Bill· HRH.R. 5222 (103rd)referred
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.
Law· HRH.R. 5161 (103rd)enacted
United States · United States Congress · 4 October 1994
Amends the Omnibus Budget Reconciliation Act of 1993 with respect to the sharing of timber sale receipts of the Forest Service and the Bureau of Land Management.
Bill· HRH.R. 5141 (103rd)referred
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.
Bill· HRH.R. 5119 (103rd)referred
United States · United States Congress · 28 September 1994
TABLE OF CONTENTS: Title I: Health Insurance Reform Title II: State Innovation Subtitle A: State Waiver Authority Subtitle B: Existing State Laws Title III: Public Health and Rural and Underserved Access Improvement Title IV: Medical Research Title V: Revenue Provisions Subtitle A: Financing Provisions Subtitle B: Health Care Reform Trust Fund Health Innovation Partnership Act of 1994 - Title I: Health Insurance Reform - Directs the Secretary of Health and Human Services to request the National Association of Insurance Commissioners (NAIC) to develop standards for health insurance plans with respect to: (1) the renewability and portability of coverage; (2) guaranteed issue with respect to all health insurance coverage products; (3) the establishment of an adjusted community rating system with adjustment factors limited to age; (4) solvency; (5) stop-loss standards for self-funded health insurance plans and multi-employer welfare arrangements and association plans; (6) the identification of minimum employer size for self- funding and the interrelationship between self-funding and the community-rated pool of enrollees; and (7) other appropriate areas. (Sec. 1001) Requires the Secretary to develop such standards if the NAIC fails to do so. (Sec. 1002) Revises provisions regarding Medicare supplemental policies. Title II: State Innovation - Subtitle A: State Waiver Authority - Includes within the objectives of the waiver programs approved under this title: (1) achieving the goals of increased health coverage and access; (2) containing the annual rate of growth in health care expenditures; (3) ensuring that patients receive high-quality, appropriate health care; and (4) testing alternative reforms. (Sec. 2001) Authorizes States to apply to the Secretary for alternative State health program waivers or limited State health care waivers. Directs the Secretary to establish a State Health Reform Advisory Board to monitor the status and progress achieved under waivers and to promote information exchange between States and the Federal Government. Requires the Board to make recommendations to the Secretary with respect to minimizing the negative effect of State waivers on national employer groups, provider organizations, and insurers because of differing State requirements under waivers. Permits the Secretary to revoke any waiver of Federal law granted under this subtitle and to terminate any alternative State health program for good cause. Authorizes grants to States for carrying out alternative State health programs. Grants priority to programs that have the greatest opportunity to succeed in providing expanded coverage and in providing children and youth with access to health care. Earmarks funds for such grants from the Health Care Reform Trust Fund. Subtitle B: Existing State Laws - Continues certain existing waivers to Federal law for States and grants specified waivers from requirements of the Employee Retirement Income Security Act of 1974 with respect to health care laws of Hawaii and Oregon. Title III: Public Health and Rural and Underserved Access Improvement - Public Health and Rural and Underserved Access Improvement Act of 1994 - Amends the Public Health Service Act to authorize appropriations for grants to States for core functions of public health programs. Includes within such core functions: (1) data collection and analytical activities related to population-based status and outcomes monitoring; (2) activities to reduce environmental risk and to assure the safety of housing, schools, workplaces, day-care centers, and food and water; (3) investigation, control, and public- awareness activities regarding adverse health conditions; (4) public information and education programs to reduce health risks; (5) public health laboratory services that screen for diseases and conditions; (6) training and education in the field of public health; and (7) leadership, policy development, and administration activities. (Sec. 3002) Authorizes appropriations for grants to States for evaluating the extent to which clinical preventive services, health promotion and unintentional injury prevention activities, and interpersonal and community violence prevention activities achieve health care cost reductions and health status improvement. Directs the Secretary to issue practice guidelines that are based on the results of such evaluations. Authorizes appropriations for: (1) scholarships and loan repayment programs for individuals attending schools of public health; (2) grants to expand the capacity of certain educational institutions with public health programs; (3) grants to expand public health training programs in States lacking adequate programs; (4) area health education centers and health education training centers; (5) activities regarding centers for the prevention and treatment of poisoning and control of poisons; (6) certain school-related health services; (7) scholarships and loan repayment programs for school nurses; (8) grants to migrant and community health centers; (9) the National Health Service Corps; (10) satellite clinics to provide primary health care; and (11) community health advisor programs. Title IV: Medical Research - Establishes a National Fund for Health Research in the Treasury. (Sec. 4002) Amends the Internal Revenue Code to designate overpayments of tax or cash contributions to be paid over to the National Fund for Health Research. Title V: Revenue Provisions - Subtitle A: Financing Provisions - Increases the excise tax on the following tobacco and tobacco-related products: (1) cigarettes; (2) cigars; (3) cigarette papers and tubes; and (4) smokeless and pipe tobacco. (Sec. 5001) Imposes a tax on tobacco products and cigarette papers and tubes manufactured or imported into Puerto Rico. Provides a floor stocks tax on tobacco products and cigarette papers and tubes manufactured in or imported into the United States or Puerto Rico which are removed before any tax-increase date and held on such date for sale. Bars a tax on cigarettes held for retail sale on any tax-increase date by any vending machine. Provides a tax credit against floor stocks taxes. Establishes conditions under which articles in foreign trade zones shall be subject to such taxes. (Sec. 5003) Imposes a tax on roll-your-own tobacco manufactured in or imported into the United States. Subtitle B: Health Care Reform Trust Fund - Establishes the Health Care Reform Trust Fund in the Treasury and provides for the deposit into such Fund of amounts received from taxes on tobacco products.
Bill· HJRESH.J.Res. 418 (103rd)open
United States · United States Congress · 28 September 1994
Designates October 19, 1994, as National Mammography Day.
Law· HJRESH.J.Res. 417 (103rd)enacted
United States · United States Congress · 28 September 1994
Extends, through February 28, 1995, to the dispute referred to in Executive Order No. 12925 of August 29, 1994, between the Soo Line Railroad Company and its employees, the application of a provision of the Railway Labor Act which prohibits parties to a dispute from modifying, except by agreement, the conditions out of which the dispute arose.
Law· HJRESH.J.Res. 415 (103rd)enacted
United States · United States Congress · 27 September 1994
Designates the week beginning October 16, 1994, as National Penny Charity Week.
Bill· HRH.R. 5082 (103rd)referred
United States · United States Congress · 22 September 1994
Amends the Omnibus Budget Reconciliation Act of 1990 to extend from three years to five years the period during which Medicare select policies may be issued.
Resolution· HRESH.Res. 539 (103rd)referred
United States · United States Congress · 21 September 1994
Urges the President to issue an Executive order: (1) fostering the advancement of the National Education Goals for American Indians; (2) promoting Federal assistance for tribally controlled and operated post-secondary institutions; and (3) establishing an advisory commission on tribally controlled institutions of higher learning.
Bill· HRH.R. 5032 (103rd)referred
United States · United States Congress · 13 September 1994
Family Business Preservation Act - Amends the Internal Revenue Code to reduce the rate of estate tax on certain family-owned businesses. Provides for a recapture of tax benefits if the business is not held for at least ten years by the heirs or the heirs do not materially participate during such ten years. Provides that the limitation on the four percent rate of interest on estate tax extended for estates consisting largely of a closely held business is not applicable to estate tax attributable to qualified family-owned business interests. Extends the alternate valuation date from six months to 40 months for estates consisting largely of qualified family-owned business interests. Increases the tax exclusion for gifts to ancestors or descendants. Increases the unified estate and gift tax credits.
Bill· HRH.R. 5006 (103rd)open
United States · United States Congress · 20 August 1994
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 1994 - Title I: Retirement Savings Incentives - Subtitle A: Restoration of IRA Deduction - Amends the Internal Revenue Code to remove the limitation on the deductibility of contributions to individual retirement plans (IRAs) by active participants in employer-maintained plans, thereby restoring the IRA deduction. Provides an inflation adjustment after 1995. Allows certain spouses a full deduction for contributions to an IRA. 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. Title II: Penalty-Free Distributions - Allows distributions from certain retirement plans without penalty to purchase first homes, pay higher education expenses and financially devastating medical expenses, and 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 the Congress on a revision of the AFDC limit on automobiles in order to increase the employability of AFDC recipients.
Bill· HRH.R. 4995 (103rd)open
United States · United States Congress · 19 August 1994
Ticket Fee Disclosure Act of 1994 - Prohibits any seller or reseller (including any ticket broker) of entertainment or sporting event tickets from failing to: (1) disclose to a purchaser of such a ticket, prior to purchase, any fee, charge, or assessment (other than a tax or other levy imposed pursuant to Federal, State, or local law) to be imposed in excess of the face amount of the ticket; and (2) have the amount of any such cost imprinted on the ticket or on a receipt evidencing any such ticket sale. Directs that such provision be enforced by the Federal Trade Commission under the Federal Trade Commission Act (FTCA). Treats any violation of such provision as a violation of a rule under the FTCA regarding unfair or deceptive acts or practices. Authorizes State attorneys general to bring civil actions on behalf of their residents whenever they believe that the interests of such residents have been or are being threatened or adversely affected because of an act or practice in violation of such provision.
Resolution· HCONRESH.Con.Res. 286 (103rd)referred
United States · United States Congress · 17 August 1994
Expresses the sense of the Congress with respect to its recognition of El Salvador's President Cristiani for his contributions to the cause of peace and democracy in that country.
Bill· HRH.R. 4933 (103rd)referred
United States · United States Congress · 10 August 1994
Landfill Technological Improvement Act of 1994 - Amends the Solid Waste Disposal Act to provide that nothing shall prohibit usage in hazardous waste landfills of sorbents manufactured from processed organic materials that would not be expected to degrade in an anaerobic environment until the Administrator of the Environmental Protection Agency issues final regulations concerning anaerobic landfill conditions and the usage of organic sorbents.
Bill· HRH.R. 4919 (103rd)referred
United States · United States Congress · 8 August 1994
Helium Act of 1994 - 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. Directs the Inspector General of the Department of the Interior to prepare certain annual financial statements for the Helium Operations of the Bureau of Mines.
Bill· HRH.R. 4916 (103rd)referred
United States · United States Congress · 8 August 1994
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 Superfund Reform Act of 1994 - 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/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/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 or 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 1999. Title VIII: Environmental Insurance Resolution Fund - Environmental Insurance Resolution and Equity Act of 1994 - 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: Taxes - Amends the Internal Revenue Code to extend the applicability of the environmental tax to tax years before January 1, 2001 (currently, 1996). Extends certain provisions regarding the Superfund financing rate. (Sec. 903) Requires all expenditures of the Resolution Fund to be paid out of fees and assessments imposed by the Internal Revenue Code. Exempts the Fund from Federal, State, and local taxation.
Bill· HRH.R. 4909 (103rd)referred
United States · United States Congress · 5 August 1994
Amends the Elwha River Ecosystem and Fisheries Restoration Act to remove requirements that Act funds appropriated to the Secretary of the Interior be spent through the Assistant Secretary of the Interior for Fish, Wildlife, and Parks and Act funds appropriated to the Secretary of Commerce be spent through the National Marine Fisheries Service.
Law· HRH.R. 4867 (103rd)enacted
United States · United States Congress · 1 August 1994
High-Speed Rail Development Act of 1994 - Authorizes the Secretary of Transportation (Secretary) to provide financial assistance to a public agency or group of public agencies for up to 50 percent of the publicly funded costs for corridor planning activities (engineering, operational, financial, environmental, or socioeconomic projections preliminary to implementation of specific high-speed rail improvements). Prohibits the use of such assistance for corridor planning with respect to the main line of the Northeast Corridor, between Washington, D.C., and Boston, Massachusetts. Authorizes the Secretary to undertake activities for the improvement, adaptation, and integration of developed technologies for commercial application in high-speed rail service in the United States. Requires the Secretary to promulgate safety regulations necessary for high-speed rail. Authorizes appropriations.
Bill· HRH.R. 4868 (103rd)referred
United States · United States Congress · 1 August 1994
Railroad Unemployment Insurance Amendments Act of 1994 - Amends the Railroad Unemployment Insurance Act to revise the waiting period for unemployment benefits. Permits an employee to receive up to seven days of unemployment benefits during the first registration period during a time of continued unemployment, under specified conditions. Prohibits payment of benefits during a registration period if the employee had earnings during it of more than the monthly compensation base for the applicable base year. Makes similar revisions to the waiting period for sickness benefits. Revises the formula for calculating the maximum daily benefit rate. Provides extended benefits for up to 65 days of unemployment or 65 days of sickness during a benefit year after exhaustion of regular benefits.
Bill· HRH.R. 4882 (103rd)referred
United States · United States Congress · 1 August 1994
TABLE OF CONTENTS: Title I: Lead Abatement Title II: Miscellaneous Title III: Authorization of Appropriations Lead Exposure Reduction Act of 1994 - Title I: Lead Abatement - Amends the Toxic Substances Control Act to prohibit the processing or distribution in commerce of certain products containing more than a specified percentage of lead. (Sec. 103) Prohibits the sale or distribution in commerce of packaging or products if they include any additive to which lead has been intentionally introduced. Exempts certain products from lead content requirements, including products used for medical purposes, radiation protection or shielding, or in the mining industry to determine the presence of noble metals. (Sec. 104) Requires the Administrator to promulgate a list of lead-containing products that may present a health or environmental risk, specify the maximum concentration of lead found in such products, and promulgate labeling requirements. (Sec. 106) Prohibits: (1) placing in a landfill or incinerating lead-acid batteries; and (2) the disposal of such batteries other than by recycling in accordance with this Act. Requires used batteries to be delivered to specified entities and establishes battery acceptance requirements. Makes it unlawful to sell a battery that does not bear a label setting forth lead content and recycling information. Prohibits any person from selling at retail for use in the United States a regulated battery or rechargeable consumer product introduced into interstate commerce on or after one year after this Act's enactment date unless: (1) the battery is easily removable from the product, is contained in a battery pack that is easily removable, or is sold separately; and (2) the rechargeable consumer product and the battery are labeled in accordance with this Act. Sets forth labeling requirements, including that the label contain a statement that the battery must be recycled or disposed of properly. Requires retail establishments that sell such batteries or products to post notices informing consumers that regulated batteries must be recycled or disposed of properly. Authorizes the Administrator, upon determining that other rechargeable batteries having electrode chemistries different from regulated batteries are toxic and may cause substantial harm if discarded for land disposal or incineration, to promulgate: (1) labeling requirements for such batteries and related products; and (2) easily-removable design requirements for rechargeable consumer products designed to contain such batteries or battery packs. Provides for exemptions from rechargeable battery requirements under certain conditions. Prohibits the introduction into commerce or offering for introduction or promotional purposes of: (1) alkaline-manganese batteries manufactured on or after January 1, 1996, with a mercury content that was intentionally introduced (limits the content in alkaline-manganese button cells to 25 milligrams of mercury per button cell); (2) zinc carbon batteries manufactured on or afer January 1, 1995, that contain mercury that was intentionally introduced; (3) button cell mercuric-oxide batteries on or after January 1, 1995; and (4) any mercuric-oxide battery on or after January 1, 1997. Sets forth enforcement provisions. Authorizes appropriations. (Sec. 107) Directs the Administrator to study and report to the Congress on the environmental and public health effects of burning used oil. Requires the Administrator to appoint a Coordinator for Lead Activities to coordinate activities relating to the prevention of lead poisoning, the reduction of lead exposure, and lead abatement. Title II: Miscellaneous - Expresses the sense of the Congress that the Administrator should finalize no rule or regulation that requires a nationwide prohibition of the manufacture, sale, or use of fishing sinkers, jigs, or lures containing lead, brass, or zinc until the Administrator gives priority consideration to alternative means of reducing the risk to waterfowl from lead fishing sinkers. Title III: Authorization of Appropriations - Authorizes appropriations.
Bill· HRH.R. 4847 (103rd)referred
United States · United States Congress · 28 July 1994
Bonneville Power Administration Appropriations Refinancing Act - Prescribe guidelines under which the Administrator of the Bonneville Power Administration (BPA) is directed to refinance a certain appropriated debt by establishing: (1) a new principal amount for such debt; (2) new interest rates for such debt based on long-term Treasury rates in effect as of the date the principal is reset; and (3) a $100 million limit on prepayments of old capital investments before a certain date. States that certain claim settlement payments made by the Administrator to the Confederated Tribes of the Colville Reservation shall be credited against BPA payments owed to the Treasury. Directs the Administrator to offer to include provisions in future electric power service contracts that preclude further increases in the refinanced principal amount or interest rate obligations to the Government.
Bill· HRH.R. 4849 (103rd)referred
United States · United States Congress · 28 July 1994
TABLE OF CONTENTS: Title I: National Authority Title II: Application of Convention Prohibitions to Natural and Legal Persons Title III: Declarations by Chemical Industry Title IV: Inspections Chemical Weapons Convention Implementation Act of 1994 - Title I: National Authority - Directs the President to establish the United States National Authority to serve as the focal point for liaison with the Organization for the prohibition of Chemical Weapons and other States Parties to the convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on Their Destruction opened for signature on January 13, 1993. Title II: Application of Convention Prohibitions to Natural and Legal Persons - Amends the Federal criminal code to impose criminal penalties on anyone who knowingly develops, acquires, stockpiles, transfers, uses, owns, or possesses any chemical weapon, assists any other person in doing so, or attempts to do so. Makes such provision inapplicable to the retention, ownership, or possession of any chemical weapon that is permitted by the Convention, pending the weapon's destruction, by any Federal agency. (Sec. 201) Sets forth provisions regarding seizures and forfeitures of chemical weapons. Imposes criminal penalties upon persons who knowingly use riot control agents as a method of warfare or assist another person in doing so. Subjects members of the armed forces who engage in such activity to military penalties. (Sec. 203) Makes it unlawful for any person or any U.S. national located outside the United States to produce, acquire, transfer, or use a chemical listed on Schedule 1 of the Annex on Chemicals of the Convention unless: (1) the chemicals are applied to research, medical, pharmaceutical, or protective purposes; (2) the types and quantities of chemical are strictly limited to those that can be justified for such purposes; and (3) the amount of such chemicals per person at any given time for such purposes does not exceed a limit to be determined by the United States National Authority or, in any case, one metric ton. Makes it unlawful for any person or U.S. national located outside the United States to: (1) produce, acquire, transfer, or use Schedule 1 chemicals outside the territories of the States Parties to the Convention or to transfer such chemicals to any person outside of the United States except as provided for in the Convention for transfers to persons located in other State Parties; and (2) transfer a chemical on Schedule 2 of the Annex to any person outside the territory of a State party or to receive such a chemical from any person outside a State Party. Title III: Declarations by Chemical Industry - Requires the Department of Commerce to establish recordkeeping and reporting requirements for persons who produce, process, consume, export, or import chemical substances subject to the Convention or who propose to engage in such activities. (Sec. 303) Makes it unlawful to fail to comply with recordkeeping and reporting requirements. Title IV: Inspections - Authorizes members of inspection teams of the Technical Secretariat of the Organization for the Prohibition of Chemical Weapons to inspect plants, plant sites, or other locations in the United States subject to inspection under the Convention. (Sec. 401) Sets forth additional provisions regarding notice, time frame, and scope of inspections. (Sec. 403) Makes it unlawful to fail or refuse to permit entry or inspection or to disrupt or impede an inspection. (Sec. 404) Provides for civil penalties for specified violations of this Act.
Resolution· HRESH.Res. 488 (103rd)passed
United States · United States Congress · 25 July 1994
Considers H.R. 868 (Consumer Protection Telemarketing Act) to be taken from the Speaker's table and the Senate amendment agreed to with an amendment.
Bill· HRH.R. 4809 (103rd)referred
United States · United States Congress · 21 July 1994
Prostate Cancer Diagnosis and Treatment Act of 1994 - Amends title XVIII (Medicare) of the Social Security Act to provide for coverage of specified prostate cancer screening services and certain drug treatments for such cancer. Requires the Secretary of Health and Human Services to establish fee schedules for such services. Amends Federal law to cover such screening and treatment services for veterans as a preventive health service. Amends the Public Health Service Act to authorize appropriations for certain public health programs related to prostate cancer research and education. Directs the Administrator of the Agency for Health Care Policy and Research to: (1) conduct and support prostate cancer health services and screening and treatment procedures; and (2) provide for the development, periodic review, and updating of clinically relevant guidelines, standards of quality, performance measures, and medical review criteria.
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