United States · United States Congress · 2 August 1996
Drug-Free Workplace and Public Safety Assurance Act of 1996 - Amends the Americans with Disabilities Act of 1990 to exclude from the definition of qualified individual with a disability, with respect to safety-sensitive employment functions, individuals who have a record or history of the habitual or regular use of illegal drugs or of the abuse of alcohol, or of clinical alcoholism. Makes conforming amendments to the Rehabilitation Act of 1973.
United States · United States Congress · 2 August 1996
Restores Federal armed forces provisions relating to the status of missing persons as in effect before amendments made by the National Defense Authorization Act for Fiscal Year 1997.
United States · United States Congress · 2 August 1996
Drug-Free Schools Reform Act of 1996 - Amends the Elementary and Secondary Education Act of 1965 to revise requirements for State Grants for Drug and Violence Prevention Programs. Revises requirements relating to State applications for such grants. Eliminates requirements relating to distribution of State funds among local educational agencies and their applications for such assistance. Revises program requirements. Requires use of program funds for awarding grants to State, county, or local law enforcement agencies (including district attorneys) in consortium with local educational agencies or community-based agencies to carry out drug abuse and violence prevention activities. Revises evaluating and reporting requirements for such programs.
United States · United States Congress · 2 August 1996
Provides for mandatory drug testing of Members of the House of Representatives. Makes House accounts available for payment of program expenses. Requires the Clerk of the House to contract with a private, nongovernmental entity for such testing services. Requires random testing of ten percent of the Members each month. Requires test results to be: (1) provided to each Member involved and to the Committee on Standards of Official Conduct for appropriate action; and (2) included in a biennial report of the Clerk and printed as a House document.
United States · United States Congress · 31 July 1996
Amends Federal law to require the Federal Acquisition Regulation to ensure avoidance of unnecessary bundling of contract requirements. Amends the Office of Federal Procurement Policy Act to revise the definition of "bundling of contract requirements." Provides for the reporting of bundled contract opportunities.
United States · United States Congress · 11 July 1996
National Small Business Regulatory Relief Act of 1996 - Amends the Small Business Act to establish a Small Business Regulatory Relief Council. Directs the Environmental Protection Agency, Internal Revenue Service, and Occupational Safety and Health Administration (participating agencies) to submit to the Council a five-year plan for the establishment and maintenance of a partnership with small business development centers (SBDCs) for a system of voluntary regulatory compliance (compliance). Outlines plan contents and requires such participating agencies to ensure the nonduplication of efforts in such regard. Requires the Council: (1) within 30 days after a participating agency submits a plan, to approve or modify such plan; (2) to establish guidelines for the implementation of each plan; and (3) to report annually to the President and the congressional small business committees on the types of assistance provided by SBDCs to small businesses participating in the system of compliance, as well as outreach efforts to inform small businesses of such opportunity. Requires each SBDC to: (1) submit annually to the Council a work plan for SBDCs to carry out the system of compliance; (2) report semiannually to the Council on assistance provided to small businesses by SBDCs under this Act; and (3) report annually to the Council on recommendations for improving the regulation of small businesses. Directs the Council to: (1) evaluate annually the system of compliance; (2) determine whether SBDCs are performing in accordance with their compliance work plans; and (3) provide for an independent evaluation of such system after three years of operation. Requires the participating agencies to set aside specified percentages of their annual funding for FY 1997 through 2001 for compliance assistance under this Act. Provides for the deposit of such funds into the National Regulatory Relief Fund, and for appropriate Fund distributions.
United States · United States Congress · 27 June 1996
Expresses the sense of the Congress that, as part of balancing the budget and reevaluating the role of government, Federal, State, and local elected officials should carefully consider the cost of Government spending and regulatory programs in the year to come so that American families will be able to keep more of what they earn.
United States · United States Congress · 20 June 1996
AFDC and Medicaid Waiver Fairness Act of 1996 - Amends title XI of the Social Security Act to provide for establishment of a deadline for approval or denial of an application for a waiver for certain Aid to Families with Dependent Children program (AFDC) and Medicaid demonstration projects under, respectively, SSA titles IV part A and XIX.
United States · United States Congress · 13 June 1996
Condemns the burning of African-American churches. Sends condolences to affected individuals. Supports the activities of local law enforcement officials, the Department of Justice, and the Department of the Treasury in investigating these incidents. Urges: (1) the United States Attorney General and local prosecutors to seek the maximum penalty available under law to punish the perpetrators; and (2) the President to make the fullest possible use of all available law enforcement resources to bring the culprits to justice. Expresses the sense of the Congress that: (1) attacks on places of worship because of the race, color, denomination, or ethnicity of the congregation undermine fundamental American ideals; (2) these fires appear to be hate crimes and implicitly interfere with the First Amendment and other civil rights of the victims; (3) the arson of a place of worship is repulsive to us as a society; and (4) it is important that the Congress enact legislation to ensure that Federal law enforcement has the necessary tools to punish and deter such acts. Encourages: (1) the people of the United States to work within their own communities to prevent arson against African-American or any other house of worship; and (2) American citizens to observe a national week of prayer beginning June 16, and ending June 23, 1996, in their places of worship.
United States · United States Congress · 13 June 1996
Condemns the burning of African-American churches. Sends condolences to affected individuals. Supports the activities of local law enforcement officials, the Department of Justice, and the Department of the Treasury in investigating these incidents. Urges: (1) the United States Attorney General and local prosecutors to seek the maximum penalty available under law to punish the perpetrators; and (2) the President to make the fullest possible use of all available law enforcement resources to bring the culprits to justice. Expresses the sense of the Congress that: (1) attacks on places of worship because of the race, color, denomination, or ethnicity of the congregation undermine fundamental American ideals; (2) these fires appear to be hate crimes and implicitly interfere with the First Amendment and other civil rights of the victims; (3) the arson of a place of worship is repulsive to us as a society; and (4) it is important that the Congress enact legislation to ensure that Federal law enforcement has the necessary tools to punish and deter such acts. Encourages: (1) the people of the United States to work within their own communities to prevent arson against African-American or any other house of worship; and (2) the American people to use June 16th as a day of prayer concerning these tragedies.
United States · United States Congress · 6 June 1996
National Dam Safety Program Act of 1996 - Requires the Director of the Federal Emergency Management Agency, State dam safety agencies, and the National Dam Safety Review Board (established by this Act) to establish and maintain a coordinated national dam safety program. Sets forth the duties of the Director, including: (1) developing and implementing the program; (2) establishing goals, priorities, and target dates for such implementation; and (3) providing a method for cooperation and coordination with, and (as feasible) providing assistance to, interested governmental entities in all States. Establishes program objectives, including: (1) ensuring that new and existing dams are safe through the development of technologically and economically feasible programs and procedures for national dam safety hazard reduction; (2) encouraging acceptable engineering policies and procedures used for dam site investigation, design, construction, operation and maintenance, and emergency preparedness and establishment and implementation of effective dam safety programs in each participating State based on State standards; and (3) developing public awareness projects, technical assistance materials, and mechanisms with which to provide technical assistance for dam safety to the non-Federal sector. Sets forth provisions regarding program components, including Federal and non-Federal elements, and three functional activities (leadership, technical assistance, and public awareness). Requires the Director to: (1) develop an implementation plan which shall demonstrate dam safety improvements through FY 2001 and recommend appropriate roles for Federal agencies, State and local governments, individuals, and private organizations; and (2) submit a biennial report to the Congress describing the status of the program and the progress achieved by the Federal agencies during the previous two years in implementing the Federal Guidelines for Dam Safety. Authorizes establishment of the Board, which shall be responsible for monitoring participating State implementation of the requirements of the assistance program. Authorizes appropriations. Sets forth an apportionment formula. Requires the Director to: (1) provide, at the request of any State that has or intends to develop a dam safety program, training for State dam safety staff and inspectors; and (2) undertake a program of technical and archival research. Authorizes the Secretary of the Army to maintain and periodically publish updated information on the inventory of dams.
United States · United States Congress · 10 May 1996
Minimum Wage for Families Act - Amends the Internal Revenue Code to change the heading of the section allowing a tax credit popularly known as the "earned income tax credit" to read "Working Families Support Credit" (WFSC). (The current section heading reads "Earned income.") Conditions eligibility for the WFSC on individuals: (1) including their social security numbers on their tax returns; and (2) having a qualifying child. Removes provisions defining a qualifying child as including a student under the age of 24. Includes in the definition of "disqualified income" income from passive activities. Modifies how adjusted gross income is determined for the WFSC, including regarding certain: (1) child support payments; (2) non-taxable income; (3) income not included in gross income; (4) amounts relating to capital losses, trade or business losses, and estate and trust losses. Changes phaseout percentages and other percentages and amounts used in the calculation of the WFSC. Mandates monthly payment of the WFSC portion of any refund unless the WFSC is under $600. Increases penalties on: (1) tax preparers for understatement of tax liability and other actions; and (2) any person who aids and abets an understatement. Mandates reports to the Congress on: (1) ways to encourage WFSC recipients to obtain advance payments, reduce advance payment fraud, and reduce advance payment burdens on small businesses; and (2) the feasibility and effects of converting food stamps into cash payments and making those payments in the same payments as WFSC monthly payments.
United States · United States Congress · 10 May 1996
Declares the sense of the Congress that: (1) the people of the Nation should support individuals with breast cancer and their family members and other loved ones; and (2) the family members and other loved ones should support each other as well as such individuals.
United States · United States Congress · 9 May 1996
Regulator Term Limit Act of 1996 - Provides that an individual may not serve more than two terms as a member of any particular independent regulatory commission and permits continued service by an individual following the expiration of the individual's term. Sets forth a limitation on continued service.
United States · United States Congress · 7 May 1996
Defense of Marriage Act - Amends the Federal judicial code to provide that no State, territory, or possession of the United States or Indian tribe shall be required to give effect to any marriage between persons of the same sex under the laws of any other such jurisdiction or to any right or claim arising from such relationship. Establishes a Federal definition of: (1) "marriage" as only a legal union between one man and one woman as husband and wife; and (2) "spouse" as only a person of the opposite sex who is a husband or wife.
United States · United States Congress · 1 May 1996
Declares that it is the sense of the Congress that the Board of Trustees of the Federal Hospital Insurance Trust Fund should submit to the Congress without further delay its annual report due on April 1, 1996.
United States · United States Congress · 25 April 1996
Amends the Communications Act of 1934 to require the Federal Communications Commission, in its review of any application for renewal of a commercial or noncommercial television broadcast license, to consider the extent to which the licensee has participated in efforts to educate and inform the public as to the dangers of drug and substance abuse and appropriate methods for obtaining treatment. Prohibits the Commission from finding that a renewal is consistent with the public interest, convenience, and necessity unless the applicant demonstrates that: (1) the station has broadcast public service announcements concerning drug and substance abuse and treatment during each hour of its broadcasting day; and (2) the duration of such announcements equals not less than five percent of the duration of commercial advertisements during that hour. Requires the Commission to include in its annual reports to the Congress an analysis of broadcasters' progress in meeting the requirements of this Act.
United States · United States Congress · 25 April 1996
Drive Away from Ethanol Welfare Act of 1996 - Amends the Internal Revenue Code to repeal the credit for alcohol used to produce any ether. Limits other tax incentives to produce alcohol for use as fuel. Reduces the credit for any alcohol which is ethanol.
United States · United States Congress · 24 April 1996
Regulatory Fair Warning Act - Amends Federal Government operations law to limit the sanctions which may be imposed by courts and agencies for rule violations: (1) involving agency rules which failed to give the defendant fair warning of the conduct that the rule prohibits or requires; (2) where the defendant reasonably and in good faith determined prior to the violation that he or she was in compliance with, exempt from, or otherwise not subject to, the rule requirements based upon his or her understanding of the rule text and published guidances and policies related to the rule; or (3) committed in reasonable reliance upon a written statement by a Federal or State official authorized to implement or ensure compliance with the rule, made after disclosure by the defendant of all material facts, that the defendant was in compliance with, exempt from, or otherwise not subject to the rule requirements. Prohibits the court or agency in an action brought to impose a civil or criminal sanction for an alleged rule violation from giving deference to any interpretation of such rule relied upon by the promulgating agency that was not published in the Federal Register or was not available to the defendant before the alleged violation.
United States · United States Congress · 15 April 1996
Small Business OSHA Relief Act of 1996 - Amends the Occupational Safety and Health Act of 1970 (OSHA) to require each OSHA standard promulgated by the Secretary of Labor to be based upon a cost-benefit assessment and a determination that the standard's benefits justify the costs it imposes. Directs the Secretary, in the case of any employer of 250 or fewer employees cited for a violation of specified requirements, standards, or rules, which is a significant threat to an employee's health or safety, but where the employer has made a good faith correction effort, to waive up to 100 percent of the penalty otherwise proposed for such violation: (1) if the employer corrects the violation within the time set for abatement; or (2), if the employer does not correct the violation within such time, to the extent that the employer uses the amount which would have been paid as the penalty for correction of the violation. Prohibits issuance of a citation for any posting requirement and any requirement to prepare and maintain injury and illness records or written plan or verification, unless: (1) the employer has willfully or repeatedly violated the requirement; or (2) the failure to meet such requirement has resulted in employee exposure to a hazard. Directs the Secretary to enter into cooperative agreements with States for consultation to employers concerning the provision of safe and healthful working conditions. Requires the Secretary to reimburse States that enter into such agreements for 90 percent of costs and 100 percent of State staff training and specified out-of-State travel expenses. Prohibits the Secretary from establishing any performance measures for any subordinate within the Occupational Safety and Health Administration (including any regional director, area director, supervisor, or inspector) with respect to the number of inspections conducted, citations issued, or penalties assessed.
United States · United States Congress · 29 March 1996
Drug and Biological Products Reform Act of 1996 - Amends the Federal Food, Drug, and Cosmetic Act (FDCA) to set forth the mission of the Food and Drug Administration (FDA) and mandate an annual report to specified congressional committees. (Sec. 3) Modifies new drug requirements regarding: (1) clinical investigation commencement; (2) application contents and review; (3) effectiveness determinations; (4) the use of scientific advisory panels; and (5) marketing approval application review by accredited persons. (Sec. 8) Provides for the accreditation of persons to: (1) review applications for new drugs or for certification of insulin-containing drugs; and (2) conduct good manufacturing practice (GMP) inspections. (Sec. 9) Allows applicants to declare an impasse in a review or a submission for an investigational use exemption and mandates use of a dispute resolution process. (Sec. 10) Adds references to accredited persons to provisions relating to GMP inspections. Imposes post-inspection requirements. Deems certain chemistry, manufacturing, and controls to comply with current GMP and prohibits actions to delay or prevent the manufacture or marketing of a drug for failure to conform to GMP, subject to exception. (Sec. 12) Allows a new drug manufactured in a small facility to be used to show safety and effectiveness. (Sec. 13) Regulates changes in the manufacture of a new drug, biological product, new animal drug, blood, or blood component. (Sec. 14) Repeals provisions relating to the certification of drugs containing insulin or antibiotics. (Sec. 15) Requires that applications or petitions requesting conversion from prescription to nonprescription status and all matters relating to nonprescription drugs be reviewed by a single office in the Center for Drug Evaluation and Research. Allows a single scientific advisory panel to provide recommendations. (Sec. 16) Mandates an applicant-accessible information system to track applications and submissions to the FDA. (Sec. 17) Prohibits actions by the Secretary of Health and Human Services from requiring an environmental impact statement or environmental assessment. (Sec. 18) Regulates drugs compounded by a licensed pharmacist on the order of a licensed physician. (Sec. 19) Directs the Secretary to meet with foreign countries to discuss harmonization of regulatory requirements. (Sec. 20) Controls the effect of the dissemination of medical texts, peer-reviewed scientific publications, and other material. (Sec. 21) Prohibits the Secretary from relying on statements not promulgated in accordance with rulemaking requirements to require any action under the FDCA. (Sec. 22) Mandates training for FDA employees on regulations and policies under the FDCA. (Sec. 23) Regulates: (1) the delegation of authority under the FDCA; (2) judicial review of decisions regarding investigational new drugs and new drugs; and (3) communication to non-FDA persons regarding certain matters before completion of an investigation. (Sec. 26) Defines "biological product" and "human tissue." Declares that blood, a blood component, an organ, milk, or human tissue is not a drug. Prohibits subjecting computer software developed or modified by, or used in, a human tissue establishment to any premarket clearance requirement. Requires such software to be validated to demonstrate that it achieves its intended purpose before use and subjects it to the GMP requirements of the FDCA. Requires licenses to introduce biological products, blood, and blood components into interstate commerce. Regulates licensing. Allows regulation of human tissue only if the Secretary demonstrates that voluntary regulation is inadequate to protect the public health. Provides for such regulation.
United States · United States Congress · 26 March 1996
Congratulates the people of Taiwan on holding the first democratic presidential election in Chinese history. Declares that the United States is committed to: (1) moving nations toward freedom and democracy; and (2) encouraging and protecting its democratic friends on Taiwan, within the framework of the Taiwan Relations Act.
United States · United States Congress · 21 March 1996
Uniformed Services Medicare Subvention Demonstration Project Act - Directs the Secretaries of Defense and Health and Human Services (HHS) to jointly establish a demonstration project (project) to provide the Department of Defense (DOD) with reimbursement, under provisions of title XVIII (Medicare) of the Social Security Act, for health services provided through DOD to certain Medicare-eligible covered military beneficiaries. Requires the project to be conducted in one or more regions in which the TRICARE program (a DOD managed health care program) has been implemented. Allows such project to be conducted for up to two years. Requires such Secretaries to jointly submit to the Congress a first annual report and a final report containing specified information concerning project participants and such project's effects on military medical care access, readiness, and training. Directs the HHS Secretary to make monthly payments to DOD from the Federal Hospital Insurance Trust Fund and the Federal Supplementary Medical Insurance Trust Fund (HHS trust funds) representing appropriate reimbursement amounts. Provides for the determination of such amounts. Directs such Secretaries to jointly: (1) establish a base level of TRICARE coverage required in a geographic region for eligibility under the project; (2) determine baseline costs of such care and coverage; and (3) establish upper reimbursement limits. Directs the Secretary of Defense to waive the enrollment fee for individuals enrolled in a TRICARE program participating in the project. Establishes in the Treasury the Medicare Subvention Fund (Fund) for providing payments to the HHS Secretary for reimbursement of the HHS trust funds and for the payment of all expenses related to the participation of Medicare-eligible covered military beneficiaries in excess of the base level established under this Act, as well as administrative expenses. Authorizes appropriations for FY 1997 and 1998 for deposit into the Fund to carry out the purposes of this Act.
United States · United States Congress · 21 March 1996
Defend America Act of 1996 - Expresses U.S. policy to deploy by the end of 2003 a National Missile Defense (NMD) system that: (1) is capable of providing a highly effective defense of U.S. territory against limited, unauthorized, or accidental ballistic missile attack; (2) will be augmented over time to provide a layered defense against larger and more sophisticated ballistic missile threats; and (3) does not feature an offensive-only form of deterrence. Directs the Secretary of Defense to develop for deployment an affordable and operationally effective NMD system which shall achieve an initial operational capability by the end of 2003. Outlines system elements, including the use of missile interceptors on the ground, at sea, and in space. Directs the Secretary to take specified actions to implement the NMD system development upon enactment of this Act, including the conduct of an integrated systems test by the end of 1998. Requires the Secretary to report to the Congress the Secretary's plans for the development and deployment of the NMD system. Urges the President to pursue high-level discussions with the Russian Federation to achieve an agreement to amend the Anti-Ballistic Missile (ABM) Treaty to allow deployment of the NMD system. Requires the President to present any such agreement to the Senate for its advice and consent. Requires the President and the Congress, if such an agreement is not achieved within one year after enactment of this Act, to consider exercising the option of withdrawing the United States from the ABM Treaty.
United States · United States Congress · 13 March 1996
Federal Agency Anti-Lobbying Act - Prohibits the use of any appropriated funds by Federal agencies for any activity that includes the preparation, publication, or distribution of any written, oral, or visual material promoting public support or opposition to any legislative proposal, including the confirmation of the nomination of a public official or ratification of a treaty on which congressional action is not complete, with the exception of: (1) the President; (2) Vice-President; (3) specified congressional communications; and (4) public communications by any Federal agency official on the views of the President for or against any pending legislative proposal.
United States · United States Congress · 7 March 1996
Regulatory Flexibility Amendments Act of 1996 - Permits an affected small business, within one year after the effective date of a final rule, to petition for judicial review of an agency's: (1) certification that such rule would not have a significant economic impact on a substantial number of small businesses; or (2) final regulatory flexibility analysis for such rule. Authorizes the court to: (1) order an agency to prepare a final regulatory analysis for a rule for which such a certification was arbitrary, capricious, or an abuse of discretion; (2) order an agency to take appropriate corrective action for a final regulatory flexibility analysis that was prepared without observance of the proper procedure; and (3) stay the rule or grant other appropriate relief if the agency fails to take such action within 90 days. Requires an agency, on or before the 30th day preceding the date of publication of a general notice of proposed rulemaking, to transmit to the Chief Counsel for Advocacy of the Small Business Administration: (1) a copy of the proposed rule; and (2) a copy of the initial regulatory flexibility analysis for the rule or a determination that such an analysis is not required. Directs the Chief Counsel, within 15 days thereafter, to transmit to such agency a written statement of the effect of the proposed rule on small entities. Requires publication of such response in the Federal Register. Provides a special rule with respect to proposed rules of certain Federal banking agencies. Expresses the sense of the Congress that the Chief Counsel should be permitted to appear as amicus curiae in any action brought for the purpose of reviewing a rule.
United States · United States Congress · 1 February 1996
Antitrust Health Care Advancement Act of 1996 - Provides that the following activities shall not be deemed illegal per se in any action under the Federal antitrust laws or similar State law, but shall be judged based on reasonableness: (1) the exchange of information relating to costs, sales, profitability, marketing, prices, or fees of any health care service health care providers solely for, and reasonably required for, establishing a health care provider network (HCPN); (2) the conduct of an HCPN in negotiating, making, or performing a contract for providing health care services to individuals under the terms of a health benefit plan; and (3) the conduct of any HCPN member for the purpose of providing such services under such contract. Directs the Attorney General and the Federal Trade Commission to jointly issue guidelines specifying the enforcement policies and analytical principles that will be applied by the Department of Justice and the Commission with respect to the operation of this Act.
United States · United States Congress · 1 February 1996
Constitutional Amendment - Requires a two-thirds vote of each House of the Congress in order to pass any bill levying a new tax or increasing the rate or base of any tax. Allows the Congress to waive that requirement during war or certain military conflict. Requires all votes under this Amendment to be by yeas and nays and the names of persons voting for and against to be entered in the Journal of each House.
United States · United States Congress · 31 January 1996
Silvio O. Conte National Fish and Wildlife Refuge Eminent Domain Prevention Act - Amends the Silvio O. Conte National Fish and Wildlife Refuge Act to require the consent of the owner of lands in order to acquire the lands for purposes of the Act.
United States · United States Congress · 25 January 1996
National Motor Vehicle Safety, Anti-Theft, Title Reform, and Consumer Protection Act of 1995 - Amends Federal transportation law to require States, in licensing a passenger motor vehicle whose ownership has been transferred, to disclose on the certificate of title whenever records indicate that such vehicle was previously issued a title that contained a word or symbol signifying that it was "salvage," "unrebuildable," "parts only," "scrap," "junk," "nonrepairable," "reconstructed," "rebuilt," or that it has been damaged by flood. Directs the Secretary of Transportation to issue regulations requiring each State in licensing such vehicles to apply uniform standards, procedures, and methods for the issuance and control of motor vehicle titles and for information to be contained on such titles. Authorizes States to use Federal highway safety funds to defray the costs of establishing new procedures to comply with such requirements. Makes it unlawful for any person knowingly and willfully to: (1) make false statements on an application for a motor vehicle title; (2) fail to apply for a salvage title when such application is required; (3) alter, forge, or counterfeit a certificate of title, a nonrepairable vehicle certificate, a certificate verifying an anti-theft inspection or an anti-theft and safety inspection, or a required decal affixed to a passenger motor vehicle; (4) falsify the results of an inspection; (5) offer to sell any salvage vehicle or nonrepairable vehicle as a rebuilt salvage vehicle; or (6) conspire to commit any of the above acts. Sets forth civil and criminal penalties for violations of this Act. Amends the Tariff Act of 1930 to prohibit customs officers from allowing the export of self-propelled vehicles from the United States by transport (current law permits the export of used self-propelled vehicles provided ownership information is given), unless the exporter presents proof of ownership to such officer. Sets forth a civil penalty for violations of this requirement.
United States · United States Congress · 7 December 1995
Water Supply Infrastructure Assistance Act of 1995 - Directs the Administrator of the Environmental Protection Agency to make grants to States for establishing water supply infrastructure accounts in State water pollution control revolving loan fund programs to provide assistance for the construction, rehabilitation, and improvement of water supply systems. Sets forth specific requirements for grant agreements. Applies certain provisions of the Federal Water Pollution Control Act regarding authorized uses of water pollution control revolving funds, corrective action, and auditing, reporting, and fiscal controls to water supply construction accounts. Sets forth amounts to be allotted to States and U.S. territories. Reserves a specified amount for grants to Indian tribes. Directs the Administrator to develop and submit to the Congress: (1) an estimate of the cost of needed construction, rehabilitation, and improvement of water supply systems in all States; and (2) a study of the economic impact on affected units of government of the cost of installation of water supply systems. Expresses the sense of the Congress that a recipient of assistance under this Act should purchase American-made equipment and products. Directs the Administrator to provide to each recipient of assistance a notice describing such sense of the Congress. Authorizes appropriations.
United States · United States Congress · 7 December 1995
ESOP Promotion Act of 1995 - Amends the Internal Revenue Code to allow S corporations (certain small business corporations) to participate in employee stock ownership plans (ESOPs). Allows ESOP closely-held corporate sponsors to pay estate tax if an estate transferred the stock of the corporation to an ESOP. Allows the deductibility of ESOP dividends in computing alternative minimum tax if such dividends were paid on employee securities held by an ESOP established or authorized to be established before March 15, 1991. Excludes from gross income transfers of qualified securities in connection with the performance of services if such securities are sold to an ESOP within 60 days of the taxable event. Revises the voting rights requirement for an ESOP under the exclusion for interest on certain loans used to acquire employer securities by requiring that: (1) the employer of the plan has a registration-type class of securities; or (2) the plan allows each participant one vote. Allows for a qualified gratuitous transfer of remainder interest in qualified employer securities to an ESOP following the termination of payments to a charitable remainder annuity trust or a charitable remainder unitrust. Provides that securities acquired by an ESOP in a qualified gratuitous transfer allocated to any person who is related to the decedent or to any person who is a five percent shareholder be treated as having been distributed.
United States · United States Congress · 5 December 1995
Paperwork Elimination Act of 1995 - Amends the Paperwork Reduction Act to require the Director of the Office of Management and Budget to: (1) provide direction and oversee the use of alternative information technologies to substitute for paper; (2) specifically promote the optional use of electronic information technology as such an alternative; and (3) provide within a required information resources strategic management plan a description of progress in providing for the use of electronic information as a substitute for paper. Requires each Federal agency to: (1) ensure that each information collection provides for the optional use of electronic maintenance, submission, or disclosure of information; (2) certify that each such collection uses alternative information technologies to reduce burden and improve data quality, agency efficiency, and responsiveness to the public; and (3) publish within a required public notice before collection of information a description of how respondents may electronically maintain the information to be collected. Requires the Director to include in a required report to the Congress on information collection the extent to which Federal agencies reduced the collection of information burden on small businesses and other persons through the use of electronic maintenance, submission, or disclosure of information as a substitute for paper maintenance, submission, or disclosure.
United States · United States Congress · 28 November 1995
Expresses the sense of the House of Representatives that: (1) the President should immediately ask for, and accept, the resignation of the Secretary of Energy; and (2) Secretary O'Leary should reimburse the Federal Government from her personal funds for specified expenditures.
United States · United States Congress · 18 November 1995
Amends Federal armed forces provisions to provide that: (1) the special rule concerning annual cost-of-living adjustments to retired military pay for individuals who first became members of a uniformed service before August 1, 1986, shall apply only through FY 1996 (currently, FY 1998); and (2) the initial month that such increase is payable shall be March (currently, September) of the year following the effective date of such increase.
United States · United States Congress · 17 November 1995
Authorizes the Speaker of the House of Representatives and the President pro tempore of the Senate to present, on behalf of the Congress, a gold medal to Billy and Ruth Graham in recognition of their outstanding and enduring contributions toward faith, morality, and charity. Authorizes the Secretary of the Treasury to strike and sell bronze duplicates of such medal. Directs the Secretary to transfer from the Numismatic Public Enterprise Fund to the Library of Congress the amount by which the sum of any gifts and donations received by the Secretary to carry out this Act and any proceeds from the sale of bronze duplicates exceeds the total amount of the costs incurred by the Secretary in carrying out this Act.
United States · United States Congress · 10 November 1995
Amends rule XLIV (financial disclosure) of the Rules of the House of Representatives to require each report filed with the Clerk of the House under title I of the Ethics in Government Act of 1978 for calendar year 1996 or any subsequent calendar year to disclose any gift (including a meal) with a fair market value in excess of $50 (other than personal hospitality of an individual or any gift received from a relative) as adjusted under such Act. Amends rule XLIII (Code of Official Conduct) to allow a House Member, officer, or employee to accept: (1) a gift with a fair market value of $50 (currently, $100) or less; and (2) an offer of free attendance for such individual and his or her spouse or dependent at a widely attended convention, conference, symposium, forum, panel discussion, dinner, viewing, reception, or similar event provided by the sponsor of the event if the individual participates in the event as a speaker or a panel participant by presenting information related to the Congress or matters before the Congress or by performing a ceremonial function appropriate to his or her official position, or if attendance at the event is appropriate to the performance of the official duties or representative function of the individual. Includes within the definition of "free attendance" waiver of all or part of a conference or other fee, the provision of lodging or transportation or the provision of food, refreshments, entertainment, and instructional materials furnished to all attendees as an integral part of the event. Excludes entertainment collateral to the event and food or refreshments taken other than in a group setting with substantially all other attendees. Permits such an individual, spouse, or dependent to accept a sponsor's unsolicited offer of free attendance at a charity event if: (1) the event is sponsored by a tax-exempt organization; (2) all expenses are paid by the sponsoring organization and not by another corporation or individual; (3) the proceeds to charity from the event exceed the costs of the event; and (4) the participation contributes in a tangible way to the success of the event.
United States · United States Congress · 2 November 1995
Travel and Tourism Partnership Act of 1995 - Establishes the National Tourism Board to develop a national travel and tourism strategy for increasing U.S. travel and tourism. Establishes the National Tourism Organization as a non-Federal non-profit organization to implement the national travel and tourism strategy. Directs the Secretary of State and the Director of the United States Information Agency (USIA) to: (1) place priority on implementing recommendations by the National Tourism Board; and (2) cooperate with the National Tourism Organization. Authorizes the President to transfer up to 25 staff members of the United States Travel and Tourism Administration to the Foreign Service or the Commercial Service for two years to assist the Organization in its start-up activities. Amends the Export Enhancement Act of 1988 to require the Trade Promotion Coordinating Committee's (TPCC) Federal trade promotion plan to reflect, among other things, recommendations by the National Tourism Board. Makes the President of the National Tourism Organization a member of the TPCC.
United States · United States Congress · 19 October 1995
Disapproves Amendment number 8 of the "Amendments to the Sentencing Guidelines, Policy Statements, and Official Commentary," submitted by the United States Sentencing Commission to the Congress on May 1, 1995.
United States · United States Congress · 28 September 1995
Open Campus Police Logs Act of 1995 - Amends the Higher Education Act of 1965 (HEA) to require any higher education institution which participates in any student aid program under HEA title IV, and which maintains a police or security department, to keep a daily log of specified information about crimes which is open to public inspection.
United States · United States Congress · 28 September 1995
Northern Forest Stewardship Act - Directs the Secretary of Agriculture to: (1) provide technical assistance to Maine, New Hampshire, New York, and Vermont for forest products marketing cooperatives, for implementing principles of sustainability, and for land conservation; (2) prepare a related study of the Northern Forest region; and (3) cooperate in Northern Forest research. Provides for interstate coordination strategy. Directs the Secretary of Labor to provide technical assistance to forest-based industry for labor safety and training activities. Authorizes appropriations for: (1) land conservation; and (2) other activities under this Act. Expresses the sense of the Congress: (1) that States should provide landowners with liability exemptions for permitting free public use of their land; and (2) in favor of a funding mechanism to support conservation of nongame fish and wildlife on public and private land.
United States · United States Congress · 14 September 1995
TABLE OF CONTENTS: Title I: Departments Title II: Independent Agencies Title III: Reports by All Departments and Agencies Federal Reports Elimination and Sunset Act of 1995 - Title I: Departments - Amends numerous specified Federal Acts to eliminate or modify certain reporting requirements of various specified cabinet-level Departments. Title II: Independent Agencies - Amends numerous specified Federal Acts to eliminate or modify certain reporting requirements of specified independent Federal agencies. Title III: Reports by All Departments and Agencies - Amends various specified Federal law to eliminate or modify certain reporting requirements of specified Federal departments and agencies. Terminates certain annual, semiannual, and other periodic reporting requirements, specifically exempting reporting requirements under the Inspector General Act of 1978 and the Chief Financial Officers Act of 1990. Requires the President to include in the first annual budget submitted to the Congress after the enactment of this Act a list of reports that the President has determined are unnecessary or wasteful along with the reasons for such determination.
United States · United States Congress · 7 September 1995
Federal Aviation Administration Revitalization Act of 1995 - Establishes the Federal Aviation Administration (FAA) as an independent Federal agency to succeed the FAA which is currently part of the Department of Transportation (DOT). (Sec. 3) Establishes a Federal Aviation Board (Board), which shall appoint a Chief Executive Officer. Directs the Board to develop, and submit to the Congress, a personnel management system for the Administration. Establishes the Federal Aviation Management Advisory Committee to provide advice and counsel to the Administration. Prohibits the FAA, without the prior approval of the Board, from issuing a proposed or final regulation, airworthiness directive, or advisory circular that may result in the expenditure by State, local, and tribal governments, or by the private sector, of $10 million or more in any one year. Provides an exception in cases of an emergency. Requires Department of Transportation (DOT) review of all proposed or final FAA regulations. Directs the Board to develop, and submit to the Congress, an acquisition management system for the FAA. Permits the judicial review of Administration actions. (Sec. 4) Revises Federal transportation law to require the Chief Executive Officer to prepare, subject to Board approval, an annual budget for the FAA. (Sec. 5) Requires the FAA to publish cost-benefit analyses of minimum aircraft safety regulations that result in annualized compliance costs in excess of $25 million. (Sec. 6) Declares that receipts and disbursements of the Airport and Airway Trust Fund: (1) shall not be included in the totals of the President's or Congress' budget; (2) shall be exempt from any general budget limitations; and (3) shall be exempt from the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act). Requires the FAA to make annual estimates of unfunded aviation authorizations and net aviation receipts at the close of the following fiscal year. (Sec. 8) Directs the Administrator of the current FAA to issue a notice of proposed rulemaking or a denial of the petition in Docket 27791 of the FAA relating to increasing the fee that airlines retain in collecting passenger facility charges. Makes such fee increase sought in such petition effective if the Administrator fails to respond to the petition. (Sec. 9) Requires the Board to establish a select panel to review and report to the Congress on innovative financing mechanisms for ensuring adequate funding for existing and future aviation infrastructure needs. (Sec. 13) Terminates the FAA of the DOT. (Sec. 14) Directs the Secretary of Transportation to terminate 200 employee positions in the Office of the Secretary to reflect reductions in the aviation responsibilities in such office. (Sec. 15) Amends Federal transportation law to make conforming amendments to reflect FAA changes.
United States · United States Congress · 6 September 1995
Prohibits the Secretary of Health and Human Services and any other Federal official from: (1) regulating the use of tobacco or tobacco products by the National Association of Stock Car Automobile Racing or other professional motor sports association under the Federal Food, Drug, and Cosmetic Act; and (2) taking any action with respect to tobacco, tobacco products, or tobacco advertising used by such associations under the Federal Cigarette Labeling and Advertising Act or the Comprehensive Smokeless Tobacco Health and Education Act of 1986.
United States · United States Congress · 4 August 1995
TABLE OF CONTENTS: Title I: Deterrence of Illegal Immigration Through Improved Border Enforcement, Pilot Programs, and Interior Enforcement Subtitle A: Improved Enforcement at Border Subtitle B: Pilot Programs Subtitle C: Interior Enforcement Title II: Enhanced Enforcement and Penalties Against Alien Smuggling; Document Fraud Subtitle A: Enhanced Enforcement and Penalties Against Alien Smuggling Subtitle B: Deterrence of Document Fraud Subtitle C: Asset Forfeiture for Passport and Visa Offenses Title III: Inspection, Apprehension, Detention, Adjudication, and Removal of Inadmissible and Deportable Aliens Subtitle A: Revision of Procedures for Removal of Aliens Subtitle B: Removal of Alien Terrorists Subtitle C: Deterring Transportation of Unlawful Aliens to the United States Subtitle D: Additional Provisions Title IV: Enforcement of Restrictions Against Employment Title V: Reform of Legal Immigration System Subtitle A: Worldwide Numerical Limits Subtitle B: Changes in Preference System Subtitle C: Refugees, Asylees, Parole, and Humanitarian Admissions Subtitle D: General Effective Date; Transition Provisions Title VI: Restrictions on Benefits for Aliens Subtitle A: Eligibility of Illegal Aliens for Public Benefits Subtitle B: Expansion of Disqualification from Immigration Benefits on the Basis of Public Charge Subtitle C: Attribution of Income and Affidavits of Support Title VII: Facilitation of Legal Entry Title VIII: Miscellaneous Provisions Immigration in the National Interest Act of 1995 - Title I: Deterrence of Illegal Immigration Through Improved Border Enforcement, Pilot Programs, and Interior Enforcement - Subtitle A: Improved Border Enforcement - Increases: (1) the Border Patrol; and (2) Immigration and Naturalization Service (INS) border enforcement and related personnel. (Sec. 102) Provides for barrier and road improvements at U.S. border areas of high illegal entry, including San Diego, California. Authorizes appropriations for San Diego area improvements. (Sec. 103) Provides for improved border equipment and technology. (Sec. 104) Provides for biometric identifiers to be included in border crossing identification cards. (Sec. 105) Establishes civil penalties for illegal U.S. entry. (Sec. 106) Authorizes appropriations for detention and prosecution of aliens who have unlawfully entered the United States at least twice. (Sec. 107) Provides for inservice Border Patrol training. Authorizes appropriations. Subtitle B: Pilot Programs - Establishes pilot programs for: (1) deterrence of multiple unauthorized U.S. entries, which may include interior or third party repatriation; (2) use of closed military bases as INS detention centers; and (3) collection of alien departure records. Subtitle C: Interior Enforcement - Provides for increased INS interior investigative and enforcement personnel. Title II: Enhanced Enforcement and Penalties Against Alien Smuggling; Document Fraud - Subtitle A: Enhanced Enforcement and Penalties Against Alien Smuggling - Amends Federal criminal law to: (1) authorize wiretaps in alien smuggling investigations; and (2) include alien smuggling within racketeering offenses. (Sec. 203) Amends the Immigration and Nationality Act (Act) to revise and increase criminal penalties for alien smuggling. (Sec. 204) Increases the number of Assistant United States Attorneys and provides for their assignment to criminal matters involving illegal aliens. (Sec. 205) Authorizes and provides for INS undercover investigations. Subtitle B: Deterrence of Document Fraud - Amends Federal criminal law and the Act to increase and establish criminal and civil penalties for specified immigration related document fraud offenses, including false citizenship claims. Subtitle C: Asset Forfeiture for Passport and Visa Offenses - Amends Federal criminal law to provide for asset forfeiture for passport and visa offenses. Title III: Inspection, Apprehension, Detention, Adjudication, and Removal of Inadmissible and Deportable Aliens - Subtitle A: Revision of Procedures for Removal of Aliens - Amends the Act to revise alien removal and penalty provisions. (Sec. 309) Sets forth transition provisions with respect to: (1) the Attorney General's option to apply current or revised procedures; (2) judicial review; (3) suspension of deportation; and (4) certain family unity aliens. Subtitle B: Removal of Alien Terrorists - Part 1: Removal Procedures for Alien Terrorists - Amends the Act to establish a special removal procedure for alien terrorists, including establishment of a special removal court and a panel of special attorneys with access to classified information. (Sec. 322) Authorizes additional appropriations for INS detention and removal of alien terrorists. Part 2: Inadmissibility and Denial of Relief for Alien Terrorists - Amends the Act to make membership in a terrorist organization grounds for U.S. exclusion. (Sec. 332) Denies alien terrorists status adjustment and deportation relief. Subtitle C: Deterring Transportation of Unlawful Aliens to the United States - Amends the Act with regard to vessel and aircraft transportation of illegal aliens into the United States. Subtitle D: Additional Provisions - Authorizes Federal retirees to be used in the Institutional Hearing Program. (Sec. 358) Authorizes additional appropriations to the Attorney General for removing inadmissible or deportable aliens. (Sec. 359) Establishes in the Treasury an Immigration Enforcement Account. (Sec. 360) Declares that Congress advises the President to negotiate prisoner transfer treaties, which may include compensation provisions. (Sec. 361) Amends the Violent Crime Control and Law Enforcement Act of 1994 to direct INS to operate a criminal alien identification system. (Sec 363) Authorizes special registration of aliens on criminal probation or parole. Title IV: Enforcement of Restrictions Against Employment - Increases full-time employee positions in: (1) the Investigations Division of INS; and (2) the Wage and Hour Division of the Employment Standards Administration of the Department of Labor. (Sec. 403) Amends the Act to revise the employer sanctions program. Provides for an employment eligibility confirmation mechanism. Title V: Reform of Legal Immigration System - Amends the Act to restructure current legal immigration categories and levels into the following: (1) family-sponsored immigrants; (2) employment-based immigrants; and (3) humanitarian immigrants. Subtitle A: Worldwide Numerical Limits - Amends the Act to establish fiscal year worldwide limits for such immigrant categories. (Sec. 504) Requires periodic congressional review and reauthorization of worldwide immigration levels. Subtitle B: Changes in Preference System - Amends the Act to limit immediate relatives to spouses and children of U.S. citizens. (Sec. 512) Limits preference allocation for family-sponsored immigrants to: (1) spouses and children of lawful permanent resident aliens; and (2) qualifying parents of U.S. citizens. Requires parents to have adequate health coverage. (Sec. 513) Revises preference allocations for employment-based immigrants. Establishes: (1) a pilot program for smaller alien job creation investors; and (2) conditional permanent resident status for certain foreign language teachers. (Sec. 515) Revises special immigrant status provisions, including: (1) inclusion of certain NATO civilian employees; and (2) extension of status for religious workers. (Sec. 517) Makes specified family and employment-based amendments. Subtitle C: Refugees, Asylees, Parole, and Humanitarian Admissions - Amends the Act to limit annual refugee admissions to 75,000 in FY 1997 or 50,000 in succeeding years unless the Congress provides for additional entries. (Sec. 523) Authorizes the temporary employment of certain retirees to help reduce asylum application backlogs. (Sec. 524) Limits parole entry to a case-by-case basis for humanitarian or significant public benefit reasons. (Sec. 525) Provides for the admission of humanitarian immigrants. (Sec. 526) Revises asylum provisions. Subtitle D: General Effective Date; Transition Provisions - Sets forth transition provisions for specified classification status petitions. Title VI: Restrictions on Benefits for Aliens - Subtitle A: Eligibility of Illegal Aliens for Public Benefits - Part 1: Public Benefits Generally - Makes illegal aliens ineligible for unemployment benefits and Federal and State assistance, contracts, and licenses, with exceptions for emergency medical services, public health immunizations, and short-term emergency disaster relief. Requires proof of identify for Federal contracts, grants, loans, licenses, and specified public assistance programs. Authorizes States to establish similar requirements. (Sec. 605) Requires the Secretary of Housing and Urban Development to report on the disqualification of illegal aliens from housing assistance programs. Part 2: Earned Income Credit - Amends the Internal Revenue Code to deny the earned income tax credit to individuals not authorized to work in the United States. Subtitle B: Expansion of Disqualification from Immigration Benefits on the Basis of Public Charge - Amends the Act to revise public charge grounds for inadmissibility and deportability. Subtitle C: Attribution of Income and Affidavits of Support - Attributes a sponsor's income and resources to a family-sponsored immigrant for purposes of eligibility for Federal means-tested public benefits programs. (Sec. 632) Amends the Act to set forth sponsor affidavit of support requirements. Title VII: Facilitation of Legal Entry - Provides for: (1) increased numbers of land border inspectors; and (2) border infrastructure improvements. (Sec. 703) Amends the Act to provide for: (1) preinspection at specified foreign airports; and (2) training of airline personnel in fraudulent document detection. Establishes a carrier consultant program. Title VIII: Miscellaneous Provisions - Amends the Act, as amended by the Immigration and Nationality Technical Corrections Act of 1994 to revise the definition of "aggravated felony." Amends the Act with regard to: (1) definitions of "child" and "parent"; (2) visa processing procedure; (3) waiver authority concerning notice of visa application denial; (4) Canadian landed immigrants; (5) H-1B nonimmigrants; (6) visa extensions; (7) status adjustment; (8) access to certain confidential INS files; (9) nonimmigrant status for spouses and children of members of the armed forces; (10) fraudulent birth certificates; (11) visa "shopping"; and (12) specified miscellaneous and technical provisions.
United States · United States Congress · 4 August 1995
Lamprey Wild and Scenic River Act - Amends the Wild and Scenic Rivers Act (the Act) to designate a specified segment of the Lamprey River in New Hampshire as a component of the National Wild and Scenic Rivers System. Requires the segment to be: (1) administered as a recreational river by the Secretary of the Interior through cooperative agreements between the Secretary and the State of New Hampshire and the towns of Durham, Lee, and Newmarket, New Hampshire; and (2) managed in accordance with the Lamprey River Management Plan. Deems the Plan to satisfy the requirement for a comprehensive management plan pursuant to the Act. Requires the Secretary to coordinate the Secretary's management responsibilities under this Act with the Lamprey River Advisory Committee. Deems the zoning ordinances adopted by such towns, including provisions for conservation of shorelands, floodplains, and wetlands associated with the segment, to satisfy the standards and requirements of the Act. Applies to the segment provisions of the Act which prohibit Federal acquisition of lands by condemnation. Provides that the acquisition of lands for purposes of this Act shall be limited to donation or acquisition with the owner's consent and shall be subject to the additional criteria set forth in the Plan. Requires the Secretary to offer assistance regarding continued involvement of the town of Epping, New Hampshire, in the implementation of the Plan and in consideration of potential future addition of that portion of the River within Epping as a component of the System. Authorizes appropriations.
United States · United States Congress · 4 August 1995
TABLE OF CONTENTS: Title I: Liability Title II: Funding Superfund Liability Equity and Acceleration Act - Title I: Liability - Amends the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA) with respect to public availability of information under response authority provisions of the Act and the disclosure of information concerning evidence that indicates the presence of each element of liability. (Sec. 102) Limits liability under such Act to actions involving hazardous substance releases occurring after December 31, 1986, subject to the conditions of this Act. Makes such limit inapplicable to actions occurring before such date which were contrary to law. Provides for reimbursement from the Hazardous Substance Revolving Fund (Revolving Fund) as provided by this Act. Sets forth retroactive liability provisions for actions which occurred before January 1, 1987. Bars reimbursement, with respect to a site or facility discovered before June 1, 1995, from the Revolving Fund to potentially responsible parties (PRPs) for construction or operation and maintenance (O&M) costs incurred before enactment of this Act. Provides directives for use by the President of amounts from the Revolving Fund to pay O&M, construction, or other response costs (including O&M and construction but excluding legal fees) incurred on or after enactment of this Act, determined according to whether construction at a site was completed or discovered by June 1, 1995. Sets forth rules for reimbursement of costs at a site or facility with respect to which actions occurred both before and after January 1, 1987 (a "straddle site"). Permits PRPs of straddle sites discovered before June 1, 1995, to petition the President for an allocation of O&M and construction costs attributable to pre-1987 actions. Permits PRPs to petition for allocations of construction and O&M costs where actions have not been completed by June 1, 1995. (Sec. 103) Provides that persons considered to be qualified organizations under provisions of the Internal Revenue Code governing charitable contributions who are grantees of conservation easements with respect to real property on which a facility is located shall not be considered as owners or operators, for purposes of determining liability for removal and response costs, unless they have caused or contributed to the release of hazardous substances. Establishes a rebuttable presumption that a defendant who has acquired real property has made all appropriate inquiry into previous ownership and uses of the property if he establishes that, immediately prior to or at the time of acquisition, he obtained an environmental assessment of the property to determine the presence of hazardous substances, including a review of specified records of the previous ownership and use of such property. (Sec. 104) Absolves persons who have resolved liability to the United States or a State in an approved settlement proceeding of liability for cost recovery regarding matters addressed in the settlement. (Sec. 105) Provides that persons who own or operate real property that is contiguous to or otherwise situated with respect to real property on which there has been a release of a hazardous substance and that may be contaminated shall not be considered to be an owner or operator for purposes of determining liability. Authorizes the President to issue assurances of no enforcement action to such persons and grant protection against cost recovery and contribution actions. (Sec. 106) Requires the President to issue regulations to define certain terms as they apply to liability of lenders and financial service providers. Excludes from the definition of "owner or operator" (thus, protecting from individual liability) fiduciaries who hold legal title to, are the mortgagees or secured parties with respect to, control, or manage any facility or vessel at which a release occurred for purposes of administering an estate or trust of which such vessel or facility is a part. (Sec. 108) Makes liable parties who accept or successfully appeal the results of the allocation of responsibility under title V of this Act liable only for, with respect to National Priority List (NPL) sites, their assigned share of the costs of: (1) removal or remedial action incurred by the United States, a State, or an Indian tribe; (2) response incurred by any other person; and (3) any health assessment or health effects study. Requires the orphan share of an NPL site to be paid out of the Revolving Fund. (Sec. 109) Makes PRPs or liable parties who fail to perform response actions at NPL sites subject to specified civil action. Requires reimbursement by the Fund of PRPs who perform and pay for response actions at NPL sites. Authorizes liable parties who perform and pay for such actions to recover costs as creditor parties as provided under the binding allocation of responsibility provisions of CERCLA added by this Act. (Sec. 110) Directs the Administrator of the Environmental Protection Agency (EPA) to appoint panels of administrative law judges to perform expedited administrative proceedings, to be known as "binding allocations of responsibility" (BARs), for purposes of determining the liability of PRPs at NPL sites. Provides for the initiation of a BAR by the filing of a petition with the EPA Office of Administrative Law Judges by the Administrator or a State where the site is located. Exempts de micromis parties (parties that a panel determines contributed only 100 pounds or liters of material containing hazardous substances at the facility or such amount as determined by the Administrator) from liability to the United States or to any other person for response actions or for past, present, or future costs incurred at the site. Requires final BARs to be issued within 18 months of the publication of a notice of petition (or 24 months for cases of exceptional complexity). Specifies allocation factors on which assigned shares of liability shall be based. Requires the Administrator to make firm offers of settlement to all de minimis parties (parties that contributed only one percent or less of the total quantity of hazardous substances present at the site). Makes a BAR decision binding as to all past, present, and future liability for response costs and for contributions in civil proceedings. Permits judicial review of final BAR decisions. Sets forth procedures for recovery by creditor parties. Provides for stays of certain pending enforcement actions and private party litigation until a BAR is issued. Authorizes any group of PRPs to submit a private allocation for the NPL site, to be known as a "voluntary binding allocation of responsibility," to the allocation panel. Provides that a BAR shall constitute a permanent determination of the assigned share of a liable party and of the orphan share and, except for specified additions to the orphan share and judicially mandated changes, shall not be subject to any change for at least five years after the date of final decision. Permits a new BAR only if the request demonstrates that due to new information not reasonably available during the first BAR, a 35 percent or greater increase in total waste-in volume has been discovered. (Sec. 111) Exempts qualified redevelopers from liability for costs or damages with respect to hazardous substance releases. (Sec. 112) Extends a current exemption from liability for response action contractors under Federal law to State and local law and expands the activities considered to be response actions. Excludes such contractors from the definition of "owner or operator" for purposes of limiting liability. Provides a limitation on actions against response action contractors. Title II: Funding - Amends the Internal Revenue Code to establish in the Treasury the Hazardous Substance Revolving Fund, consisting of amounts as may be appropriated, credited, or transferred to the Hazardous Substance Superfund and credited or transferred to the Revolving Fund. Provides that amounts in the Revolving Fund shall be available for specified costs of response, enforcement and abatement, property acquisition, local government reimbursement, occupational health and safety and Agency for Toxic Substances and Disease Registry activities, and the BAR process established by this Act.
![Official portrait of Rep. Zeliff, William H., Jr. [R-NH-1]](https://www.congress.gov/img/member/z000004_200.jpg)