test, to publish in the Federal Register an explanation of all options considered and the justification for continuing the animal test, which shall be subject to public comment. Requires each Federal department head, at least every two years (beginning three years after this Act's enactment date), after considering the most recent technological advances available, to determine whether continued use of any animal test is justified (and if the department head determines that such use is justified, such head shall publish an explanation and justification for such continued use in the Federal Register, which shall be subject to public comment). Makes this Act inapplicable to regulations, guidelines, or recommendations related to medical research.
United States · United States Congress · 30 September 1994
Ryan White CARE Reauthorization Act of 1994 - Amends the Ryan White Comprehensive AIDS Resources Emergency Act of 1990 (title XXVI of the Public Health Service Act) to limit the grant program for emergency relief for areas with substantial need for services to eligible areas with a population of at least 500,000 individuals. Requires an HIV health services planning council (which advises on the distribution of such grants) to be reflective of the demographics of the human immunodeficiency virus (HIV) epidemic in an eligible area, with particular consideration given to disproportionately affected and historically underserved groups. Revises the method of distributing such grants and extends authorized appropriations for them until FY 2000. Revises the care grant program that makes funds available for individuals and families with the HIV disease. Authorizes the award of supplemental grants to eligible entities to enhance community-based care, treatment, and supportive services through the development and operation of consortia and innovative approaches. Extends authorized appropriations for such grant program through FY 2000. Requires the establishment of grievance procedures to address allegations of egregious violations of title XXVI of the Public Health Service Act. Directs the Secretary of Health and Human Services to coordinate the planning and implementation of Federal HIV programs to facilitate the development of a complete continuum of HIV-related services for individuals with HIV disease and those at risk of such disease. Extends authorized appropriations for early intervention services until FY 2000. Extends authorized appropriations until FY 2000 for grants for coordinated services and access to research for children, youth, women, and families (formerly known as demonstration grants for research and services for pediatric patients regarding acquired immune deficiency syndrome). Makes appropriations available for special projects of the national significance program to award direct grants to public and nonprofit private entities to fund special programs for the care and treatment of individuals with HIV disease.