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Official portrait of Sen. Gorton, Slade [R-WA]

Sen. Gorton, Slade [R-WA]

United States · Official source

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2,495 records where Sen. Gorton, Slade [R-WA] is listed as a sponsor, author, or other actor. Search with topics and years

Bill· SS. 1028 (104th)passed

Health Insurance Reform Act of 1995

United States · United States Congress · 13 July 1995

TABLE OF CONTENTS: Title I: Health Care Access, Portability, and Renewability Subtitle A: Group Health Plan Rules Subtitle B: Individual Health Plan Rules Subtitle C: COBRA Clarifications Subtitle D: Private Health Plan Purchasing Coalitions Title II: Application and Enforcement of Standards Title III: Miscellaneous Provisions Health Insurance Reform Act of 1995 - Title I: Health Care Access, Portability, and Renewability - Subtitle A: Group Health Plan Rules - Prohibits insurers from declining to provide coverage, and plans from establishing certain types of requirements, based on health status, medical condition, and similar factors. (Sec. 102) Mandates plan renewability, except for nonpayment of premiums, termination of the plan, or other specified reasons. (Sec. 103) Regulates the circumstances in which a plan may impose a benefit limitation or exclusion because of a preexisting condition. Allows State laws that limit preexisting conditions to shorter periods than the provisions of this paragraph. (Sec. 104) Mandates special enrollment periods for individuals who have certain types of changes in family composition or employment status. (Sec. 105) Regulates disclosures an insurer must make to a small employer (as defined in State law, or employers with not more than 50 employees if not defined in State law). Subtitle B: Individual Health Plan Rules - Prohibits an insurer from establishing, for an individual in a period of previous qualifying coverage, eligibility, continuation, or enrollment requirements based on health status, medical condition, and similar factors. (Sec. 111) Mandates renewability of coverage for individuals, except for nonpayment of premiums, misrepresentation of material fact, or termination of the plan. (Sec. 112) Requires that State law in effect on, or enacted after, enactment of this Act apply in lieu of the standards above in this subtitle unless the Secretary of Health and Human Services determines that the State law is not as effective in providing access. (Sec. 113) Mandates a study and report on ensuring the availability of health insurance to individuals, the need for Federal premium variation standards, and the effectiveness of this Act and State laws in stabilizing the small group health insurance market by providing for the broad pooling of risk. Subtitle C: COBRA Clarifications - Amends the Public Health Service Act, the Employee Retirement Income Security Act of 1974 (ERISA), and the Internal Revenue Code to modify continuation coverage requirements. Subtitle D: Private Health Plan Purchasing Coalitions - Requires a State to certify health plan purchasing coalitions (HPPCs) meeting the requirements of this paragraph. Provides for Federal certification if a State fails to do so. Regulates HPPC organization, duties, and activities. Preempts, for a HPPC meeting these requirements, State fictitious group laws, State rating requirement laws (subject to exception), and other State laws in direct conflict. Applies to HPPCs the requirements of ERISA provisions relating to fiduciary responsibility and administration and enforcement. Title II: Application and Enforcement of Standards - Deems a requirement or standard under this Act imposed on: (1) a plan to be imposed on the insurer; and (2) a self-insured plan to be imposed on the plan sponsor. (Sec. 202) Requires each State to mandate that each plan in the State meet the standards under this Act pursuant to an enforcement plan filed by the State with the Secretary of Labor. Directs the Secretary, for self-insured health plans, to enforce the standards under this Act. Subjects failing plans to civil enforcement under specified ERISA provisions. Provides for Federal enforcement if a State fails to do so. Title III: Miscellaneous Provisions - Amends the Public Health Service Act to allow a health maintenance organization, if notified by a member that a medical savings account has been established for the member and if the member requests, to reduce the basic health services payment by requiring the payment of a deductible for basic health services. Declares that it is the sense of the Senate that the Congress should take steps to further the purposes of this Act.

Bill· SS. 989 (104th)referred

Fairness in Federal Contracting Act of 1995

United States · United States Congress · 29 June 1995

Fairness in Federal Contracting Act of 1995 - Prohibits the use of funds, under any appropriations Act for FY 1995, for any executive order, or other rule, regulation, or order, that affects the ability of Federal contractors, subcontractors, or vendors to hire permanent replacements for lawfully striking employees.

Bill· SS. 978 (104th)referred

Charitable Giving Protection Act of 1995

United States · United States Congress · 28 June 1995

TABLE OF CONTENTS: Title I: Amendments to the Securities Laws Title II: Clarification of Antitrust Laws Charitable Giving Protection Act of 1995 - Title I: Amendments to the Securities Laws - Exempts from the jurisdiction of the Investment Company Act of 1940, the Securities Act of 1933, the Securities Exchange Act of 1934, and the Investment Advisers Act of 1940 any security issued by or any interest or participation in any pooled income fund, collective trust fund, collective investment fund, or similar fund deemed not to be an investment company under the Investment Company Act of 1940 (charitable gift annuities). Preempts State law to extend the charitable gift annuities exemption from its jurisdiction over: (1) securities registration or qualification requirements; and (2) any charitable organization regulation. Permits a State to enact a statute that specifically refers to this Act and provides prospectively that it does not preempt its laws. Title II: Clarification of Antitrust Laws - Exempts charitable gift annuities from application of the antitrust laws.

Bill· SS. 956 (104th)referred

An Act to establish a Commission on Structural Alternatives for the Courts of Appeals.

United States · United States Congress · 22 June 1995

Ninth Circuit Court of Appeals Reorganization Act of 1995 - Divides the current U. S. Court of Appeals for the Ninth Circuit into the following two circuits: (1) the Ninth Circuit composed of the States of Arizona, California, Hawaii, Nevada, Guam, and the Northern Mariana Islands, consisting of 19 judges, and holding regular sessions in San Francisco and Los Angeles; and (2) the Twelfth Circuit which contains Alaska, Idaho, Montana, Oregon, and Washington, consisting of seven judges, and holding regular sessions in Portland and Seattle.

Bill· SS. 955 (104th)referred

Advanced Medical Devices Access Assurance Act of 1995

United States · United States Congress · 22 June 1995

Advanced Medical Devices Access Assurance Act of 1995 - Permits coverage under the Medicare program of items and services associated with the use of a medical device in the furnishing of inpatient hospital services, even if the device is not approved, as long as it is an investigational device used instead of either an approved device or a covered procedure. States that a payment made under the Medicare program for any such item or service may not exceed the amount which would have been paid if the item or service were associated with the use of an approved device or a covered procedure.

Bill· SS. 949 (104th)referred

George Washington Commemorative Coin Act

United States · United States Congress · 20 June 1995

George Washington Commemorative Coin Act - Requires the Secretary of Treasury to mint and issue five-dollar gold coins emblematic of George Washington. Mandates that the design for the coins shall be: (1) selected by the Secretary after consultation with the Mount Vernon Ladies' Association and the Commission of Fine Arts; and (2) reviewed by the Citizens Commemorative Coin Advisory Committee. Provides for the distribution of coin sale surcharges to the Mount Vernon Ladies' Association.

Bill· SS. 942 (104th)open

Small Business Regulatory Enforcement Fairness Act of 1996

United States · United States Congress · 16 June 1995

TABLE OF CONTENTS: Title I: Regulatory Simplification and Voluntary Compliance Title II: Small Business Responsiveness of Covered Agencies Title III: Financial Accountability of Covered Agencies Relating to Fees and Expenses Small Business Regulatory Fairness Act of 1995 - Title I: Regulatory Simplification and Voluntary Compliance - Directs a Federal regulatory agency that is required to prepare a regulatory flexibility analysis for a rule or group of related rules to publish a compliance guide which: (1) contains a summary of the rules and a citation as to their location; (2) provides a notice to small businesses (small entities) of such rules as well as an understandable explanation of actions necessary for compliance; and (3) is updated as required to reflect rule changes. Requires such guides to be disseminated to small entities, as well as to small business development centers. Prohibits any covered agency from bringing an action against a small entity to enforce a rule for which such a guide has not been published and disseminated. (Sec. 103) Requires covered agencies other than the Federal Trade Commission, the Equal Employment Opportunity Commission, and the Consumer Product Safety Commission to determine within 90 days whether to grant or deny a request by a small entity that no action be taken against such entity with respect to the enforcement of a rule (no action request). Allows a small entity to rely on a no action response from a covered agency in any subsequent action brought against the small entity for a rule's enforcement. (Sec. 104) Makes inadmissible as evidence in an action, as well as outside of the bounds of discovery, any information compiled by a small entity in a voluntary self-audit. Provides exceptions. (Sec. 105) Prohibits the imposition of a fine or penalty against a small entity if the entity proves that: (1) a covered agency rule is vague or ambiguous; and (2) the interpretation of the rule by the small entity is reasonable considering such rule and any applicable compliance guide. Title II: Small Business Responsiveness of Covered Agencies - Amends the Small Business Act to direct the Administrator of the Small Business Administration (SBA) to designate in each SBA region a senior SBA employee to serve as the Regional Small Business and Agriculture Ombudsman for such area. Requires the Ombudsman: (1) to solicit and receive comments from small businesses regarding regulatory enforcement activities of covered agencies; (2) based on such comments, to annually publish a small business responsiveness rating to each covered agency; (3) to publish periodic reports compiling the comments received; (4) to coordinate the activities of the Small Business Regulatory Fairness Board established under this title; and (5) to establish a toll-free telephone number to receive comments from small businesses. (Sec. 202) Directs the SBA Administrator to establish in each region a Small Business Regulatory Fairness Board to: (1) advise the Ombudsman on matters of concern to small businesses with respect to the regulatory enforcement activities of covered agencies; (2) conduct investigations of, and issue advisory findings and recommendations concerning, such enforcement activities; (3) review and approve the responsiveness ratings promulgated by the Ombudsman; and (4) prepare written opinions regarding the reasonableness and understanding of rules issued by covered agencies. (Sec. 203) Amends the Act to direct small business development centers to provide specified assistance to, and develop publications and programs for, small businesses with respect to regulatory requirements of covered agencies and compliance guides. Title III: Financial Accountability of Covered Agencies Relating to Fees and Expenses - Directs a covered agency to award fees, costs, and other expenses to a prevailing small entity in an adversary proceeding that raises a successful defense to a regulatory enforcement action or that receives a corrective action or penalty which is less burdensome than that sought or demanded by the covered agency. Limits the rate of payment of attorney's fees to no more than $150 per hour. Waives the payment of such fees, costs, and expenses only in limited special circumstances. Prohibits covered agencies from increasing fees regularly charged for services in order to cover fees, costs, and other expenses required to be paid to a prevailing small entity.

Bill· SS. 940 (104th)open

A bill to support proposals to implement the United States goal of eventually eliminating antipersonnel landmines; to impose a moratorium on use of antipersonnel landmines except in limited circumstances; to provide for sanctions against foreign governments that export antipersonnel landmines, and for other purposes.

United States · United States Congress · 16 June 1995

Directs the President to support, at the 1995 United Nations review conference, proposals to modify Protocol II to the 1980 Conventional Weapons Convention to implement the U.S. goal of the elimination of antipersonnel landmines. Declares a U.S. moratorium, for a one year period beginning three years after enactment of this Act, on the use of such landmines except along internationally recognized national borders within a perimeter marked area monitored by military personnel and protected by adequate means to ensure the exclusion of civilians. Urges the President to encourage other nations to join in such moratorium. Prohibits the United States from selling, licensing for export, or transferring any defense article or service to a foreign country that sells, exports, or transfers antipersonnel landmines. Authorizes the President to waive such prohibition, after notice to the Congress, if an emergency exists which makes such waiver vital to the interest of the United States.

Bill· SS. 885 (104th)referred

United States Commemorative Coin Act of 1995

United States · United States Congress · 6 June 1995

TABLE OF CONTENTS: Title I: Commemorative Coin Programs Title II: National Law Enforcement Officers Memorial Maintenance Fund United States Commemorative Coin Act of 1995 - Title I: Commemorative Coin Programs - Requires the Secretary of the Treasury to mint and issue gold and-or silver coins: (1) emblematic of the Bicentennial of the United States; (2) to commemorate the 50th anniversary of the founding of the United Nations and the role of President Harry S. Truman; (3) to commemorate the 150th anniversary of the founding of the Smithsonian Institution; (4) to commemorate the public opening of the Franklin Delano Roosevelt Memorial in Washington, D.C.; (5) to commemorate the 125th anniversary of the establishment of Yellowstone National Park as the first National Park in the United States; and (6) to recognize the sacrifices of law enforcement officers and their families in preserving public safety. Provides for the distribution of surcharges from the sale of coins. (Sec. 102) Mandates that the design for the coins be: (1) selected by the Secretary after consultation with the appropriate recipient organizations and the Commission of Fine Arts; and (2) reviewed by the Citizens Commemorative Coin Advisory Committee. Title II: National Law Enforcement Officers Memorial Maintenance Fund - Establishes the National Law Enforcement Officers Memorial Maintenance Fund as a revolving fund administered by the Secretary of the Interior to be used for specified purposes, including: (1) for the maintenance, security, and repair of the National Law Enforcement Officers Memorial in Washington, D.C.; (2) to periodically add to the Memorial the names of law enforcement officers who have died in the line of duty; and (3) to provide educational scholarships to the immediate family members of law enforcement officers killed in the line of duty whose names appear on the Memorial.

Bill· SS. 853 (104th)open

Ninth Circuit Court of Appeals Reorganization Act of 1995

United States · United States Congress · 25 May 1995

Ninth Circuit Court of Appeals Reorganization Act of 1995 - Divides the current U. S. Court of Appeals for the Ninth Circuit into the following two circuits: (1) the Ninth Circuit composed of the States of Arizona, California, Hawaii, Nevada, Guam, and the Northern Mariana Islands, consisting of 19 judges, and holding regular sessions in San Francisco and Los Angeles; and (2) the Twelfth Circuit which contains Alaska, Idaho, Montana, Oregon, and Washington, consisting of seven judges, and holding regular sessions in Portland and Seattle.

Bill· SS. 794 (104th)reported

Minor Use Crop Protection Act of 1995

United States · United States Congress · 11 May 1995

Minor Use Crop Protection Act of 1995 - Amends the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) to define "minor use" as the use of a pesticide on an animal or commercial agricultural crop or site or for public health protection where: (1) the total U.S. acreage for the crop is fewer than 300,000 acres; or (2) the Administrator of the Environmental Protection Agency determines that the use does not provide sufficient economic incentive to support the initial or continuing registration of a pesticide for such use and there are insufficient alternatives available for the use, any one of the alternatives poses greater environmental or health risks, or the pesticide plays or will play a significant part in managing pest resistance or in an integrated pest management program. Extends the period of exclusive data use for data submitted to support original registration applications for pesticides for an additional year for each three minor uses registered after this Act's enactment and before the expiration of the period of exclusive use, up to a total of three additional years for all minor uses registered by the Administrator if the Administrator determines that: (1) there are insufficient alternatives available for the use or any one of the alternatives poses greater environmental or health risks; or (2) the pesticide plays or will play a significant part in managing pest resistance or in an integrated pest management program. Requires the Administrator, upon the request of a registrant, to extend the deadline for the production of residue chemistry data required solely to support a minor use subject to specified conditions. Applies the same extension conditions to data for reregistrations. Authorizes the Administrator to modify or revoke such extensions if the use may cause unreasonable adverse environmental effects. Permits the Administrator, in handling the registration of a pesticide for a minor use, to waive applicable data requirements if the absence of data will not prevent the Administrator from determining the risk presented by the pesticide and that the risk would not have an adverse environmental effect. Provides for expedited review (within one year of submission) of applications to support minor use pesticide registrations. Provides a procedure for meeting data requirements where a registrant has voluntarily cancelled a registration and another application is pending for registration of a pesticide that is for a minor use and is identical or substantially similar to, or for an identical or substantially similar use as, the cancelled pesticide. Directs the Administrator to establish a minor use program. Directs the Secretary of Agriculture to establish a Department of Agriculture minor use program and a separate matching fund program. Requires the matching fund program to be utilized to ensure the continued availability of minor use crop protection chemicals. Authorizes appropriations.

Bill· SS. 773 (104th)open

Animal Drug Availability Act of 1996

United States · United States Congress · 9 May 1995

Animal Drug Availability Act of 1995 - Amends Federal Food, Drug, and Cosmetic Act provisions relating to new animal drugs to redefine "substantial evidence" to mean evidence from one or more scientifically sound studies including, as appropriate, in vitro studies, studies in laboratory animals, bioequivalence studies, tissue residue studies, and any studies voluntarily undertaken by or for the applicant that provide some assurance that the drug will have the intended effect. Excludes a claim for the use of a drug in a minor species or a minor use of a drug from disapproval, if there is an application filed for the drug which is approved prior to the submission of the claim. Directs the Secretary of Health and Human Services to consider the following issues when a new animal drug contains more than one active ingredient, or the labeling of the drug suggests use of the drug in combination with another animal drug: (1) whether any active ingredient or any combination of drugs alters the safe concentration of another of the active ingredients or drugs in the combination; (2) whether each of the active ingredients or drugs in the combination have been shown to contribute to the same intended effect; and (3) whether each of the active ingredients or drugs in the combination has an identified target population for which dosing with the active ingredients or combination represents appropriate concurrent therapy. Requires the Secretary to issue proposed regulations implementing the provisions of this section which: (1) further define "substantial evidence"; (2) take into account the proposals contained in the citizen petition submitted by the American Veterinary Association and the Animal Health Institute; (3) provide for a conference to make a decision establishing a submission or an investigational requirement; and (4) define the kinds of evidence an applicant may use to establish the contribution of each active ingredient and to establish the appropriateness of concurrent therapy in a new animal drug, or new animal drug used in combination with another drug. (Sec. 4) Requires the Secretary to approve or disapprove the application within 90 (currently 180) days of receipt of the application. (Sec. 5) Requires: (1) the Secretary to refer disputed issues received in writing from an applicant to an advisory committee or to a special Government employee; and (2) the committee or employee to submit a report containing recommendations regarding the matter. (Sec. 6) Requires the Secretary to refuse approval of an application if information submitted with respect to the drug indicates that any use suggested in labeling proposed for that drug will result in a unsafe amount of residue. (Sec. 7) Permits the export of an unsafe (as defined in the Act) new animal drug, if it is not in conflict with the laws of the country to which it is exported. (Currently, such export is prohibited.)

Bill· SS. 770 (104th)referred

Jerusalem Embassy Relocation Implementation Act of 1995

United States · United States Congress · 9 May 1995

Jerusalem Embassy Relocation Implementation Act of 1995 - Declares it is U.S. policy that: (1) Jerusalem should be recognized as the capital of the State of Israel; and (2) construction of the U.S. Embassy in Jerusalem should begin no later than December 31, 1996, and officially open no later than May 31, 1999. States that not more than 50 percent of the funds appropriated for FY 1997 and 1999 to the Department of State for "Acquisition and Maintenance of Buildings Abroad" may be obligated in the respective fiscal year until the Secretary of State determines, and reports to the Congress, that (for FY 1997) such construction has begun and that (for FY 1999) the Embassy has opened. Limits the availability of specified amounts of such funds in certain fiscal years until they are expended for: (1) costs associated with relocating the U.S. Embassy to Jerusalem; and (2) the costs for its construction. Requires the Secretary of State to report to the Speaker of the House of Representatives and the Committee on Foreign Relations of the Senate on: (1) the Department of State's plan to implement this Act; and (2) progress made toward opening the U.S. Embassy in Jerusalem.

Bill· SS. 768 (104th)referred

Endangered Species Act Reform Act of 1995

United States · United States Congress · 9 May 1995

TABLE OF CONTENTS: Title I: Ensuring the Integrity of the Listing and Critical Habitat Designation Processes Title II: Broadening the Recovery Plan to Constitute a Conservation Plan and Making the Conservation Plan Central to the Implementation of the Endangered Species Act of 1973 Title III: Improving the Consultation and Conferencing Processes for Federal Agency Actions Title IV: Ensuring that the Compliance Procedures and Standards for Non-Federal Persons are not More Burdensome than the Procedures and Standards Applicable to Federal Agencies Title V: Providing for Habitat Conservation Incentive Programs Title VI: Other Amendments Making the Endangered Species Act of 1973 More Effective and Less Burdensome Title VII: Authorizing Increased Appropriations Endangered Species Act Reform Act of 1995 - Title I: Ensuring the Integrity of the Listing and Critical Habitat Designation Processes - Amends the Endangered Species Act of 1973 (the Act) to direct the Secretary of the Interior, upon publication of notice of a proposed rulemaking for an action for the determination of an endangered or threatened species status, to provide notice of the right of any interested person to seek peer review of such action. Provides for review and publication of results after such request. (Sec. 102) Directs the Secretary to determine whether a species is endangered or threatened due to the inadequacy of any existing Federal, State, local governmental, and international regulatory mechanisms. (Sec. 103) Requires the Secretary to: (1) make such determinations based on the best reasonably obtainable scientific information; (2) identify and publish in the Federal Register a description of the extent of the use of scientific information in making the appropriate regulation; (3) provide an opportunity for public review and comment on the scientific information used; and (4) require States to adopt the reasonably obtainable scientific information standard when the Secretary enters into cooperative agreements with such States to establish and maintain an adequate and active program for the conservation of endangered and threatened plant species. (Sec. 104) Increases the number of public hearings required with respect to the listing of an endangered or threatened species. Directs the Secretary to consider in such a determination the existence of public or private breeding or hatchery programs for a species. Requires all findings (currently, limited) with respect to a petitioned action to review a determination to be subject to judicial review. (Sec. 107) Changes the standard which allows the Secretary to make an emergency regulation with respect to a species from the presence of conditions imposing a significant risk to the well-being of such species to conditions providing an imminent threat to the existence of such species. Title II: Broadening the Recovery Plan to Constitute a Conservation Plan and Making the Conservation Plan Central to the Implementation of the Endangered Species Act of 1973 - Directs the Secretary, upon a determination that a species is endangered or threatened, to: (1) issue appropriate incidental taking permits; (2) enter into appropriate Federal-State cooperative management agreements with respect to such species; or (3) commence the development of a conservation objective as established under this section. Directs the Secretary to publish a conservation objective for an affected species within 30 days after the issuance of an assessment and planning team report concerning biological, economical, and intergovernmental assessments of the consequences of listing a species as endangered or threatened. Directs the Secretary, after considering such report, to publish a conservation objective, a statement as to whether such objective was established, and a determination of whether to prepare a conservation plan for that species. Provides, with respect to any conservation plan determined necessary by the Secretary, for: (1) a time schedule; (2) plan priorities; (3) alternative strategies to achieve the conservation objective; (4) procedures (consultation, publication and public comment, and hearings); (5) publication of a final conservation plan; and (6) participation by appropriate persons in the development, implementation, and revision of conservation plans. Authorizes the Secretary to designate critical habitats, requiring the best reasonably obtainable scientific information to be used in such designation, and requiring any economic impacts to be considered. Provides instances under which the actions of a Federal agency shall be determined to be consistent with a conservation plan or objective established under this Act. Provides transition provisions for the period before which a conservation objective or plan is established or implemented. Authorizes the suspension of a conservation plan or objective in certain circumstances. Requires the Secretary to report to specified congressional committees on plan or objective implementation and to review and revise such plans or objectives. (Sec. 202) Provides transitional provisions with respect to: (1) expedited conservation plan issuance; (2) existing species recovery plans; and (3) the review and reissuance of biological opinions in conjunction with the issuance of a conservation objective or plan. (Sec. 203) Makes technical and conforming amendments to the Act in order to include conservation objectives and plans with respect to endangered or threatened species, as well as critical habitat designations, within the central focus of management under the Act. Title III: Improving the Consultation and Conferencing Processes for Federal Agency Actions - Requires consultation and conferencing standards between appropriate Federal agencies and the affected States to include an assurance by the Federal agency that a proposed action will not destroy or adversely modify any habitat designated as critical in a manner that is likely to jeopardize the continued existence of the species. Exempts certain actions of the Secretary from the consultation and conferencing requirements. Specifies those agency actions that shall not be considered takings for purposes of a listed species. (Sec. 303) Provides consultation conclusion deadlines. (Currently, such consultation is permitted for 90 days or any period of time mutually agreed upon by the Secretary and the Federal agency.) (Sec. 304) Entitles a permit or license applicant for the taking of a species on an endangered or threatened list to participate fully in any consultation or conferencing required between the Secretary and the Federal agency with respect to such application. (Sec. 305) Provides that if the Secretary determines that a proposed agency action is likely to jeopardize the continued existence of the species, the Secretary shall suggest reasonable and prudent alternatives that impose the least social and economic costs. (Sec. 306) Outlines procedural requirements when the listing or determination related to a species requires consultation on a land use plan or land or resource management plan under specified Federal laws. (Sec. 307) Requires use of the best reasonably obtained scientific information when determining reasonable and prudent alternatives to proposed agency action with respect to an endangered or threatened species. Authorizes a Federal agency to request the President to resolve irreconcilable conflicts between agency actions and other duties assigned to such agency. (Sec. 308) Prohibits the Secretary and the head of any Federal agency, in carrying out actions with respect to endangered or threatened species, from requiring, providing for, or recommending the imposition of any restriction or obligation on the activity of a person that is not otherwise subject to regulation by such agency. (Sec. 309) Requires specified endangered species risk assessment and cost-benefit analyses to be included in the consultation process. (Sec. 310) Terminates the Endangered Species Committee. Authorizes the Secretary and the President to grant exemptions from the Act for national security or major disaster reasons. Title IV: Ensuring That the Compliance Procedures and Standards for Non-Federal Persons Are Not More Burdensome Than the Procedures and Standards Applicable to Federal Agencies - Establishes consultation procedures between the Secretary and non-Federal persons with respect to a determination of consistency with an established conservation plan or objective, including the issuance of a permit when the Secretary determines that the person's activity is not likely to jeopardize the continued existence of the species or when the person has accepted a reasonable and prudent alternative to such activity. Provides for: (1) permit revocation for noncompliance; and (2) permits for incidental takings. (Sec. 402) Defines the "taking" and "harming" of a species for purposes of the Act. (Sec. 403) Excludes specified takings by non-Federal persons from current prohibitions against takings under the Act. (Sec. 404) Authorizes the Secretary, under specified circumstances including notice and opportunity for public hearing, to issue a general permit on a county, parish, State, regional, or nationwide basis for any category of activities that may affect a species that is included on an endangered or threatened list. Limits to five years the duration of such a permit and authorizes the Secretary to revoke or modify the permit upon a determination of greater than minimal impact on the species in question. (Sec. 405) Provides that, with respect to permits issued by the Secretary to non-Federal persons under the Act: (1) the Secretary may not require the applicant to expand the application to include land or water rights not owned by the applicant or to address a species other than the species for which the application is made; (2) no additional measures will be required of a permittee who is already in compliance with the permit, unless extraordinary circumstances are present (with burden of proof upon the Secretary); (3) the Secretary shall pay 50 percent of the costs of implementing the terms and conditions of the permit; (4) the Secretary may issue interim (temporary) permits; and (5) the Secretary may assist such person in the development of a multiple species non-Federal conservation plan for the conservation of more than one endangered or threatened species. (Sec. 406) Authorizes the Secretary and the Secretary of Agriculture to encourage exchanges of land, waters, or related interests other than national park or wilderness units in order to protect habitat on non-Federal lands. Title V: Providing for Habitat Conservation Incentive Programs - Authorizes the Secretary to enter into cooperative agreements with a State or group of States, a political subdivision of a State, or a local government for the administration and management of each area identified as a species' habitat. Provides, with respect to such agreements, for: (1) notification to affected parties; (2) species assessment; (3) submission, notification, and approval of, and public comments with respect to, such agreements; (4) critical habitat designation; (5) procedures for agreement violations; and (6) a Federal cost-sharing requirement of 50 percent of the costs of implementation. (Sec. 502) Provides grants to non-Federal persons for the habitat preservation of endangered or threatened species. Title VI: Other Amendments Making the Endangered Species Act of 1973 More Effective and Less Burdensome - Provides additional requirements to be followed during the release of experimental populations (the release of a species outside of its current range), including that such releases take place only in units of the National Park or National Wildlife Refuge System. (Sec. 602) Directs the Secretary to recognize and authorizes the Secretary to utilize captive propagation to protect or conserve an endangered or threatened species. Authorizes the Secretary to provide annual grants to non-Federal persons for such purposes. (Sec. 604) Provides priority in the issuance of permits for those whose purpose is to conduct research on alternative methods and technologies for reducing the incidental taking of an endangered or threatened species. (Sec. 605) Authorizes the Secretary or the Secretary of the Treasury to pay costs incurred by a person in providing temporary care for any endangered or threatened species. (Sec. 606) Directs the Secretary to provide notice through the Federal Register and appropriate local publications of any hearing or other public meeting required under provisions of the Act. (Sec. 607) Directs the Secretary, in carrying out specified provisions of the Act, to ensure the minimization of the Act's impact on the use and value of private property. Protects the right of private property owners to receive compensation from the Government for the lost use or value of property caused by requirements of the Act. States that certain provisions of the Act do not apply to: (1) privately owned property of five contiguous acres or less, unless activity there presents an imminent threat to the existence of an endangered or threatened species; and (2) other property undertaking activities determined by the Secretary to be unlikely to jeopardize the continued existence of a species. Authorizes the institution of private actions to remedy economic injury caused by provisions of the Act. (Sec. 608) Requires any water rights acquired or used by any party under the Act to be exercised in accordance with the law in the State in which the water will be used. (Sec. 609) Directs the Secretary to pay 50 percent of the costs in excess of $10 million incurred by a non-Federal person or Federal power marketing administration resulting from compliance with any provision of a conservation plan under the Act. Authorizes the Secretary to pay a Federal share of costs less than or equal to $10 million. Directs the Secretary to pay 50 percent of the allowed costs incurred by such parties resulting from consultation requirements under the Act. (Sec. 610) Authorizes the public display or exhibition of living wildlife in order to educate the public about the ecological role and conservation needs of the affected species. Authorizes the issuance of educational permits for such persons. Defines captive-bred wildlife for purposes of the Federal captive-bred wildlife registration system. Title VII: Authorizing Increased Appropriations - Authorizes appropriations for the Act for FY 1996 through 2001. Authorizes appropriations to the Department of the Interior for such fiscal years for: (1) cooperative management agreements; (2) convention implementation; (3) non-Federal conservation planning; and (4) habitat reserve grants.

Resolution· SRESS.Res. 117 (104th)referred

A resolution expressing the sense of the Senate that the current Federal income tax deduction for interest paid on debt secured by a first or second home located in the United States should not be further restricted.

United States · United States Congress · 9 May 1995

Expresses the sense of the Senate that the current Federal income tax deduction for interest paid on debt secured by a first or second home located in the United States should not be further restricted.

Resolution· SRESS.Res. 110 (104th)passed

A resolution expressing the sense of the Senate condemning the bombing in Oklahoma City.

United States · United States Congress · 24 April 1995

Condemns the bombing at the Alfred P. Murrah Federal Building in Oklahoma City, Oklahoma. Sends condolences to the families. Commends rescue and volunteer workers, law enforcement officials, and the President. Urges the President to use all necessary means to find and punish the perpetrators. Supports the President's and Attorney General's position that Federal prosecutors will seek the maximum penalty allowed by law, including the death penalty, for those responsible. Declares that the Senate will expeditiously approve legislation to strengthen the authority and resources of all Federal agencies involved in combating such acts of terrorism.

Bill· SS. 704 (104th)open

National Gambling Impact Study Commission Act

United States · United States Congress · 6 April 1995

Gambling Impact Study Commission Act - Establishes the Gambling Impact Study Commission to study, and report to the President and the Congress, all matters relating to the impact of gambling on States, political subdivisions of States, and Native American tribes, and possible alternative sources of revenue for them. Authorizes appropriations.

Bill· SS. 684 (104th)open

Morris K. Udall Parkinson's Research, Assistance, and Education Act of 1995

United States · United States Congress · 6 April 1995

Morris K. Udall Parkinson's Research, Assistance, and Education Act of 1995 - Amends the Public Health Service Act to mandate a program for the conduct and support of research and training, the dissemination of health information, and other programs regarding Parkinson's disease. Establishes the Interagency Coordinating Committee on Parkinson's Disease. Requires Core Center Grants to encourage the development of innovative multidisciplinary research and provide training concerning Parkinson's, designating each grant recipient as a Morris K. Udall Center for Research on Parkinson's Disease. Authorizes establishment of the National Parkinson's Disease Data System to collect, store, analyze, retrieve, and disseminate data. Establishes: (1) the National Parkinson's Disease Information Clearinghouse; (2) a grant program to support scientists who have distinguished themselves in Parkinson's research; and (3) a national education program to foster a national focus on Parkinson's and the care of those with Parkinson's. Authorizes appropriations.

Bill· SS. 689 (104th)referred

Landfill Technological Improvement Act of 1995

United States · United States Congress · 6 April 1995

Landfill Technological Improvement Act of 1995 - Amends the Solid Waste Disposal Act to provide that regulations governing the presence of certain liquids in landfills shall not prohibit usage in hazardous waste landfills of sorbents manufactured from processed organic materials that are not likely to degrade in an anaerobic environment until the Administrator of the Environmental Protection Agency issues final regulations concerning anaerobic landfill conditions and the use of organic sorbents.

Bill· SS. 678 (104th)referred

National Aquaculture Development, Research, and Promotion Act of 1995

United States · United States Congress · 5 April 1995

National Aquaculture Development, Research, and Promotion Act of 1995 - Amends the National Aquaculture Act of 1980 to establish the Department of Agriculture (Department) as the lead Federal agency for the development of national policy and programs for private aquaculture. (Sec. 5) Authorizes (currently requires) the Secretary of Agriculture (Secretary) to: (1) establish within the National Agricultural Library a National Aquaculture Information Center; and (2) assign new aquaculture programs to the appropriate Federal agencies. (Sec. 6) Provides for coordination with the aquaculture industry. (Sec. 7) Directs the Secretary to: (1) implement a national policy for private aquaculture; (2) implement a Department Aquaculture Plan; (3) revise the National Aquaculture Development Plan; and (4) treat private aquaculture as a form of agriculture. (Sec. 8) Authorizes the Administrator of the Environmental Protection Agency to carry out grant and cooperative agreement programs to demonstrate aquaculture's application to environmental enhancement, including a water-borne pollution assessment program. (Sec. 9) Authorizes the Secretary to carry out grant and cooperative agreement programs for Native American fishpond revitalization. (Sec. 10) Authorizes the Secretary to establish aquaculture education programs in secondary and postsecondary vocational schools. (Sec. 11) Authorizes appropriations for aquaculture programs. (Sec. 12) Amends the Consolidated Farm and Rural Development Act to make aquaculture farmers eligible for farm credit assistance. (Sec. 13) Amends the Agricultural Trade Act of 1978 to authorize the Secretary to establish an international aquaculture information and data collection program. (Sec. 14) Directs the Secretary to report to the Congress with respect to aquaculture information network enhancement. (Sec. 15) Directs the Secretary to develop an aquatic species voluntary quality standards certification plan. (Sec. 16) Directs the Secretary to report to the Congress on progress made in implementing this Act.

Law· SS. 641 (104th)enacted

Ryan White CARE Act Amendments of 1996

United States · United States Congress · 28 March 1995

Ryan White CARE Reauthorization Act of 1995 - Amends title XXVI (HIV Health Care Services Program) of the Public Health Service Act regarding emergency relief for areas with a substantial need for services. Changes requirements for grants to metropolitan areas having large numbers of cases of acquired immune deficiency syndrome (AIDS). Modifies the composition, chairperson requirements, and duties of local human immunodeficiency virus (HIV) health services planning councils. Revises requirements for supplemental grants. Alters the method for determining the amount of each grant, the mandated uses of the grants, and application requirements. Allows a single application for initial and supplemental grants and authorizes both to be made as a single grant. Mandates (currently, allows) technical assistance. Authorizes planning grants. Amends provisions relating to the care grant program to change the uses of HIV care consortia grants and consortium application requirements. Mandates establishment of a recommended minimum formulary of pharmaceutical drug therapies approved by the Food and Drug Administration. Revises: (1) State duties in using grant funds to provide treatments; (2) State application requirements; and (3) planning, evaluation, and administration requirements. Mandates (currently, allows) technical assistance. Mandates grievance procedures to address allegations of egregious violations of title XXVI. Requires coordination of the planning and implementation of Federal HIV programs by the Health Resources and Services Administration, the Centers for Disease Control and Prevention, and the Substance Abuse and Mental Health Services Administration. Amends early intervention services provisions to: (1) require grant recipients to provide a continuum of primary care; and (2) modify other requirements regarding uses of grant funds. Authorizes planning grants to entities that are not direct primary care providers to enable them to provide HIV primary care services. Authorizes appropriations for early intervention grants. Replaces provisions mandating demonstration grants for research and services for pediatric AIDS patients with provisions mandating grants for primary care for out-patient care and support services to children, youth, women with HIV disease, and the families of those individuals and for facilitating the participation of such individuals in research. Requires procedures for the protection of human subjects. Prohibits conditioning services on research participation. Authorizes appropriations. Reserves a specified portion of the amounts appropriated under other parts of title XXVI to administer a special projects of national significance program to award direct grants for special programs for the care and treatment of individuals with HIV disease. Repeals current provisions relating to special projects of national significance. Replaces provisions of the Public Health Service Act authorizing grants and contracts to train the faculty of specified types of health professions schools regarding providing for the health care needs of individuals with HIV disease with provisions authorizing grants and contracts to train health personnel, including community providers, in the diagnosis, treatment, and prevention of HIV infection and disease. Authorizes appropriations. (Sec. 4) Amends title XXVI provisions relating to emergency relief for areas with a substantial need for services to modify the formula for determining the amount of grants. (Sec. 5) Amends provisions relating to the care grant program to change the formula regarding minimum grant allotments. (Sec. 6) Authorizes appropriations to make grants under title XXVI provisions relating to: (1) emergency relief for areas with a substantial need for services; and (2) the care grant program. Mandates development and implementation of a methodology for adjusting the percentages allocated to those parts. Repeals existing authorizations of appropriations for those parts.

Bill· SS. 603 (104th)open

A bill to nullify an executive order that prohibits Federal contracts with companies that hire permanent replacements for striking employees, and for other purposes.

United States · United States Congress · 23 March 1995

Nullifies any executive order or other rule or order that prohibits Federal contracts with, requires the debarment of, or imposes other sanction on a contractor on the basis that such contractor or an organizational unit thereof has permanently replaced lawfully striking workers.

Bill· SS. 570 (104th)referred

A bill to authorize the Secretary of Energy to enter into privatization arrangements for activities carried out in connection with defense nuclear facilities, and for other purposes.

United States · United States Congress · 16 March 1995

Authorizes the Secretary of Energy to enter into one or more contracts with facilities located within 25 miles of a current or former Department of Energy (DOE) defense nuclear facility for the procurement of products and services to support waste cleanup and modernization activities at such nuclear facilities. Requires the Secretary to give preference to facilities that plan to hire, to the maximum extent practicable, residents in the vicinity of the defense nuclear facility who are employed or who have previously been employed by DOE or its private contractor at the facility. Prohibits any person from bringing a claim against a contractor or subcontractor for injury, cost, damage, illness, death, damage to property, or economic loss caused by a release of a hazardous contaminant during performance of the contract, unless such release or threatened release is caused by contractor or subcontractor negligence or intentional misconduct. Sets forth a six year statute of limitations for commencement of such actions. Directs the Secretary and contractors under the Secretary's supervision, in entering into a contract or subcontract with a private entity for products to be acquired or services to be performed at a qualifying DOE site, to give preference to an entity (otherwise qualified and within the competitive range) that plans to: (1) provide products and services originating from communities within 25 miles of the site; (2) hire residents living in the site's vicinity to perform the contract (especially dislocated site workers); and (3) invest in value-added activities in the site's vicinity to mitigate adverse economic development impacts resulting from closure or restructuring of the site.

Bill· SS. 565 (104th)open

Product Liability Fairness Act of 1995

United States · United States Congress · 15 March 1995

Product Liability Fairness Act of 1995 - Applies this Act to any product liability action begun after enactment of this Act, except for actions for loss or damage to a product itself, actions for commercial loss, and actions for negligent entrustment. Makes any circuit court of appeals decision interpreting this Act a precedent for any Federal or State court within that court's geographic jurisdiction. (Sec. 4) Allows a claimant or defendant in a product liability action to offer to proceed with voluntary, nonbinding alternative dispute resolution (ADR). Requires defendant offerees to pay reasonable attorney's fees and costs if they unreasonably or in bad faith refuse to proceed to ADR and final judgment is entered against the defendant. (Sec. 5) Imposes seller liability if the seller failed to exercise reasonable care, made an express warranty, or engaged in intentional wrongdoing. Declares that a failure to inspect is not a failure of reasonable care if there was no reasonable opportunity to inspect. Makes a seller liable as a manufacturer if the manufacturer is not subject to service or if the claimant would be unable to enforce a judgment. (Sec. 6) Makes it a complete defense if the claimant was under the influence of alcohol or a drug and was more than 50 percent responsible. (Sec. 7) Reduces damages by the percentage of harm attributable to misuse or alteration, except for actions involving an employer or coemployee if the employer or coemployee is, under State law, immune from claimant's action. (Sec. 8) Allows punitive damages, as permitted by State law, if the claimant shows by clear and convincing evidence that the harm resulted from the defendant's conscious, flagrant safety indifference. Limits the amounts that may be awarded for a claim. Requires, at the request of either party, consideration of punitive damages in a separate proceeding. (Sec. 9) Limits the time within which a product liability action must be started, with a separate limit for durable goods. (Sec. 10) Permits several and prohibits joint liability for noneconomic loss. (Sec. 11) Grants an insurer a right of subrogation whether or not the insurer is a party. Prohibits settlements or payments, and makes releases invalid, without the consent of the insurer. Requires, if the manufacturer or seller alleges the harm was the fault of the claimant's employer or coemployee, that the issue be submitted to the trier of fact. Reduces damages if it is found by clear and convincing evidence that the harm was so caused, but requires the manufacturer or seller to reimburse the insurer for attorney's fees and costs if it is not so found. (Sec. 12) Declares that U.S. district courts shall not have jurisdiction under this Act based on provisions of the U.S. Code relating to Federal questions, commerce and antitrust, and amounts in controversy.

Bill· SS. 508 (104th)referred

Reforestation Tax Act of 1995

United States · United States Congress · 7 March 1995

Reforestation Tax Act of 1995 - Amends the Internal Revenue Code to provide taxpayers a partial inflation adjustment for the deduction from gross income for qualified timber gain. Allows such deduction in computing adjusted gross income. Excludes from conditions of the material participation rules, for purposes of the passive loss limitations, closely held timber activity if the aggregate hours devoted to management of the activity for any year is generally fewer than 100 hours. Increases the amount allowable as a deduction for amortization of reforestation expenditures and provides an inflation adjustment after calendar year 1995. Applies such inflation adjustment to the reforestation credit. Shortens the amortization period from 84 to 60 months.

Resolution· SCONRESS.Con.Res. 9 (104th)open

A concurrent resolution expressing the sense of the Congress regarding a private visit by President Lee Teng-hui of the Republic of China on Taiwan to the United States.

United States · United States Congress · 6 March 1995

Expresses the sense of the Congress that the President should promptly indicate that the United States will welcome a private visit by Taiwanese President Lee Teng-hui to his alma mater, Cornell University, and will welcome a transit stop by President Lee in Anchorage, Alaska, to attend the USA-ROC Economic Council Conference.

Bill· SS. 495 (104th)referred

Student Loan Evaluation and Stabilization Act of 1995

United States · United States Congress · 3 March 1995

Student Loan Evaluation and Stabilization Act of 1995 - Amends the Higher Education Act of 1965 with respect to student loan programs. (Sec. 3) Revises the Federal Direct Student Loan program to limit the proportion of loans made under such program: (1) for academic year 1994-1995, to five percent of the new student loan volume for such year; and (2) for academic year 1995-1996 and any succeeding fiscal year, to 40 percent of new student loan volume for such year, except that the Secretary of Education may not enter into agreements with any additional eligible institutions that have not applied and been accepted for participation in such program on or before December 31, 1994. Eliminates provisions for selecting additional institutions to participate in such pilot program. Makes available, for each fiscal year to the Secretary from funds not otherwise appropriated, funds for all direct and indirect expenses associated with such Federal Direct Student Loan program. Revises provisions for congressional oversight of program administration, by providing for funding triggers which allow administrative funds to be obligated only in such amounts and according to such schedule as specified in the appropriations Act for the Department of Education after submission by the Department of a detailed proposal for such expenditures. Directs the Secretary of Education to provide a detailed quarterly report of all such expenditures to specified congressional committee chairs. Requires such report to specifically identify all contracts entered into by the Department for services supporting the Federal Family Education Loan (FFEL) Program and the Federal Perkins Loan Program, as well as the current and projected costs of such contracts. Requires a guaranty agency to elect an administrative cost allowance payment rate on the basis of one of two specified formulas. Eliminates the transition to the Federal Direct Loan Program. (Sec. 4) Provides that direct loans have the same terms and conditions as FFEL (guaranteed) loans. (Sec. 5) Sets forth conditions under which: (1) Federal Perkins Loan borrowers can obtain FFEL consolidation loans; and (2) FFEL borrowers can obtain Federal direct consolidation loans. (Sec. 6) Allows income contingent repayment in the FFEL (guaranteed) loan program. (Sec. 7) Revises provisions relating to reserve fund programs. (Sec. 8) Sets institutional default rate limitations on direct lending. Conditions the Secretary's authority to make new direct loans on the issuance of certain final standards and procedures for calculation of institutional default rates and for termination proceedings. (Sec. 9) Permits development, production, distribution, or use of the common application form in an electronic format through software produced or distributed by guaranty agencies or eligible lenders, or consortia. Allows the applicant to certify the outcome of the application in a subsequent document. Prohibits charging a fee in connection with the use of such electronic form. Directs the Secretary to approve the use of such a form which is not inconsistent with certain HEA provisions, or to specifically identify the changes necessary to secure approval. (Sec. 10) Provides for applications for FFEL loans using the free Federal application form, which is already in use for other types of student aid. Allows such form to be in an electronic or any other format, subject to certain conditions, in order to facilitate use by borrowers and institutions. Provides for authorized guaranty agencies to receive such form. (Sec. 11) Amends the Congressional Budget Act to prescribe a formula for determining the cost of a direct loan on the basis of the net present value, at the time the direct loan is disbursed, of specified types of cash flows for the estimated life of the loan.

Bill· SS. 461 (104th)open

A bill to authorize extension of time limitation for a FERC-issued hydroelectric license.

United States · United States Congress · 22 February 1995

Authorizes the Federal Energy Regulatory Commission, upon request of a certain licensee, to extend until May 31, 2001, the time required to commence construction of a specified hydroelectric project. Directs the Commission to reinstate any expired license for such project and extend until May 31, 2001, the time required for the licensee to commence project construction.

Bill· SS. 391 (104th)open

Federal Lands Forest Health Protection and Restoration Act

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.

Bill· SS. 378 (104th)open

A bill to authorize the Secretary of the Interior to exchange certain lands of the Columbia Basin Federal reclamation project, Washington, and for other purposes.

United States · United States Congress · 9 February 1995

Authorizes the Secretary of the Interior to exchange certain reclamation lands located in the State of Washington with the Boise Cascade Corporation. Directs the Secretary to have appraisals made of each tract of land included in the exchange. Prohibits the Secretary from acquiring any lands under this Act which are determined to have become contaminated with hazardous substances. Frees the United States from responsibility or liability for hazardous wastes or other substances placed on any lands covered by this Act after their transfer. Authorizes appropriations.

Bill· SS. 314 (104th)referred

Communications Decency Act of 1995

United States · United States Congress · 1 February 1995

Communications Decency Act of 1995 - Amends the Communications Act of 1934 to prohibit the use of any telecommunications device (currently, only the telephone) by a person not disclosing his or her identity in order to annoy, abuse, threaten, or harass any person who receives such communication. Prohibits the repeated use of a telecommunications device solely for harassment purposes. Prohibits a person from allowing the use of any telecommunications facility (currently, telephone facility) in his or her control for such purposes. Increases: (1) the fine and maximum sentence for such violations; and (2) the fine for the transmission over a cable system of obscene or otherwise unprotected material. (Sec. 4) Amends the Federal criminal code to: (1) increase the fine for broadcasting obscene, indecent, or profane language over the radio; and (2) include digital communications in a prohibition against the interception and disclosure of various forms of communications. (Sec. 6) Prohibits a person making a toll-free telephone call from being assessed a charge for the call by being asked to connect or otherwise transfer to a pay-per-call service. (Sec. 7) Requires a cable operator, in providing video programming unsuitable for children to any subscriber through a cable system, to fully scramble or otherwise block the video and audio portion of each channel carrying such programming to ensure that one not a subscriber to such programming does not receive it. (Sec. 8) Allows a cable operator to refuse to transmit any portion of a public access program or leased access program which contains obscenity, indecency, or nudity.

Bill· SS. 304 (104th)open

Commercial Aviation Fuel Tax Repeal Act

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.

Bill· SS. 295 (104th)open

Teamwork for Employees and Management Act of 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.

Bill· SS. 277 (104th)open

Comprehensive Iran Sanctions Act of 1995

United States · United States Congress · 25 January 1995

Comprehensive Iran Sanctions Act of 1995 - Imposes a trade embargo between the United States and Iran. Exempts transactions involving the furnishing, for humanitarian purposes, of food, clothing, medicine, or medical supplies. Sets forth penalties for violations of this Act. Requires the Secretary of the Treasury to instruct the U.S. executive director of specified international financial institutions to oppose any extension of credit or financial assistance to Iran. Expresses the sense of the Congress that the U.S. Permanent Representative to the United Nations should oppose the provision of U.N. assistance to such country. Sets forth requirements for the waiver of such embargo or denial of assistance. Requires the President to report to appropriate congressional committees on Iran's nuclear and other military capabilities and on its support for acts of international terrorism.

Bill· SS. 267 (104th)open

Fisheries Act of 1995

United States · United States Congress · 24 January 1995

TABLE OF CONTENTS: Title I: High Seas Fisheries Licensing Title II: Implementation of Convention on Future Multilateral Cooperation in the Northwest Atlantic Fisheries Title III: Atlantic Tunas Convention Act Title IV: Fishermen's Protective Act Title V: Fisheries Enforcement in Central Sea of Okhotsk Title VI: Driftnet Moratorium Title VII: Governing International Fishery Agreement Fisheries Act of 1995 - Title I: High Seas Fisheries Licensing - High Seas Fisheries Licensing Act of 1995 - Prohibits a high seas vessel from engaging in harvesting operations on the high seas unless the vessel has on board a valid license issued under this Act. Makes any U.S. vessel eligible to receive such a license unless the vessel was previously authorized to be used for fishing on the high seas by a foreign nation and such nation suspended or, within the last three years preceding application for a license, withdrew such authorization because the vessel undermined the effectiveness of international conservation and management measures. Makes such restriction inapplicable in cases where the Secretary of Commerce determines that issuing a license would not subvert the Agreement to Promote Compliance with International Conservation and Management Measures by Fishing Vessels on the High Seas. Sets forth application and fee provisions. (Sec. 105) Directs the Secretary to maintain a record of high seas vessels issued licenses under this Act and to notify the flag State if a foreign fishing vessel has engaged in activities undermining the effectiveness of international conservation and management measures. (Sec. 106) Sets forth enforcement and penalty provisions. Title II: Implementation of Convention on Future Multilateral Cooperation in the Northwest Atlantic Fisheries - Northwest Atlantic Fisheries Convention Act of 1995 - Provides for the implementation of the Convention on Future Multilateral Cooperation in the Northwest Atlantic Fisheries, including provisions regarding: (1) appointment of U.S. representatives and alternate representatives as Commissioners and on the Scientific Council; (2) handling of requests for scientific advice; (3) the authorities of the Secretary of State; and (4) cooperation between various agencies, private institutions, and organizations. (Sec. 207) Makes certain actions unlawful, including: (1) violating any regulation issued under this Act or any measure legally binding on the United States under the Convention; (2) resisting, impeding, intimidating, or interfering with certain actions; and (3) transporting, selling, or possessing fish taken in violation of these provisions. Provides for: (1) civil and criminal penalties, permit sanctions, and forfeiture of vessels, cargo, and fish; (2) enforcement by the Coast Guard; and (3) U.S. district court exclusive jurisdiction. (Sec. 208) Directs the Secretaries of State and Commerce to jointly establish a consultative committee on issues related to the Convention and the agreement with Canada. (Sec. 211) Authorizes appropriations. Title III: Atlantic Tunas Convention Act - Atlantic Tunas Convention Authorization Act of 1995 - Amends the Atlantic Tunas Convention Act of 1975 to require a report to specified congressional committees on the current research and monitoring activities on Atlantic bluefin tuna and other highly migratory species. (Sec. 302) Mandates a comprehensive research program to support the conservation and management of Atlantic bluefin tuna and other highly migratory species, including identifying and defining the range of stocks. Amends Federal law to remove a provision authorizing appropriations for a currently-mandated biennial report on bluefin tuna. (Sec. 303) Regulates operational matters for the advisory committee established by the Act, including regarding quorums, a chairman, meetings, and administrative and technical support. (Sec. 304) Prohibits the promulgation of regulations to increase or decrease fishery mortality levels. (Sec. 305) Makes the civil penalty and permit sanctions of the Magnuson Fishery Conservation and Management Act applicable to violations of this Act. (Sec. 306) Authorizes appropriations. (Sec. 307) Directs the Secretary of Commerce to submit a report annually to specified congressional committees that: (1) details for the previous ten years the catches and exports to the United States of highly migratory species from nations fishing on Atlantic stocks that are subject to management by the International Commission for the Conservation of Atlantic Tunas; (2) identifies those fishing nations whose harvests are inconsistent with existing international conservation and management programs; and (3) describes reporting requirements to ensure that imported fish are in compliance with international management measures. Provides for the Secretary to promulgate necessary enforcement regulations with respect to those nations that do not comply with Commission recommendations. (Sec. 308) Provides for the Secretary to implement the recommendations of the Commission regarding yellowfin tuna. Title IV: Fishermen's Protective Act - Amends the Fisherman's Protective Act of 1967 to direct the Secretary of State to reimburse vessel owners for fees paid to a foreign government to navigate in its waters if such fees are regarded by the United States as being inconsistent with international law. Provides for heads of Federal agencies to impose reciprocal conditions on nations that impose conditions on United States fishing vessels that are inconsistent with international law. (Sec. 403) Extends the Act's termination date from October 1, 1993, to October 1, 2000. Title V: Fisheries Enforcement in Central Sea of Okhotsk - Sea of Okhotsk Fisheries Enforcement Act of 1995 - Amends the Central Bering Sea Fisheries Enforcement Act of 1992 to prohibit U.S. vessels and nationals from fishing in the Central Sea of Okhotsk except in accordance with an international fishery agreement to which the United States and the Russian Federation are parties. Title VI: Driftnet Moratorium - High Seas Driftnet Fishing Moratorium Protection Act - Prohibits the United States from entering into any international agreement with respect to fisheries, marine resources, the use of the high seas, or trade in fish or fish products that would prevent full implementation of the global moratorium on large-scale driftnet fishing on the high seas, as such moratorium is expressed in a certain United Nations (U.N.) resolution. (Sec. 604) Directs the Secretary of State to seek to enhance the implementation and effectiveness of U.N. resolutions and decisions regarding the moratorium on large-scale driftnet fishing on the high seas through appropriate international agreements and organizations. (Sec. 606) Requires the President to utilize appropriate assets of the Federal Government to detect, monitor, and prevent violations of such U.N. moratoriums. Title VII: Governing International Fishery Agreement - Declares that the Congress approves the governing international fishery agreement between the United States and the Republic of Estonia as contained in message from the President on January 19, 1995.

Resolution· SRESS.Res. 66 (104th)passed

A resolution to prevent the adoption of certain national history standards.

United States · United States Congress · 20 January 1995

Expresses the sense of the Senate that: (1) the National Education Goals Panel should disapprove, and the National Education Standards and Improvement Council should not certify, any voluntary national content or student performance standards, or criteria for the certification of such standards, on the subject of world and U.S. history, developed prior to February 1, 1995; (2) such standards and criteria established under the Goals 2000: Educate America Act should not be based on standards developed primarily by the National Center for History in the Schools prior to February 1, 1995; and (3) if the Department of Education, the National Endowment for the Humanities, or any other Federal agency provides funds for the development of such standards and criteria, the recipient of such funds should have a decent respect for the contributions of western civilization and U.S. history, ideas, and institutions, to the increase of freedom and prosperity around the world.

Resolution· SCONRESS.Con.Res. 3 (104th)open

A concurrent resolution relative to Taiwan and the United Nations.

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.

Bill· SS. 240 (104th)open

Private Securities Litigation Reform Act of 1995

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.