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United States · Official source
5,235 records where Sen. Domenici, Pete V. [R-NM] is listed as a sponsor, author, or other actor. Search with topics and years
United States · United States Congress · 10 March 1995
State and Local Volunteer Preservation Act - Amends the Fair Labor Standards Act of 1938 to suspend overtime compensation requirements when State or local government employees volunteer their services to their public agency employer and sign a legally binding waiver of such compensation or of compensatory time.
United States · United States Congress · 9 March 1995
Amends the Colorado River Basin Salinity Control Act to direct the Secretary of the Interior to implement a basinwide salinity control program. Authorizes the Secretary to carry out such program directly or through contracts, memorandums of agreement, grants, commitments for grants, or advances of funds to non-Federal entities. Specifies that such program shall: (1) consist of cost-effective measures and associated works to reduce salinity from saline springs, leaking wells, irrigation sources, industrial sources, erosion of public and private land, or other appropriate sources; and (2) provide for the mitigation of incidental fish and wildlife values that are lost as a result of such measures. Directs the Secretary to submit a planning report concerning the program to the appropriate congressional committees. Prohibits the Secretary from expending funds for any such implementation program before the expiration of 30 days after the Secretary submits such report. Authorizes appropriations.
United States · United States Congress · 9 March 1995
Exempts certain transmission line facilities associated with the El Vado Hydroelectric Project in New Mexico from the hydroelectric licensing provisions of part I of the Federal Power Act and from the jurisdiction of the Federal Energy Regulatory Commission.
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 · 7 March 1995
Regulatory Sunset and Review Act of 1995 - Provides that the effectiveness of a regulation issued by a Federal agency shall terminate on the applicable termination date (specified in this Act) unless the head of the agency: (1) reviews the regulation; (2) submits a preliminary report on findings and proposed recommendations; (3) reviews and considers comments regarding the preliminary report that are transmitted to the agency by the Administrator of the Office of Information and Regulatory Affairs in the Office of Management and Budget and by appropriate congressional committees; and (4) submits to the President, the Administrator, and the Congress and publishes a final report on the review and a notice extending the effectiveness of the regulation, with or without modifications, within a specified time frame. Sets forth termination dates of regulations (seven years after this Act's enactment for existing regulations, three years after the regulation takes effect for new regulations, and seven years after publication of a notice for an extension for a regulation that is extended under this Act). Provides for temporary extensions. Requires the head of each agency to: (1) conduct thorough and systematic reviews of all regulations issued by the agency to determine if those regulations are obsolete, inconsistent, or duplicative or impede competition; (2) issue reports on the findings of those reviews, with recommendations for terminating, extending, modifying, or consolidating regulations; and (3) solicit comments from the public (including the private sector) before making determinations and sending a report regarding a regulation. Sets forth provisions regarding: (1) criteria for review; (2) preliminary and final reports on reviews of regulations; (3) reports on the schedule for reviewing existing regulations; (4) functions of the Administrator; (5) designation of agency Regulatory Review Officers; and (6) judicial review.
United States · United States Congress · 27 February 1995
Commends Robert D. Reischauer for exemplary service to the Senate and his country.
United States · United States Congress · 24 February 1995
Designates March 25, 1995, as Greek Independence Day: A National Day of Celebration of Greek and American Democracy.
United States · United States Congress · 16 February 1995
Amends the Indian Child Protection and Family Violence Prevention Act to authorize appropriations for: (1) the Indian child abuse treatment grant program; (2) Indian child resource and family services centers; and (3) the Indian child protection and family violence prevention program.
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.
United States · United States Congress · 10 February 1995
Asset Conservation, Lender Liability, and Deposit Insurance Protection Act of 1995 - Amends the Federal Deposit Insurance Act to absolve Federal banking or lending agencies of liability under any law imposing strict liability for the release of hazardous substances (including petroleum) from property acquired in connection with: (1) receivership or conservatorship authority or the liquidation of an insured depository institution; (2) the provision of loans or other financial assistance; or (3) property received in a civil or criminal proceeding or administrative enforcement action. Extends such immunity to the first subsequent purchaser of property acquired from such an agency, except under certain conditions. Provides that such an agency that causes or contributes to a release may be liable for response actions under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA or Superfund) or under Subtitle I of the Solid Waste Disposal Act (provisions pertaining to underground storage tanks). Exempts such agencies from any law requiring them to grant covenants warranting that a response action has been, or will be, taken with respect to such acquired property. Amends CERCLA to limit liability under such Act and Subtitle I of the Solid Waste Disposal Act of insured depository institutions or other lenders in connection with property acquired through foreclosure, subject to a security interest, held by a lessor pursuant to an extension of credit, or subject to financial control pursuant to an extension of credit, to the actual benefit conferred on the institution or lender by a removal, remedial, corrective, or other response action undertaken by another party. Defines the "actual benefit" as the net gain realized by the institution or lender due to such action. Provides that institutions or lenders that caused or contributed to hazardous substance releases may be liable for response actions. Directs the Administrator to issue guidelines for such institutions and lenders to develop procedures to evaluate environmental risks that may arise from or at property prior to making an extension of credit secured by such property. Provides that the liability of a fiduciary that is liable under other CERCLA provisions or Subtitle I of the Solid Waste Disposal Act for releases in connection with property held in a fiduciary capacity may not exceed the assets held in such capacity that are available to indemnify the fiduciary. Makes fiduciaries potentially liable for response or corrective actions if they caused or contributed to a hazardous substance release. Lists additional conditions under which fiduciaries are exempted from liability. Makes liability provisions regarding fiduciaries inapplicable to Federal banking or lending agencies. Excludes from the definition of "owner or operator," for purposes of limiting liability under CERCLA, the United States, a Federal agency, or a conservator or receiver appointed by a Federal agency which acquired ownership of a facility or vessel in connection with receivership or conservatorship, forfeiture or seizure authority, or pursuant to a law specifying the property to be acquired, provided such entity does not participate in operations that result in a release. Excludes persons who did not participate in management of a vessel or facility prior to foreclosure (even if they engage in specified foreclosure, business, or response activities) from such definition as well. Includes underground storage tanks in the definition of "facility or vessel." Makes conforming amendments to the Solid Waste Disposal Act with respect to limitations on liability established by this Act.
United States · United States Congress · 7 February 1995
Rio Puerco Watershed Act of 1995 - Directs the Secretary of the Interior to: (1) establish a clearinghouse for research and information on management within the Rio Puerco Drainage Basin; (2) establish an inventory of best management practices and related monitoring activities that have been or may be implemented within the Rio Puerco Watershed Project; and (3) provide support to the Rio Puerco Management Committee to identify objectives, monitor results of ongoing projects, and develop alternative watershed management plans for the Rio Puerco Drainage Basin based on best management practices. Directs the Secretary to prepare a report of appropriate alternatives for the improvement of watershed conditions in the Rio Puerco Drainage Basin. Establishes the Rio Puerco Management Committee to: (1) advise the Secretary on the development and implementation of the management program; and (2) serve as a forum of information concerning the watershed and implementation of best management practices. Terminates the Committee ten years after the enactment of this Act. Directs the Secretary to: (1) report to specified congressional committees on the implementation of this Act; and (2) study and report to such committees on habitat conditions of the Rio Grande from Caballo Lake to Sunland Park, New Mexico. Authorizes appropriations.
United States · United States Congress · 2 February 1995
Comprehensive Regulatory Reform Act of 1995 - Amends Federal law to define "major rule" as a rule or a group of closely related rules that the proposing agency or the President determines is likely to have an annual effect on the economy of $50 million or more in reasonably quantifiable increased costs, or has a significant impact on a sector of the economy. (Sec. 2) Authorizes an agency proposing the rule or the President to designate as a major rule any rule or group of closely related rules which is likely to result in: (1) a substantial increase in costs or prices for wage earners, consumers, individual industries, nonprofit organizations, Federal, State, or local government agencies, or geographic regions; or (2) significant adverse effects on competition, employment, investment, productivity, innovation, the environment, public health or safety, or the ability of enterprises whose principal places of business are in the United States to compete in domestic or export markets. Requires each Federal agency, before publishing notice of proposed rulemaking for any rule, to determine whether the rule is or should be designated major. Requires the agency to issue at the time of the notice of proposed rulemaking a draft cost-benefit analysis which shall be summarized in such notice. Prohibits an agency from promulgating a rule unless it finds that: (1) the rule's potential benefits to society outweigh its costs; and (2) such rule will provide greater net benefits to society than reasonable alternatives, including certain market-based mechanisms. Subjects agency and presidential rule determinations or designations to judicial review. Authorizes any person subject to a major rule to petition the agency or the President to perform a cost-benefit analysis. Requires an agency, before a major rule can become final, to submit to the Congress a copy of the rule and a report containing a concise statement on the rule, a complete copy of the cost-benefit analysis, and the proposed effective date of the rule. Prohibits a rule from becoming final if the Congress passes a joint resolution of disapproval. Prohibits the promulgation of any rule that expands Federal jurisdiction beyond the level of regulatory action needed to satisfy statutory requirements. Requires a court reviewing a final agency action to affirm an agency's interpretation of the statute granting authority to promulgate the rule if, in applying traditional principles of statutory construction, it finds that the interpretation is clearly the interpretation of the statute intended by the Congress. Requires the President to: (1) establish procedures for agency compliance with this Act; and (2) monitor, review, and ensure such compliance. Authorizes an affected small entity to petition for the judicial review of a final rule with respect to which an agency: (1) has certified that it would not have a significant economic impact on a substantial number of small entities; or (2) prepared a final regulatory flexibility analysis.
United States · United States Congress · 2 February 1995
White Sands Fair Compensation Act of 1995 - Establishes in the Department of Defense (DOD) the White Sands Fair Compensation Commission. Provides for claims to the Commission for full compensation for the taking by DOD for use as the White Sands Missile Range of property of individuals who were engaged in ranching activities at the time of the taking or who possessed a mining claim in such property and who claim that the amount paid for such taking was not full compensation. Requires claims to be filed within 14 months after the enactment of this Act. Provides for: (1) Commission evaluation of claims; (2) rules for the valuation of real property involved; (3) priority in claim evaluation for individuals owning the property continuously from 1941 until the taking of the property in 1975; (4) appellate and notification procedures; and (5) payment by the Secretary of Defense of appropriate amounts to such individuals. Terminates the Commission 14 months after the completion of all evaluations. Authorizes appropriations for: (1) Commission activities; and (2) the payment of claims.
United States · United States Congress · 2 February 1995
Office of Indian Women and Families Act of 1995 - Establishes: (1) in the Department of the Interior the Office of Indian Women and Families; and (2) a temporary task force on Indian women and families. Authorizes appropriations.
United States · United States Congress · 1 February 1995
Declares that October 1996 should be designated as Roosevelt History Month.
United States · United States Congress · 31 January 1995
Equitable Health Care for Severe Mental Illnesses Act of 1995 - Declares that it is the policy of the United States that: (1) persons with severe mental illnesses must not be discriminated against in health care; and (2) health care coverage, provided through any financing, must provide for the treatment of severe mental illnesses in a way that is equitable and commensurate with that provided for other major illnesses. Requires health care coverage, in order to be considered nondiscriminatory and equitable under this Act, to cover services that are essential to the effective treatment of severe mental illnesses in a manner that: (1) is not more restrictive than coverage provided for other major physical illnesses; (2) provides adequate financial protection to the person requiring the medical treatment for a severe mental illness; and (3) is consistent with effective and common methods of controlling health care costs for other major physical illnesses.
United States · United States Congress · 26 January 1995
Amends the Internal Revenue Code to allow certain spouses a full deduction for contributions to an individual retirement account.
United States · United States Congress · 24 January 1995
Bisti-De-Na-Zin Wilderness Expansion and Fossil Forest Protection Act - Amends the San Juan Wilderness Protection Act of 1984 to incorporate additional lands in New Mexico into the Bisti/De-Na-Zin Wilderness. Withdraws such lands from all forms of appropriation under the mining laws and from disposition under laws pertaining to mineral and geothermal leasing and mineral material sales. Authorizes the Secretary of the Interior to issue coal leases in New Mexico in exchange for any preference right coal lease application on such lands after a determination has been made by the Secretary that the applicant is entitled to a preference right lease and that the exchange is in the public interest. Provides for the exchange of State and Navajo Indian lands located in the wilderness for other lands. Establishes the Fossil Forest Research Natural Area within New Mexico. Makes such area subject to the same withdrawal requirements and coal preference rights as the wilderness area designated under this Act. Prohibits livestock grazing in the Area. Directs the Secretary, acting through the Director of the Bureau of Land Management, to develop a baseline inventory of all categories of fossil resources within the Area and to conduct monitoring surveys. Requires the Secretary to submit a management plan for the Area to the Senate Committee on Energy and Natural Resources and the House Committee on Interior and Insular Affairs to include: (1) a plan for the implementation of a cooperative program with other agencies for laboratory and field interpretation and public education; (2) provisions for vehicle management; (3) procedures for the excavation and collection of fossil remains; and (4) mitigation and reclamation standards for activities that disturb the surface to the detriment of scenic and environmental values.
United States · United States Congress · 20 January 1995
Repeals specified prohibitions against political recommendations relating to Federal employment. Prohibits an individual concerned in examining an applicant for, or appointing an applicant in, the competitive service from receiving or considering a recommendation of the applicant by a Senator or Representative, except as to the applicant's character or residence. Prohibits any employee who has authority over any personnel action from soliciting or considering any recommendation with respect to any individual who is subject to such action unless such recommendation is based on the personal knowledge or records of the person furnishing it and consists of: (1) an evaluation of the work performance, ability, aptitude, or general qualifications of such individual; or (2) an evaluation of the character, loyalty, or suitability of such individual.
United States · United States Congress · 19 January 1995
Paperwork Reduction Act of 1995 - Amends the Paperwork Reduction Act of 1980 to: (1) extend its purview to educational and nonprofit institutions, Federal contractors, and tribal governments; (2) revise the authority and functions of the Office of Information and Regulatory Affairs (OIRA) in the Office of Management and Budget (OMB), specifying information dissemination and related agency oversight responsibilities; and (3) require OMB to conduct pilot projects to test alternative policies and procedures, and to develop a government wide strategic information resources management plan. Requires the OIRA Director to establish an Interagency Council on Statistical Policy. Requires each Federal agency to: (1) establish a process, independent of program responsibility, to evaluate proposed collections of information; (2) establish a permanent information resources management steering committee; and (3) ensure that the public has timely and equitable access to information products and services. Prohibits agencies, except where specifically authorized by statute, from: (1) establishing exclusive, restricted, or other distribution arrangements that interfere with timely and equitable public availability; (2) restricting or regulating the use, resale, or redissemination of public information by the public; (3) charging fees or royalties for resale or redissemination of public information; or (4) establishing user fees that exceed the cost of dissemination. Specifies actions agencies must take with respect to information technology. Replaces the Federal Information Locator System with an agency-based electronic Government Information Locator Service to identify the major information systems, holdings, and dissemination products of each agency. Reauthorizes appropriations for OIRA.
United States · United States Congress · 19 January 1995
TABLE OF CONTENTS: Title I: All-Payer Fraud and Abuse Control Program Title II: Revisions to Current Sanctions for Fraud and Abuse Title III: Administrative and Miscellaneous Provisions Title IV: Civil Monetary Penalties Title V: Amendments to Criminal Law Title VI: Payments For State Health Care Fraud Control Units Health Care Fraud Prevention Act of 1995 - Title I: All-Payer Fraud and Abuse Control Program - Directs the Secretary of Health and Human Services to establish: (1) an all-payer fraud and abuse control program; and (2) standards, including information standards and disclosure standards, to carry out such program. Authorizes appropriations. Establishes, to carry out such program, the Health Care Fraud and Abuse Account (the Account), which shall consist of gifts, bequests, deposits, and transfers under certain health care offenses provisions of specified Acts. (Sec. 102) Provides for the application to any health plan of specified health anti-fraud and abuse provisions of part A (General Provisions) of title XI of the Social Security Act. (Sec. 103) Directs the Secretary to annually solicit proposals for modification of, and modify, existing safe harbor rules. Permits any individual, at any time, to request a notice from the Inspector General (IG) which informs the public of practices which the IG considers to be suspect or of particular concern. (Sec. 104) Directs the Secretary to establish a program through which individuals entitled to Medicare benefits may confidentially report instances of suspected fraud. Title II: Revisions to Current Sanctions for Fraud and Abuse - Amends provisions of titles XI (General Provisions and Peer Review) and XVIII (Medicare) of the Social Security Act to: (1) provide for the mandatory exclusion of individuals with a felony fraud conviction from participation in Medicare and State health care programs; (2) establish a minimum period of exclusion for certain individuals and entities subject to permissive exclusion from Medicare and State health care programs; (3) provide for the permissive exclusion of individuals with ownership or control interest in sanctioned activities; (4) provide for a minimum period of exclusion for practitioners and individuals failing to meet statutory obligations; and (5) intermediate sanctions for Medicare health maintenance organizations. Title III: Administrative and Miscellaneous Provisions - Directs the Secretary to provide for the establishment of a national health care fraud and abuse data collection program for the reporting of final adverse actions against health care providers, suppliers, or practitioners. Title IV: Civil Monetary Penalties - Provides, under part A of title XI of the Social Security Act, for: (1) the payment of the portion of amounts recovered under provisions of this Act into the Account; and (2) an increase in the civil monetary penalty. Subjects an excluded individual retaining an ownership or controlling interest in a Medicare or State health care program to such penalty. Permits the Secretary to impose a penalty on any individual (including any organization, but excluding a beneficiary) who knowingly receives any kickback or bribe in return for making a referral or purchasing equipment in a Medicare or State health care program. Title V: Amendments to Criminal Law - Amends the Federal criminal code provisions: (1) relating to mail fraud, to impose a fine or imprisonment for up to ten years or both in the case of health care fraud; (2) to provide for the forfeiture of property in certain Federal health care offenses; (3) provide for injunctive relief as specified; (4) provides for fines or imprisonment or both in connection with Federal health care offenses; (5) establish a voluntary disclosure program in connection with Federal health care offenses; and (6) provide penalties for obstructions of criminal investigations of Federal health care offenses, theft or embezzlement in connection with health care, and the laundering of monetary instruments in connection with a Federal health care offense. Title VI: Payments for State Health Care Fraud Control Units - Directs the Governor of each State to establish and maintain a State agency to act as a State Health Care Fraud and Abuse Control Unit. Provides for specified Federal payments to the States for such 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 · 13 January 1995
Chacoan Outliers Protection Act of 1995 - Designates eight new outlying areas as Chaco Culture Archaeological Protection Sites associated with Chacoan Anasazi Indian culture in the San Juan Basin and surrounding areas of New Mexico and Colorado. Expands the boundaries and removes or reduces the acreage of certain existing Sites. Directs the Secretary of the Interior to: (1) use a combination of land acquisition authority and cooperative agreements to protect archeological resources at such sites as remain in private ownership; and (2) assist the Navajo Nation in the protection and management of such Sites as are located on lands of the Navajos through a grant, contract, or cooperative agreement entered into pursuant to the Indian Self-Determination and Education Assistance Act.
United States · United States Congress · 12 January 1995
Authorizes expenditures by the Senate Committee on the Budget for the 104th Congress.
United States · United States Congress · 10 January 1995
Designates February 2, 1995, and February 1, 1996, as National Women and Girls in Sports Day.
United States · United States Congress · 5 January 1995
Transfers without consideration a specified parcel of land within the Wheeler Peak Wilderness, Carson National Forest, to the Pueblo de Taos Reservation, New Mexico.
United States · United States Congress · 4 January 1995
Davis-Bacon Repeal Act - Repeals the Davis-Bacon Act (an Act which requires that the locally prevailing wage rate be paid to various classes of laborers and mechanics working under federally-financed or federally-assisted contracts for construction, alteration, and repair of public buildings or public works). Repeals the Copeland Act (an Act which requires certain payroll information reports from Federal contractors to prevent kickbacks).
United States · United States Congress · 4 January 1995
WTO Dispute Settlement Review Commission Act - Establishes the WTO Dispute Settlement Review Commission to review reports of dispute settlement panels or the Appellate Body of the World Trade Organization (WTO) in proceedings initiated by other WTO parties which are adverse to the United States and which are adopted by the Dispute Settlement Body. Requires the Commission to determine whether the panel or the Appellate Body: (1) exceeded its authority; (2) added to the obligations of or diminished the rights of the United States; (3) acted arbitrarily or capriciously, engaged in misconduct, or demonstrably departed from proper procedures; and (4) deviated, in its report, from the applicable standard of review. Requires the Commission, upon an affirmative determination on one or more of these questions, to further determine whether the action of the panel or the Appellate Body materially affected the outcome of its report. Requires the President, upon enactment of a joint resolution directing such action, to negotiate to amend or modify the rules and procedures of the Understanding on Rules and Procedures Governing the Settlement of Disputes with respect to any affirmative determinations submitted to the Congress concerning the action of a panel or the Appellate Body. Provides for a joint resolution withdrawing congressional approval of the WTO agreement, ending U.S. participation in the WTO, if such negotiations do not result in a satisfactory solution. Sets forth provisions governing the participation in WTO panel proceedings of private U.S. persons supportive of the U.S. Government position at issue.
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
Legislative Line Item Veto Act - Amends the Congressional Budget and Impoundment Control Act of 1974 to authorize the President to propose to the Congress the cancellation of any budget item provided in any Act. Authorizes the President to transmit a draft bill to the Congress with such a proposal, including the amount of each budget item designated for deficit reduction. Establishes expedited procedures in the Senate and the House of Representatives for consideration of such bill.
United States · United States Congress · 4 January 1995
TABLE OF CONTENTS: Title I: General Title II: Extension of Rights and Protections Part A: Employment Discrimination, Family and Medical Leave, Fair Labor Standards, Employee Polygraph Protection, Worker Adjustment and Retraining, Employment and Reemployment of Veterans, and Intimidation Part B: Public Services and Accommodations Under the Americans with Disabilities Act of 1990 Part C: Occupational Safety and Health Act of 1970 Part D: Labor-Management Relations Part E: General Part F: Study Title III: Office of Compliance Title IV: Administrative and Judicial Dispute-Resolution Procedures Title V: Miscellaneous Provisions Congressional Accountability Act of 1995 - Title I: General - Applies provisions of the following laws to the legislative branch: (1) the Fair Labor Standards Act of 1938 (FLSA); (2) Title VII of the Civil Rights Act of 1964; (3) the Americans with Disabilities Act of 1990 (ADA); (4) the Age Discrimination in Employment Act of 1967 (ADEA); (5) the Family and Medical Leave Act of 1993 (FMLA); (6) the Occupational Safety and Health Act of 1970 (OSHA); (7) provisions regarding Federal labor-management relations; (8) the Employee Polygraph Protection Act of 1988 (EPPA); (9) the Worker Adjustment and Retraining Notification Act (WARN); (10) the Rehabilitation Act of 1973; and (11) the Uniformed Services Employment and Reemployment Rights Act of 1994. Requires the Board of Directors (Board) of the Office of Compliance (established by this Act) to: (1) review provisions of Federal laws and regulations relating to the terms and conditions of employment (including protection from discrimination in personnel actions, occupational health and safety, and family, medical, and other leave) of employees and access to public services and accommodations; and (2) report on December 31, 1996, and biennially thereafter, on whether or to what degree such provisions are applicable or inapplicable to the legislative branch and if inapplicable whether they should be made applicable. Requires each report of a congressional committee accompanying any bill or joint resolution relating to terms and conditions of employment or access to public services or accommodations to: (1) describe the manner in which the provisions of the bill or joint resolution apply to the legislative branch; or (2) if the provisions do not apply, include a statement of the reasons why. Makes it out of order, on the objection of any Member, for the Senate or the House of Representatives to consider such bill or joint resolution if the report of the committee on the measure does not comply with this Act. Allows such requirement to be waived in either House by a majority vote of that House. Title II: Extension of Rights and Protections - Part A: Employment Discrimination, Family and Medical Leave, Fair Labor Standards, Employee Polygraph Protection, Worker Adjustment and Retraining, Employment and Reemployment of Veterans, and Intimidation - Requires all personnel actions affecting covered employees to be made free from any discrimination based on race, color, religion, sex, national origin, age, or disability. Defines a "covered employee" as an employee of the House, the Senate, the Capitol Guide Service, the Capitol Police, the Congressional Budget Office (CBO), the Office of the Architect of the Capitol (AOC), the Office of the Attending Physician, the Office of Compliance, or the Office of Technology Assessment (OTA). Makes available the remedies awarded under the Civil Rights Act of 1964, the ADEA, the Rehabilitation Act of 1973, and the ADA, as appropriate, for discrimination violations affecting covered employees. Amends the Civil Rights Act of 1964 and the ADEA to apply their protection and remedies to the Government Printing Office (GPO) and the General Accounting Office (GAO). Extends coverage under the ADA to GPO and GAO. Makes specified remedies and procedures set forth in the Civil Rights Act of 1964 available to any employee of an instrumentality of the Congress who alleges a violation of the rights and protections under the ADA, except that the authorities of the Equal Employment Opportunity Commission shall be exercised by the chief official of the instrumentality of the Congress. (Sec. 202) Applies the rights, protections, and remedies of the FMLA, EPPA, WARN (with regard to closures or mass layoffs), and veterans' employment and reemployment rights to covered employees, GAO, and the Library of Congress. Applies the FLSA to covered employees and GPO. Prohibits covered employees from receiving compensatory time in lieu of overtime compensation. Provides that nothing in this Act shall preclude the Capitol Police from using lie detector tests in accordance with prescribed regulations under this Act. (Sec. 207) Makes it unlawful for an employing office to intimidate, take reprisal against, or otherwise discriminate against, any covered employee for opposing any practice made unlawful by this Act, or for initiating proceedings, making charges, or testifying, assisting, or participating in any manner in a hearing or other proceeding under this Act. Provides that the remedy available for such violation shall be such legal or equitable remedy as would be appropriate. Part B: Public Services and Accommodations under the Americans with Disabilities Act of 1990 - Applies the rights and protections against discrimination in the provision of public services and accommodations under the ADA to the Senate, the House, congressional and joint committees, the Capitol Guide Service, the Capitol Police, CBO, AOC, the Office of the Attending Physician, the Office, and OTA. Makes available specified remedies awarded under the ADA, as appropriate, except that with respect to any claim of employment discrimination asserted by any covered employee, the exclusive remedy under this title shall apply. Describes procedures to remedy other ADA violations, including filing a charge with the General Counsel of the Office, mediation, and judicial review. Makes specified remedies and procedures under the Civil Rights Act of 1964 available to disabled visitors, guests, or patrons of instrumentalities of the Congress (GAO, GPO, and the Library) who allege violations under ADA provisions described by this part. Part C: Occupational Safety and Health Act of 1970 - Directs each employing office (including GAO and the Library) and covered employees to comply with OSHA. Requires the remedy for an OSHA violation to be an order to correct the violation. Establishes procedures for such remedies, including granting the General Counsel and the Board certain authorities exercised by the Secretary of Labor under OSHA. Part D: Labor-Management Relations - Applies Federal labor- management relations provisions to employing offices and covered employees. Grants the Board and the General Counsel specified authorities of the Federal Labor Relations Authority to enforce such provisions. Part E: General - Allows the hearing officer, Board, or court, as the case may be, to award attorney's fees, expert witness fees, and other costs as would be appropriate under the Civil Rights Act of 1964 to a covered employee with respect to a claim under this Act or a qualified person with a disability with respect to a claim under the ADA. Prohibits a civil penalty or punitive damages from being awarded with respect to any claim under this Act. Bars persons other than veterans from commencing an administrative or judicial proceeding to seek a remedy for the rights and protections afforded by this Act except as provided in this Act. Provides that only a covered employee who has undertaken and completed the employee counseling and mediation procedures described in this Act may be granted a remedy under Part A of this title. Part F: Study - Directs the Administrative Conference of the United States to study the application of the following laws to GAO, GPO, and the Library of Congress and the regulations and procedures used by such entities to apply and enforce such laws: (1) title VII of the Civil Rights Act of 1964; (2) the ADEA; (3) the ADA; (4) the FMLA; (5) the FLSA; (6) OSHA; (7) the Rehabilitation Act of 1973; (8) Federal labor-management relations provisions; (9) the General Accounting Office Personnel Act of 1980; (10) the EPPA; (11) the WARN; and (12) provisions regarding veterans' employment and reemployment rights. Title III: Office of Compliance - Establishes in the legislative branch an Office of Compliance (Office) to carry out: (1) a program of education for Members of Congress and other employing authorities of the legislative branch respecting the laws made applicable to them; and (2) a program to inform individuals of their rights under such laws. Requires the Board Chair to appoint an Executive Director, a Deputy Executive Director for the Senate, and a Deputy Executive Director for the House of Representatives. (Sec. 304) Sets forth procedures for congressional approval of the Board's regulations required under title II to implement this Act, including regulations on the appropriate application of exemptions under the laws made applicable in such title. (Sec. 305) Authorizes appropriations. Title IV: Administrative and Judicial Dispute-Resolution Procedures - Sets forth procedures for counseling, mediation, election of proceedings, hearings, judicial review of Board decisions and enforcement, civil actions, and judicial review of regulations issued by the Board with respect to consideration of alleged violations of Part A of title II. (Sec. 410) Prohibits judicial review of actions taken pursuant to this Act, except as expressly authorized by this title. (Sec. 415) Authorizes appropriations for the establishment of an account in the Treasury for the Office for payment of awards and settlements under this Act. Prohibits funds in the account from being available for awards and settlements involving GAO, GPO, and the Library. Authorizes appropriations for funds for: (1) administrative, personnel, and similar expenses of employing offices which are needed to comply with this Act; and (2) the correction of OSHA and ADA accommodation and access violations. (Sec. 416) Makes all counseling, mediation, and hearings and deliberations of the Board confidential. Permits the records of hearing officers and the Board to be made public if required for judicial review. Authorizes the House Committee on Standards of Official Conduct and the Senate Select Committee on Ethics to have access to hearing records and decisions after the issuance of a final decision on a complaint. Title V: Miscellaneous Provisions - Provides that it shall not be a violation of any provision of Section 201 to consider the party affiliation, domicile, or political compatibility, with respect to employment decisions, of employees who are: (1) on the staff of the House or Senate leadership; (2) on the staff of congressional committees, joint committees, or subcommittees; (3) on the staff of Members of the House or Senators; (4) officers of the House or the Senate or elected or appointed congressional staff; or (5) applicants for any such positions. (Sec. 503) Provides that the Senate Select Committee on Ethics and the House Committee on Standards of Official Conduct retain full power with respect to the discipline of Members, officers, and employees for violating rules of the Senate and House on nondiscrimination in employment. (Sec. 505) Requires the Judicial Conference of the United States to report to the Congress on the application to the judicial branch of: (1) the FLSA; (2) title VII of the Civil Rights Act of 1964; (3) the ADA; (4) the ADEA; (5) the FMLA; (6) OSHA; (7) Federal labor- management relations provisions; (8) the EPPA; (9) the WARN; (10) the Rehabilitation Act of 1973; and (11) veterans' employment and reemployment provisions. Requires the report to include any recommendations the Judicial Conference may have for legislation to provide judicial branch employees with the rights, protections, and procedures under such laws, including administrative and judicial relief, that are comparable to those available to legislative branch employees under titles I through IV of this Act. (Sec. 506) Sets forth transitional provisions with respect to certain existing claims.
United States · United States Congress · 4 January 1995
Amends the Electronic Fund Transfer Act to prohibit the Board of Governors of the Federal Reserve System from applying to electronic benefit transfers established under a State or local governmental entitlement program certain disclosures, protections, responsibilities, and remedies (including, in effect, the liability limits currently applicable to private sector ATM and consumer credit cards), unless the payment under such program is made directly into a consumer's account held by the recipient. Exempts from such prohibition employment related payments established by Federal, State, or local governments.
United States · United States Congress · 4 January 1995
Amends Federal law to prohibit any State from imposing an income tax on the pension income of any individual who is not a resident or domiciliary of that State.
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 · 4 January 1995
Expresses the sense of the Senate that when the Committee on Rules and Administration reports the committee funding resolution for 1995-96, it should reduce funding for committees by 15 percent from the level provided for 1993- 94.
United States · United States Congress · 7 October 1994
Charitable Medical Care Act of 1994 - Exempts health care professionals from liability for negligence in the provision of health care services without charge, except in cases of gross negligence or willful misconduct. Makes this Act applicable only if such professional, before furnishing the service: (1) agrees to furnish such service voluntarily and without charge to the recipient or to any health insurance plan or program under which the recipient is covered; and (2) provides the recipient with adequate notice, as determined by the Secretary of Health and Human Services, of the professional's limited liability for that service. Preempts any inconsistent State law. Specifies that this Act shall not preempt any State law that provides greater incentives or protections to a health care professional rendering such service.
United States · United States Congress · 6 October 1994
Amends the Electronic Fund Transfer Act to prohibit the Board of Governors of the Federal Reserve System from applying to electronic benefit transfers established under a State or local governmental entitlement program certain disclosures, protections, responsibilities, and remedies (in effect, the liability limits currently applicable to private sector ATM and consumer credit cards), unless the payment under such program is made directly into a consumer's account held by the recipient.
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 · 30 September 1994
Amends the Federal Aviation Administration Authorization Act of 1994 to delay the effective date of trucking deregulation from January 1, 1995, to January 1, 1996.
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 · 21 September 1994
Designates October 19, 1994, as National Mammography Day.
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 · 24 August 1994
Commends the U.S. rice industry for its decision to establish an industry organization. Recognizes the success such decision will have in promoting the interests of the rice industry and the rice-consuming public.
United States · United States Congress · 15 August 1994
Amends Federal law pertaining to the Federal civil service (Hatch Act) to repeal the prohibition against oral or written recommendations by Members of Congress on behalf of job applicants. Requires such recommendations to: (1) be based on personal knowledge or applicant records; and (2) consist of an evaluation of work performance, ability, aptitude, or general qualifications, as well as of character, loyalty, or suitability.
United States · United States Congress · 12 August 1994
Designates the week beginning September 12, 1994, as National Hispanic Business Week.
United States · United States Congress · 5 August 1994
Designates September 5, 1994, Labor Day, as Try American Day.
United States · United States Congress · 1 August 1994
Smithsonian Institution Sesquicentennial Commemorative Coin Act - Directs the Secretary of the Treasury to issue five-dollar gold coins and one-dollar silver coins emblematic of the scientific, educational, and cultural significance of the Smithsonian Institution. Mandates that: (1) all but a certain portion of surcharges received from coin sales be paid by the Secretary to the Smithsonian Institution to support programming related to the 150th anniversary and general activities of the Smithsonian Institution; and (2) a certain portion of such surcharges be dedicated to supporting the operation and activities of the National Numismatic Collection at the National Museum of American History.
United States · United States Congress · 1 August 1994
Designates August 9, 1994, as Smokey Bear's 50th Anniversary.