United States · United States Congress · 14 March 1995
Amends the Fair Labor Standards Act of 1938 to apply an overtime exemption to employees of any establishment (currently, any retail or service establishment) whose regular rate of pay exceeds one and one-half times the minimum wage and more than half of whose compensation represents commissions on goods or services.
United States · United States Congress · 9 March 1995
Truth in Lending Act Amendments of 1995 - Amends the Truth in Lending Act pertaining to consumer credit cost disclosure to exclude from the determination of finance charges: (1) charges imposed by third parties not affiliated with the creditor (including settlement agents, attorneys, and escrow and title companies) if the creditor does not expressly require the imposition of such charges and does not retain them; (2) taxes levied on security instruments or evidences of indebtedness if payment is a precondition for recording such an instrument; (3) fees, for preparation of loan-related documents and attending or conducting settlement in extensions of credit secured by interest in real property; and (4) fees related to pest infestation on premises, structural inspections, and flood hazards. (Sec. 3) Excludes from a consumer's statutory right of rescission certain refinancings or consolidations of debt secured by a first lien. (Sec. 4) Increases the allowable tolerances for accuracy pertaining to the annual percentage rate disclosure requirements on consumer credit transactions. Provides that the disclosure for per diem interest shall be deemed to be accurate if it is based on information actually known to the creditor at the time that the disclosure documents are being prepared for the consummation of the transaction. (Sec. 5) Sets forth liability limitations for: (1) a creditor's treatment, for disclosure purposes, of specified taxes, fees, and charges other than finance charges; and (2) a creditor's finance charge disclosures within specified tolerance limits. (Sec. 7) Provides that the statute of limitations on a consumer's right of rescission is absolute and acts as a bar to any subsequent assertion of such rescission in State or Federal court. (Sec. 8) Narrows the civil liability guidelines for consumer credit disclosures to: (1) declare a creditor liable for actual damages sustained by a person to the extent such person demonstrates reliance on the inaccurate disclosure which prevented the person from accepting better credit terms actually available from another creditor; (2) revise the general rules for liability of a creditor's voluntary assignee for a violation apparent on the face of the disclosure statement; and (3) declare that a servicer of a consumer obligation shall not be treated as an assignee unless the servicer is the owner of the obligation.
United States · United States Congress · 8 March 1995
Establishes the Deficit Reduction Trust Fund, consisting of amounts contained in deficit reduction lock box provisions of appropriations Acts. Reduces discretionary spending limits by amounts transferred to the Fund. Amends the Congressional Budget Act of 1974 to require that amounts resulting from reduced spending under general appropriations bills be placed in the Fund. Requires the Congressional Budget Office to score all general appropriations measures as passed by the House and Senate and to publish such scorecard in the Congressional Record.
United States · United States Congress · 8 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.
United States · United States Congress · 8 March 1995
Constitutional Amendment - Makes persons who have been elected to the: (1) Senate two times ineligible for election to the Senate; and (2) House of Representatives six times ineligible for election to the House. Provides that election before this article is ratified shall not be taken into account, but makes valid any State limitation on service for Members of Congress, provided such limitation does not exceed the limitation set forth by this amendment.
United States · United States Congress · 7 March 1995
Amends the Federal criminal code to provide that if retaliation against a witness, victim, or informant occurred because of attendance at or testimony in a criminal case, the maximum term of imprisonment which may be imposed for the offense shall be the higher of that otherwise provided by law or the maximum term that could have been imposed for any offense charged in such case.
United States · United States Congress · 7 March 1995
Amends the Federal criminal code to provide that if an offense under provisions regarding influencing or injuring an officer or juror occurs in connection with a trial of a criminal case, the maximum term of imprisonment which may be imposed for the offense shall be the higher of that otherwise provided by law or the maximum term that could have been imposed for any offense charged in such case.
United States · United States Congress · 7 March 1995
Amends the Federal criminal code to provide that if an offense of tampering with a witness, victim, or informant occurs in connection with a trial of a criminal case, the maximum term of imprisonment which may be imposed for the offense shall be the higher of that otherwise provided by law or the maximum term that could have been imposed for any offense charged in such case.
United States · United States Congress · 3 March 1995
Medical Procedures Innovation and Affordability Act - Prohibits the issuance of a patent for any invention or discovery of a technique, method, or process for performing a surgical or medical procedure, administering a surgical or medical therapy, or making a medical diagnosis. Provides that if a technique, method, or process is performed by or as a necessary component of a machine, manufacture, or composition of matter or improvement which is itself patentable subject matter, the patent on such machine, manufacture, or composition may claim the technique, method, or process.
United States · United States Congress · 2 March 1995
Provides that, in the administration of the child labor provisions of the Fair Labor Standards Act of 1938, minors under age 18 shall be permitted to load materials into balers or compactors that meet specified safety standards of the American National Standards Institute.
United States · United States Congress · 2 March 1995
ROTC Campus Access Act - Prohibits the availability of Federal funds by contract or grant to any institution of higher education that has an anti-ROTC (Reserve Officer Training Corps) policy and at which the Secretary of Defense would otherwise seek to either establish a unit of the Senior ROTC or enroll students in such program. Requires notice of the anti-ROTC policy determination to be: (1) transmitted to the Secretary of Education and specified congressional committees; and (2) published in the Federal Register (along with a list of each institution currently ineligible for Federal funds due to such determination).
United States · United States Congress · 28 February 1995
Travel and Tourism Relief Act of 1995 - Amends the Internal Revenue Code to provide that qualified travel agents shall not be treated as employees for purposes of employment taxes. Increases the deduction for business meals and entertainment from 50 percent to 80 percent of allowable expenses. Repeals the scheduled increase in the rate of tax on fuel used in commercial aviation. Allows an itemized deduction for expenses incurred in promoting tourism to the United States by non-U.S. residents. Allows a tax deduction for the attendance at conventions on foreign-flagged cruise ships.
United States · United States Congress · 24 February 1995
Amends the Goals 2000: Educate America Act to eliminate the National Education Standards and Improvement Council (the Council). Prohibits any Federal agency from expending Federal funds for the development or dissemination of model or national content standards, national student performance standards, or national opportunity-to-learn standards. Eliminates the requirement that the National Education Goals Panel review and approve such standards and criteria. Terminates funding for: (1) the Council; (2) opportunity-to-learn development grants; and (3) assessment development and evaluation grants. Makes technical and conforming amendments to the Elementary and Secondary Education Act of 1965, the General Education Provisions Act, and the Education Amendments of 1978.
United States · United States Congress · 23 February 1995
Ricky Ray Hemophilia Relief Fund Act of 1995 - Establishes in the U.S. Treasury the Ricky Ray Hemophilia Relief Fund. Authorizes appropriations. Specifies that any individual who submits to the Attorney General written medical documentation that the individual has a human immunodeficiency virus (HIV) infection shall receive $125,000 from amounts available in the Fund if the individual: (1) has a blood-clotting disorder and was treated with blood-clotting agents between January 1, 1980, and December 31, 1987; (2) is the lawful spouse of such individual or the former lawful spouse and was the lawful spouse of the individual at any time after a date within such period on which the individual was treated; or (3) acquired the HIV infection through perinatal transmission from a parent who is such an individual. Requires that a claim for payment be filed with the Attorney General by or on behalf of such individual and that the Attorney General determine that the claim meets the requirements of this Act. Specifies that a claim under this Act shall not be assignable or transferable. Sets limits regarding the number of claims per victim. Prohibits the Attorney General from paying claims filed under this Act unless filed within three years after this Act's enactment.
United States · United States Congress · 23 February 1995
Amends the Nuclear Waste Policy Act of 1982 to revise and rename it the Integrated Spent Nuclear Fuel Management Act of 1995. (Sec. 1) Instructs the Secretary of Energy (the Secretary) to accept spent nuclear fuel and high-level radioactive waste by not later than January 31, 1998. Entitles contract holders to specified remedies for the Secretary's failure to meet service contract obligations, or to accept spent nuclear fuel and high-level radioactive waste as mandated under this Act. States that the Nuclear Waste Fund shall fund the execution of service contract and implementation of the Secretary's responsibilities, including the acceptance of spent nuclear fuel and high-level radioactive waste at contract holder sites and transporting such fuel or waste to a private storage facility. Establishes an integrated spent nuclear fuel management system for spent nuclear fuel and high-level radioactive waste, including its storage, transportation, and disposal. Prescribes procedural guidelines for the use of: (1) railroads; (2) transportation planning and requirements; (3) multi-purpose canister systems; (4) interim storage facilities; (5) permanent disposal; (6) land withdrawal; and (7) private storage facilities. Prescribes consultation and assistance guidelines between the Secretary and the State of Nevada. Prescribes budget priorities for purposes of annual requests for appropriations from the Waste Fund. Prescribes a fee schedule for electricity and nuclear fuel used to generate electricity in a civilian nuclear power reactor. Sets forth advance contract prerequisites for utilization or production facility license renewals. Reestablishes the Nuclear Waste Fund and the Office of Civilian Radioactive Waste Management. Directs the Secretary to: (1) establish by rule the appropriate portion of the costs of managing high-level radioactive waste and spent nuclear fuel allocable to the interim storage or permanent disposal of high-level radioactive waste and spent nuclear fuel from atomic energy defense activities; and (2) advise the Congress annually of the amount of high-level radioactive waste and spent nuclear fuel from atomic energy defense activities requiring management in the integrated spent nuclear fuel management system. Subjects the Secretary to all Federal, State, and local environmental or land use laws and regulations, with specified exceptions. Grants the U.S. courts of appeals original and exclusive jurisdiction over civil actions under this Act. Provides that upon a contract holder's request, the Secretary shall take title to or possession of spent nuclear fuel or high-level radioactive waste without removing it from the contract holder's designated storage site if the Secretary cannot accept such items within the contract's acceptance schedule. Requires the NRC to promulgate regulatory guidelines for: (1) financial assurances for low-level radioactive waste site closures; and (2) training and qualification of civilian nuclear powerplant personnel. Reestablishes the Nuclear Waste Technical Review Board. Authorizes appropriations. Directs the Secretary to take action as necessary to improve the management of the civilian radioactive waste management program to ensure that it is operated to the maximum extent like a private business. States that the program is not subject to civil service regulations. Abolishes the Interim Storage Fund, the Monitored Retrievable Storage Commission, the Office of Subseabed Disposal Research, and the Office of Nuclear Waste Negotiator. Repeals all references to the Yucca Mountain site. Requires the Secretary to report to the Congress whether particular milestones have been reached with respect to: (1) multi-purpose canister systems; (2) land withdrawals; (3) interim storage facilities; and (4) acceptance of spent nuclear fuel from contract holders. Directs the Secretary to: (1) create a value engineering function within the Office of Civilian Radioactive Waste Management; and (2) employ on an on-going basis, integrated performance modeling regarding site characterization. (Sec. 2) Sets forth transition provisions for the continuation of: (1) contracts; (2) Nuclear Waste Fund; (3) Office of Civilian Radioactive Waste Management; and (4) Nuclear Waste Technical Review Board. (Sec. 3) Mandates that amounts in the Nuclear Waste Fund be appropriated exclusively for certain authorized purposes cited in the Nuclear Waste Policy Act of 1982. Precludes such appropriations from being taken into account for any budget enforcement procedures under the Balanced Budget and Emergency Deficit Control Act of 1985. Amends such Act to provide that appropriations to the Nuclear Waste Fund are not subject to its discretionary spending limits or to a certain allocation of the Energy and Waster Development Subcommittee of the Appropriations Committee. Reduces specified discretionary spending limits under the Congressional Budget Act of 1974.
United States · United States Congress · 21 February 1995
ERISA Targeted Health Insurance Reform Act of 1995 - Title I: Improved Access to Affordable Health Plan Coverage - Subtitle A: Increased Availability and Continuity of Group Health Plan Coverage for Employees and Their Families - Amends the Employee Retirement Income Security Act of 1974 (ERISA) to provide for access to, and continuity of, group health plan coverage. (Sec. 1001) Provides for: (1) nondiscrimination and limitations on preexisting condition exclusions; (2) portability; (3) requirements for renewability of coverage; and (4) group health plan participation standards. Encourages private standards-setting organizations for provider networks and utilization review under group health plans. Establishes standards applicable to insurers offering health insurance coverage to group health plans. Provides for enforcement with respect to insurers offering health insurance coverage to group health plans. Preempts State laws that differ from such uniform national standards under ERISA. Subtitle B: Requirements for Insurers Offering Health Insurance Coverage to Group Health Plans of Small Employers - Establishes ERISA requirements for insurers offering health insurance coverage to group health plans of small employers. (Sec. 1101) Requires insurers to offer general, catastrophic, and optional medisave coverage to small employers. Requires use of fair rating, uniform marketing materials, and miscellaneous consumer protections. Authorizes States to implement and enforce such uniform national standards. Grants States that elect to implement such standards the exclusive authority to enforce them as they apply to insurers only, and not to the group health plans purchasing health insurance coverage. Allows a three-year phase-in period during which States can conform existing standards with such uniform standards. Preempts differing standards after such period. Subtitle C: Encouragement of Multiple Employer Health Plans and Preemption - Limits the scope of State regulation. Prohibits: (1) State benefit mandates for group health plans; and (2) State prohibition of employer groups purchasing health insurance. Preempts State anti-managed care laws. (Sec. 1202) Preempts State laws for multiple employer health plans meeting Federal standards. Relieves exempted multiple employer health plans of certain restrictions on preemption of State law. Treats such plans as employee welfare benefit plans. Sets forth an exemption procedure and eligibility requirements, as well as additional requirements applicable to exempted multiple employer health plans. Requires: (1) disclosure to participating employers by arrangements providing medical care; (2) maintenance of reserves; and (3) notice for voluntary termination. Sets forth provisions for: (1) corrective actions and mandatory termination; (2) expiration, suspension, or revocation of exemption; and (3) review of actions of the Secretary of Labor. (Sec. 1203) Revises provisions relating to: (1) the scope of preemption rules; (2) treatment of single employer arrangements; and (3) treatment of certain collectively bargained arrangements. (Sec. 1206) Sets forth requirements for employee leasing health care arrangements. (Sec. 1207) Sets forth enforcement provisions relating to multiple employer welfare arrangements and employee leasing health care arrangements. (Sec. 1208) Sets forth filing requirements for multiple employer welfare arrangements offering health benefits. (Sec. 1209) Provides for cooperation between Federal and State authorities. (Sec. 1210) Revises provisions for treatment of employer health coalitions and health maintenance organizations. (Sec. 1211) Requires a single annual filing for all participating employers. Subtitle D: Remedies and Enforcement with Respect to Group Health Plans - Sets forth a claims procedure for group health plans, as well as court remedies for claims disputes. Subtitle E: Funding and Plan Termination Requirements for Self-Insured Group Health Plans - Sets forth special rules for funding and plan termination for self-insured group health plans. Subtitle F: General Provisions - Declares that nothing in this Act may be construed to require the coverage of any specific procedure, treatment, or service as part of a group health plan or health insurance coverage under this Act or through regulation.
United States · United States Congress · 21 February 1995
TABLE OF CONTENTS: Title I: Definitions and Special Rules Title II: Access to and Fair Rating of Health Insurance Coverage for Individuals Subtitle A: Increased Availability and Continuity of Health Insurance Coverage for Individuals Subtitle B: Establishment of Standards; Enforcement; Effective Dates Targeted Individual Health Insurance Reform Act of 1995 - Title I: Definitions and Special Rules - Sets forth definitions for this Act, including defining "medisave coverage" as consisting of: (1) coverage of expenses exceeding a catastrophic deductible amount; and (2) a cash benefit that accumulates while not used, to be used for deductibles, cost-sharing, and other expenses. Title II: Access to and Fair Rating of Health Insurance Coverage for Individuals - Subtitle A: Increased Availability and Continuity of Health Insurance Coverage for Individuals - Regulates the periods during which insurers of individuals may deny, limit, or exclude coverage based on health status or related matters. (Sec. 2002) Reduces any exclusion period by any time in continuous coverage. Considers newborns and adopted children as not having any preexisting condition. (Sec. 2003) Prohibits cancellation (or denial of renewal) except for premium nonpayment, fraud, or plan noncompliance, or if the insurer is ceasing to provide any such coverage. (Sec. 2011) Requires insurers of individuals to meet the standards of these provisions. Provides for determination by the Secretary of Health and Human Services that a private entity has established standards for provider networks. (Sec. 2012) Prohibits coverage denial on the basis of a utilization review program unless the program meets the standards determined by the Secretary to have been established by a private entity. (Sec. 2021) Requires insurers of individuals to make available general, catastrophic, and medisave coverage. (Sec. 2022) Prohibits rates from varying except for specified factors. Subtitle B: Establishment of Standards; Enforcement; Effective Dates - Provides for development: (1) by the National Association of Insurance Commissioners of standards regarding subtitle A; and (2) by a private entity regarding utilization review standards. (Sec. 2102) Allows States to elect whether to enforce standards under this Act. Directs the Secretary to enforce them if a State does not. (Sec. 2103) Preempts related State or local standards and laws, including certain State anti-managed care laws.
United States · United States Congress · 21 February 1995
Amends title XVIII (Medicare) of the Social Security Act to limit Medicare coverage of chiropractic services to certain services for the treatment of spinal conditions that are conducted by State-licensed doctors of chiropractic legally authorized by the State to provide them.
United States · United States Congress · 16 February 1995
TABLE OF CONTENTS: Title I: Tax Incentives for Oil and Gas Production Subtitle A: Production Credit Subtitle B: Modifications to Percentage Depletion Subtitle C: Other Provisions Title II: Regulatory Reform Subtitle A: Oil Pollution Act Amendments Subtitle B: Oil and Gas Royalties Subtitle C: Private Property Rights Subtitle D: Risk Assessments Title III: Repeal of Limitations on Exports Domestic Oil and Gas Production and Preservation Act - Title I: Tax Incentives for Oil and Gas Production - Subtitle A: Production Credit - Amends the Internal Revenue Code to allow a business tax credit for producing crude oil and natural gas from new wells and marginal wells. Provides: (1) a formula for reducing such credit in years in which oil and gas prices increase; and (2) an inflation adjustment for such formula. Allows such credit against the regular and minimum tax. Subtitle B: Modifications to Percentage Depletion - Repeals the net income limitation on percentage depletion for oil and gas properties. (Sec. 112) Makes all marginal production of domestic crude oil or domestic natural gas eligible for percentage depletion. (Sec. 114) Revises the percentage depletion rate for such marginal production. Subtitle C: Other Provisions - Allows the election to treat geological and geophysical expenses incurred in connection with the exploration for, or development of, domestic oil or gas as expenses which are not chargeable to capital account. (Sec. 122) Makes the enhanced oil recovery credit applicable to secondary recovery methods. Allows such credit against the minimum tax. (Sec. 123) Allows the election of an optional five-year writeoff of intangible drilling costs for minimum tax purposes. Title II: Regulatory Reform - Subtitle A: Oil Pollution Act Amendments - Amends the Oil Pollution Act of 1990 to revise general financial responsibility requirements for offshore facilities. Requires responsible parties (except as provided in provisions regarding deepwater ports) to maintain financial responsibility as described by this Act with respect to offshore facilities seaward of the U.S. coastline that are used for drilling for, producing, or processing oil or that have the capacity to transport, store, transfer, or handle more than 1,000 barrels of oil at any one time. Requires the financial responsibility of an offshore facility to be $35 million, unless the President determines that a greater amount (not to exceed $150 million) is necessary based on an assessment of the risk posed by such facility. Subtitle B: Oil and Gas Royalties - Establishes a six-year statute of limitations on actions commenced by the United States for recovery of royalties due under an oil and gas lease on Federal lands unless a lessee has made a false or fraudulent statement with the intent to evade the royalties due. Subtitle C: Private Property Rights - Private Property Owners Bill of Rights - Provides for the protection of private property rights. (Sec. 235) Prohibits an agency head from entering privately owned property to collect information regarding it without the owner's written consent and specified notices. (Sec. 236) Sets forth conditions under which an agency head may use the data collected from privately owned property to implement or enforce any applicable provisions of law. (Sec. 237) Amends the Federal Water Pollution Control Act to grant a right to an administrative appeal of wetlands decisions. (Sec. 238) Amends the Endangered Species Act of 1973 to grant owners or their authorized representatives a right to an administrative appeal with regard to certain actions under that Act. (Sec. 239) Provides compensation for the taking of private property. (Sec. 240) Amends the Endangered Species Act of 1973 to provide for private property owner participation in cooperative agreements. Subtitle D: Risk Assessments - Requires each agency head to prepare a risk assessment, according to specified principles distinguishing scientific findings and best estimates of risk from other considerations, for each major rule relating to human health, safety, and natural resources. Requires the President, within one year after enactment of this Act, to issue a final regulation implementing such risk assessment and characterization principles. Provides for petitions for review of major rule risk assessments. Sets forth agency head decisional criteria and regulatory priorities. Directs the President to develop a systematic program for peer review of work products. Title III: Repeal of Limitations on Exports - Amends the Export Administration Act of 1979, the Mineral Lands Leasing Act, the Energy Policy and Conservation Act, and the Outer Continental Shelf Lands Act to repeal limitations on the export of domestically produced crude oil. Declares that the President may not prohibit or curtail the export of domestically produced crude oil other than crude oil produced from the naval petroleum reserves.
United States · United States Congress · 15 February 1995
TABLE OF CONTENTS: Title I: Research and Related Programs Title II: Construction Grants Title III: Standards and Enforcement Title IV: Permits and Licenses Title V: General Provisions Title VI: State Water Pollution Control Revolving Funds Title VII: Miscellaneous Provisions Title VIII: Wetlands Conservation and Management Clean Water Amendments of 1995 - Title I: Research and Related Programs - Amends the Federal Water Pollution Control Act (the Clean Water Act or CWA) to add national goal and policy provisions with respect to water quality programs. Directs the Administrator of the Environmental Protection Agency (EPA) to assess and document alternative regulatory approaches for protecting water quality and to develop regulations and guidance based upon the best obtainable information, including risk reduction benefits achievable by alternatives. (Sec. 102) Authorizes appropriations through FY 2000 for grants to States and interstate agencies for assistance in administering pollution control programs. Title II: Construction Grants - Removes limitations on the use of grants for the construction of publicly owned treatment works and authorizes the use of such grants for purposes for which grants may be made under nonpoint source management and groundwater quality programs. (Sec. 201) Requires grant applicants to demonstrate, along with other existing requirements, that wastewater reduction and other water use efficiency options have been studied and evaluated and, if cost-effective, implemented. (Sec. 202) Authorizes the Administrator to negotiate an annual budget with a State for purposes of administering a closeout of the State's construction grants program. (Sec. 205) Requires value engineering reviews to be conducted for any treatment works construction projected in excess of $25 million (currently, $10 million). Title III: Standards and Enforcement - Revises provisions concerning the use of innovative technology to comply with effluent reduction requirements to authorize the Administrator, if a facility achieves reductions with an innovative system that has the potential for reducing the release of pollutants to other media, to extend the date of compliance for such facility for up to three (currently, two) years if the system has industry-wide application potential. (Sec. 301) Prohibits discharges from, or affected by, remining operations from exceeding State water quality standards except where monitoring demonstrates that the receiving waters do not meet such standards prior to commencement of remining and where the water quality of the receiving stream is projected to be improved by remining. (Current law provides no exception.) (Sec. 302) Directs the Administrator to publish guidance for States on the development and adoption of water quality standards applicable to navigable waters that contain little or no water during low flow periods. Allows city, county, or local government employees or officials to be members of boards that approve discharge permit applications notwithstanding a prohibition on membership for persons who have received a significant portion of income from permit holders or applicants. (Sec. 303) Directs the Administrator or the Secretary responsible for a regulatory requirement, in developing standards, effluent limitations, or other regulatory requirements (other than permit or procedural requirements), to perform risk assessments consistent with guidelines issued by the Administrator. Requires such assessments to be performed in conjunction with any proposed regulation. Prohibits the issuance of any regulatory requirement or guidance where the social, environmental, and economic benefits are not reasonably related to anticipated costs. Provides that such guidelines shall require: (1) use of all relevant and available scientific data and information; (2) identification and discussion of assumptions and models used in the risk assessment as well as alternatives and sensitivity of results to such assumptions and models; (3) a quantitative estimate of the uncertainty inherent in the risk assessment; (4) a comparison of the risk with other risks to human health or the environment; (5) an estimate of the incremental risk avoided by the standard, effluent limitation, or requirement and the anticipated social, environmental, and economic benefits; and (6) an estimate of the social, environmental, and economic costs of complying with the standard, limitation, or requirement. Exempts standards, effluent limitations, or other regulatory requirements that are issued in final form within one year of this Act's enactment date from risk assessment requirements. (Sec. 304) Requires effluent standards for toxic pollutants to take into account the bioaccumulation potential of, and magnitude and risk of exposure to, a pollutant. Directs State Governors or water pollution control agencies to hold public hearings for purposes of reviewing, modifying, or adopting water quality standards at least once every five (currently, three years). Authorizes the Administrator to develop and issue guidance that States may use in: (1) issuing fish consumption advisories and scientific protocols for testing contamination levels of fish; (2) developing a monitoring program for contaminants in fish and shellfish; and (3) monitoring water quality at beaches and issuing health advisories with respect to beaches. (Sec. 305) Permits (currently, requires) a State to be joined as a party to a civil action brought by the United States under the CWA against a municipality located in such State. (Sec. 306) Revises provisions regarding water pollution control at Federal facilities to waive the sovereign immunity of the United States with respect to any requirement, administrative authority, or sanctions that may be imposed for violations. Provides that Federal employees may be subject to criminal sanctions, but exempts Federal agencies from such sanctions. Authorizes the Administrator to commence administrative enforcement actions against Federal agencies under this Act. Includes Federal agencies in the definition of "person." (Sec. 307) Authorizes appropriations for FY 1996 through 2000 for the clean lakes program. (Sec. 308) Revises the required elements of nonpoint source management programs and includes within such programs: (1) a schedule containing interim goals and milestones for making reasonable progress toward the attainment of standards; (2) a description of monitoring or assessment of program effectiveness; and (3) an identification of activities on Federal lands that are inconsistent with such programs. Grants States six (currently, three) months to submit revised programs in cases where modifications are required for approval. Requires the Administrator to prepare nonpoint source management programs for States that fail to do so or whose plans are not approved. Authorizes (currently, requires) the Administrator to make grants to States for preparing and implementing such management programs and preparing assessment reports. Increases the maximum Federal share of the cost of such programs to 75 (currently, 60) percent of the cost incurred by a State in preparing and implementing such reports and programs. Directs the Administrator to establish maximum and minimum grants for any fiscal year to promote equity between States and effective nonpoint source management. Sets forth limitations on the use of such grants. Requires the Administrator to study and report to the Congress on whether the allocation of funds for such grants reflects the costs of nonpoint source control measures for different nonpoint source categories and on options for better reflecting such costs in the allotment of funds. Increases the maximum amount of Federal assistance for grants to States for groundwater quality protection. Extends the authorization of appropriations for grants for assessment reports, nonpoint source management programs, and groundwater protection programs through FY 2000. Directs the Administrator to publish guidance to identify model management practices and measures which may be undertaken under such management programs. Requires compliance deadlines for nonpoint source management requirements to be postponed for one year for each fiscal year for which amounts appropriated to carry out grant programs for nonpoint source pollution and groundwater quality are less than the total amounts authorized to be appropriated. (Sec. 310) Authorizes States to submit watershed management programs to the Administrator for approval. Sets forth minimum requirements for such programs and lists activities that are eligible for assistance under the CWA. Permits States to adopt watershed management plans to be effective for up to ten years and to include planning and implementation schedules with milestones. Authorizes the issuance of pollutant discharge permits with limitations that do not meet applicable water quality standards if: (1) the receiving water is in a watershed with an approved plan; (2) the plan includes enforceable requirements under a State or local law for nonpoint source pollutant load reductions that will meet applicable water quality standards before the plan's expiration date; and (3) the point source does not have a history of significant noncompliance with its effluent limitations under a permit. Sets forth provisions regarding permit terms. Provides that if a State with an approved watershed management program makes a showing satisfactory to the Administrator that the State watershed and nonpoint source management programs will provide for the protection of coastal waters generally and contain other specified elements, such watershed program shall be deemed to be in compliance with the CWA and the Coastal Zone Act Reauthorization Amendments of 1990. Authorizes the Administrator to provide multipurpose grants to States with approved watershed management programs. Permits point source dischargers, as part of an approved watershed management program, to offset the impact of a pollutant discharge by entering into arrangements, including the payment of funds, for the implementation of source controls by another discharger through a pollution reduction credits trading program so long as safeguards are included to ensure compliance with technology based controls and to protect the quality of receiving waters. Directs the Administrator to allocate sums to carry out pollution reduction credits trading programs in selected areas of the country. Title IV: Permits and Licenses - Provides that, for purposes of provisions regarding pollutant discharge permits, waste treatment systems, including retention ponds or lagoons used to meet CWA requirements for concentrated animal feeding operations, are not waters of the United States. Authorizes an existing concentrated animal feeding operation that uses a natural topographic impoundment or structure, which is not hydrologically connected to any other U.S. waters, to continue to use the natural topographic feature for waste storage regardless of its size, capacity, or previous use. (Sec. 402) Revises stormwater discharge permitting provisions. Lists discharges composed entirely of stormwater for which permits are required under this section. Makes other such discharges subject to requirements for nonpoint source management programs. Establishes additional requirements for permits for municipal separate storm sewer systems, including that they: (1) require reasonable progress toward attainment of water quality standards; and (2) have additional requirements for the implementation of cost-effective controls for the control of discharges to attain or maintain such standards if they are renewed after this Act's enactment. Directs the Administrator to issue a consolidated permit for discharges from a storm sewer system owned by a municipality and the stormwater discharges from industrial sources owned by the same municipality. Authorizes the issuance of general or group permits for any discharges, other than those from municipal separate storm sewer systems, if the discharges are similar in nature and application of similar management measures will reduce pollution occurring from such discharges or if the Administrator finds that the issuance of general permits is appropriate. Prohibits the Administrator from requiring, as a permit condition for a discharge from a municipal separate storm sewer system, compliance with a numeric effluent limitation or an applicable water quality standard before December 31, 2009, except to implement management measures under regulations for municipal separate storm sewer systems. Sets forth requirements for regulations regarding permit application requirements for industrial and specified municipal stormwater discharges. Authorizes the Administrator to make grants to operators of municipal storm sewer systems for which permits are required for projects for the assessment of cost-effective controls. Extends compliance deadlines with respect to numeric effluent limitations or water quality standards required for specified municipal separate storm sewer systems if such grants total less than $20 million in any fiscal year. (Sec. 403) Requires each permit issued for a discharge from a combined storm and sanitary sewer to conform with the combined sewer overflow control policy signed by the Administrator on April 11, 1994. Authorizes the Administrator, notwithstanding specified compliance schedules and permit limitations, to issue a permit for discharges from such sewers that includes a schedule for compliance with a long-term control plan for a term of up to 15 years. Provides for extensions of such term, as appropriate. Modifies any consent decree or court order issued before this Act's enactment date by a district court that establishes any deadlines or timetables for the construction of treatment works for control of discharges from a municipal combined sewer system to make deadlines or timetables conform with this section's requirements. (Sec. 404) Requires the discharge permit program to provide that an owner or operator of a point source subject to a permit will not be required to remove or reduce the level of pollutants in a discharge if such pollutants are present in or caused by the intake waters for such source. (Sec. 405) Requires the Administrator to issue guidance on the beneficial use of sewage sludge. Title V: General Provisions - Directs the Administrator to involve State, tribal, and local governments in EPA decisionmaking, priority setting, policy and guidance development, and implementation under the CWA. (Sec. 502) Requires the President or head of any agency, in promulgating rules or establishing interpretations, guidelines, standards, or criteria for oil and grease under the CWA or the Oil Pollution Act of 1990, to: (1) differentiate animal fats and vegetable oils from other oils, including petroleum-based oils; and (2) consider differences in the physical, chemical, biological, or other properties and environmental effects of animal fats and vegetable oils from those other oils. (Sec. 503) Requires a CWA cost and needs estimate to be submitted quadrennially (currently, biennially) to the Congress. (Sec. 504) Reauthorizes the CWA through FY 2000. (Sec. 505) Directs the Administrator, prior to issuing any proposed or final regulation or other requirement pursuant to the CWA, to conduct: (1) an analysis of the direct and indirect costs for State and local governments to comply with the requirement in the five-year period following implementation; (2) an estimate of the amounts that will be authorized for providing Federal financial assistance for implementation of and compliance with the requirement for such period; (3) an estimate of the amounts that will be appropriated for such assistance for such period based on funding levels adopted as part of a concurrent resolution setting forth the congressional budget; (4) an assessment of the availability of other sources of funding for State and local governments to comply with such requirement; (5) an estimate of the amounts that will be authorized and appropriated for providing Federal assistance for the requirement for the fiscal year during which the requirement is to be implemented and the two preceding fiscal years; and (6) a certification that the amounts that will be appropriated exceed 90 percent of the costs for State and local governments to comply with the requirement. Requires the Administrator, if such certification is not made, to transmit to specified congressional committees a report explaining the reasons for not making such certification and the likely impacts of not adequately funding State and local governmental efforts to comply with the requirement. Title VI: State Water Pollution Control Revolving Funds - Authorizes State revolving funds (SRFs) to be used for water use efficiency measures whose principal purpose is improving or protecting water quality. (Sec. 602) Requires the Administrator to establish simplified procedures for small systems to obtain assistance from SRFs. (Sec. 603) Provides for an extended repayment period for loans made from SRFs to disadvantaged communities. Authorizes negative interest rates for such loans. Permits SRFs to be used to provide technical, planning, and other specified assistance to small systems. (Sec. 604) Authorizes and allocates appropriations for the SRF program through FY 2000. Title VII: Miscellaneous Provisions - Requires the Administrator to study and report to the Congress on future funding options for financing infrastructure projects under the CWA. Authorizes appropriations. Title VIII: Wetlands Conservation and Management - Comprehensive Wetlands Conservation and Management Act of 1995 - Prohibits, unless such activity is undertaken pursuant to a permit issued by the Secretary of the Army: (1) the discharge of dredged or fill material into U.S. waters; or (2) the draining, channelization, or excavation of wetlands. (Sec. 803) Requires the Secretary, upon receiving permit applications, to: (1) classify as Type A wetlands wetlands that are of critical significance to the long-term conservation of an ecosystem; (2) classify as Type B wetlands wetlands that provide habitat for a significant population of wildlife or provide other significant wetlands functions; and (3) classify as Type C wetlands wetlands that serve marginal functions but exist in such abundance that regulation of activities is not necessary to conserve wetlands values and functions, or are lands that do not serve significant wetlands functions. Permits owners of interests in Type A wetlands to seek compensation for the fair market value of such lands. Provides that title for such lands shall pass to the United States upon acceptance of an offer for compensation. Requires the Secretary to deny a permit authorizing activities in Type A wetlands unless: (1) such activities can be undertaken with minimal alteration or disturbance; (2) there are public interest concerns that require use of the lands for purposes other than conservation; or (3) the proposed use of the land will result in overall environmental benefits. Authorizes the Secretary to issue a permit for activities in Type B wetlands subject to conditions that ensure that the wetland ecosystem does not suffer loss or degradation. Imposes requirements for mitigation when such activities result in permanent wetland loss or degradation. Directs the Secretary to establish a mitigation banking program in each State to ensure compensation for loss and degradation of wetlands. Requires the primary objective of such programs to be to provide for the restoration, enhancement, or creation of ecologically significant wetlands on an ecosystem basis. Exempts specified activities from this Act's requirements. Prohibits more than 20 percent of any county, parish, or borough from being classified as Type A wetlands. Requires wetlands located on agricultural and associated nonagricultural lands to be delineated by the Secretary of Agriculture in accordance with the Food Security Act of 1985. Requires the Director of the U.S. Fish and Wildlife Service to undertake a project to identify and classify U.S. wetlands. Directs the Secretary to establish procedures pursuant to which: (1) landowners may appeal determinations of regulatory jurisdiction over a parcel of property, wetlands classifications with respect to property, or determinations that an activity is not regulated under a general permit; (2) any person may appeal a determination that a proposed activity is not exempt (non-exempt activities require permits); (3) permit applicants may appeal determinations to deny issuance of a permit or to impose a requirement under the permit; and (4) landowners or others required to restore or alter property may appeal an order to do so. Provides that persons who have filed appeals shall not be required to pay penalties or perform mitigation or restoration until the appeal has been decided. Authorizes civil actions and prescribes penalties for permit violations. Authorizes States to administer permit programs for activities covered by this Act, subject to the Secretary's approval. Directs the Secretary, in implementing responsibilities under the regulatory program, to balance the objective of conserving functioning wetlands with the objectives of ensuring continued economic growth, providing essential infrastructure, maintaining strong State and local tax bases, and protecting against the diminishment and value of private property. Requires the Secretary and the heads of Federal agencies to seek to minimize the effects of the regulatory program on the use and value of private property.
United States · United States Congress · 15 February 1995
Missing Service Personnel Act of 1995 - Requires the military commander of the unit, facility, or area to which the following persons are assigned to conduct an investigation as to their whereabouts after receiving factual information that their status is uncertain: (1) military personnel who disappear during a period of war, national emergency, or hostilities; and (2) any civilian Federal employee (including an employee of a Federal contractor) who serves with or accompanies an armed force in the field during such a period. Requires such persons to be placed in a missing status and requires notification of such status to either the officer having general court-martial authority over the person (for military personnel) or the Secretary of the military department employing such person (for civilian and contractor employees). Requires such officials to be kept informed (specifies deadlines) as to all information and inquiries concerning efforts to locate such missing personnel. Requires such officials to appoint a board to conduct an inquiry into the whereabouts and status of such persons. Provides for: (1) board composition, activities, and access to information; (2) inquiry proceedings (requiring the appointment of counsel, with specified duties, to represent the missing person); (3) a board recommendation as to the official status of a person following such an inquiry; (4) board reports to the officials involved as to board conclusions (prohibiting public availability of such reports for a one-year period); (5) report review by the official; (6) a report from such official to interested persons; and (7) an additional investigation and inquiry by an additional board upon receipt of new information within one year after the date of the first official notice of a person's disappearance. Allows interested persons (family members, dependents, next of kin) to participate at the proceedings of the board during such additional inquiry. Provides for the availability of appropriate information to board personnel conducting investigations and inquiries. Provides similar procedures for the second board with respect to meetings (open to the public, with exceptions), recommendations, reports, review by the Secretary of the military department concerned, and reports to interested persons. Directs the Secretary concerned: (1) if information becomes available on the whereabouts or status of a missing person within three years after the first official notice of the person's disappearance, to appoint a board to conduct an inquiry into such information; and (2) to appoint a board to conduct an inquiry as to the status of any missing person on or about three years after the first official notice of the disappearance of such person and not later than every three years thereafter until a total of 12 years after the first official notice. Allows certain interested persons to request the Secretary to appoint a board to review the status of a person declared dead before five years after the enactment of this Act. Limits the review subjects to those whose deaths were declared to have occurred on or after December 7, 1941. Provides for the conditions under which an appointed board may recommend that a person be declared dead. Requires the Secretary concerned to ensure that the personnel file of each person covered contains all information in possession of the Government relating to the disappearance and whereabouts or status of such person. Provides for judicial review of a person's declared status under this Act. Requires a person in a missing status or previously declared dead who is subsequently found alive to be paid for the full time of their absence. Requires the Secretary concerned, upon the enlistment of a person in an armed force, to require such person to specify in writing the individual(s) to whom information on their whereabouts or status shall be provided in the event of an investigation under this Act. Allows for revision of such choice by the enlisting individual.
United States · United States Congress · 15 February 1995
Repeals, effective January 1, 1994, provisions of the Omnibus Budget Reconciliation Act of 1993 requiring establishment of the Medicare and Medicaid Coverage Data Bank. Directs the Secretary of Health and Human Services to study and report to the Congress on how to achieve the former objectives of such entity in the most cost-effective manner.
United States · United States Congress · 15 February 1995
Federal Reserve System Accountability Act of 1995 - Amends Federal law to revise the auditing guidelines for the Federal Reserve System and to mandate an annual financial and managerial audit of the System. Amends the Government in the Sunshine Act to include the Board of Governors of the Federal Reserve System (the Board) within its guidelines on open meetings. Amends the Federal Reserve Act to declare that the Board's primary mission is to regulate the money supply so as to maintain a stable currency with minimal fluctuation in interest rates. Amends the Bank Holding Company Act of 1956 and the Federal Deposit Insurance Act to transfer administration of the Bank Holding Company Act of 1956 from the Board to the Federal Deposit Insurance Corporation.
United States · United States Congress · 13 February 1995
Expresses the sense of the Congress that a postage stamp should be issued to honor the 100th anniversary of the Jewish War Veterans of the United States and that the Citizens' Stamp Advisory Committee of the U.S. Postal Service should make such recommendation to the Postmaster General.
United States · United States Congress · 10 February 1995
Directs the Secretary of the Navy to provide for the retroactive award of the Navy Combat Ribbon with respect to participation in ground or surface combat during any period after July 4, 1943, and before March 1, 1961.
United States · United States Congress · 10 February 1995
Requests the President, within 14 days of the adoption of this resolution, to provide to the House of Representatives any document concerning: (1) the assured source of repayment to the United States for any credit facility made available to Mexico after December 31, 1994; (2) the net worth and historical annual revenues of Pemex as well as the projected annual revenues for the five-year period beginning on this resolution's adoption date and the extent to which proceeds from the sale of Mexican oil to customers are required to be paid to Mexico as taxes or payments in lieu of taxes or have been pledged as collateral for the repayment of loans or credit extended to Mexico or Pemex (other than credit facilities described in (1)); (3) the value of any oil the proceeds from the sale of which are pledged to assure the repayment of assistance provided by the United States and the manner in which the United States may exercise rights to obtain such proceeds as repayment for losses incurred; (4) assurances given by the Mexican Government with respect to changes in economic policies; (5) the decision by the President to use the assets of the exchange stabilization fund (fund) in connection with credit facilities described in (1) above; (6) criteria used in making any decision to use such assets to respond to any economic, balance of payments, or exchange crisis in any country and the facts on which such determinations were made with respect to Poland in 1989 and to Mexico in 1994 and 1995; (7) how the use of such assets as a source of credit to Mexico compares with all prior uses since 1945 for all other countries with regard to dollar amount, type, purpose, and duration of transaction, security or collateral pledged, and the existence of any agreement involving the International Monetary Fund (IMF) or the Federal Reserve System; (8) outstanding debts owed by the Mexican Government to U.S. creditors; (9) an accounting of all the fund flows through the fund for the 24-month period preceding the date of adoption of this resolution; (10) the balance of available assets in the fund; (11) the amount by which the total extensions of credit that will be made available to Mexico exceeds available assets in the fund and the means for covering any shortfall; (12) the departure of the IMF from its customary guidelines for country assistance; (13) the factual circumstances pursuant to which the Bank for International Settlements has become a lender to individual countries beyond the Bank's role as a clearinghouse for central banks; (14) the financial obligations of the Federal Reserve to the Bank; (15) the relationship among the Federal Reserve, the Bank, and central banks of other countries affiliated with the Bank with regard to assigning the ultimate liability for loss incurred in connection with the extension of credit to Mexico; (16) any meeting between the President and Members of Congress concerning the President's proposed actions to strengthen the Mexican peso and support economic stability in Mexico; and (17) any discrepancy between the amount the President announced is available in the fund and the amount shown as being available in the monthly statement of the public debt of the United States on December 31, 1994.
United States · United States Congress · 9 February 1995
Department of Veterans Affairs Mammography Quality Standards Act - Prohibits a mammogram from being performed at a Department of Veterans Affairs facility unless the facility is accredited for such purpose by a private nonprofit organization designated by the Secretary of Veterans Affairs. Requires any such organization to meet the standards for accrediting bodies established under the Public Health Service Act (the Act). Directs the Secretary to prescribe quality assurance and control standards relating to performance and interpretation of mammograms and the use of Department mammogram equipment and facilities consistent with requirements of the Act. Requires the Secretary to provide for an annual inspection of Department mammogram equipment and facilities. Requires any Department mammograms contracted to a non-Department facility or provider to conform to the standards of the Act. Provides for: (1) a deadline for the prescribing of standards; (2) transition provisions covering mammograms performed prior to the enactment of this Act; and (3) an implementation report from the Secretary to specified congressional committees.
United States · United States Congress · 9 February 1995
Helium Privatization Act of 1995 - Amends the Helium Act to authorize the Secretary of the Interior to: (1) enter into agreements with private parties for the recovery and disposal of helium on Federal lands; (2) grant leasehold rights to such helium; (3) store and transport crude helium; and (4) maintain and operate existing crude helium storage at the Bureau of Mines Cliffside Field. Directs the Secretary to: (1) cease producing, refining, and marketing refined helium; and (2) dispose of all facilities, equipment, and Federal property interests relating to refined helium activities. Requires the Secretary to impose fees for helium storage, withdrawal, or transportation services. Prescribes guidelines for: (1) the purchase of helium by Federal agencies from certain private persons; and (2) the sale of crude helium by the Secretary. Prohibits the Secretary from making crude helium sales in amounts that will disrupt the crude helium market price. Mandates that proceeds from helium sales be paid to the Treasury. Instructs the Secretary to eliminate helium stockpiles by a prescribed deadline. Repeals the Secretary's authority to borrow under the Helium Act. Directs the Inspector General of the Department of the Interior to prepare certain annual financial statements for the Helium Operations of the Bureau of Mines.
United States · United States Congress · 7 February 1995
Truth in Budgeting Act - Prohibits the receipts and disbursements of the Highway Trust Fund, the Airport and Airway Trust Fund, the Inland Waterways Trust Fund, and the Harbor Maintenance Trust Fund from being included in either the Federal budget as submitted by the President or in the congressional budget. Exempts such trust funds from any general statutory budget limitation. (Sec. 3) Amends Federal transportation law to require the Secretary of Transportation to estimate annually what, but for this Act, would be at the close of the next fiscal year: (1) the amount of unfunded aviation authorizations; and (2) the net aviation receipts. Requires the Secretary to: (1) determine the amount by which unfunded aviation authorizations does or does not exceed net aviation receipts; and (2) make appropriate adjustments to amounts authorized to be appropriated and the amounts available for obligation from the Airport and Airway Trust Fund based on the difference. (Sec. 4) Sets forth similar provisions with respect to the Inland Waterways and the Harbor Maintenance Trust Funds.
United States · United States Congress · 7 February 1995
Age Discrimination in Employment Amendments of 1995 - Amends the Age Discrimination in Employment Amendments of 1986 to repeal a provision which would have terminated an exemption for hiring and retirement plans applicable to State and local fire fighters and law enforcement officers. (This Act thereby preserves such exemption beyond 1993.) Amends the Age Discrimination in Employment Act of 1967 to set 55 years as the maximum hiring or minimum retirement age which States and localities may require for fire fighters and law enforcement officers unless there is an age of hiring and retirement in effect under applicable State or local law on March 3, 1983. Directs the Chairman of the Equal Employment Opportunity Commission to conduct a study in order to develop and issue, within four years after this Act's enactment, advisory guidelines for administering and using physical and mental fitness tests to measure the ability and competency of law enforcement officers and fire fighters to perform the requirements of their jobs. Requires opportunity for public comment. Requires the Chairman to propose, within two years after this Act's enactment, advisory standards for wellness programs for law enforcement officers and fire fighters. Authorizes appropriations.
United States · United States Congress · 6 February 1995
Amends Federal transportation law to limit to not more than six months' pay the amount of any wage continuation or severance benefit that may be received by any Amtrak employee terminated as a result of a discontinuance of intercity rail passenger service. Authorizes Amtrak to require an employee whose position is eliminated by such a discontinuance to transfer to any vacant position for which the employee can be made qualified on any part of Amtrak's system. Allows the employee, if such transfer requires a change in residence or seniority district, to choose: (1) a transfer to the position and coverage by the collective bargaining agreement of the seniority district to which the employee is transferred; or (2) a voluntary furlough at the employee's home location and receipt of protective benefits as limited by this Act.
United States · United States Congress · 3 February 1995
Superfund Recycling Equity Act of 1995 - Amends the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 to absolve persons (other than owners or operators) who arranged for the recycling of recyclable material from liability for environmental response actions. Deems transactions involving scrap paper, plastic, glass, textiles, or rubber (other than whole tires) to be arranging for recycling if the person who arranged the transaction demonstrates that the following criteria were met: (1) the recyclable material met a commercial specification grade and a market existed for the material; (2) a substantial portion of the material was made available for use as a feedstock for the manufacture of a new saleable product; (3) the material (or product to be made from the material) could have been a replacement for a virgin raw material; and (4) with respect to transactions occurring 90 days after this Act's enactment, the person exercised reasonable care to determine that the facility where the material would be managed by another was in compliance with Federal, State, or local environmental laws or regulations. Deems transactions involving scrap metal to be arranging for recycling if the person who arranged the transaction demonstrates that: (1) the criteria for scrap materials were met; (2) he or she complied with applicable standards regarding activities associated with the recycling of scrap metals; and (3) the scrap metal was not melted prior to the transaction. Deems transactions involving spent lead-acid, nickel-cadmium, or other batteries to be arranging for recycling if the person involved demonstrates that: (1) the criteria for scrap materials were met; and (2) he or she complied with applicable Federal environmental regulations or standards regarding such batteries. Makes the exemptions from liability under this Act inapplicable if the person: (1) had an objectively reasonable basis to believe at the time of the recycling transaction that the recyclable material would not be recycled or would be burned as fuel or for energy recovery or incineration or that the consuming facility was not in compliance with Federal, State, or local environmental laws or regulations; (2) added hazardous substances to the material for purposes other than processing for recycling; or (3) failed to exercise reasonable care with respect to the management of the material. Makes such exemptions inapplicable if the recyclable material contained polychlorinated biphenyls in excess of 50 parts per million or any new Federal standard.
United States · United States Congress · 3 February 1995
Expresses the sense of the Congress that the current link should be maintained between: (1) the levels of earnings allowed for blind individuals entitled to disability insurance benefits; and (2) the exempt amounts allowed for purposes of the social security earnings test for individuals who have attained retirement age.
United States · United States Congress · 2 February 1995
Prohibits the Administrator of the Environmental Protection Agency from continuing or beginning to conduct administrative or judicial enforcement actions against the following persons under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 if such persons did not directly cause the release or threat of release of the hazardous substance concerned and did not have knowledge of such release: (1) persons who arranged for the disposal, treatment, or transport of hazardous substances by another party at a facility owned by another party; and (2) persons who accepted hazardous substances for transport to disposal or treatment facilities or sites from which a release occurs which causes the incurrence of response costs. Places a moratorium on the authority of persons to seek contribution from another person who is: (1) potentially liable for hazardous substance releases during or following any civil action; and (2) not a party to a settlement, in cases where such persons have resolved liability to the United States or a State for an environmental response action for some or all of the costs in an approved settlement. Applies such moratorium to judicial actions initiated before this Act's enactment date that are pending as well as those initiated after such date. Provides that limitation periods with regard to the commencement of actions for the recovery of specified costs and damages shall be tolled for the period that a moratorium under this Act is in effect.
United States · United States Congress · 1 February 1995
Tax Fairness for Agriculture Act of 1995 - Amends the Internal Revenue Code to prohibit agricultural or horticultural organization member dues (limited to a specified amount) from being treated as unrelated business taxable income for purposes of the tax on unrelated business income.
United States · United States Congress · 1 February 1995
Fairness in Musical Licensing Act of 1995 - Revises Federal copyright law to provide that communication by electronic device of a transmission embodying a performance or display of a work by the reception of a broadcast, cable, satellite, or other transmission shall not be a copyright infringement unless an admission fee is charged to see or hear the transmission or the transmission is not properly licensed. Provides that a performance or display in a commercial establishment shall not be considered infringement if incidental to the main purpose of the establishment. Specifies that, if a general music user and a performing rights society are unable to agree on the appropriate fee to be paid for the user's past or future performance of musical works in the society's repertoire, the user shall be entitled to binding arbitration of such disagreement pursuant to the rules of the American Arbitration Association in lieu of any other dispute-resolution mechanism established by any judgment or decree governing the operation of such society. Requires the arbitrator to determine a fair and reasonable fee for the user's past and future performance of works in such society's repertoire and to impose a penalty for infringement if the user's past performance infringed the copyright of such works. Makes an arbitrator's determination binding on both parties. Sets forth provisions regarding civil actions for infringement that may be submitted to arbitration if the license fee for a performance is contested. Requires a performing rights society, at the request of any radio broadcaster, to offer the broadcaster a per programming license to perform nondramatic musical works in its repertoire. Directs that such license be offered on terms and conditions that provide an economically and administratively viable alternative to blanket licenses. Sets forth provisions regarding prices of such licenses. Requires, beginning January 1, 1998, the performance of nondramatic musical works by broadcasters under any per programming period license to be determined on the basis of statistically reliable sampling or monitoring by the society and prohibits the society from requiring the broadcaster to report such performance to the society. Authorizes such broadcasters to bring actions to require compliance with such requirements. Directs each performing rights society to make available free online computer access to copyright and licensing information for each work in its repertoire as well as a semiannual printed directory of each title in its repertoire. Requires such society, upon request, to provide to any person who may perform musical works in its repertoire, copies of documentation establishing the society's right to license the public performance of such works. Bars a society from instituting or being a party to any action alleging infringement in, or charging a fee under any per programming period license for, any work in the repertoire that is not identified or documented as described above, with exceptions. Requires the Attorney General to report annually to the Congress on the activities of the Department of Justice relating to the continuing supervision and enforcement of specified consent decrees of the American Society of Composers, Authors, and Publishers and Broadcast Music, Inc. Sets forth conditions under which landlords, organizers of conventions, or others making space available to another party are exempt from liability under any theory of vicarious or contributory infringement with respect to an infringing public performance of a copyrighted work by a tenant, lessee, or other user of such space. Provides that the transmission of religious services or the recording of copies or phonorecords of a transmission program embodying such services shall not be a copyright infringement.
United States · United States Congress · 1 February 1995
Private Property Owners Bill of Rights - Requires Federal agency heads to: (1) comply with applicable State and tribal government laws in implementing and enforcing the Endangered Species Act of 1973 (ESA) and the permitting program for dredged or filled material under the Federal Water Pollution Control Act (FWPCA); (2) administer and implement the Acts in a manner that least affects the private property owners' constitutional and other legal rights; (3) develop and implement rules and regulations for ensuring that such rights are protected when making any final decision that restricts the use of private property; (4) obtain the consent of the property owner and provide appropriate notice before entering privately-owned property in order to collect information on it; and (5) give the property owner an opportunity to review and dispute the data collected before using it to implement or enforce any of the Acts. Amends ESA and FWPCA to provide for administrative appeals of certain actions, including those related to the denial of permits and the imposition of administrative penalties. Entitles a private property owner deprived of 50 percent or more of the fair market value or the economically viable use of a portion of property as a consequence of a final qualified agency action to receive compensation upon request in accordance with specified guidelines. Amends ESA to require the Secretary of the Interior to notify all private property owners or lessees of property subject to a management agreement and provide an appropriate opportunity for their participation in such an agreement when the Secretary enters into it with any non-Federal person establishing restrictions on property use.
United States · United States Congress · 31 January 1995
Commercial Aviation Fuel Tax Repeal Act of 1995 - Amends the Internal Revenue Code to repeal the increase in tax on fuel used in commercial aviation scheduled to take effect after September 30, 1995.
United States · United States Congress · 30 January 1995
Teamwork for Employees and Managers Act of 1995 - Amends the National Labor Relations Act to allow employers to establish, assist, maintain, or participate in an organization or entity in which employees participate to address matters of mutual interest (including issues of quality, productivity, and efficiency) if such organizations or entities cannot negotiate, enter into, or amend collective bargaining agreements.
United States · United States Congress · 30 January 1995
Declaration of Official Language Act of 1995 - Declares English to be the official language of the U.S. Government. States that English is the preferred language of communication among U.S. citizens. Requires the U.S. Government to promote and support the use of English for communications among U.S. citizens. Requires communications by officers and employees of the U.S. Government with U.S. citizens to be in English. Directs the Immigration and Naturalization Service to : (1) enforce the established English language proficiency standard for all applicants for U.S. citizenship; and (2) conduct all naturalization ceremonies entirely in English. Allows anyone injured by a violation of such provisions to obtain appropriate relief in a civil action. Authorizes the court in any such action to allow a prevailing party, other than the U.S. Government, a reasonable attorney's fee as part of costs. Repeals the Bilingual Education Act (title VII of the Elementary and Secondary Education Act of 1965). Amends the Voting Rights Act of 1965 to repeal bilingual election ballot requirements.
United States · United States Congress · 26 January 1995
OSHA Reform Act of 1995 - Amends the Occupational Safety and Health Act of 1970 (OSHA) to repeal provisions for: (1) inspections, investigations, and recordkeeping; (2) citations; (3) enforcement procedures; (4) judicial review; and (5) civil and criminal penalties. Requires a continuing comprehensive economic analysis of the costs and benefits of each OSHA standard. Directs the Secretary of Labor to consider the number of workers exposed to the toxic material or harmful physical agent, the nature and severity of the potential impairment, and the likelihood of such impairment, in determining the priority for establishing standards dealing with such materials or agents. Declares that employee safety and health participation committees are not prohibited under the National Labor Relations Act or the Railway Labor Act. Establishes a small business assistance and training program, including: (1) technical assistance and consultative services for employers and employees, targeted at small businesses and the most hazardous industries; and (2) certain consultative services to employers provided under cooperative agreements between the States and the Occupational Safety and Health Administration. Requires that at least one-fourth of the annual appropriation to carry out OSHA be expended for such assistance and training program. Directs the Secretary of Labor to periodically make an award to companies and other organizations which have implemented particularly effective approaches to occupational safety and health, including those providing for effective employee involvement.
United States · United States Congress · 26 January 1995
Bartlett-Chapman-Stockman Assault Weapon Ban Repeal Act - Amends the Federal criminal code and the Violent Crime Control and Law Enforcement Act of 1994 to repeal prohibitions relating to semiautomatic assault weapons and large capacity ammunition feeding devices.
United States · United States Congress · 25 January 1995
TABLE OF CONTENTS: Title I: Retirement Savings Incentives Subtitle A: Restoration of IRA Deduction Subtitle B: Nondeductible Tax-Free IRAs Title II: Penalty-Free Distributions Title III: Aid to Families with Dependent Children Savings and Investment Incentive Act of 1995 - Title I: Retirement Savings Incentives - Subtitle A: Restoration of IRA Deduction - Amends the Internal Revenue Code to restore the deduction for individual retirement plans (IRAs). Provides a phase-up of income limits (from 1995 through 1998) with respect to the limitation on the deductibility of contributions to IRAs by active participants in employer-maintained plans. Removes the spousal rule from such limitation. Terminates income limits after December 31, 1998. Provides an inflation adjustment for deductible amounts after 1995. Allows certain spouses a full deduction for contributions to an IRA. Makes certain coins and bullion ineligible as collectible investments for purposes of distributions from an IRA. Coordinates the limit on such deduction with the elective deferral limit under other pension provisions. Subtitle B: Nondeductible Tax-Free IRAs - Allows individuals to establish individual retirement plus (IRA plus) accounts with tax treatment similar to that for individual retirement plans. Makes contributions to such accounts nondeductible. Excludes distributions from such accounts from the gross income of the distributee, if the assets remain in such accounts for at least five years. Allows qualified transfers to be made to such accounts. Establishes penalties for early withdrawals and excess contributions. Title II: Penalty-Free Distributions - Allows distributions from certain retirement plans without penalty to: (1) purchase first homes; (2) pay higher education expenses; (3) pay long-term care insurance premiums; (4) pay financially devastating medical expenses; and (5) assist certain unemployed individuals. Title III: Aid to Families with Dependent Children - Amends part A (Aid to Families with Dependent Children) (AFDC) of title IV of the Social Security Act to exclude from AFDC eligibility determinations certain income and resources that are to be used for education, training, and employability purposes. Requires the Secretary of Health and Human Services to report to specified congressional committees on the use of qualified asset accounts. Requires the Secretary to report to the Congress on a revision of the AFDC limit on automobiles in order to increase the employability of AFDC recipients.
United States · United States Congress · 23 January 1995
Amends the Internal Revenue Code to prohibit the imposition of any excise tax on air transportation for the purpose of providing medical care if such transportation is not scheduled and is not along regular routes. (Current tax law refers to such air transportation by helicopter.)
United States · United States Congress · 20 January 1995
Pharmacy Compounding Preservation Act of 1994 - Amends the Federal Food, Drug, and Cosmetic Act to make such Act inapplicable to: (1) licensed retail pharmacies that compound drugs in conformance with applicable local laws regulating the practice of pharmacy and medicine; and (2) bulk drug products intended to be used by pharmacies for compounding, except to the extent that such provisions relate directly to the purity and quality of such bulk drug products.
United States · United States Congress · 19 January 1995
Amends title XVIII (Medicare) of the Social Security Act and other Federal law to make any managed health care plan established by the Secretary of Defense in the Military Health Services System eligible for payments by the Secretary of Health and Human Services on behalf of any plan enrollees entitled to Medicare benefits.
United States · United States Congress · 19 January 1995
Prohibits a member of the armed forces who is under a sentence that includes dismissal or a dishonorable or bad-conduct discharge from being entitled to pay and allowances for any period during which such member is in confinement after the adjournment of the court-martial proceedings. Restores any such entitlement if the sentence is later disapproved, mitigated, or changed by an authorized official or otherwise set aside.
United States · United States Congress · 19 January 1995
Amends the Endangered Species Act of 1973 to prohibit the Secretary of the Interior from determining a species to be an endangered or threatened species, or from designating a critical habitat of a species, until such Act has been reauthorized.
![Official portrait of Sen. Hutchinson, Tim [R-AR]](https://www.congress.gov/img/member/h001015_200.jpg)