United States · United States Congress · 31 January 1995
Commercial Aviation Fuel Tax Repeal Act - Amends the Internal Revenue Code to repeal the increase in tax on fuel used in commercial aviation scheduled to take effect after September 30, 1995.
United States · United States Congress · 30 January 1995
Teamwork for Employees and Management Act of 1995 - Amends the National Labor Relations Act to allow employers to establish, assist, maintain, or participate in an organization or entity in which employees participate to address matters of mutual interest (including issues of quality, productivity, and efficiency) if such organizations or entities cannot negotiate, enter into, or amend collective bargaining agreements.
United States · United States Congress · 25 January 1995
Establishes a moratorium on the Interagency Memorandum of Agreement Concerning Wetlands Determinations until enactment of a successor law to the Food, Agriculture, Conservation, and Trade Act of 1990.
United States · United States Congress · 20 January 1995
Missing Service Personnel Act of 1995 - Requires the military commander of the unit, facility, or area to which the following persons are assigned to conduct an investigation as to their whereabouts after receiving factual information that their status is uncertain: (1) military personnel who disappear during a period of war, national emergency, or hostilities; and (2) any civilian Federal employee (including an employee of a Federal contractor) who serves with or accompanies an armed force in the field during such a period. Requires such persons to be placed in a missing status and requires notification of such status to either the officer having general court-martial authority over the person (for military personnel) or the Secretary of the military department employing such person (for civilian and contractor employees). Requires such officials to be kept informed (specifies deadlines) as to all information and inquiries concerning efforts to locate such missing personnel. Requires such officials to appoint a board to conduct an inquiry into the whereabouts and status of such persons. Provides for: (1) board composition, activities, and access to information; (2) inquiry proceedings (requiring the appointment of counsel, with specified duties, to represent the missing person); (3) a board recommendation as to the official status of a person following such an inquiry; (4) board reports to the officials involved as to board conclusions (prohibiting public availability of such reports for a one-year period); (5) report review by the official; (6) a report from such official to interested persons; and (7) an additional investigation and inquiry by an additional board upon receipt of new information within one year after the date of the first official notice of a person's disappearance. Allows interested persons (family members, dependents, next of kin) to participate at the proceedings of the board during such additional inquiry. Provides for the availability of appropriate information to board personnel conducting investigations and inquiries. Provides similar procedures for the second board with respect to meetings (open to the public, with exceptions), recommendations, reports, review by the Secretary of the military department concerned, and reports to interested persons. Requires a board to be reconvened when information becomes available that would directly lead to a determination of a person's status. Requires the Secretary concerned to appoint a board to conduct an inquiry as to the status of a missing person: (1) on or about three years after the first official notice of the disappearance of such person; and (2) not later than every three years thereafter until a total of 12 years after the first official notice. Provides for: (1) the release to a board by the Secretary concerned of all personnel file information concerning missing persons; (2) the treatment of classified information; (3) penalties for the wrongful withholding of information; (4) limited circumstances under which a board may recommend that a missing person be declared officially dead; (5) the submission by the board of appropriate information if such recommendation occurs; and (6) judicial review for interested persons of a board decision to declare a person officially dead. Provides for the appointment of a board to review the status of a person previously declared dead, with board procedures similar to those described above. Requires a person previously declared dead or in a missing status who is subsequently found alive to be paid for the full time of their absence. Directs the Secretary concerned, upon the enlistment or commission of a person in an armed force, to require such person to specify in writing his or her dependents, immediate family, primary next of kin, and any other individual that the person shall designate for purposes of this Act. Allows for revision of such designation at any time.
United States · United States Congress · 20 January 1995
Older Americans' Freedom to Work Act of 1995 - Amends title II (Old Age, Survivors and Disability Insurance) (OASDI) of the Social Security Act to remove the limitation on the amount of outside income (earnings test) which beneficiaries who have attained retirement age may earn without incurring a reduction in benefits.
United States · United States Congress · 19 January 1995
Constitutional Amendment - Prohibits the election of any person to a full term as a Senator more than twice or to a full term as a Representative more than three times. Bars any person who has been: (1) a Senator for more than three years of a term to which another person was elected from being subsequently elected more than once; and (2) a Representative for more than a year of a term to which another person was elected from being subsequently elected more than twice.
United States · United States Congress · 19 January 1995
Expresses the sense of the Congress that: (1) Taiwan deserves full participation, including a seat, in the United Nations (UN); and (2) the U.S. Government should encourage the UN to establish an ad hoc committee to study membership for Taiwan in the UN and its related agencies.
United States · United States Congress · 18 January 1995
TABLE OF CONTENTS: Title I: Private Securities Litigation Title II: Financial Disclosure Private Securities Litigation Reform Act of 1995 - Title I: Private Securities Litigation - Amends the Securities Exchange Act of 1934 (the Act) to prohibit brokers or dealers from soliciting or accepting referral fees from an attorney for obtaining the representation of a customer in any implied private action. Prohibits the use of disgorgement funds resulting from actions brought by the Securities Exchange Commission (the Commission) to pay legal expenses incurred by private parties seeking distribution of such funds. Modifies the guidelines for class action litigation, including: (1) recovery by named plaintiffs in the same manner as all other members of the class; (2) court determination of conflicts of interest on the part of counsel with a beneficial interest in the securities that are the subject of the litigation; (3) restrictions on settlements under seal; (4) restrictions on payment of attorney's fees from settlement funds; (5) disclosure of settlement terms to class members; (6) special verdicts; and (7) the threshold enabling a plaintiff to obtain certification as representative for the class. Prescribes procedural guidelines for alternative dispute resolution. Establishes a limitations period for implied private rights of action. Provides for a court-appointed guardian ad litem or class action steering committee to oversee counsel and settlement offers for the plaintiff class. Delineates the requirements for securities fraud actions. Amends the Racketeer Influenced and Corrupt Organizations statute to exclude from its purview an action involving fraud in the sale of securities. Title II: Financial Disclosure - Directs the Commission to re-examine the regulatory and judicial framework with respect to predictive statements ("forward-looking statements") concerning the future economic performance of an issuer of securities. Amends the Securities Exchange Act of 1934 to prescribe litigation procedures governing safe harbors for forward-looking statements. Modifies requirements for audits conducted by an independent public accountant of an issuer's financial statements to include procedures to: (1) detect illegal acts; (2) identify related party transactions material to financial statements; and (3) evaluate an issuer's ability to continue as a going concern. Sets forth notification and reporting guidelines for a public accountant who detects illegal activities during the course of an audit. Limits such auditor's liability for complying with such guidelines. Establishes civil penalties for an auditor's noncompliance with this Act. Modifies the allocation of damages scheme to distinguish between primary degrees of responsibility and the application of proportionate liability. Directs the Commission to establish a Public Auditing Self-Disciplinary Board (the Board). Prohibits a public accounting firm from furnishing an accountant's report on any document required to be filed with the Commission unless it has registered with the Board. Requires the Board to establish guidelines for: (1) investigations and disciplinary proceedings against public accounting firms; and (2) criteria for certification of public accountant peer review organizations. Grants the Commission responsibility for oversight of the Board. Includes within Board jurisdiction a foreign public accounting firm that furnishes accountant's reports on any document required to be filed with the Commission.
United States · United States Congress · 18 January 1995
Private Property Owners Bill of Rights - Requires Federal agency heads to: (1) comply with applicable State and tribal government laws in implementing and enforcing the Endangered Species Act of 1973 (ESA) and the permitting program for dredged or filled material under the Federal Water Pollution Control Act (FWPCA); (2) administer and implement the Acts in a manner that least affects the private property owners' constitutional and other legal rights; (3) develop and implement rules and regulations for ensuring that such rights are protected when making any final decision that restricts the use of private property; (4) obtain the consent of the property owner and provide appropriate notice before entering privately-owned property in order to collect information on it; and (5) give the property owner an opportunity to review and dispute the data collected before using it to implement or enforce any of the Acts. Amends ESA and FWPCA to provide for administrative appeals of certain actions, including those related to the denial of permits and the imposition of administrative penalties. Entitles a private property owner deprived of $10,000, or 20 percent or more, of the fair market value of a portion of property as a consequence of a final qualified agency action to receive compensation upon request in accordance with specified guidelines. Amends ESA to require the Secretary of the Interior to notify all private property owners or lessees of property subject to a management agreement and provide an appropriate opportunity for their participation in such an agreement when the Secretary enters into it with any non-Federal person establishing restrictions on property use.
United States · United States Congress · 12 January 1995
Regulatory Transition Act of 1995 - Establishes a moratorium on Federal regulatory rulemaking actions from November 9, 1994, through June 30, 1995, with certain emergency exceptions for presidentially designated imminent threats to health or safety, or actions necessary for enforcement of criminal laws. Suspends until July 1, 1995, starting 30 days after enactment of this Act, the effectiveness of any such action taken after November 9, 1994, but before enactment of this Act. Requires the President to inventory and publish in the Federal Register a list of all covered regulatory rulemaking actions pending on the date of enactment of this Act. Authorizes civil actions by anyone adversely affected by any conduct of a Federal agency in violation of this Act.
United States · United States Congress · 12 January 1995
Rural Emergency Access Care Hospital Act of 1995 - Amends title XVIII (Medicare) of the Social Security Act to: (1) permit certain rural hospitals to serve as rural emergency access care hospitals; and (2) provide for coverage of rural emergency access care hospital services under Medicare part B.
United States · United States Congress · 11 January 1995
Farm, Ranch, and Homestead Protection Act of 1995 - Amends the Endangered Species Act of 1973 to prohibit the Secretary of the Interior, until the Act's reauthorization, from: (1) determining that a species is an endangered or threatened species; or (2) designating a species habitat as a critical habitat. Exempts Federal agencies, until the Act's reauthorization, from complying with specified requirements, including: (1) carrying out programs for the conservation of threatened and endangered species; and (2) insuring that Federal actions are not likely to jeopardize the continued existence of endangered or threatened species or result in the destruction of habitat.
United States · United States Congress · 4 January 1995
Lost Creek Land Exchange Act of 1995 - Directs the Secretary of Agriculture to acquire certain lands owned by the Brand S Corporation and located in the Lost Creek area of the Deerlodge National Forest and within the Gallatin National Forest (to be added to and administered as part of such National Forests) in exchange for certain lands within such National Forests and specified timber rights on Deerlodge National Forest lands. Exempts the Wineglass Tract from such exchange unless measures are in place to protect the scenic, wildlife, and open space values of the Tract. Directs the Secretary to improve legal public road access to Gallatin National Forest System lands between West Pine Creek and Big Creek. Prohibits the Secretary from acquiring lands under this Act if it is determined that such lands have become contaminated with hazardous substances. Releases the United States from any responsibility or liability with respect to hazardous wastes or other substances placed on any of the lands covered by this Act after their transfer to the ownership of another party. Provides that nothing in this Act shall be construed as either diminishing or increasing any U.S. responsibility or liability based on the condition of such lands on the date of such transfer.
United States · United States Congress · 4 January 1995
Legislative Line Item Veto Act of 1995 - Amends the Congressional Budget and Impoundment Control Act of 1974 to grant the President legislative line item veto rescission authority. Authorizes the President to rescind all or part of any budget authority, if the President determines that such rescission: (1) would help balance the Federal budget, reduce the Federal budget deficit, or reduce the public debt; (2) will not impair any essential Government functions; and (3) will not harm the national interest. Makes such a rescission effective unless the Congress, during a review period, enacts a rescission disapproval bill.
United States · United States Congress · 4 January 1995
TABLE OF CONTENTS: Title I: Legislative Accountability and Reform Title II: Regulatory Accountability and Reform Title III: Review of Unfunded Federal Mandates Title IV: Judicial Review Unfunded Mandate Reform Act of 1995 - Prohibits the application of this Act to any proposed Federal legislation or proposed or final Federal regulation that: (1) enforces the constitutional rights of individuals; (2) establishes or enforces any statutory rights that prohibit various specified types of discrimination; (3) requires compliance with accounting and auditing procedures with respect to grants or other money or property provided by the Federal Government; (4) provides for emergency assistance or relief at the request of any State, local, or tribal government (small government); or (5) is designed as emergency legislation or is necessary for national security or international treaty purposes. Requires each Federal agency to provide to the Director of the Congressional Budget Office (CBO) such information and assistance as the Director may reasonably request to assist him or her in carrying out this Act. Title I: Legislative Accountability and Reform - Amends the Congressional Budget and Impoundment Control Act of 1974 and the Congressional Budget Act of 1974 with respect to unfunded Federal mandates. (Sec. 101) Includes tribal governments and the private sector within the purview of mandate analysis by CBO and congressional committees. Requires authorization committees to identify to CBO any Federal mandates in legislation ordered to be reported. Requires the report accompanying any reported legislation with a Federal mandate to contain statements on whether the legislation is intended to preempt any State, local, or tribal law (and the reasons for such intention), as well as individual mandate descriptions, cost-benefit analyses, and statements regarding Federal financial assistance to State, local, and tribal governments for meeting mandate costs. Requires the CBO Director, for each piece of legislation, to prepare and submit the authorizing committee certain statements estimating the direct costs of mandate compliance and the amount of new or increased Federal financial assistance needed to meet such costs, if the estimates indicate at least a $50 million per fiscal year direct cost of all intergovernmental mandates in the legislation, or a $200 million per fiscal year direct cost of private sector mandates. Makes it out of order for the Senate to consider: (1) any reported nonappropriations legislation unless it has a CBO Director report; or (2) any reported nonappropriations legislation containing a Federal intergovernmental mandate with direct costs exceeding the thresholds specified by this Act, unless it provides for new or increased budget, entitlement, or direct spending authority or makes other specified arrangements for each fiscal year to ensure that Federal funds equal or exceed the estimated direct costs of the mandate, or that State, local, and tribal programmatic and financial responsibilities are reduced so they do not exceed the amount of Federal funding. Gives the House Committee on Government Reform and Oversight and the Senate Committee on Governmental Affairs final authority to determine questions on the applicability of this Act to pending bills, joint resolutions, amendments, motions, or conference reports. Requires the direct costs of a Federal mandate for a fiscal year to be determined based on estimates by congressional budget committees. Provides that it shall not be in order in the House of Representatives to consider a rule or order waiving application of these provisions to a bill or joint resolution reported by an authorization committee. (Sec. 102) Amends House rules with regard to the Committee of the Whole and Committee on Rules: (1) to make it always in order in the former to strike from the portion of any bill open to amendment any Federal mandate whose direct costs exceed the prescribed threshold; and (2) to require the latter to include in its reports on waived points of order a separate item identifying all waivers of points of order relating to Federal mandates. (Sec. 103) Provides that, at the request of any congressional committee, the CBO Director shall: (1) consult with and assist it in analyzing the budgetary or financial impact of any proposed legislation that may have a significant impact on the State, local, or tribal government involved or on the private sector; and (2) study any legislative proposal containing a Federal mandate. Requires the CBO Director to conduct continuing studies to enhance comparisons of budget outlays, credit authority, and tax expenditures. Requires any congressional committee that anticipates considering any legislative proposal establishing, amending, or reauthorizing any Federal program likely to have a significant impact on any State, local, or tribal government or on the private sector to include its views and estimates on that proposal to the applicable budget committee. (Sec. 104) Authorizes appropriations to CBO to carry out this Act. (Sec. 106) Repeals the State and Local Government Cost Estimate Act of 1981. Title II: Regulatory Accountability and Reform - Requires each Federal agency to: (1) assess the effects of Federal regulations on State, local, and tribal governments (other than to the extent that such regulations incorporate requirements specifically set forth in legislation) and the private sector, including specifically the availability of resources to carry out any Federal mandates in those regulations; and (2) seek to minimize those burdens that uniquely or significantly affect such governmental entities, consistent with achieving statutory and regulatory objectives. (Sec. 201) Directs each agency to permit elected officials and other representatives of State, local, and tribal governments to provide meaningful and timely input in the development of regulatory proposals containing significant Federal mandates. Requires each agency: (1) before establishing regulatory requirements, to develop plans for notifying small governments of such requirements; and (2) before promulgating any final rule that includes any Federal intergovernmental mandate that may result in State, local, or tribal government and private sector expenditures, in the aggregate, of $100 million or more in any one year, to prepare a written statement of specified estimates and analyses for forwarding to the CBO Director. Authorizes appropriations. (Sec. 204) Directs the Director of the Office of Management and Budget to establish pilot programs in at least two agencies to test innovative approaches to reducing reporting and compliance burdens on small governments. Title III: Review of Unfunded Federal Mandates - Establishes the Commission on Unfunded Federal Mandates to investigate and review the role of unfunded Federal mandates in intergovernmental relations and their impact on local, State, and Federal government objectives and responsibilities. Requires the Commission to make recommendations to the President and the Congress with regard to: (1) consolidating or simplifying unfunded Federal mandates in order to facilitate compliance by State, local, and tribal governments, especially with respect to specific mandates for which the terms of compliance are unnecessarily rigid or complex; (2) terminating unfunded mandates which are duplicative, obsolete, or lacking in practical utility; and (3) temporarily suspending those unfunded mandates which are not vital to public health and safety and which compound the fiscal difficulties of State, local, and tribal governments. (Sec. 307) Authorizes appropriations. Title IV: Judicial Review - Disallows judicial review under this Act.
United States · United States Congress · 4 January 1995
Private Property Rights Restoration Act - Grants the owner of real property a cause of action against the United States if: (1) the application of a statute, regulation, rule, guideline, or policy of the United States restricts, limits, or otherwise infringes a right to real property that would otherwise exist; and (2) such application would result in a discrete and non-negligible reduction in the fair market value of the affected portion of real property. Specifies that a prima facie case shall be established if the Government action results in a temporary or permanent diminution of fair market value of the affected portion of real property of the lesser of 25 percent or more, or $10,000 or more. Sets forth provisions regarding: (1) jurisdiction; (2) recovery amount; (3) a public nuisance exception; (4) award of costs to a prevailing plaintiff; and (5) the applicable statute of limitations.
United States · United States Congress · 4 January 1995
Amends the Internal Revenue Code to apply the special treatment of livestock sold or involuntarily converted on account of drought conditions also to livestock sold or converted because of flood or other weather-related conditions.
United States · United States Congress · 4 January 1995
Amends the Internal Revenue Code to allow a taxpayer reporting on the cash receipts and disbursements method of accounting to elect to include in income crop insurance proceeds and disaster payments in the year of the disaster or in the following year.
United States · United States Congress · 4 January 1995
Directs the Secretary of the Treasury to pay a specified sum to a named individual in settlement of a claim for injuries sustained by such individual while fighting the Pryor Gap fire.
United States · United States Congress · 4 January 1995
Private Property Rights Act of 1995 - States that the Congress declares that the Federal Government should protect the health, safety, and welfare of the public and, in doing so, to the extent practicable, avoid takings of private property. Directs Federal agencies to complete a private property taking impact analysis before issuing or promulgating any policy, regulation, proposed legislation, or related agency action which is likely to result in a taking of private property. Exempts from such requirement certain: (1) actions in which the power of eminent domain is formally exercised; (2) any action taken with respect to property held in trust by the United States or in connection with treaty negotiations; (3) law enforcement actions; (4) communications between a Federal agency and a State or local land-use planning agency about a proposed State or local activity regulating private property; (5) military activities or military or foreign affairs functions; and (6) emergencies involving immediate threats to health or safety. Requires that the policies, regulations, and public laws of the United States be interpreted and administered in accordance with the policies under this Act. Specifies the content of such an analysis and requires a copy to be transmitted to the owner of the affected property, as well as made available to the public. Requires each agency to provide the analysis required by this Act as part of any submission otherwise required to be made to the Office of Management and Budget (OMB) in conjunction with the proposed regulation. Directs the Attorney General to provide legal guidance in a timely manner, in response to a request by an agency, to assist it in complying with this Act. Requires annual reports by each agency to the OMB Director and Attorney General identifying each agency action that has resulted in the preparation of a taking impact analysis, the filing of a taking claim, or an award of compensation pursuant to the Just Compensation Clause of the Fifth Amendment to the Constitution. Creates a rebuttable presumption that unmodified analyses five years or older are outdated for purposes of any agency action or administrative or judicial proceeding.
United States · United States Congress · 4 January 1995
TABLE OF CONTENTS: Title I: Retirement Savings Incentives Subtitle A: Restoration of IRA Deduction Subtitle B: Nondeductible Tax-Free IRAs Title II: Penalty-Free Distributions Title III: Aid to Families with Dependent Children Savings and Investment Incentive Act of 1995 - Title I: Retirement Savings Incentives - Subtitle A: Restoration of IRA Deduction - Amends the Internal Revenue Code to restore the deduction for individual retirement plans (IRAs). Provides a phase-up of income limits (from 1995 through 1998) with respect to the limitation on the deductibility of contributions to IRAs by active participants in employer-maintained plans. Removes the spousal rule from such limitation. Terminates income limits after December 31, 1998. Provides an inflation adjustment for deductible amounts after 1995. Allows certain spouses a full deduction for contributions to an IRA. Makes certain coins and bullion ineligible as collectible investments for purposes of distributions from an IRA. Coordinates the limit on such deduction with the elective deferral limit under other pension provisions. Subtitle B: Nondeductible Tax-Free IRAs - Allows individuals to establish individual retirement plus (IRA plus) accounts with tax treatment similar to that for individual retirement plans. Makes contributions to such accounts nondeductible. Excludes distributions from such accounts from the gross income of the distributee, if the assets remain in such accounts for at least five years. Allows qualified transfers to be made to such accounts. Establishes penalties for early withdrawals and excess contributions. Title II: Penalty-Free Distributions - Allows distributions from certain retirement plans without penalty to purchase first homes, pay higher education expenses and financially devastating medical expenses, and assist certain unemployed individuals. Title III: Aid to Families with Dependent Children - Amends part A (Aid to Families with Dependent Children) (AFDC) of title IV of the Social Security Act to exclude from AFDC eligibility determinations certain income and resources that are to be used for education, training, and employability purposes. Requires the Secretary of Health and Human Services to report to specified congressional committees on the use of qualified asset accounts. Requires the Secretary to report to the Congress on a revision of the AFDC limit on automobiles in order to increase the employability of AFDC recipients.
United States · United States Congress · 4 January 1995
Constitutional Amendment - Requires a balanced Federal budget, unless a three-fifths roll call vote of both Houses of Congress provides for a specific excess of outlays over receipts. Prohibits an increase in the public debt limit except by a three-fifths roll call vote by both Houses of Congress. Requires the President to submit a balanced budget to the Congress. Prohibits any bill increasing revenue from becoming law unless approved by a majority roll call vote of both Houses.
United States · United States Congress · 1 December 1994
Requests that the Secretary of the Interior: (1) immediately withdraw a proposed rule regarding rights-of-way across lands administered by the Bureau of Land Management, the National Park Service, and the U.S. Fish and Wildlife Service; and (2) reissue such proposed rule for public review and comment only after consulting with specified congressional committees and after revising such proposed rule to adequately reflect and comply with all pertinent laws, executive orders, rules, and historical and legal precedent.
United States · United States Congress · 6 October 1994
Revises rule XXXV of the Standing Rules of the Senate to prohibit any Member, officer, or employee of the Senate (Member) from accepting a gift, knowing that such gift is provided by a lobbyist, a registered lobbyist under the Federal Regulation of Lobbying Act, a lobbying firm, or an agent of a foreign principal. Sets forth provisions regarding what: (1) constitutes a prohibited gift (including anything provided by a lobbyist which is paid for, charged to, or reimbursed by a client or firm of such lobbyist, certain charitable contributions or other payments by a lobbyist relating to a retreat sponsored by or affiliated with an official congressional organization); and (2) does not constitute a gift (including anything for which the recipient pays the market value, anything the recipient does not use and promptly returns to the donor, food or refreshments of nominal value offered other than as part of a meal, and pension and other benefits resulting from continued participation in an employee welfare and benefits plan maintained by a former employer). Sets forth provisions regarding gifts given for a nonbusiness purpose, motivated by family relationship or close personal friendship (generally permitted). Prohibits any Member from knowingly accepting a gift from any other person except as provided in this rule. Lists circumstances where such restrictions shall not apply. Considers a gift to the spouse or dependent of a Member to be a gift to such Member if given with the knowledge and acquiescence of, and with reason to believe the gift was given because of official position as, a Member. Permits Members to accept: (1) offers of free attendance at a widely attended convention, symposium, reception, or similar event, subject to specified requirements; and (2) a sponsor's unsolicited offer of free attendance at a charity event, except for reimbursement for transportation and lodging in connection with the event. Directs the Select Committee on Ethics to provide guidance setting forth reasonable steps that may be taken by Members, with a minimum of paperwork and time, to prevent the acceptance of prohibited gifts from lobbyists.
United States · United States Congress · 4 October 1994
Sheep Promotion, Research, and Information Act of 1994 - Directs the Secretary of Agriculture to issue a sheep and wool promotion, research, education, and information order. Includes in such order: (1) establishment of a National Sheep Promotion, Research, and Information Board; and (2) assessment of fees. Provides for approval referenda among producers, feeders, and importers. Authorizes appropriations.
United States · United States Congress · 29 September 1994
TABLE OF CONTENTS: Title I: Amendments to the Minority Small Business and Capital Ownership Development Title II: Contracting Program for Certain Small Business Concerns Title III: Expanding Subcontracting Opportunities Title IV: Repeals and Technical Amendments Title V: Definitions Title VI: Regulatory Implementation and Effective Dates Business Development Opportunity Act of 1994 - Title I: Amendments to the Minority Small Business and Capital Ownership Development Program - Part A: Program Organization and Participation Standards - Amends the Small Business Act to replace certain provisions regarding the minority small business and capital ownership development program with those establishing a Minority Enterprise Development Program. (Sec. 101) Requires the Program to consist of a Business Creation Phase, a Business Development Phase, and a Business Development (Preferential Contracting) Phase. Provides that only firms participating in the last phase shall be eligible for awards of Federal contracts and refers to such firms as Program participants. Permits firms to participate in the preferential contracting phase for up to nine years. (Sec. 103) Expands the definition of "socially and economically disadvantaged business concern" to include all Indian tribes and Native Hawaiian organizations for purposes of such Program. (Currently, such definition only includes economically disadvantaged Indian tribes and Native Hawaiian organizations.) (Sec. 104) Prohibits an applicant from being denied admission into the Program based solely on a determination that the participant has not been in operation for a period of time specified by the Small Business Administration (SBA) if the firm meets specified requirements, including demonstrations of business management and technical expertise, adequate capital, and ability to meet contract requirements. (Sec. 106) Directs the SBA Administrator to develop an action plan for improving participation in the Program by firms across the nation. Part B: Business Development Assistance - Removes conditions on the use of working capital provided under loan assistance programs for Program participants. (Sec. 113) Revises conditions regarding exemptions from surety bond requirements for Program participants. Authorizes Federal agencies with contracting authority to grant such an exemption if: (1) the Program participant provides certification that the firm was unable to obtain the requisite bonding from corporate surety bonding firms even with an SBA-issued guarantee; (2) the participant has provided for the protection of persons furnishing materials or labor under the contract pursuant to specified conditions; and (3) the award value of the contract for which the exemption is sought does not exceed $1 million (currently, $3 million). Terminates such authority after FY 1997. (Sec. 115) Authorizes financial assistance for business executive education programs conducted by institutions of graduate business education for owners or managers of small business concerns owned by socially and economically disadvantaged individuals. (Sec. 116) Establishes a Developmental Teaming Program within the Program to encourage the formation of teaming arrangements and long-term strategic business alliances between firms participating in the Program and Program graduates. Part C: Improving Access to Equity for Program Graduates - Provides that Program participants shall remain eligible for participating in the Program after a transfer of an ownership interest in the firm if ownership and control is: (1) retained by the socially and economically disadvantaged individuals upon whom Program eligibility is based; or (2) acquired by a small business owned and controlled by such individuals who have graduated from the Program or exited the Program through a means other than a termination proceeding. Permits Program participants that are tribally owned corporations to remain eligible for participation with other than a Native American as the firm's chief executive officer if the tribe certifies that it was unable to hire a qualified Native American after conducting national recruitment. Part D: Contract Award and Eligibility Matters - Removes existing provisions regarding contracts and subcontracts to disadvantaged small businesses. (Sec. 131) Directs the SBA to ensure that contracts sufficient to satisfy the contract support levels identified by Program participants are designated by Federal agencies for award. Requires the award of contracts to be made on a noncompetitive basis and at fair market prices. (Sec. 132) Revises contract eligibility provisions with respect to Program participants. (Sec. 133) Authorizes the Associate Administrator for Minority Enterprise Development to permit the noncompetitive award of contracts to Program participants to exceed certain amounts subject to certain conditions. (Sec. 135) Provides that the forecasts of overall business activity contained in the business plans of Program participants or estimates contained in contract support levels shall not be used by the SBA to determined that a firm is ineligible for a contract. (Sec. 137) Requires the SBA to promulgate regulations to eliminate regulatory limitations on self-marketing by Program participants. Part E: Tribally Owned Corporations - Authorizes contracts to be awarded to joint ventures owned and controlled by Program participants, notwithstanding the size status of such a joint venture, if the participant: (1) is owned and controlled by an Indian tribe; (2) owns at least 51 percent of the joint venture; (3) is located and performs most of its activities on the Indian reservation; and (4) employs members of such tribe for at least 50 percent of the work force of the joint venture. Prohibits such contracts if the tribe owns and controls one or more participants who are currently joint venturers on more than five of such contracts. Part F: Contract Administration Matters - Directs Federal agencies awarding contracts to disadvantaged small businesses to make reasonable efforts to respond to requests by contracting officers with respect to contract administration matters. Requires such agency, upon the request of a Program participant, to make alternative dispute resolution available. Part G: Program Administration - Requires Program participants to report specified information annually (currently, semiannually) to a Business Opportunity Specialist. Title II: Contracting Program for Certain Small Business Concerns - Part A: Civilian Agencies Program - Authorizes executive agencies, for purposes of attaining goals for the participating of disadvantaged small businesses, to enter into contracts using: (1) less than full and open competition by restricting competition for awards to such businesses; and (2) a price evaluation preference, of up to ten percent, when evaluating an offer received from a small business as the result of an unrestricted solicitation. (Sec. 202) Requires the Federal Acquisition Regulation (FAR) to be amended to provide uniform implementation of such procedures by such agencies. Includes within the FAR: (1) conditions for the use of advance payments; (2) provisions for accelerated payment for contract work and full payment for work performed; (3) guidance on how contracting officers may provide a reasonable advantage to disadvantaged small businesses without eliminating any participation of other small businesses; (4) procedures for a person to request a Federal agency to determine whether the use of competitions restricted to disadvantaged small businesses at a contracting activity has caused a particular industry category to bear a disproportionate share of the contracts awarded to attain the goal established for such activity; and (5) guidance for limiting the use of restricted competitions in cases where such an industry is caused to bear a disproportionate share of the contracts. Part B: Eligibility Determinations Regarding Status - Authorizes protests to be brought regarding a self-certification by a business regarding its status as a disadvantaged small business in cases where such certification is believed to be false. (Sec. 211) Requires the Office of Hearings and Appeals to hear appeals regarding such status. Imposes penalties against firms engaged in a pattern of misrepresentation. Title III: Expanding Subcontracting Opportunities - Sets forth provisions regarding subcontracting by small and disadvantaged small businesses. (Sec. 302) Requires disadvantaged small businesses to negotiate a subcontracting plan for the use of emerging disadvantaged small businesses under certain circumstances. (Sec. 304) Authorizes the publication of notices of subcontracting opportunities in the Commerce Business Daily. Title IV: Repeals and Technical Amendments - Part A: Repeals - Repeals specified expired and superseded provisions of the Small Business Act and the Business Opportunity Development Reform Act of 1988. Part B: Technical Amendments - Revises goals for the percentage of procurement contracts to be awarded to small and disadvantaged small businesses. Title V: Definitions - Revises specified definitions and defines "emerging small business concern." Title VI: Regulatory Implementation and Effective Dates - Part A: Assuring Timely Regulatory Implementation - Sets forth deadlines for the issuance of specified amendments to the FAR or SBA regulations. Part B: Effective Dates - Provides that this Act shall take effect upon enactment, except with respect to provisions requiring the issuance of regulations.
United States · United States Congress · 29 September 1994
National Recreational Trails Act of 1994 - Amends the Intermodal Surface Transportation Efficiency Act of 1991 to revise State eligibility requirements with respect to national recreational trails funding to require States to agree to expend a specified amount from non-Federal sources for such trails. Repeals the current requirement that States imposing a tax on nonhighway recreational fuels reserve a reasonable estimation of such tax revenues for recreational trail use. Allows the use of certain administrative expenditures from the National Recreational Trails Trust Fund for contracting for services with other land management agencies. Limits to one the number of national surveys of non-highway recreational fuel consumption by State that may be paid for out of such Fund. Requires States, in the mandatory use of specified amounts from such Fund for motorized or non-motorized recreation, to give priority, to the extent practicable, to project proposals that provide for the redesign, reconstruction, maintenance, or relocation of trails in order to mitigate the impact to the natural environment. Authorizes States to apply for exemption from motorized or non-motorized recreation fund use requirements if they have determined, based on trail needs identified in the Statewide Comprehensive Outdoor Recreation Plan, that it is in their best interests to be exempt. Authorizes appropriations. Increases from 11 to 12 the number of members of the National Recreational Trails Advisory Committee. Requires such committee to include one member appointed by the Secretary of the Interior representing individuals with disabilities. Rescinds specified unobligated FY 1994 appropriations.
United States · United States Congress · 23 September 1994
TABLE OF CONTENTS: Title I: Reform of Baseline Budget Title II: Changes in Discretionary Spending Limits Title III: Expedited Rescissions and Targeted Tax Benefits Title IV: Treatment of Emergency Spending Common Cents Budget Reform Act of 1994 - Title I: Elimination of Baseline Budgeting - Baseline Budgeting Reform Act of 1994 - Amends the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings) with respect to the baseline to remove requirements for inflation adjustments, except for purposes of adjusting discretionary spending limits. Removes the requirement that adjustments made for expiring housing contracts be sequential and cumulative. Requires the President's budget to include: (1) estimated expenditures and appropriations for the current year; (2) new budget authority in budget outlay comparisons; and (3) a certain comparison of levels of estimated expenditures and proposed appropriations that includes the proposed increase or decrease in spending in percentage terms. Amends the Congressional Budget Act of 1974 to make conforming changes to the development of the concurrent resolution on the budget. Amends the Congressional Budget Act of 1974 to require the Congressional Budget Office to include in reports to budget committees certain current year comparisons and a table on sources of spending growth under current law in total mandatory spending for the budget year and the ensuing four fiscal years. Requires the Director of the Congressional Budget Office to report annually to the Congress on all programs and activities with permanent or indefinite spending authority or those programs for which budget authority is not provided for in advance by appropriation Acts. Title II: Changes in Discretionary Spending Limits - Guaranteed Spending Cut Act of 1994 - Reduces discretionary spending limits for new budget authority for any fiscal year by the amount in the Deficit Reduction Account. Requires each appropriation or rescission bill to contain a Deficit Reduction Account containing amounts resulting from reduced spending. Title III: Expedited Rescissions and Targeted Tax Benefits - Modified Line Item Veto/Expedited Rescission Act of 1994 - Amends the Congressional Budget and Impoundment Control Act of 1974 to provide for the expedited consideration of proposed rescissions of budget authority or repeals of targeted tax benefits. Title IV: Treatment of Emergency Spending - Emergency Appropriations Integrity Act of 1994 - Limits emergency appropriations and legislation to the matter of emergency. Allows such a statute to contain rescissions of budget authority or provisions that reduce spending. Makes it out of order in the House of Representatives or the Senate to consider any bill or joint resolution containing an emergency designation, if the legislation provides an appropriation for any other item or matter.
United States · United States Congress · 22 September 1994
Forest Health Act of 1994 - Directs the Secretary of Agriculture to carry out specified forest restoration activities on Federal lands in the West that were adversely affected by wildfires.
United States · United States Congress · 21 September 1994
Expresses the sense of the Senate that the President should issue an Executive order to promote and expand Federal assistance to Indian institutions of higher education and foster advancement of the National Education Goals in the Goals 2000: Educate America Act for Indians.
United States · United States Congress · 14 September 1994
Conservation Reserve Program Extension Act of 1994 - Amends the Food Security Act of 1985 to: (1) reauthorize the conservation reserve program; and (2) revise contract acceptance criteria.
United States · United States Congress · 13 September 1994
Crime Control Improvement Act of 1994 - Amends the Violent Crime Control and Law Enforcement Act of 1994 (the Act) to eliminate the Model Intensive Grant Program, the Local Partnership Grant Program, the Local Crime Prevention Block Grant Program, the Family and Community Endeavor Schools Program, the Community-Based Justice Grant Program, the Urban Recreation Program, the At-Risk Youth Program, the Police Recruitment Program, the National Community Economic Partnership Program, the Community Schools Program, the Ounce of Prevention Program, the Gang Resistance Education and Training Program, the Drug Courts Program, and the Family Unity Demonstration Project. Revises the Act to authorize the Attorney General to make grants to construct, expand, modify, operate, or improve conventional prisons (currently, correctional facilities). Repeals provisions regarding the transfer of unused funds. Increases Federal mandatory minimum sentences for using or carrying a firearm during and in relation to a crime of violence or drug trafficking crime, employing minors in drug trafficking, and selling illegal drugs to minors. Bars the court from placing on probation or suspending the sentence of any person convicted of such offenses. Amends the Immigration and Nationality Act to expand the definition of "aggravated felony." Authorizes the Attorney General to issue a final order of deportation against any alien who was not lawfully admitted for permanent residence, or who had permanent resident status on a conditional basis, whom the Attorney General determines to be deportable under provisions relating to conviction of an aggravated felony. Limits judicial review of such determinations. Provides for deportation of permanent resident aliens under specified circumstances. Grants a U.S. district court jurisdiction to enter a judicial order of deportation at the time of sentencing against an alien whose criminal conviction causes such alien to be deportable if requested prior to sentencing by the U.S. Attorney. Restricts defenses to deportation. Enhances penalties for failing to depart or reentering after a final order of deportation. Limits collateral attacks on deportation orders. Directs the Attorney General to operate a criminal alien tracking center. Authorizes appropriations. Revises provisions of the Act pertaining to the non-application of mandatory minimum sentences in certain cases involving nonviolent drug offenses. Expresses the sense of the Congress that all grants authorized under the Act and not required to be distributed according to a formula prescribed by law shall be distributed in a fair and equitable manner that ensures that rural States receive a fair and proportional share of the funds.
United States · United States Congress · 19 August 1994
Private Property Rights Restoration Act - Grants the owner of real property a cause of action against the United States if: (1) the application of a statute, regulation, rule, guideline, or policy of the United States restricts, limits, or otherwise infringes a right to real property that would otherwise exist; and (2) such application would result in a discrete and non-negligible reduction in the fair market value of the affected portion of real property. Specifies that a prima facie case shall be established if the Government action results in a temporary or permanent diminution of fair market value of the affected portion of real property of the lesser of 25 percent or more, or $10,000 or more. Sets forth provisions regarding: (1) jurisdiction; (2) recovery amount; (3) a public nuisance exception; (4) award of costs to a prevailing plaintiff; and (5) the applicable statute of limitations.
United States · United States Congress · 19 August 1994
Missing Service Personnel Act of 1994 - Requires the military commander of the unit, facility, or area to which the following persons are assigned to conduct an investigation as to their whereabouts after receiving factual information that their status is uncertain: (1) military personnel who disappear during a period of war, national emergency, or hostilities; and (2) any civilian Federal employee (including an employee of a Federal contractor) who serves with or accompanies an armed force in the field during such a period. Requires such persons to be placed in a missing status and requires notification of such status to either the officer having general court-martial authority over the person (for military personnel) or the Secretary of the military department employing such person (for civilian and contractor employees). Requires such officials to be kept informed (specifies deadlines) as to all information and inquiries concerning efforts to locate such missing personnel. Requires such officials to appoint a board to conduct an inquiry into the whereabouts and status of such persons. Provides for: (1) board composition, activities, and access to information; (2) inquiry proceedings (requiring the appointment of counsel, with specified duties, to represent the missing person); (3) a board recommendation as to the official status of a person following such an inquiry; (4) board reports to the officials involved as to board conclusions (prohibiting public availability of such reports for a one-year period); (5) report review by the official; (6) a report from such official to interested persons; and (7) an additional investigation and inquiry by an additional board upon receipt of new information within one year after the date of the first official notice of a person's disappearance. Allows interested persons (family members, dependents, next of kin) to participate at the proceedings of the board during such additional inquiry. Provides for the availability of appropriate information to board personnel conducting investigations and inquiries. Provides similar procedures for the second board with respect to meetings (open to the public, with exceptions), recommendations, reports, review by the Secretary of the military department concerned, and reports to interested persons. Requires a board to be reconvened when information becomes available that would directly lead to a determination of a person's status. Requires the Secretary concerned to appoint a board to conduct an inquiry as to the status of a missing person: (1) on or about three years after the first official notice of the disappearance of such person; and (2) not later than every three years thereafter until a total of 12 years after the first official notice. Provides for: (1) the release to a board by the Secretary concerned of all personnel file information concerning missing persons; (2) the treatment of classified information; (3) penalties for the wrongful withholding of information; (4) limited circumstances under which a board may recommend that a missing person be declared officially dead; (5) the submission by the board of appropriate information if such recommendation occurs; and (6) judicial review for interested persons of a board decision to declare a person officially dead. Provides for the appointment of a board to review the status of a person previously declared dead, with board procedures similar to those described above. Requires a person previously declared dead or in a missing status who is subsequently found alive to be paid for the full time of their absence.
United States · United States Congress · 10 August 1994
National Voter Opportunity To Inform Congress Effectively on Term Limits Act (VOICE Act) - Requires the Clerk of the House of Representatives and the Secretary of the Senate to certify to appropriate State agencies for inclusion on the 1994 general election ballot in each congressional district a national advisory referendum that asks whether the Congress should propose a constitutional amendment to limit the number of terms that a Member of Congress can serve in office. Requires each State to place such question on the ballot. Requires the results of each State's non-binding referendum on the advisory question to be certified by the State election agency to the Clerk of the House and the Secretary of the Senate in the manner and at the same time of the certification of election of Members of the Congress for the general election. Requires the House and Senate Judiciary Committees, in light of the non binding referendum results, to examine whether the Congress should propose an amendment to the Constitution providing for term limits and submit their recommendations for response to the Congress within six months after the general election. Requires the State election agencies to forward to the Clerk of the House and the Secretary of the Senate their comments or suggestions regarding changes or improvements in procedures for conducting national non-binding referenda in future general elections. Requires: (1) the costs of including the advisory question required by this Act to be reimbursed by the United States upon submission by the State election agency of the actual costs of conducting the non-binding referendum in the State; and (2) such reimbursements to be made from the franking accounts of the Congress divided equally between the two Houses. Makes the Clerk of the House and the Secretary of the Senate responsible for ensuring the proper application for and reimbursement of such expenses.
United States · United States Congress · 22 July 1994
Directs the Secretary of Agriculture, consistent with U.S. obligations to limit agricultural export subsidies under the Uruguay Round Agreement, to promote U.S. agricultural exports.
United States · United States Congress · 21 July 1994
TABLE OF CONTENTS: Title I: Retirement Savings Incentives Subtitle A: Restoration of IRA Deduction Subtitle B: Nondeductible Tax-Free IRAs Title II: Penalty-Free Distributions Title III: Aid to Families With Dependent Children Savings and Investment Incentive Act of 1994 - Title I: Retirement Savings Incentives - Subtitle A: Restoration of IRA Deduction - Amends the Internal Revenue Code to remove the limitation on the deductibility of contributions to individual retirement plans (IRAs) by active participants in employer-maintained plans, thereby restoring the IRA deduction. Provides an inflation adjustment after 1995. Allows certain spouses a full deduction for contributions to an IRA. Makes certain coins and bullion ineligible as collectible investments for purposes of distributions from an IRA. Subtitle B: Nondeductible Tax-Free IRAs - Allows individuals to establish individual retirement plus (IRA plus) accounts with tax treatment similar to that for individual retirement plans. Makes contributions to such accounts nondeductible. Title II: Penalty-Free Distributions - Allows distributions from certain retirement plans without penalty to purchase first homes, pay higher education expenses and financially devastating medical expenses, and assist certain unemployed individuals. Title III: Aid to Families with Dependent Children - Amends part A (Aid to Families with Dependent Children) (AFDC) of title IV of the Social Security Act to exclude from AFDC eligibility determinations certain income and resources that are to be used for education, training, and employability purposes. Requires the Secretary of Health and Human Services to report to the Congress on a revision of the AFDC limit on automobiles in order to increase the employability of AFDC recipients.
United States · United States Congress · 19 July 1994
Expresses the sense of the Congress that the President should refrain from signing, on behalf of the United States, the seabed mining agreement that will be open for signature on July 29, 1994, relating to the United Nations Convention on the Law of the Sea.
United States · United States Congress · 13 July 1994
Honors the 14 Federal fire fighters who died on July 6, 1994, for their heroic efforts to contain a fire on Storm King Mountain near Glenwood Springs, Colorado.