United States · United States Congress · 29 June 1995
Amends the Internal Revenue Code to permit the use of the regular depreciation rules for purposes of the alternative minimum tax. Revises provisions relating to credit for prior year minimum tax liability to set forth a special rule for taxpayers with long-term unused credits.
United States · United States Congress · 28 June 1995
TABLE OF CONTENTS: Title I: Amendments to the Securities Laws Title II: Clarification of Antitrust Laws Charitable Giving Protection Act of 1995 - Title I: Amendments to the Securities Laws - Exempts from the jurisdiction of the Investment Company Act of 1940, the Securities Act of 1933, the Securities Exchange Act of 1934, and the Investment Advisers Act of 1940 any security issued by or any interest or participation in any pooled income fund, collective trust fund, collective investment fund, or similar fund deemed not to be an investment company under the Investment Company Act of 1940 (charitable gift annuities). Preempts State law to extend the charitable gift annuities exemption from its jurisdiction over: (1) securities registration or qualification requirements; and (2) any charitable organization regulation. Permits a State to enact a statute that specifically refers to this Act and provides prospectively that it does not preempt its laws. Title II: Clarification of Antitrust Laws - Exempts charitable gift annuities from application of the antitrust laws.
United States · United States Congress · 22 June 1995
Office of Surgeon General Termination Act - Transfers all authorities and personnel of the Office of the Surgeon General of the Public Health Service to the Assistant Secretary for Health of the Department of Health and Human Services. Rescinds all unobligated portions of budget authority allocated for the Office. Terminates the Office and the position of such Surgeon General.
United States · United States Congress · 22 June 1995
Ninth Circuit Court of Appeals Reorganization Act of 1995 - Divides the current U. S. Court of Appeals for the Ninth Circuit into the following two circuits: (1) the Ninth Circuit composed of the States of Arizona, California, Hawaii, Nevada, Guam, and the Northern Mariana Islands, consisting of 19 judges, and holding regular sessions in San Francisco and Los Angeles; and (2) the Twelfth Circuit which contains Alaska, Idaho, Montana, Oregon, and Washington, consisting of seven judges, and holding regular sessions in Portland and Seattle.
United States · United States Congress · 22 June 1995
TABLE OF CONTENTS: Title I: Capital Gains Reform Subtitle A: Capital Gains Deduction for Taxpayers Other Than Corporations Subtitle B: Capital Gains Reduction for Corporations Subtitle C: Capital Loss Deduction Allowed With Respect to Sale or Exchange of Principal Residence Title II: Small Business Venture Capital Stock Capital Formation Act of 1995 - Title I: Capital Gains Reform - Subtitle A: Capital Gains Deduction for Taxpayers Other Than Corporations - Amends the Internal Revenue Code to make, for noncorporate taxpayers, 50 percent of net capital gains deductible from gross income. Allows the deduction in computing adjusted gross income. Subtitle B: Capital Gains Reduction for Corporations - Revises requirements regarding alternative capital gains taxes for corporations. Subtitle C: Capital Loss Deduction Allowed With Respect to Sale or Exchange of Principal Residence - Allows an individual to deduct losses arising from the sale or exchange of the taxpayer's principal residence. Title II: Small Business Venture Capital Stock - Increases from 50 percent to 75 percent the exclusion of any gain from the sale or exchange of qualified small business stock held more than five years and applies the exclusion to corporate as well as noncorporate taxpayers. Removes provisions including, as an item of tax preference, a specified percentage of gains on the sale of certain small business stock. Increases the dollar gross asset limits domestic C corporations must not exceed in order to qualify for the exclusion as small businesses and institutes an inflation adjustment for those limits. Removes provisions relating to a per-issuer limitation on a taxpayer's eligible gain. Modifies: (1) working capital provisions and the definition of "qualified trade or business," both with regard to meeting the active business requirement; and (2) requirements regarding purchases by a corporation of its own stock. Recognizes, if the taxpayer so elects, eligible gain from the sale of qualified small business stock only to the extent that the amount realized exceeds specified factors.
United States · United States Congress · 21 June 1995
Black Revolutionary War Patriots Commemorative Coin Act - Directs the Secretary of the Treasury to mint and issue one-dollar silver coins emblematic of the design selected by the Black Revolutionary War Patriots Foundation for the Black Revolutionary War Patriots Memorial in Washington, D.C. Directs that coin sale surcharges be paid to the Black Revolutionary War Patriots Foundation to establish an endowment to support construction of the Memorial.
United States · United States Congress · 16 June 1995
TABLE OF CONTENTS: Title I: Regulatory Simplification and Voluntary Compliance Title II: Small Business Responsiveness of Covered Agencies Title III: Financial Accountability of Covered Agencies Relating to Fees and Expenses Small Business Regulatory Fairness Act of 1995 - Title I: Regulatory Simplification and Voluntary Compliance - Directs a Federal regulatory agency that is required to prepare a regulatory flexibility analysis for a rule or group of related rules to publish a compliance guide which: (1) contains a summary of the rules and a citation as to their location; (2) provides a notice to small businesses (small entities) of such rules as well as an understandable explanation of actions necessary for compliance; and (3) is updated as required to reflect rule changes. Requires such guides to be disseminated to small entities, as well as to small business development centers. Prohibits any covered agency from bringing an action against a small entity to enforce a rule for which such a guide has not been published and disseminated. (Sec. 103) Requires covered agencies other than the Federal Trade Commission, the Equal Employment Opportunity Commission, and the Consumer Product Safety Commission to determine within 90 days whether to grant or deny a request by a small entity that no action be taken against such entity with respect to the enforcement of a rule (no action request). Allows a small entity to rely on a no action response from a covered agency in any subsequent action brought against the small entity for a rule's enforcement. (Sec. 104) Makes inadmissible as evidence in an action, as well as outside of the bounds of discovery, any information compiled by a small entity in a voluntary self-audit. Provides exceptions. (Sec. 105) Prohibits the imposition of a fine or penalty against a small entity if the entity proves that: (1) a covered agency rule is vague or ambiguous; and (2) the interpretation of the rule by the small entity is reasonable considering such rule and any applicable compliance guide. Title II: Small Business Responsiveness of Covered Agencies - Amends the Small Business Act to direct the Administrator of the Small Business Administration (SBA) to designate in each SBA region a senior SBA employee to serve as the Regional Small Business and Agriculture Ombudsman for such area. Requires the Ombudsman: (1) to solicit and receive comments from small businesses regarding regulatory enforcement activities of covered agencies; (2) based on such comments, to annually publish a small business responsiveness rating to each covered agency; (3) to publish periodic reports compiling the comments received; (4) to coordinate the activities of the Small Business Regulatory Fairness Board established under this title; and (5) to establish a toll-free telephone number to receive comments from small businesses. (Sec. 202) Directs the SBA Administrator to establish in each region a Small Business Regulatory Fairness Board to: (1) advise the Ombudsman on matters of concern to small businesses with respect to the regulatory enforcement activities of covered agencies; (2) conduct investigations of, and issue advisory findings and recommendations concerning, such enforcement activities; (3) review and approve the responsiveness ratings promulgated by the Ombudsman; and (4) prepare written opinions regarding the reasonableness and understanding of rules issued by covered agencies. (Sec. 203) Amends the Act to direct small business development centers to provide specified assistance to, and develop publications and programs for, small businesses with respect to regulatory requirements of covered agencies and compliance guides. Title III: Financial Accountability of Covered Agencies Relating to Fees and Expenses - Directs a covered agency to award fees, costs, and other expenses to a prevailing small entity in an adversary proceeding that raises a successful defense to a regulatory enforcement action or that receives a corrective action or penalty which is less burdensome than that sought or demanded by the covered agency. Limits the rate of payment of attorney's fees to no more than $150 per hour. Waives the payment of such fees, costs, and expenses only in limited special circumstances. Prohibits covered agencies from increasing fees regularly charged for services in order to cover fees, costs, and other expenses required to be paid to a prevailing small entity.
United States · United States Congress · 15 June 1995
Federal Aviation Administration Reform Act of 1995 - Removes the Federal Aviation Administration (FAA) from the Department of Transportation and re-establishes it as an independent Federal agency. Declares that the Administration shall be administered by an Administrator, who shall be appointed by the President to a seven-year term, by and with the advice and consent of the Senate. Amends Federal transportation law to revise FAA provisions to reflect the establishment of the new FAA. Establishes within the FAA the Civil Aeromedical Institute to conduct aeromedical research. Authorizes appropriations. Transfers to the new FAA all functions of the old FAA of the Department of Transportation and of the Secretary of Transportation which are administered through the old FAA. Establishes the Federal Aviation Management Advisory Committee to provide advice and counsel to the Administrator on issues which affect or are affected by the FAA operations. Directs the Administrator to establish a select panel to review and report to the Congress regarding innovative financing mechanisms for ensuring adequate funding for existing and future aviation infrastructure needs. Authorizes the Administrator to accept transfers of available funds from other Federal agencies to carry out functions transferred by this Act to the Administrator or functions assigned by law to the Administrator on or after enactment of this Act. Directs the Administrator to conduct pilot programs which utilize a trial: (1) acquisition management system to procure goods and services by the Administration; and (2) personnel management system for the management, compensation, and advancement of its employees. Requires the Administrator, upon the development of such systems, to submit a comprehensive plan describing them to the Congress. Terminates such systems effective October 1, 2002. Directs the Management Advisory Panel to submit an evaluation and report to the Administrator and to the Congress on the results of the pilot programs in acquisition and personnel reform.
United States · United States Congress · 14 June 1995
Declares that it is the sense of the Senate that: (1) the United Nations Convention on the Rights of the Child is incompatible with the God-given right and responsibility of parents to raise their children; (2) the Convention has the potential to severely restrict States and the Federal Government in their efforts to protect children and enhance family life; (3) the U.S. Constitution is the ultimate guarantor of rights and privileges to every American, including children; and (4) the President should not sign and transmit the Convention to the Senate.
United States · United States Congress · 9 June 1995
Amends the National Forest Ski Area Permit Act of 1986 to establish a National Forest System ski area permit fee formula. Withdraws ski areas from the operation of mining and mineral leasing laws.
United States · United States Congress · 8 June 1995
Small Business Lending Enhancement Act of 1995 - Amends the Small Business Act to reduce the level of participation by the Small Business Administration (SBA) in loans guaranteed under the Act on a deferred basis to: (1) 75 percent of the outstanding balance, if the balance exceeds $100,000; and (2) 80 percent of such balance, for balances less than or equal to $100,000. Allows such percentages to be reduced upon request of the participating lender. Prohibits the SBA from using the percentage requested as a criterion for establishing priorities in approving guarantee requests. Limits the maximum interest rate under the Preferred Lenders Program to that charged for other loan guarantees under the Act. Increases the loan guarantee fees authorized to be charged by the SBA on all guaranteed loans payable over a period in excess of one year. Repeals provisions allowing participating lenders providing loans of less than $75,000 to retain a portion of the loan guarantee fee charged by the SBA. Directs the SBA to assess and collect an annual fee, to be payable by the participating lender, in an aggregate amount of no more than 0.4 percent of the outstanding balance of the deferred participation share of the loan.
United States · United States Congress · 26 May 1995
National Family Enterprise Preservation Act of 1995 - Amends the Internal Revenue Code to increase the unified estate and gift tax credit by creating: (1) an additional estate tax credit measured by the value of inherited family enterprise property (up to $121,800); (2) an additional gift tax credit equal to the value of gifts of family enterprise property (up to $121,800) minus the sum value of such tax credits for preceding calendar periods; and (3) an additional gift tax exclusion equal to the value of gifts of family enterprise property (up to $10,000). Includes in a decedent's estate the value of family enterprise property, reduced by 50 percent or by $1 million, whichever is less. Defines family enterprise property as an interest in real or personal property used for farming, business, or any other trade that is at least 80 percent owned by either: (1) five or fewer individuals who have not formed a limited partnership; or (2) members of the same family. Imposes an additional estate tax on a taxpayer who: (1) inherits family enterprise property; (2) qualifies for an estate tax credit; and (3) disposes of that property within ten years of the decedent's death, and before the death of another individual with an interest in the property. Defines the additional estate tax as past estate tax liability attributable to the taxpayer for interest in the family enterprise property (for which he received an estate tax credit) reduced by five percent for every year after the decedent's death that the taxpayer participated in the management of the family enterprise property. Increases from $750,000 to $1 million the amount of aggregate reduction permitted in the fair market value of certain farm, etc. real property taken into account for determining the gross estate.
United States · United States Congress · 25 May 1995
Ninth Circuit Court of Appeals Reorganization Act of 1995 - Divides the current U. S. Court of Appeals for the Ninth Circuit into the following two circuits: (1) the Ninth Circuit composed of the States of Arizona, California, Hawaii, Nevada, Guam, and the Northern Mariana Islands, consisting of 19 judges, and holding regular sessions in San Francisco and Los Angeles; and (2) the Twelfth Circuit which contains Alaska, Idaho, Montana, Oregon, and Washington, consisting of seven judges, and holding regular sessions in Portland and Seattle.
United States · United States Congress · 25 May 1995
TABLE OF CONTENTS: Title I: Management of Grazing on Federal Land Subtitle A: General Provisions Subtitle B: Qualifications and Grazing Preferences Subtitle C: Grazing Management Subtitle D: Authorization of Grazing Use Subtitle E: Civil Violations and Failures of Compliance Subtitle F: Unauthorized Grazing Use Subtitle G: Procedure Subtitle H: Advisory Committees Subtitle I: Reports Title II: Grassland Livestock Grazing Act - Title I: Management of Grazing on Federal Land - Subtitle A: General Provisions - Sets forth findings, objectives, and definitions. States that land use plans shall manage livestock grazing under the principle of multiple use and sustained yield. Subtitle B: Qualifications and Grazing Preferences - Sets forth: (1) mandatory qualifications for grazing use on Federal land; (2) grazing preferences (base property and specifying grazing preference); and (3) allocations resulting from changes in Federal land acreage. Subtitle C: Grazing Management - Requires the creation of allotment management plans and sets forth required plan contents. (Sec. 122) Authorizes Secretary of the Interior-lessees range improvement cooperative agreements. (Sec. 123) States that no water rights shall be acquired or transferred in connection with livestock grazing management unless authorized by State law. Subtitle D: Authorization of Grazing Use - Requires grazing applications to be filed at local Bureau of Land Management offices. Specifies permit and lease terms and conditions. (Sec. 135) Sets forth livestock ownership and identification provisions. (Sec. 137) Establishes a grazing fee based upon the gross value of livestock production. Subtitle E: Civil Violations and Failures of Compliance - Sets forth civil sanctions for specified acts of noncompliance. Subtitle F: Unauthorized Grazing Use - Specifies damages for unauthorized grazing use, including livestock impoundment and sale. Subtitle G: Procedure - Sets forth specified grazing permit or lease procedures. Subtitle H: Advisory Committees - Directs the Secretary to establish: (1) grazing use advisory committees; and (2) resource advisory councils and grazing advisory councils for each grazing district. Subtitle I: Reports - Directs the Secretary to report annually to the Congress regarding grazing revenues, costs, and rangeland management. Title II: Grassland - Amends the Forest and Rangeland Renewable Resources Planning Act of 1974 to remove National Grasslands and land utilization projects from National Forest System management. Amends the Bankhead-Jones Farm Tenant Act to provide for a program of land conservation and utilization to accomplish livestock grazing purposes.
United States · United States Congress · 19 May 1995
Semiconductor Investment Act of 1995 - Amends the Internal Revenue Code to make the depreciable life of semiconductor manufacturing equipment three years for purposes of application of the accelerated cost recovery system.
United States · United States Congress · 19 May 1995
TABLE OF CONTENTS: Title I: Welfare Spending Cap and Block Grants Subtitle A: Capping the Aggregate Growth of Welfare Spending Subtitle B: Welfare Block Grant Program Title II: Work Program-Related Requirements on States in Expending Certain Block Grant Funds Subtitle A: Workfare and Dependency Reduction Program Subtitle B: Work Requirement for Food Stamp Equivalent Households Subtitle C: Evaluation of Training Programs Title III: Promoting Families Subtitle A: Eligibility for Certain Welfare Block Grant Funds Subtitle B: Additional Earned Income Tax Credit for Married Individuals Subtitle C: Expansion of Abstinence Education Title IV: Recommendations Title V: Child Support Enforcement Title VI: Miscellaneous Provisions Title VII: Severability and Effective Date Real Welfare Reform Act of 1995 - Title I: Welfare Spending Cap and Block Grants - Subtitle A: Capping the Aggregate Growth of Welfare Spending - Places a cap on the growth of Federal spending on certain welfare programs, including the welfare block grant program established below and the head start program, starting in FY 1996, with the resulting savings used for deficit reduction. Subtitle B: Welfare Block Grant Program - Replaces various specified current welfare programs, including the cash aid component of the Aid to Families with Dependent Children (AFDC) program, child welfare and nutrition programs, the food stamp and supplemental security income programs, and housing, energy, and job training programs, with a single program of block grants to the States to provide: (1) aid to low-income households in the State, with food assistance provided, at the strong encouragement of the Congress, through food commodities directly purchased by the State, while providing for the Medicaid-eligibility of low-income individuals; (2) appropriate services and activities to discourage out-of-wedlock pregnancies; and (3) care for the children of such pregnancies. Sets forth special rules and reporting requirements regarding the use of program funds, including a prohibition on their use for abortion to plan families and aid to noncitizen and fugitive felons and probation or parole violators. Authorizes appropriations. Title II: Work Program-Related Requirements on States in Expending Certain Block Grant Funds - Subtitle A: Workfare and Dependency Reduction Program - Requires that if a State uses grant funds received above to provide direct cash or food assistance to certain populations of AFDC families and dependent children, it must establish and operate a program to reduce welfare dependence and ensure that welfare recipients participate, according to specified guidelines and participation requirements, in State community work service or wage subsidy programs, nonsubsidized private sector employment, or supervised job search activities and, at the State's option, in educational or job skills training as well, with single- adult families with young children generally not required to participate in such program except under certain circumstances. Authorizes appropriations. (Sec. 215) Amends the Internal Revenue Code (IRC) to provide for a special rule with respect to certain employers under the wage subsidy program relating to employee earned income eligibility certificates. (Sec. 216) Provides for penalties for parents who fail to participate in State community work service programs. (Sec. 217) Eliminates work requirements above for groups which no longer receive benefits. Subtitle B: Work Requirement for Food Stamp Equivalent Households - Provides that if a State uses grant funds received above to provide direct food assistance to a population of food stamp equivalent households, the State shall require members of such a population to perform successfully at least 32 hours of work per month on behalf of a State or political subdivision through a program it establishes prior to the furnishing of direct food assistance for such month. Establishes certain exemptions from such requirement, such as in the case of a parent residing with a dependent child under age 18 or in the case of a member who is under age 18 or is mentally or physically unfit. (Sec. 222) Provides for similar elimination of work requirements for specified groups under this subtitle no longer receiving food benefits. Subtitle C: Evaluation of Training Programs - Requires States using grant funds to assist low-income households to conduct ongoing evaluations of job training programs to determine whether such programs raise the hourly wage rates of individuals receiving training through such programs. Title III: Promoting Families - Expresses the sense of the Congress with regard to the importance of marriage in society and the negative consequences of out-of-wedlock births, making the reduction of such births an important government interest. Subtitle A: Eligibility for Certain Welfare Block Grant Funds - Denies certain welfare assistance to certain young unwed parents and their children, including assistance to additional children of recipients. (Sec. 313) Ties a family's receipt of assistance to the establishment of paternity for each of their children born on or after January 1, 1995, with certain exceptions. Subtitle B: Additional Earned Income Tax Credit for Married Individuals - Amends the IRC to establish additional earned income tax credit for married individuals. Subtitle C: Expansion of Abstinence Education - Directs the Secretary of Health and Human Services to make grants to States and public and private entities for promoting sexual abstinence. Authorizes appropriations. Title IV: Recommendations - Recommends that a State providing direct cash assistance from welfare block grant funds to: (1) custodial parents under age 19 without a high school education who belong to an AFDC equivalent family must require them to participate in an educational activity and, at the State's option, may require them to participate in training or work activities in lieu of such educational activities under certain conditions; (2) an AFDC equivalent family without any children under age five with sufficient liquid assets to meet its basic needs for a one-month period beginning when it applies for such assistance must not provide it with such assistance until any member aged 18 has conducted appropriate job search activities for such period; (3) an AFDC equivalent family not described above without any children under age five must require a member aged 18 to conduct similar activities during the first one month period in which it receives aid; and (4) an AFDC equivalent family must reduce by a certain amount monthly assistance payments to any family in a subsidized housing unit in the State. (Sec. 403) Recommends that a State providing direct cash assistance from welfare block grant funds to an AFDC equivalent family, in determining eligibility for such assistance, consider as income of the applicant family, any rent or housing subsidy provided by the State, to the extent that the value of such subsidy is equivalent to the amount for housing included in the maximum amount payable to a family of the same composition with no other income. Title V: Child Support Enforcement - Establishes a national system for reporting information on employee child support obligations through modified W-4 form reporting. (Sec. 502) Provides for: (1) child support order registries maintained by designated State agencies of each child support order being enforced in the State; (2) accessibility of State locate information to other States and private parties; (3) expansion of the Federal Parent Locator Service (FPLS); (4) an Interstate Locate Network linking FPLS and all State databases relating to child support enforcement for State use in handling locate requests; (5) Federal regulations governing the sharing of locate information among States, within States, and between the States and FPLS; and (6) State systems for collecting child support through employer withholding of employee income owed for child support pursuant to a uniform withholding order for distribution to the individual or State to whom the withheld income is to be paid. (Sec. 506) Makes various specified changes with regard to paternity establishment, including allowing simple civil consent procedures for voluntary acknowledgement of parentage by unmarried parents. (Sec. 507) Prohibits the imposition of any fee for child support collection or paternity establishment services provided with respect to an individual denied low-income housing aid as a result of this Act. Title VI: Miscellaneous Provisions - Repeals the Davis-Bacon Act (which requires Federal contractors to pay prevailing wages). (Sec. 601) Requires the Director of the Office of Management and Budget (OMB), upon enactment of this title, to make downward adjustments in discretionary spending limits under the Congressional Budget Act of 1974 (CBA) for FY 1996 through 2000 by the amount of discretionary savings attributable to each such fiscal year resulting from enactment. Reduces allocations in effect under CBA for FY 1996 for House and Senate appropriations committees by the amount of discretionary savings in outlays and budget authority determined above. Provides for appropriations committee suballocations for such fiscal year to reflect the lower allocations provided by this paragraph. (Sec. 602) Makes fugitive felons and probation and parole violators ineligible for Medicaid benefits and provides for the exchange of Medicaid locate information with Federal, State, and local law enforcement officers. (Sec. 603) Restricts judicial and administrative review of this Act and any laws or regulations enacted or promulgated thereunder as a result of challenges by certain legal services providers. (Sec. 604) Amends the Child Nutrition Act of 1966 to: (1) tie its definition of "poverty line" to OMB's official poverty line revised annually under the Community Services Block Grant Act that is applicable to a particular family; (2) authorize State agencies electing to provide supplemental foods to women, infants, and children (WIC) program participants in the form of commodities rather than vouchers to use any resulting savings for certain low-income assistance; and (3) require the Secretary of Agriculture to ensure that the amount of WIC funds allocated to a State agency is not reduced because it makes such an election. Title VII: Severability and Effective Date - Sets forth severability provisions and the effective date of this Act.
United States · United States Congress · 18 May 1995
Vietnam POW/MIA Full Disclosure Act of 1995 - Prohibits the usage of Federal funds to establish most-favored-nation trading status or to establish or maintain diplomatic relations with the Socialist Republic of Vietnam unless the President: (1) provides a listing of the Americans unaccounted for from the Vietnam War about whom Vietnam is most likely to be able to provide remains or additional information; (2) certifies that Vietnam is cooperating fully with regard to recovery and repatriation of American remains, resolution of discrepancies, live-sightings and field activities, implementation of trilateral investigations with the Lao, and provision of documents on POW/MIAs; and (3) certifies that Vietnam is being fully forthcoming in providing access to Central Committee-level records pertaining to Americans captured or held during the war in Vietnam, Laos, and Cambodia.
United States · United States Congress · 11 May 1995
Minor Use Crop Protection Act of 1995 - Amends the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) to define "minor use" as the use of a pesticide on an animal or commercial agricultural crop or site or for public health protection where: (1) the total U.S. acreage for the crop is fewer than 300,000 acres; or (2) the Administrator of the Environmental Protection Agency determines that the use does not provide sufficient economic incentive to support the initial or continuing registration of a pesticide for such use and there are insufficient alternatives available for the use, any one of the alternatives poses greater environmental or health risks, or the pesticide plays or will play a significant part in managing pest resistance or in an integrated pest management program. Extends the period of exclusive data use for data submitted to support original registration applications for pesticides for an additional year for each three minor uses registered after this Act's enactment and before the expiration of the period of exclusive use, up to a total of three additional years for all minor uses registered by the Administrator if the Administrator determines that: (1) there are insufficient alternatives available for the use or any one of the alternatives poses greater environmental or health risks; or (2) the pesticide plays or will play a significant part in managing pest resistance or in an integrated pest management program. Requires the Administrator, upon the request of a registrant, to extend the deadline for the production of residue chemistry data required solely to support a minor use subject to specified conditions. Applies the same extension conditions to data for reregistrations. Authorizes the Administrator to modify or revoke such extensions if the use may cause unreasonable adverse environmental effects. Permits the Administrator, in handling the registration of a pesticide for a minor use, to waive applicable data requirements if the absence of data will not prevent the Administrator from determining the risk presented by the pesticide and that the risk would not have an adverse environmental effect. Provides for expedited review (within one year of submission) of applications to support minor use pesticide registrations. Provides a procedure for meeting data requirements where a registrant has voluntarily cancelled a registration and another application is pending for registration of a pesticide that is for a minor use and is identical or substantially similar to, or for an identical or substantially similar use as, the cancelled pesticide. Directs the Administrator to establish a minor use program. Directs the Secretary of Agriculture to establish a Department of Agriculture minor use program and a separate matching fund program. Requires the matching fund program to be utilized to ensure the continued availability of minor use crop protection chemicals. Authorizes appropriations.
United States · United States Congress · 11 May 1995
National Education Technology Funding Corporation Act of 1995 - Recognizes the National Education Technology Funding Corporation as a nonprofit corporation independent of the Federal Government and operating under the laws of the District of Columbia. Authorizes Federal departments and agencies to provide assistance to such Corporation to carry out specified corporate purposes. Requires audits of the Corporation by independent certified public accountants and by the Comptroller General, and authorizes such audits by the Inspector General of the Department of Commerce.
United States · United States Congress · 10 May 1995
Hazardous Materials Regulatory Relief Act of 1995 - Directs the Secretary of Transportation to exclude from any regulation pertaining to the maintenance, reconditioning, repair, inspection, or testing of packages, or any other function having an effect on the continuing qualification and use of packaging , any cargo tank vehicle of 3500 gallons or less used to transport petroleum products in intrastate or interstate transportation within 100 air miles of the principal place of business of the owner or lessee of the vehicle.
United States · United States Congress · 10 May 1995
Amends the Federal Aviation Administration Authorization Act of 1994 to delay the effective date of trucking deregulation from January 1, 1995, to one year after the enactment of such Act.
United States · United States Congress · 9 May 1995
Animal Drug Availability Act of 1995 - Amends Federal Food, Drug, and Cosmetic Act provisions relating to new animal drugs to redefine "substantial evidence" to mean evidence from one or more scientifically sound studies including, as appropriate, in vitro studies, studies in laboratory animals, bioequivalence studies, tissue residue studies, and any studies voluntarily undertaken by or for the applicant that provide some assurance that the drug will have the intended effect. Excludes a claim for the use of a drug in a minor species or a minor use of a drug from disapproval, if there is an application filed for the drug which is approved prior to the submission of the claim. Directs the Secretary of Health and Human Services to consider the following issues when a new animal drug contains more than one active ingredient, or the labeling of the drug suggests use of the drug in combination with another animal drug: (1) whether any active ingredient or any combination of drugs alters the safe concentration of another of the active ingredients or drugs in the combination; (2) whether each of the active ingredients or drugs in the combination have been shown to contribute to the same intended effect; and (3) whether each of the active ingredients or drugs in the combination has an identified target population for which dosing with the active ingredients or combination represents appropriate concurrent therapy. Requires the Secretary to issue proposed regulations implementing the provisions of this section which: (1) further define "substantial evidence"; (2) take into account the proposals contained in the citizen petition submitted by the American Veterinary Association and the Animal Health Institute; (3) provide for a conference to make a decision establishing a submission or an investigational requirement; and (4) define the kinds of evidence an applicant may use to establish the contribution of each active ingredient and to establish the appropriateness of concurrent therapy in a new animal drug, or new animal drug used in combination with another drug. (Sec. 4) Requires the Secretary to approve or disapprove the application within 90 (currently 180) days of receipt of the application. (Sec. 5) Requires: (1) the Secretary to refer disputed issues received in writing from an applicant to an advisory committee or to a special Government employee; and (2) the committee or employee to submit a report containing recommendations regarding the matter. (Sec. 6) Requires the Secretary to refuse approval of an application if information submitted with respect to the drug indicates that any use suggested in labeling proposed for that drug will result in a unsafe amount of residue. (Sec. 7) Permits the export of an unsafe (as defined in the Act) new animal drug, if it is not in conflict with the laws of the country to which it is exported. (Currently, such export is prohibited.)
United States · United States Congress · 9 May 1995
Jerusalem Embassy Relocation Implementation Act of 1995 - Declares it is U.S. policy that: (1) Jerusalem should be recognized as the capital of the State of Israel; and (2) construction of the U.S. Embassy in Jerusalem should begin no later than December 31, 1996, and officially open no later than May 31, 1999. States that not more than 50 percent of the funds appropriated for FY 1997 and 1999 to the Department of State for "Acquisition and Maintenance of Buildings Abroad" may be obligated in the respective fiscal year until the Secretary of State determines, and reports to the Congress, that (for FY 1997) such construction has begun and that (for FY 1999) the Embassy has opened. Limits the availability of specified amounts of such funds in certain fiscal years until they are expended for: (1) costs associated with relocating the U.S. Embassy to Jerusalem; and (2) the costs for its construction. Requires the Secretary of State to report to the Speaker of the House of Representatives and the Committee on Foreign Relations of the Senate on: (1) the Department of State's plan to implement this Act; and (2) progress made toward opening the U.S. Embassy in Jerusalem.
United States · United States Congress · 9 May 1995
TABLE OF CONTENTS: Title I: Ensuring the Integrity of the Listing and Critical Habitat Designation Processes Title II: Broadening the Recovery Plan to Constitute a Conservation Plan and Making the Conservation Plan Central to the Implementation of the Endangered Species Act of 1973 Title III: Improving the Consultation and Conferencing Processes for Federal Agency Actions Title IV: Ensuring that the Compliance Procedures and Standards for Non-Federal Persons are not More Burdensome than the Procedures and Standards Applicable to Federal Agencies Title V: Providing for Habitat Conservation Incentive Programs Title VI: Other Amendments Making the Endangered Species Act of 1973 More Effective and Less Burdensome Title VII: Authorizing Increased Appropriations Endangered Species Act Reform Act of 1995 - Title I: Ensuring the Integrity of the Listing and Critical Habitat Designation Processes - Amends the Endangered Species Act of 1973 (the Act) to direct the Secretary of the Interior, upon publication of notice of a proposed rulemaking for an action for the determination of an endangered or threatened species status, to provide notice of the right of any interested person to seek peer review of such action. Provides for review and publication of results after such request. (Sec. 102) Directs the Secretary to determine whether a species is endangered or threatened due to the inadequacy of any existing Federal, State, local governmental, and international regulatory mechanisms. (Sec. 103) Requires the Secretary to: (1) make such determinations based on the best reasonably obtainable scientific information; (2) identify and publish in the Federal Register a description of the extent of the use of scientific information in making the appropriate regulation; (3) provide an opportunity for public review and comment on the scientific information used; and (4) require States to adopt the reasonably obtainable scientific information standard when the Secretary enters into cooperative agreements with such States to establish and maintain an adequate and active program for the conservation of endangered and threatened plant species. (Sec. 104) Increases the number of public hearings required with respect to the listing of an endangered or threatened species. Directs the Secretary to consider in such a determination the existence of public or private breeding or hatchery programs for a species. Requires all findings (currently, limited) with respect to a petitioned action to review a determination to be subject to judicial review. (Sec. 107) Changes the standard which allows the Secretary to make an emergency regulation with respect to a species from the presence of conditions imposing a significant risk to the well-being of such species to conditions providing an imminent threat to the existence of such species. Title II: Broadening the Recovery Plan to Constitute a Conservation Plan and Making the Conservation Plan Central to the Implementation of the Endangered Species Act of 1973 - Directs the Secretary, upon a determination that a species is endangered or threatened, to: (1) issue appropriate incidental taking permits; (2) enter into appropriate Federal-State cooperative management agreements with respect to such species; or (3) commence the development of a conservation objective as established under this section. Directs the Secretary to publish a conservation objective for an affected species within 30 days after the issuance of an assessment and planning team report concerning biological, economical, and intergovernmental assessments of the consequences of listing a species as endangered or threatened. Directs the Secretary, after considering such report, to publish a conservation objective, a statement as to whether such objective was established, and a determination of whether to prepare a conservation plan for that species. Provides, with respect to any conservation plan determined necessary by the Secretary, for: (1) a time schedule; (2) plan priorities; (3) alternative strategies to achieve the conservation objective; (4) procedures (consultation, publication and public comment, and hearings); (5) publication of a final conservation plan; and (6) participation by appropriate persons in the development, implementation, and revision of conservation plans. Authorizes the Secretary to designate critical habitats, requiring the best reasonably obtainable scientific information to be used in such designation, and requiring any economic impacts to be considered. Provides instances under which the actions of a Federal agency shall be determined to be consistent with a conservation plan or objective established under this Act. Provides transition provisions for the period before which a conservation objective or plan is established or implemented. Authorizes the suspension of a conservation plan or objective in certain circumstances. Requires the Secretary to report to specified congressional committees on plan or objective implementation and to review and revise such plans or objectives. (Sec. 202) Provides transitional provisions with respect to: (1) expedited conservation plan issuance; (2) existing species recovery plans; and (3) the review and reissuance of biological opinions in conjunction with the issuance of a conservation objective or plan. (Sec. 203) Makes technical and conforming amendments to the Act in order to include conservation objectives and plans with respect to endangered or threatened species, as well as critical habitat designations, within the central focus of management under the Act. Title III: Improving the Consultation and Conferencing Processes for Federal Agency Actions - Requires consultation and conferencing standards between appropriate Federal agencies and the affected States to include an assurance by the Federal agency that a proposed action will not destroy or adversely modify any habitat designated as critical in a manner that is likely to jeopardize the continued existence of the species. Exempts certain actions of the Secretary from the consultation and conferencing requirements. Specifies those agency actions that shall not be considered takings for purposes of a listed species. (Sec. 303) Provides consultation conclusion deadlines. (Currently, such consultation is permitted for 90 days or any period of time mutually agreed upon by the Secretary and the Federal agency.) (Sec. 304) Entitles a permit or license applicant for the taking of a species on an endangered or threatened list to participate fully in any consultation or conferencing required between the Secretary and the Federal agency with respect to such application. (Sec. 305) Provides that if the Secretary determines that a proposed agency action is likely to jeopardize the continued existence of the species, the Secretary shall suggest reasonable and prudent alternatives that impose the least social and economic costs. (Sec. 306) Outlines procedural requirements when the listing or determination related to a species requires consultation on a land use plan or land or resource management plan under specified Federal laws. (Sec. 307) Requires use of the best reasonably obtained scientific information when determining reasonable and prudent alternatives to proposed agency action with respect to an endangered or threatened species. Authorizes a Federal agency to request the President to resolve irreconcilable conflicts between agency actions and other duties assigned to such agency. (Sec. 308) Prohibits the Secretary and the head of any Federal agency, in carrying out actions with respect to endangered or threatened species, from requiring, providing for, or recommending the imposition of any restriction or obligation on the activity of a person that is not otherwise subject to regulation by such agency. (Sec. 309) Requires specified endangered species risk assessment and cost-benefit analyses to be included in the consultation process. (Sec. 310) Terminates the Endangered Species Committee. Authorizes the Secretary and the President to grant exemptions from the Act for national security or major disaster reasons. Title IV: Ensuring That the Compliance Procedures and Standards for Non-Federal Persons Are Not More Burdensome Than the Procedures and Standards Applicable to Federal Agencies - Establishes consultation procedures between the Secretary and non-Federal persons with respect to a determination of consistency with an established conservation plan or objective, including the issuance of a permit when the Secretary determines that the person's activity is not likely to jeopardize the continued existence of the species or when the person has accepted a reasonable and prudent alternative to such activity. Provides for: (1) permit revocation for noncompliance; and (2) permits for incidental takings. (Sec. 402) Defines the "taking" and "harming" of a species for purposes of the Act. (Sec. 403) Excludes specified takings by non-Federal persons from current prohibitions against takings under the Act. (Sec. 404) Authorizes the Secretary, under specified circumstances including notice and opportunity for public hearing, to issue a general permit on a county, parish, State, regional, or nationwide basis for any category of activities that may affect a species that is included on an endangered or threatened list. Limits to five years the duration of such a permit and authorizes the Secretary to revoke or modify the permit upon a determination of greater than minimal impact on the species in question. (Sec. 405) Provides that, with respect to permits issued by the Secretary to non-Federal persons under the Act: (1) the Secretary may not require the applicant to expand the application to include land or water rights not owned by the applicant or to address a species other than the species for which the application is made; (2) no additional measures will be required of a permittee who is already in compliance with the permit, unless extraordinary circumstances are present (with burden of proof upon the Secretary); (3) the Secretary shall pay 50 percent of the costs of implementing the terms and conditions of the permit; (4) the Secretary may issue interim (temporary) permits; and (5) the Secretary may assist such person in the development of a multiple species non-Federal conservation plan for the conservation of more than one endangered or threatened species. (Sec. 406) Authorizes the Secretary and the Secretary of Agriculture to encourage exchanges of land, waters, or related interests other than national park or wilderness units in order to protect habitat on non-Federal lands. Title V: Providing for Habitat Conservation Incentive Programs - Authorizes the Secretary to enter into cooperative agreements with a State or group of States, a political subdivision of a State, or a local government for the administration and management of each area identified as a species' habitat. Provides, with respect to such agreements, for: (1) notification to affected parties; (2) species assessment; (3) submission, notification, and approval of, and public comments with respect to, such agreements; (4) critical habitat designation; (5) procedures for agreement violations; and (6) a Federal cost-sharing requirement of 50 percent of the costs of implementation. (Sec. 502) Provides grants to non-Federal persons for the habitat preservation of endangered or threatened species. Title VI: Other Amendments Making the Endangered Species Act of 1973 More Effective and Less Burdensome - Provides additional requirements to be followed during the release of experimental populations (the release of a species outside of its current range), including that such releases take place only in units of the National Park or National Wildlife Refuge System. (Sec. 602) Directs the Secretary to recognize and authorizes the Secretary to utilize captive propagation to protect or conserve an endangered or threatened species. Authorizes the Secretary to provide annual grants to non-Federal persons for such purposes. (Sec. 604) Provides priority in the issuance of permits for those whose purpose is to conduct research on alternative methods and technologies for reducing the incidental taking of an endangered or threatened species. (Sec. 605) Authorizes the Secretary or the Secretary of the Treasury to pay costs incurred by a person in providing temporary care for any endangered or threatened species. (Sec. 606) Directs the Secretary to provide notice through the Federal Register and appropriate local publications of any hearing or other public meeting required under provisions of the Act. (Sec. 607) Directs the Secretary, in carrying out specified provisions of the Act, to ensure the minimization of the Act's impact on the use and value of private property. Protects the right of private property owners to receive compensation from the Government for the lost use or value of property caused by requirements of the Act. States that certain provisions of the Act do not apply to: (1) privately owned property of five contiguous acres or less, unless activity there presents an imminent threat to the existence of an endangered or threatened species; and (2) other property undertaking activities determined by the Secretary to be unlikely to jeopardize the continued existence of a species. Authorizes the institution of private actions to remedy economic injury caused by provisions of the Act. (Sec. 608) Requires any water rights acquired or used by any party under the Act to be exercised in accordance with the law in the State in which the water will be used. (Sec. 609) Directs the Secretary to pay 50 percent of the costs in excess of $10 million incurred by a non-Federal person or Federal power marketing administration resulting from compliance with any provision of a conservation plan under the Act. Authorizes the Secretary to pay a Federal share of costs less than or equal to $10 million. Directs the Secretary to pay 50 percent of the allowed costs incurred by such parties resulting from consultation requirements under the Act. (Sec. 610) Authorizes the public display or exhibition of living wildlife in order to educate the public about the ecological role and conservation needs of the affected species. Authorizes the issuance of educational permits for such persons. Defines captive-bred wildlife for purposes of the Federal captive-bred wildlife registration system. Title VII: Authorizing Increased Appropriations - Authorizes appropriations for the Act for FY 1996 through 2001. Authorizes appropriations to the Department of the Interior for such fiscal years for: (1) cooperative management agreements; (2) convention implementation; (3) non-Federal conservation planning; and (4) habitat reserve grants.
United States · United States Congress · 3 May 1995
Directs the Secretary of the Interior, acting through the Director of the National Park Service, to: (1) perform a blood test of each bison in the herd inhabiting Yellowstone National Park for brucellosis; (2) vaccinate and restrain under quarantine restrictions each bison that tests negative for brucellosis in accordance with a protocol established under Idaho, Montana, and Wyoming law, to prevent transmission of brucellosis to susceptible animals; (3) slaughter or neuter each bison that tests positive for brucellosis, each bison that cannot be tested, and each bison that tests negative but cannot be restrained under quarantine restriction and make the carcass or neutered bison available for use by Indian tribes and other suitable recipients; (4) engage the services of a team of independent range scientists to determine the optimum population of bison that the land available for the herd in the Park is capable of sustaining; (5) identify locations outside the Park that would be suitable for sustaining herds of bison created from any excess number of bison in the Park's herd that are certified as being free of brucellosis; and (6) after brucellosis has been eradicated, continue to reduce the population of the Park's herd to a number that is approximately 500 below the optimum population by transferring the excess number of bison to locations identified in this Act. Requires the Secretary, after December 31, 1998, to ensure that the number of bison in the Park's herd does not exceed the optimum population determined under this Act.
United States · United States Congress · 3 May 1995
Authorizes contributions toward cooperative work in forest investigations or protection, management, and improvement of the National Forest System to be covered into a special Treasury fund and paid for such purposes and for refunds of amounts paid in excess of a contributor's share of the cost. Authorizes payment for such purposes to be made from any Forest Service appropriation that is available for similar work if a written agreement so provides and reimbursement will be provided by a cooperator in the same fiscal year as the expenditure by the Service. Requires a reimbursement received from a cooperator that covers his or her proportionate share of the cost of the work to be deposited to the credit of the Service's appropriation from which the payment was initially made or, if the appropriation is no longer available, to the credit of the Service's appropriation that is available for similar work. Requires the Secretary of Agriculture to establish: (1) criteria to determine whether the acceptance of contributions under this Act would adversely affect the ability of a Department of Agriculture officer or employee to carry out his or her duty or program in a fair and objective manner; and (2) written rules that protect the Service's interests in cooperative work agreements.
United States · United States Congress · 1 May 1995
Helium Act of 1995 - 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. (Sec. 4) 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. States that such sales shall be in amounts as determined by the Secretary, in consultation with the helium industry, to cause minimum market disruption. Mandates that proceeds from helium sales be paid to the Treasury. (Sec. 5) Instructs the Secretary to: (1) review annually known domestic helium reserves; and (2) eliminate helium stockpiles by a prescribed deadline. (Sec. 6) Repeals the Secretary's authority to borrow under the Helium Act.
United States · United States Congress · 24 April 1995
Condemns the bombing at the Alfred P. Murrah Federal Building in Oklahoma City, Oklahoma. Sends condolences to the families. Commends rescue and volunteer workers, law enforcement officials, and the President. Urges the President to use all necessary means to find and punish the perpetrators. Supports the President's and Attorney General's position that Federal prosecutors will seek the maximum penalty allowed by law, including the death penalty, for those responsible. Declares that the Senate will expeditiously approve legislation to strengthen the authority and resources of all Federal agencies involved in combating such acts of terrorism.
United States · United States Congress · 5 April 1995
Edible Oil Regulatory Reform Act - Directs Federal agencies, in issuing or enforcing a regulation, an interpretation, or a guideline relating to a fat, oil, or grease under a Federal law, to: (1) differentiate between and establish separate categories for animal fats, vegetable oils, and other oils, including petroleum oil; and (2) apply different standards to different classes of fat and oil, considering differences in physical, chemical, biological, and other properties and in the effects on human health and the environment. Amends the Oil Pollution Act of 1990 to exempt tank vessels carrying animal fat or vegetable oil from liability limits and financial responsibility requirements for tank vessels under such Act.
United States · United States Congress · 30 March 1995
TABLE OF CONTENTS: Title I: Reductions in Government Overregulation Subtitle A: The Home Mortgage Process Subtitle B: Amendments to the Community Reinvestment Act of 1977 Subtitle C: Payment of Interest Act Title II: Streamlining Government Regulation Subtitle A: Eliminating Unnecessary Regulatory Requirements and Procedures Subtitle B: Eliminating Unnecessary Costs and Paperwork Burdens Subtitle C: Eliminating Unnecessary Reporting Requirements Subtitle D: Regulatory Micromanagement Title III: Regulatory Impact on Cost of Credit and Credit Availability Subtitle A: Lowering Compliance Costs to Promote Credit Availability Subtitle B: Disincentives to Risk-Taking Subtitle C: Miscellaneous Nonsupervisory Reforms Economic Growth and Regulatory Paperwork Reduction Act of 1995 - Title I: Reductions in Government Overregulation - Subtitle A: The Home Mortgage Process - Part I: Regulatory Simplification and Uniformity - Amends the Truth in Lending Act (TLA) and the Real Estate Settlement Procedures Act (RESPA) to require the Board of Governors of the Federal Reserve System (the Board) to: (1) eliminate, modify, or simplify disclosure requirements if such action results in uniformity with other statutory disclosure requirements relating to credit transactions; and (2) proscribe imposition of any disclosure requirement unless its effect is to eliminate, modify, or simplify any disclosure required under this Act. (Sec. 103) Exempts from TLA disclosure requirements transactions that the Board determines: (1) are not necessary to effectuate its purposes; or (2) do not provide a measurable benefit in the form of useful information or consumer protection. (Sec. 104) Amends RESPA to repeal requirements that: (1) a federally related mortgage lender disclose to a mortgage loan applicant the servicing of any such mortgages the lender has assigned, sold or transferred during the most recent three calendar years; and (2) a lender that does not service federally related loans similarly disclose any intention to assign, sell or transfer such servicing. Repeals the mandate for model disclosure statements. Excises from the definition of "federally related mortgage loan" any loan secured by a subordinate lien on residential real property (thereby removing second mortgages from RESPA requirements). Directs the Board to ensure that regulations pertaining to the business credit exemption from RESPA jurisdiction include all business credit exempted from the TLA. Part II: Clarifications to Reduce Costs and Regulatory Burdens - Amends the TLA to exempt from its disclosure requirements any credit transactions involving consumers with an annual earned income of more than $200,000 or having net assets in excess of $1,000,000 at the time of the transaction. (Sec. 112) Revises disclosure requirements for adjustable rate home mortgages to permit as an alternative to the currently required table illustration, a statement that a monthly payment may increase or decrease significantly due to annual percentage rate increases. Grants creditors the option of disclosing, in any variable interest rate residential mortgage transaction that is not an open end credit plan, either a statement that the monthly payment may change substantially, or an historical example illustrating the effects of interest rate changes implemented according to the loan program. (Sec. 113) Excludes from the determination of the finance charge for any consumer credit transaction fees imposed by third party closing agents (including settlement agents, attorneys, escrow and title companies) that are neither expressly required nor retained by the creditor (thereby exempting such amounts from TLA disclosure requirements). Exempts from the computation of a finance charge, if they are otherwise itemized and disclosed, certain: (1) taxes on security instruments or evidences of indebtedness; and (2) fees for preparation of loan-related documents and attending or conducting settlement. (Sec. 114) Exempts from the right of rescission certain refinancings or consolidations of debt that are secured by a lien on a consumer's principal dwelling. (Sec. 115) Permits finance charge disclosures for certain consumer credit transactions secured by real property or a dwelling to vary within an accuracy tolerance range of $100. Sets guidelines for per diem interest rate disclosures consumer credit transactions. (Sec. 116) Shields a creditor or assignee from liability in connection with disclosures of: (1) certain fees and charges; and (2) finance charges that fall within certain statutory tolerance limits. (Sec. 117) Modifies the guidelines delimiting an obligor's period of rescission to preclude a consumer from asserting rescission in any action after the earlier of: (1) expiration of the three-year period beginning on the transaction consummation date; or (2) the date of the sale of the property securing an extension of credit. (Sec. 118) Modifies assignee liability guidelines to provide that a violation is apparent on the face of the disclosure statement if the disclosure does not use the format required by law. Prescribes guidelines under which the servicer of a consumer obligation arising from a consumer credit transaction shall not be treated as the assignee of such obligation. (Sec. 119) Repeals the bona fide personal financial emergency condition placed upon exercise of the Board's authority to modify or waive rescission rights arising from a consumer credit transaction. Subtitle B: Amendments to the Community Reinvestment Act of 1977 - Amends the Community Reinvestment Act of 1977 (CRA) to prohibit the appropriate Federal regulatory agency, in the course of examining a financial institution, from imposing recordkeeping or reporting requirements that do not have the effect of eliminating, streamlining, or reducing regulatory burdens upon such institution. (Sec. 132) Exempts small-sized banks with total assets under $250 million from CRA jurisdiction. (Sec. 133) Prescribes guidelines under which each appropriate Federal regulatory agency shall: (1) publish its examination schedule; and (2) provide opportunity for community comment. Authorizes the agency to reconsider, upon request, the rating of an institution. (Sec. 134) Defines a "special purpose bank" as one that does not generally accept deposits from the public in amounts less than $100,000, such as a credit card bank or a trust bank. Mandates that, in assessing the record of special purpose banks in meeting community credit needs, the appropriate Federal regulatory agency: (1) take into consideration the nature of the businesses of such banks; and (2) develop standards under which they may be deemed to comply with CRA requirements consistent with the specific nature of such businesses. Requires the agency, in assessing any financial institution, to give positive consideration to investments and loans made by such institutions that provide benefits to distressed communities, regardless of whether or not the communities are located within the service area of the financial institution. Subtitle C: Payment of Interest Act - Amends the Federal Deposit Insurance Corporation Improvement Act of 1991 to retitle the Truth in Savings Act as the "Payment of Interest Act". Repeals: (1) the finding of the Congress that uniform disclosure of interest and fees charged on consumer deposit accounts strengthens consumer ability to make informed decisions and verify deposit accounts; and (2) the stated purpose of the Truth in Savings Act requiring clear, uniform disclosure of interest rates payable on deposit accounts and the fees assessable against them. Declares instead that: (1) the Truth in Savings Act created unnecessary paperwork, compliance, and liability burdens for depository institutions without enhancing consumer ability to make informed decisions; and (2) the purpose of the Payment of Interest Act is to repeal unnecessary disclosure requirements while retaining the requirement that interest be paid on the full amount of principal in the account for each day of the stated calculation period at the interest rate disclosed by the depository institution. Repeals: (1) the uniform disclosure requirements for interest rates and fees, including annual percentage yields, minimum account and time requirements, and interest penalties; and (2) the proscription against misleading descriptions of free or no-cost accounts, and misleading or inaccurate advertisements. Repeals current law that a depository institution: (1) maintain and distribute a schedule of fees, interest rates, and account restrictions written in readily understood format for each class of accounts being offered; (2) notify account holders of any changes in the schedule; and (3) clearly and conspicuously disclose with each periodic statement to account holders the annual percentage yield earned, the amount of interest earned, the amount of fees or charges imposed, and the number of days in the reporting period. Repeals civil liability guidelines governing class actions. Modifies depository institution liability regarding: (1) notification and adjustment for errors; and (2) continuing and subsequent depository institution failure to pay interest. Title II: Streamlining Government Regulation - Subtitle A: Eliminating Unnecessary Regulatory Requirements and Procedures - Amends the Bank Holding Company Act of 1956 (BHCA) to set forth financial and managerial criteria under which an acquisition of shares by a bank holding company, or a merger or consolidation between registered bank holding companies, shall be deemed to be approved. (Current law requires prior Board approval). (Sec. 202) Amends the Federal Deposit Insurance Act (FDIA) to set forth conditions under which prior approval is not required for any merger, consolidation, asset acquisition, or liabilities assumption, involving only insured depository institutions subsidiaries of the same depository institution holding company. (Sec. 203) Permits any insured depository institution to participate in optional conversion transactions between members of the Bank Insurance Fund and the Savings Association Insurance Fund without the prior written approval of the responsible agency. Repeals: (1) agency guidelines for approval; and (2) the prohibition against transactions which result in the transfer from one Federal deposit insurance fund to the other. Makes the sole criterion for authorization of a conversion transaction without approval that the acquiring, assuming, or resulting depository institution will meet all applicable capital requirements upon consummation of the transaction. (Sec. 204) Amends the Revised Statutes, the Federal Reserve Act (FRA), and the FDIA to delineate conditions under which prior approval is not required for banks under their purview to establish and operate a branch or seasonal agency. (Sec. 205) Amends the Home Owners' Loan Act to remove from its regulatory purview a bank holding company subject to the BHCA. Revises the definition of "savings and loan holding company" to exclude a bank holding company under BHCA jurisdiction. Provides that acquisition of a savings association by a bank holding company under BHCA jurisdiction obviates approval by the Director of the Office of Thrift Supervision. (Sec. 206) Amends the Revised Statutes to repeal the aggregate minimum capital requirements imposed upon a national banking association and its branches. (Sec. 207) Amends the Revised Statutes and the FDIA to exclude from the definition of "branch" an automated teller machine or remote service unit (thus exempting those entities from the approval requirements of such Acts). (Sec. 208) Amends the FRA to prescribe regulatory approval guidelines for investments in bank premises by well capitalized and well managed banks. (Sec. 209) Amends the BHCA to repeal the provision that shares transferred by a bank holding company to a transferee under its control are deemed to be under the holding company's control (thus subject to specified approval requirements). (Sec. 210) Amends the FDIA to repeal the requirement that the appropriate Federal banking agency be notified prior to the appointment or addition of a new director or senior executive officer if the affected insured depository institution or depository institution holding company: (1) has been chartered less than two years; or (2) has undergone a change in control within the preceding two years. Retains such prior notice requirement for troubled insured depository institutions or depository institution holding companies only if the agency determines that prior notice is appropriate. Extends from 30 days up to 90 days the period during which, following notice, the agency may disapprove board of directors or senior executive officer appointments by such institutions or companies. (Sec. 211) Amends the Depository Institutions Management Interlocks Act to revise the prohibition on dual service of management officials to raise the asset-size thresholds of the depository institutions or depository holding companies to which the prohibition applies. Authorizes Federal banking regulatory agencies to adjust such thresholds for inflation. Repeals the 20-year exemption from the dual service prohibition for certain grandfathered directors and management officials (thus permitting them to continue their dual service permanently). Repeals the requirement that each appropriate Federal depository institutions regulatory agency: (1) review according to prescribed criteria the petition of a management official to serve in more than one position (interlocking directorate); and (2) determine whether continuation of such dual service produces an anti-competitive effect. Repeals the criteria governing regulatory approval of management interlocks. (Sec. 212) Amends the FRA to exempt from its proscription against preferential terms in credit extensions to executive officers, directors, or principal shareholders (insider lending) any credit extensions made pursuant to a benefit or compensation program widely available to employees of the member bank. Includes such credit extensions in the Board's authority to waive the proscription against such preferential terms for certain executive officers and directors of controlling nonbank affiliates. Repeals the reporting requirement that: (1) an executive officer of a member bank indebted to another bank submit a written report of such debt to the member bank's board of directors; and (2) a member bank include in its statutory condition of report all loans made since its previous report. Amends the FDIA to repeal Federal banking agency authority to require banks to disclose credit extensions made to their executive officers or principal shareholders. Amends the Bank Holding Company Act Amendments of 1970 to repeal the requirement that bank executive officers and stockholders who own more than a ten percent controlling interest report to the bank's board of directors regarding any credit extensions made to them by a bank maintaining a correspondent account. (Sec. 213) Amends the Federal Financial Institutions Examination Council Act of 1978 to abolish the Appraisal Subcommittee. Amends the Financial Institutions Reform, Recovery, and Enforcement Act of 1989 to transfer the functions of the Appraisal Subcommittee to the Federal Financial Institutions Examination Council. (Sec. 214) Amends the FDIA to exclude automated teller machines and specified bank branches from the definition of "banking branch" (thus exempting them from Federal bank closure notification requirements). Makes such exemption retroactive to the effective date of the Federal Deposit Insurance Corporation Improvement Act of 1991. (Sec. 215) Amends the International Banking Act of 1978 to replace the Board's authority to order a foreign bank to terminate its branch activities in the United States with authority to recommend to the appropriate Federal or State bank official that such branch's license be terminated. Revises the examination guidelines for foreign banks to: (1) direct the Board to rely upon reports of examinations made by the Comptroller of the Currency, the Federal Deposit Insurance Corporation (FDIC), and State bank supervisors (currently the Board coordinates such examinations); and (2) subject a foreign bank to the same on-site examination schedules and cost-of-examination assessments as are imposed upon U.S. banks. Modifies procedural guidelines for Board review of foreign bank applications to establish a U.S. presence. Subtitle B: Eliminating Unnecessary Costs and Paperwork Burdens - Amends the FDIA to: (1) expand from 18 months to 24 months the discretionary timeframe for mandatory on-site examinations of certain small-sized depository institutions; and (2) increase from $175 million to $250 million the asset-size ceiling on the meaning of "small depository institution" which Federal banking agencies may in their discretion determine for examination purposes. (Sec. 222) Amends the Right to Financial Privacy Act to require a Government authority to reimburse a financial institution for assembling or providing financial records pertaining to corporate customers. (Sec. 223) Directs the Federal Financial Institutions Examinations Council, and each Federal banking agency represented on it, to review and report to the Congress on Federal banking regulations at least every ten years to identify unnecessary regulatory requirements imposed upon insured depository institutions.Requires the Council or the pertinent banking agency to eliminate unnecessary regulations to the extent appropriate. Subtitle C: Eliminating Unnecessary Reporting Requirements - Amends the Community Reinvestment Act of 1977 (CRA) to prohibit the imposition upon financial institutions of: (1) recordkeeping requirements that do not result in eliminating, streamlining or reducing regulatory burdens upon the institutions; or (2) loan data collection and reporting requirements. Prohibits public disclosure of loan data by any Federal financial supervisory agency. (Sec. 232) Amends the Federal Home Loan Bank Act (FHLBA) to exempt financial institutions meeting specified criteria from its community support requirements. (Sec. 233) Amends Federal monetary law to: (1) reduce mandatory identification procedures for monetary transactions; and (2) repeal identification reporting requirements regarding certain financial institution customers of depository institutions. (Sec. 235) Amends the Federal Deposit Insurance Corporation Improvement Act of 1991 to repeal the mandate that: (1) insured depository institutions include information on small businesses and small farm lending in their annual reports of condition; and (2) the Board publish annually information on credit availability to small businesses. (Sec. 236) Amends the Home Mortgage Disclosure Act of 1975 to increase from $10 million to $50 million the maximum asset-size of institutions exempt from its purview. Authorizes the Board to exempt from the Act's disclosure requirements institutions whose asset-size is at least $50,000000 if the burden of compliance outweighs the usefulness of the requisite information. Declares that a depository institution shall be deemed to have satisfied the public availability requirements with respect to its mortgage loan transactions if its branch offices provide notice of the availability upon request of such information from the home office. (Sec. 237) Amends FDIA guidelines governing a change in control of insured depository institutions to repeal mandatory reporting by financial institutions (or affiliates) of any loans secured by 25 percent or more of any class of shares of an insured depository institution (stock loans). Subtitle D: Regulatory Micromanagement - Amends the Revised Statutes regarding national banking association director qualifications to extend to all such associations the Comptroller of the Currency's authority to waive citizenship requirements for a minority of the association's directors. Allows the Comptroller to waive State residency requirements. (Sec. 242) Sets a deadline by which each Federal banking agency and the National Credit Union Administration Board must eliminate regulations which require insured depository institutions and credit unions to produce unnecessary internal written policies. (Sec. 243) Amends the FDIA to increase the number of members of the FDIC Board of Directors from five to six. Mandates that one director be appointed from among individuals serving as State bank commissioners or supervisors. Limits such appointment to a single two-year term served without compensation. Limits eligibility to serve as Chairperson or Vice Chairperson of the FDIC Board to residentially appointed directors. Title III: Regulatory Impact on Cost of Credit and Credit Availability - Subtitle A: Lowering Compliance Costs to Promote Credit Availability - Amends FDIA guidelines for improved accountability in financial management to: (1) eliminate the use of an independent public accountant to detect and report violations of law by an insured depository institution or depository institution holding company; (2) alter independent audit committee composition from one composed entirely of outside directors independent of institution management, to one composed of a majority of such independent directors; and (3) require each appropriate Federal banking agency to exempt from the independent audit committee requirement any insured depository institution that has encountered hardships in retaining competent directors on such committee. (Sec. 302) Amends the Equal Credit Opportunity Act and the Fair Housing Act to prohibit an enforcing agency from acquiring or using reports generated by any creditor-conducted review of lending operations to determine compliance with such Acts (thereby encouraging creditors to self-test for compliance with the Acts). (Sec. 303) Amends the Home Owners' Loan Act to revise the exemption from certain non-qualified thrift lender restrictions of specialized savings associations serving transient military personnel to repeal a specified requirement with respect to the association's savings and loan holding company. (Sec. 304) Repeals Federal savings association (association) authority to issue credit cards or engage in credit card operations. Permits an association to deal in credit card loans or education loans without being subject to a percentage-of-assets limitation. Raises from ten percent to 20 percent the percentage-of-assets-limitations ceiling placed upon commercial and agricultural loans offered by an association. Restricts loan amounts exceeding ten percent of an association's total assets to loans made to small businesses. Repeals the five-percent-of-assets loan restriction upon education loans offered by an association. Expands the scope of "qualified thrift lender" to include a domestic building and loan association. Redefines "qualified thrift investment" to cover, as assets includible without limit, educational loans, small business loans, and loans made through credit cards or credit card accounts. Removes the ten-percent-of-assets loan restriction placed upon certain personal, family, household or education loans. (Sec. 305) Amends the FRA, with respect to regulations governing payment system risk or intraday credit, to: (1) require them to include net debit caps appropriate to the credit quality of each Federal Home Loan (FHL) Bank (together with normal fees for daylight overdrafts); or (2) exempt FHL Banks from such regulations. (Sec. 306) Amends the FHLBA to: (1) revise the location requirements for FHL Banks to provide for membership-based-on-convenience; (2) mandate that the FHL Banks contract annually for an annual audit with a single auditor; and (3) preclude the Board from participation in any audit or audit contracting process (other than to establish contract and accounting requirements). (Sec. 308) Amends the BHCA to lift the growth cap restrictions placed upon banks controlled by certain bank holding companies not statutorily treated as bank holding companies. Subtitle B: Disincentives to Risk-Taking - Amends the FDIA and the Federal Credit Union Act to: (1) reinstate the requirement of a showing of irreparable and immediate harm as a prerequisite to attachment of assets and other injunctive relief when the FDIC or the National Credit Union Administration Board acts as conservator or receiver; and (2) confer oversight authority to prohibit removal of assets in cease and desist proceedings if it results in immediate and irreparable harm. Subtitle C: Miscellaneous Nonsupervisory Reforms - Amends the TLA to hold a cardholder liable for unauthorized use of a credit card if the liability exceeds $50 and the cardholder fails to timely notify the card issuer of any unauthorized transaction that appears on the account statement. Amends the Electronic Fund Transfer Act to raise from $50 to $500 a cardholder's liability for unauthorized electronic fund transfers if the cardholder substantially contributed to the unauthorized transfer, including writing on or keeping with the card or other means of access a personal identification or other security code.
United States · United States Congress · 30 March 1995
Amends the Forest and Rangeland Renewable Resources Planning Act of 1974 to require phasing-in of species population increase revisions to National Forest land and resource management plans.
United States · United States Congress · 27 March 1995
Provides that neither the preparation of an environmental assessment nor any other action under the National Environmental Policy Act shall be required to be taken in connection with renewals of permits that have expired before, on, or after this Act's enactment for grazing on National Forest System lands for which a land and resource management plan under the Forest and Rangeland Renewable Resources Planning Act of 1974 is in effect.
United States · United States Congress · 23 March 1995
TABLE OF CONTENTS: Title I: Findings and Purposes Title II: Property Rights Litigation Relief Title III: Alternative Dispute Resolution Title IV: Private Property Taking Impact Analysis Title V: Private Property Owners Administrative Bill of Rights Title VI: Miscellaneous Omnibus Property Rights Act of 1995 - Title I: Findings and Purposes - Proposes, with specified measures, to encourage and protect the constitutional and legal rights of private property owners against any Federal agency's regulatory or administrative action that adversely affects private property. Title II: Property Rights Litigation Relief - Prohibits Federal and State agencies acting pursuant to Federal mandate from taking private property except for public use and with just compensation to the property owner. (Sec. 204) Requires that such compensation be paid out of the congressionally appropriated funds of any Federal agency whose actions (directly or through a State agency) result in a physical invasion or taking of private property for public use without the owner's consent and at least one of several other circumstances pertain, including that the action: (1) does not substantially advance the stated governmental interest to be achieved by the legislation or regulation on which the action is based; (2) deprives the property, temporarily or permanently, of all or substantially all of its economically beneficial or productive use; or (3) diminishes the property's fair market value by 33 percent or more. Measures "just compensation" as the decrease in fair market value, and any business losses resulting from Federal agency action. Prohibits the filing of claims against a State agency for carrying out a regulatory program mandated or funded by Federal law. (Sec. 205) Amends the Federal judicial code to grant concurrent jurisdiction to the United States District Court and the United States Court of Federal Claims to hear civil actions brought under this Act. Title III: Alternative Dispute Resolution - Provides for settlement or arbitration, upon consent of both parties, of such property rights disputes. Declares that: (1) such dispute resolution shall not be a condition precedent to or an administrative procedure to be exhausted before the filing of a civil action; and (2) awards are to be taken from congressional appropriations of the Federal agency whose actions are at issue. Title IV: Private Property Taking Impact Analysis - Declares that, with specified exceptions, Federal agency actions likely to result in the taking of private property shall be preceded by a written impact analysis available to the public including: (1) the purpose of the action; (2) the likelihood of an interference with private property; (3) the potential Federal liability to property owners; and (4) any alternative actions that would fulfill the same objectives less intrusively. (Sec. 404) Prohibits any action reasonably predicted to result in an uncompensated taking. Title V: Private Property Owners Administrative Bill of Rights - Directs Federal agency heads enforcing the Endangered Species Act and the Federal Water Pollution Control Act to: (1) comply with State and tribal laws; (2) act in the manner least intrusive to private property rights; (3) implement rules and regulations to ensure the protection of those rights; (4) refrain from entering private property to acquire information without the written consent and notice of the owner; and (5) refrain from using data collected on privately owned property to implement or enforce such Acts without providing the property owner with access to and the opportunity to dispute such data. (Sec. 506) Amends the Federal Water Pollution Control Act and the Endangered Species Act of 1973 to establish property owner appeal rights. (Sec. 508) Requires agency heads to provide owners of private property adversely affected by agency action with the option of either: (1) selling the property to the agency for fair market value without use restrictions; (2) receiving compensation for any resulting decrease in the property's fair market value resulting from such restrictions; or (3) entering into arbitration. (Sec. 509) Amends the Endangered Species Act of 1973 to require the Secretary of the Interior to notify all private property owners or lessees of property subject to it of any new management agreement with a non-Federal person that establishes restrictions on property use, providing each of them the opportunity to participate in such agreement. Title VI: Miscellaneous - Sets forth severability provisions and the effective date of this Act.
United States · United States Congress · 21 March 1995
Voluntary Environmental Audit Protection Act - Provides that an environmental audit report constituting part of an environmental audit shall not be subject to discovery and admitted into evidence in civil or criminal actions or administrative proceedings before a Federal court or agency or under Federal law. Makes such exclusion inapplicable to information: (1) required to be collected or reported to a regulatory agency pursuant to specified Federal environmental laws (covered laws); (2) obtained by observation, sampling, or monitoring by a regulatory agency; or (3) obtained from a source independent of the audit. Makes such exclusion inapplicable if: (1) the owner or operator of the facility that initiated the audit expressly waives the right of the person or government entity that prepared the report to exclude such material from the evidence or proceeding; (2) after an in camera hearing, the appropriate Federal court determines that the environmental audit report provides evidence of noncompliance with a covered environmental law and efforts to achieve compliance were not pursued with diligence; or (3) the person or government entity is asserting the exclusion for a fraudulent purpose. Places the burden of proof regarding the applicability of the exclusion on the person invoking its protection. States that a person or entity that performs an audit may not be required to give testimony in a Federal court or an administrative proceeding of a Federal agency without his or her consent. Sets forth conditions under which disclosures of information relating to a covered Federal law to an appropriate Federal or State agency are considered voluntary. Considers such disclosures involuntary if the person or government entity making the disclosure has committed repeated violations of Federal or State laws relating to environmental quality due to separate events giving rise to the violations during the three-year period prior to disclosure. Presumes disclosures to be voluntary if the person or entity provides information supporting a claim that the information is a voluntary disclosure and makes such persons or entities immune from administrative, civil, or criminal penalties for violations unless such presumption is rebutted. Places the burden of rebuttal on Federal agencies.
United States · United States Congress · 21 March 1995
National Right to Work Act of 1995 - Amends the National Labor Relations Act and the Railway Labor Act to repeal those provisions that permit employers, pursuant to a collective bargaining agreement, to require employees to join a union or pay union dues or fees as a condition of employment.
United States · United States Congress · 16 March 1995
TABLE OF CONTENTS: Title I: Family Tax Credit Title II: Reducing the Cost of Capital by Reducing Capital Gains Tax Rates and Indexing the Basis of Certain Assets Title III: Neutral Cost Recovery Title IV: Increasing National Savings Through Individual Retirement Plus Accounts, Indexing for Inflation the Income Thresholds for Taxing Social Security Benefits, Etc. Title V: Cap on Federal Spending and Establishment of Commission to Reduce Federal Spending Title VI: Elimination of Social Security Earnings Test Family, Investment, Retirement, Savings, and Tax Fairness Act of 1995 - Title I: Family Tax Credit - Amends the Internal Revenue Code to allow individuals a tax credit of $500 multiplied by the number of qualifying children who have not attained age 18. Places limitations on such credit and adjusts it for inflation. Title II: Reducing the Cost of Capital by Reducing Capital Gains Tax Rates and Indexing the Basis of Certain Assets - Reduces the individual and corporate capital gains rate from 34 percent to 15 percent. Reduces such tax to 7.5 percent for low- and middle-income taxpayers. Provides for the phaseout of personal exemptions and the overall limitation on itemized deductions to take into account adjusted gross income which has been reduced by net capital gain. (Sec. 204) Requires indexing, based on the gross national product deflator, of the adjusted basis of certain assets (corporate stock and tangible property that is a capital asset of property used in a trade or business) that have been held for more than one year at the time of sale or other transfer, solely for the purpose of determining gain or loss. (Sec. 205) Provides for indexing the limitation on capital losses of noncorporate taxpayers. Title III: Neutral Cost Recovery - Allows the depreciation deduction to be computed based on a neutral recovery basis for property placed in service after December 31, 1994. (Sec. 302) Establishes special depreciation rules applicable under the adjusted current earnings provisions of the minimum tax for taxable years after 1994. Title IV: Increasing National Savings Through Individual Retirement Plus Accounts, Indexing for Inflation the Income Thresholds for Taxing Social Security Benefits, Etc. - Allows individuals to establish individual retirement plus accounts with tax treatment similar to that for individual retirement plans. Makes contributions to such account nondeductible. Provides for qualified distributions from such accounts, other than for general retirement purposes, including special purpose distributions made for the purchase of a first home and for medical or educational purposes. Prohibits special purpose distributions from being made during the first five years of the account. (Sec. 402) Provides an inflation adjustment after 1997 for income thresholds in determining the taxation of social security benefits. Excludes income from individual retirement plans when determining modified adjusted gross income. (Sec. 403) Provides an inflation adjustment after 1997 for the maximum amount allowable as a deduction for retirement savings. Title V: Cap on Federal Spending and Establishment of Commission to Reduce Federal Spending - Establishes the Spending Reduction Commission to: (1) recommend specific reductions in Federal activities to assure that spending does not grow at a rate in excess of two percent per year beginning after FY 1995; and (2) take actions required by this title to achieve such reductions. (Sec. 504) Sets forth procedures for the Office of Management and Budget for making budget outlay reduction recommendations to the appropriate congressional committees and the Commission. Provides for the President to review such recommendations. (Sec. 505) Provides for congressional consideration of approved recommendations as submitted by the President through a joint resolution. (Sec. 506) Declares all budget reductions made under this title to be permanent. (Sec. 509) Amends the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act) to set forth sequestration procedures when the increase in annual Federal spending exceeds the amount resulting from an annual rate of inflation of two percent. Title VI: Elimination of Social Security Earnings Test - Amends title II (Old Age, Survivors and Disability Insurance) of the Social Security Act to remove the limitation on the amount of outside income which beneficiaries who have attained retirement age may earn without incurring a reduction in benefits.
United States · United States Congress · 15 March 1995
Product Liability Fairness Act of 1995 - Applies this Act to any product liability action begun after enactment of this Act, except for actions for loss or damage to a product itself, actions for commercial loss, and actions for negligent entrustment. Makes any circuit court of appeals decision interpreting this Act a precedent for any Federal or State court within that court's geographic jurisdiction. (Sec. 4) Allows a claimant or defendant in a product liability action to offer to proceed with voluntary, nonbinding alternative dispute resolution (ADR). Requires defendant offerees to pay reasonable attorney's fees and costs if they unreasonably or in bad faith refuse to proceed to ADR and final judgment is entered against the defendant. (Sec. 5) Imposes seller liability if the seller failed to exercise reasonable care, made an express warranty, or engaged in intentional wrongdoing. Declares that a failure to inspect is not a failure of reasonable care if there was no reasonable opportunity to inspect. Makes a seller liable as a manufacturer if the manufacturer is not subject to service or if the claimant would be unable to enforce a judgment. (Sec. 6) Makes it a complete defense if the claimant was under the influence of alcohol or a drug and was more than 50 percent responsible. (Sec. 7) Reduces damages by the percentage of harm attributable to misuse or alteration, except for actions involving an employer or coemployee if the employer or coemployee is, under State law, immune from claimant's action. (Sec. 8) Allows punitive damages, as permitted by State law, if the claimant shows by clear and convincing evidence that the harm resulted from the defendant's conscious, flagrant safety indifference. Limits the amounts that may be awarded for a claim. Requires, at the request of either party, consideration of punitive damages in a separate proceeding. (Sec. 9) Limits the time within which a product liability action must be started, with a separate limit for durable goods. (Sec. 10) Permits several and prohibits joint liability for noneconomic loss. (Sec. 11) Grants an insurer a right of subrogation whether or not the insurer is a party. Prohibits settlements or payments, and makes releases invalid, without the consent of the insurer. Requires, if the manufacturer or seller alleges the harm was the fault of the claimant's employer or coemployee, that the issue be submitted to the trier of fact. Reduces damages if it is found by clear and convincing evidence that the harm was so caused, but requires the manufacturer or seller to reimburse the insurer for attorney's fees and costs if it is not so found. (Sec. 12) Declares that U.S. district courts shall not have jurisdiction under this Act based on provisions of the U.S. Code relating to Federal questions, commerce and antitrust, and amounts in controversy.
United States · United States Congress · 14 March 1995
Provides that any political subdivision of the State of Montana which accepts the terms and conditions for a license for the Flint Creek hydroelectric project in Granite and Deer Lodge Counties shall not be required to pay, for the five-year period following its acceptance of the license, annual charges for the use of Federal lands lying within the boundaries of the project. Requires such subdivision to pay an annual Federal charge of no more than $20,000 per year after the five-year period for the use of those lands as long as it holds such license.
United States · United States Congress · 9 March 1995
No Net Loss of Private Lands Act - Authorizes the United States to acquire an interest in 100 or more acres of land within a State only if, before any such acquisition, the United States disposes of the surface estate to land in that State in accordance with the following requirements. Specifies that the disposition of the surface estate in land by the United States qualifies for the purpose of such provision if: (1) the value of such estate is approximately equal to the value of the interest in the land to be acquired, as determined by the head of the department, agency, or independent establishment concerned; and (2) such person certifies that the United States has disposed of land for the purpose of this section. Subjects acquisition of land within a State to this Act if 25 percent or more of the land within the State is federally owned. Excludes specified lands and properties from this Act. Authorizes the head of any department, agency, or instrumentality of the United States to waive such land acquisition requirements during a declaration of war or national emergency.
United States · United States Congress · 9 March 1995
Missouri River Water Control Equity Act - Prohibits the Secretary of the Army from allowing the permanent pool levels in the following areas to fall below the specified level, unless the Secretary finds that a lower level is required to provide necessary emergency flood control, hydropower, or water supply: (1) for the Missouri River system, 44 million acre-feet; and (2) for Fort Peck Lake, 12 million acre-feet. Directs the Secretary to decrease the navigation season for the Missouri River by 30 days annually until it is eliminated. Directs the Secretary to develop and implement a plan to mitigate streambank and reservoir erosion caused by the operation of the Missouri River system. Authorizes appropriations.
United States · United States Congress · 8 March 1995
Expresses the sense of the Senate that: (1) obstetrician-gynecologists should be included as primary care providers for women in Federal laws relating to the provision of health care; and (2) legislative proposals that define primary care should include primary care services performed by obstetrician-gynecologists in such definition.
United States · United States Congress · 7 March 1995
TABLE OF CONTENTS: Title II (sic): Disposition of Locatable Mineral Deposits Title III: Surface Management of Mineral Activities Title IV: Royalty Title V: Abandoned Locatable Minerals Mine Reclamation Program Title VI: Administrative Provisions Mining Law Reform Act of 1995 - Declares that it is the purpose of this Act to: (1) promote mineral exploration and development; (2) ensure land reclamation; and (3) avoid claims of takings of property rights that could require compensation under the Fifth Amendment to the Constitution. Title II (sic): Disposition of Locatable Mineral Deposits - Mandates: (1) an annual $100 maintenance fee, payable in advance, for each unpatented mining claim or site until a patent has been issued therefor; and (2) an initial maintenance fee of $100 for the assessment year which includes the date of location of such mining claim or site. (Sec. 201) Sets forth claim maintenance and assessment work requirements. Confers the right of exclusive possession upon the owner of any unpatented mining claim or site in compliance with this Act. Requires the owner of each unpatented mining claim or site to pay a location fee of $25 per claim at the time the notice or certificate of location is filed. Credits the annual claim maintenance fee payments for an unpatented mining claim or site against the requisite royalties. Prescribes procedural guidelines for fee adjustments and disposition. Exempts from application of this section any oil shale claims subject to claim maintenance fees under the Energy Policy Act of 1992. Repeals the fee requirements of the Omnibus Budget Reconciliation Act of 1993. Amends the Federal Land Policy and Management Act of 1976 (FLPMA) to: (1) repeal the filing requirements for mining claim recordation; and (2) declare that failure to file a timely notice or certificate of location shall constitute forfeiture of the mining claim and render the claim null and void. (Sec. 202) Permits waiver of the maintenance fee upon written certification that the owner and all related persons own not more than 25 unpatented mining claims or sites. (Sec. 203) Prohibits the Secretary of the Interior from denying residential occupancy, or requiring removal of equipment or facilities, if a notice of intent or plan of operations shows such occupancy to be reasonably required. Sets forth procedural guidelines for divestment and reverter of a patented estate that is used for unauthorized purposes. Prescribes patent issuance guidelines. Amends the Department of the Interior and Related Agencies Appropriations Act, 1995 to repeal its proscription against the obligation of appropriated funds for processing patents for mining or mill site claims. Title III: Surface Management of Mineral Activities - Declares that compliance with this title constitutes compliance with specified provisions of the FLPMA and any other law applicable to Federal lands subject to this title within the National Forest System. States that this Act is applicable only to mineral activities on those Federal lands where the surface estate is managed by the Bureau of Land Management or the U.S. Forest Service. Cites the Federal environmental protection statutes applicable to mining operations under this Act. (Sec. 302) Prescribes procedural guidelines for: (1) authorization of mineral activities and plans of operations requirements (including a reclamation plan that complies with State requirements, and evidence of financial assurance); (2) cooperative agreements for joint administration between the Secretary and the requesting State; and (3) enforcement and administrative and judicial review. Title IV: Royalty - Imposes a royalty of three percent of the net proceeds upon the production and sale of locatable minerals from any unpatented mining claim (and from certain patented claims). Waives the royalty for: (1) any mine with an annual gross yield of less than $500,000; and (2) minerals processed at a facility by the same person which extracted the minerals if a certain urban development action grant has been made. Prescribes royalty payment guidelines. Title V: Abandoned Locatable Minerals Mine Reclamation Program - Requires any State which wishes to receive certain royalty proceeds to establish an interest-bearing abandoned locatable mineral mine reclamation fund. (Sec. 501) Establishes the Abandoned Locatable Minerals Mine Reclamation Fund to consist of certain allocated royalty receipts in a State where a State Fund has not been established. (Sec. 503) Identifies: (1) Federal lands and water eligible for reclamation under this Act; and (2) reclamation uses and objectives for moneys in a State Fund. (Sec. 505) Requires each State with a State Fund to furnish an annual accounting report to the Congress. Title VI: Administrative Provisions - Declares that this Act supersedes the general mining laws only to the extent that they conflict with the requirements of this Act. Sets forth the effect of this Act upon other Federal and State laws.
United States · United States Congress · 6 March 1995
Expresses the sense of the Congress that the President should promptly indicate that the United States will welcome a private visit by Taiwanese President Lee Teng-hui to his alma mater, Cornell University, and will welcome a transit stop by President Lee in Anchorage, Alaska, to attend the USA-ROC Economic Council Conference.
United States · United States Congress · 2 March 1995
Amends the Clean Air Act to add specified definitions relating to agriculture-related facilities (grain elevators, grain, feed, or rice mills, or grain processing facilities). Defines "potential to emit" as the potential of a facility to emit during a one-year period under maximum realistic operation. Directs the Administrator of the Environmental Protection Agency, in determining the maximum realistic operation of an agriculture-related facility, to consider: (1) the cyclical or seasonal nature of the facility; and (2) the maximum hours of operation of the facility that actually occurred during any of the preceding five years in the case of a facility in operation on the date of determination. Requires the Administrator to consider the effect of control equipment and techniques in lowering the potential to emit of an agriculture-related facility. Exempts a source from permitting requirements if the source is not a major source and is subject to emissions standards for new stationary sources or requirements for stationary sources of hazardous air pollutants.
United States · United States Congress · 10 February 1995
Federal Lands Forest Health Protection and Restoration Act - Directs the Secretaries of the Interior and Agriculture to: (1) review the forest health conditions on Federal lands under their respective jurisdictions at least annually; and (2) designate forest health emergency or high risk areas and select and authorize the forest health management activities to be undertaken. Designates conditions under which an area of Federal lands shall be designated as either a forest health emergency or high risk area. Requires the prioritization of such areas by the Secretary concerned. Requires the appropriate forest health management activities to be those which the Secretary concerned determines to most specifically address the specific site conditions of the area using the combination of management practices, treatment, and protection needed to arrest the decline in, and to restore, forest health to a condition capable of supporting and sustaining the uses within the historic range of the area. Requires a statement of necessity by the Secretary concerned whenever the harvest of live trees is expected to occur in a forest health management activity. Provides a petition process under which any interested person may petition either Secretary to designate a specific area of at least 100 acres as a forest health emergency or high risk area. (Sec. 4) Directs each Secretary to publish in the Federal Register notice of the prospective decision to designate a forest health emergency or high risk area and to select appropriate forest health management activities for such area. Requires compliance with certain Federal laws. Provides for public comment and administrative and judicial review of such decisions (prohibiting administrative review of the designation of a forest health emergency area). Excludes certain Federal lands from any designations or management activities under this Act. (Sec. 6) Directs the Secretaries to jointly prepare and submit to specified congressional leaders and committees an annual Forest Health Report to evaluate forest health on Federal lands. (Sec. 7) Requires summaries of forest health conditions, activities, and expenditures to be included in annual requests from the President to the Congress governing activities of the Bureau of Land Management, Fish and Wildlife Service, or Forest Service. (Sec. 8) Authorizes appropriations for FY 1996 through 2006.
![Official portrait of Sen. Burns, Conrad R. [R-MT]](https://www.congress.gov/img/member/b001126_200.jpg)