United States · United States Congress · 16 June 1995
TABLE OF CONTENTS: Title I: Regulatory Simplification and Voluntary Compliance Title II: Small Business Responsiveness of Covered Agencies Title III: Financial Accountability of Covered Agencies Relating to Fees and Expenses Small Business Regulatory Fairness Act of 1995 - Title I: Regulatory Simplification and Voluntary Compliance - Directs a Federal regulatory agency that is required to prepare a regulatory flexibility analysis for a rule or group of related rules to publish a compliance guide which: (1) contains a summary of the rules and a citation as to their location; (2) provides a notice to small businesses (small entities) of such rules as well as an understandable explanation of actions necessary for compliance; and (3) is updated as required to reflect rule changes. Requires such guides to be disseminated to small entities, as well as to small business development centers. Prohibits any covered agency from bringing an action against a small entity to enforce a rule for which such a guide has not been published and disseminated. (Sec. 103) Requires covered agencies other than the Federal Trade Commission, the Equal Employment Opportunity Commission, and the Consumer Product Safety Commission to determine within 90 days whether to grant or deny a request by a small entity that no action be taken against such entity with respect to the enforcement of a rule (no action request). Allows a small entity to rely on a no action response from a covered agency in any subsequent action brought against the small entity for a rule's enforcement. (Sec. 104) Makes inadmissible as evidence in an action, as well as outside of the bounds of discovery, any information compiled by a small entity in a voluntary self-audit. Provides exceptions. (Sec. 105) Prohibits the imposition of a fine or penalty against a small entity if the entity proves that: (1) a covered agency rule is vague or ambiguous; and (2) the interpretation of the rule by the small entity is reasonable considering such rule and any applicable compliance guide. Title II: Small Business Responsiveness of Covered Agencies - Amends the Small Business Act to direct the Administrator of the Small Business Administration (SBA) to designate in each SBA region a senior SBA employee to serve as the Regional Small Business and Agriculture Ombudsman for such area. Requires the Ombudsman: (1) to solicit and receive comments from small businesses regarding regulatory enforcement activities of covered agencies; (2) based on such comments, to annually publish a small business responsiveness rating to each covered agency; (3) to publish periodic reports compiling the comments received; (4) to coordinate the activities of the Small Business Regulatory Fairness Board established under this title; and (5) to establish a toll-free telephone number to receive comments from small businesses. (Sec. 202) Directs the SBA Administrator to establish in each region a Small Business Regulatory Fairness Board to: (1) advise the Ombudsman on matters of concern to small businesses with respect to the regulatory enforcement activities of covered agencies; (2) conduct investigations of, and issue advisory findings and recommendations concerning, such enforcement activities; (3) review and approve the responsiveness ratings promulgated by the Ombudsman; and (4) prepare written opinions regarding the reasonableness and understanding of rules issued by covered agencies. (Sec. 203) Amends the Act to direct small business development centers to provide specified assistance to, and develop publications and programs for, small businesses with respect to regulatory requirements of covered agencies and compliance guides. Title III: Financial Accountability of Covered Agencies Relating to Fees and Expenses - Directs a covered agency to award fees, costs, and other expenses to a prevailing small entity in an adversary proceeding that raises a successful defense to a regulatory enforcement action or that receives a corrective action or penalty which is less burdensome than that sought or demanded by the covered agency. Limits the rate of payment of attorney's fees to no more than $150 per hour. Waives the payment of such fees, costs, and expenses only in limited special circumstances. Prohibits covered agencies from increasing fees regularly charged for services in order to cover fees, costs, and other expenses required to be paid to a prevailing small entity.
United States · United States Congress · 13 June 1995
TABLE OF CONTENTS: Title I: Small Business Advocacy Review Title II: Peer Review Survey Small Business Advocacy Act of 1995 - Title I: Small Business Advocacy Review - Directs the Administrator of the Environmental Protection Agency (EPA) to designate an EPA employee who is a member of the Senior Executive Service and whose immediate supervisor is appointed by the President to serve as the chairperson of each Environmental Small Business Advocacy Review Panel established under this Act. Directs the Assistant Secretary for Occupational Safety and Health (OSHA) of the Department of Labor to designate an OSHA employee with such qualifications to serve as the chairperson of each Occupational Safety and Health Small Business Advocacy Review Panel established under this Act. Directs the appropriate chairperson, with respect to a proposed Federal agency rule (other than agency organization, management, or personnel rules), to determine whether such rule is significant (has an impact on small business and has an annual aggregate impact on government and the private sector of at least $50 million) and, if so, to notify the Administrator of the Office of Information and Regulatory Affairs of the Office of Management and Budget and the Chief Counsel for Advocacy of the Small Business Administration to appoint review panel members for evaluation of the rule. Requires each chairperson to notify panel members of the intent of an agency to issue a final rule, and to solicit comments from the panel with respect to the rule's effect on small business. Provides review panel administrative, procedural, and personnel matters. Directs each chairperson to submit to the appropriate Federal agency employees responsible for carrying out a significant rule and to the appropriate congressional committees a report containing the findings and recommendations of the review panel for such rule and a recommendation of whether to conduct a cross-section survey of the small businesses impacted by the rule. Prohibits: (1) the judicial review of review panel activities; or (2) the publication of a rule in the Federal Register until the appropriate chairperson has had an adequate opportunity for its review under this Act. Title II: Peer Review Survey - Provides that, if a review panel recommends that a survey be conducted, the Federal agency involved shall contract with a private sector firm or organization to conduct the survey. Requires the availability of survey results to each interested Federal agency and, upon request, to any other interested party.
United States · United States Congress · 9 June 1995
Amends Internal Revenue Code provisions relating to mortgage revenue bonds to modify the requirements to be a qualified veteran. Establishes State subcap and State overall cap restrictions.
United States · United States Congress · 8 June 1995
Makes certain technical corrections to title XIX (Medicaid) of the Social Security Act, allowing, among other changes, for physician reimbursement for certified osteopathic physician services provided to children and pregnant women enrolled in Medicaid. Makes this Act effective as if included in the Omnibus Budget Reconciliation Act of 1990.
United States · United States Congress · 5 June 1995
Church Retirement Benefits Simplification Act of 1995 - Amends the Internal Revenue Code to recodify and revise qualifications for church retirement and pension plans. Makes employee contributions to such plans nonforfeitable. Requires the plan to meet minimum vesting requirements. Recodifies the authority of a church or a convention or association of churches to be treated as an employer making contributions to retirement income accounts. Subjects church-related hospitals and universities to certain coverage and related rules in the case of a contract purchased by a church. Requires distributions from retirement income accounts provided by churches to be in accordance with distributions under cash or deferred arrangements. Provides for determining the beginning date for such distributions. Allows self-employed ministers and chaplains who work for non-church employers to participate in their church plans. Provides that certain rules aggregating employees do not apply to churches. Restores qualified voluntary employee contributions to church plans. Treats self-employed ministers as employees for purposes of certain welfare benefit plans and retirement income accounts. Allows a deduction for contributions to retirement income accounts by such ministers. Provides that a church plan maintained by more than one employer shall not be treated as a single plan. Provides that accounting methods of deferred compensation plans of State and local governments and tax-exempt organizations do not apply to a church plan. Exempts a church plan from the requirement to maintain separate accounts for medical benefits for key employees. Provides that the special rules for computing employee contributions to pension plans do not apply to certain foreign missionaries. Repeals the elective deferral catch-up limitation for church retirement income accounts. Allows church plans to annuitize benefits and increase benefit payments. Provides that rules for self-insured medical reimbursement plans are not applicable to church plans. Provides that retirement benefits of ministers are not subject to the tax on net earnings from self-employment.
United States · United States Congress · 5 June 1995
Amends the Federal judicial code to provide that, for purposes of compensating an owner of a patent that is used or manufactured unlawfully by or for the United States, reasonable and entire compensation shall include the owner's reasonable costs, including reasonable fees for expert witnesses and attorneys, in pursuing action against the United States in the U.S. Court of Federal Claims if the owner is an independent inventor, a nonprofit organization, or an entity that had no more than 500 employees at any time during the five-year period preceding such use or manufacture.
United States · United States Congress · 26 May 1995
Amends the Internal Revenue Code, with respect to the United Mine Workers of America Benefit Fund, to provide: (1) a means for transferring surpluses between the Fund's accounts to reduce shortfalls in the entire Fund; and (2) a formula to reduce or increase operator's premiums according to the Fund's aggregated surplus or shortfall, respectively. Sets the amount of the per beneficiary health benefit premium. Directs the Trustees of the combined Fund to disclose to contributors, upon written request, all documents showing its financial and operational status and all documents prepared at trustee or staff request that form the basis for the Fund's actions or reports.
United States · United States Congress · 26 May 1995
Clinical Laboratory Improvement Act Amendments of 1995 - Amends the Public Health Service Act to exempt a physician clinical office laboratory from certification requirements, except when such laboratory performs a Pap Smear (Papanicolaous Smear) analysis.
United States · United States Congress · 19 May 1995
James Madison Commemorative Coin Act - Directs the Secretary of the Treasury to issue commemorative one-dollar silver coins emblematic of the 250th anniversary of the birth of James Madison and the life and achievements of the fourth President of the United States. Requires the Secretary to turn over proceeds from surcharges to the National Trust for Historic Preservation to be used to: (1) establish an endowment as a permanent source for Montpelier (home of James Madison and a museum); and (2) fund capital restoration projects at Montpelier.
United States · United States Congress · 19 May 1995
Semiconductor Investment Act of 1995 - Amends the Internal Revenue Code to make the depreciable life of semiconductor manufacturing equipment three years for purposes of application of the accelerated cost recovery system.
United States · United States Congress · 19 May 1995
Southwest Public Health Laboratory Act - Authorizes the Secretary of Health and Human Services, acting through the Director of the Centers for Disease Control and Prevention or through other agencies, to make grants to States for the operation of laboratories to protect the public health through analyzing human, wildlife, air, water, and soil samples. Requires a State, in order to receive a grant: (1) to prepare and submit an application to the Secretary; and (2) agree that the laboratory involved will be operated by the State to serve the region along the international border between the United States and Mexico. Directs the Secretary to ensure that such a laboratory: (1) is established in an urban area that is centrally located in the region; (2) is located within 25 miles of the border; and (3) receives the principal amount of assistance under this Act.
United States · United States Congress · 18 May 1995
Educational Opportunity Demonstration Act - Amends the Elementary and Secondary Education Act of 1965 to establish an educational opportunity demonstration program to provide waivers for the establishment of educational opportunity schools, in order to: (1) allow experimentation with same gender classes for low-income, educationally disadvantaged students; (2) determine whether such classes make a difference in the educational achievement and opportunities of such individuals; and (3) involve parents in the educational options and choices of their children. Directs the Secretary to waive for up to five years (but only to the extent the Secretary determines necessary to ensure the development and operation of same gender classes) any statutory or regulatory requirement of title IX of the Education Amendments of 1972, specified provisions of the Education Amendments of 1974 and of the Revised Statutes, and any other law prohibiting discrimination on the basis of sex, for up to ten local educational agencies that have applications approved and for any educational opportunity school established by such an agency. Requires each local educational agency receiving such a waiver to establish an educational opportunity advisory board. Sets forth requirements for applications and selection of waiver grantees. Directs the Secretary to study and report to the appropriate congressional committees on such waivers, comparing the educational and behavioral achievement of those students choosing same gender classes and those students choosing the coeducational option at such schools. Provides that nothing in this Act shall be construed to affect the availability, under title IX of the Education Amendments of 1972, of remedies to overcome the effects of past discrimination on the basis of sex.
United States · United States Congress · 18 May 1995
Vietnam POW/MIA Full Disclosure Act of 1995 - Prohibits the usage of Federal funds to establish most-favored-nation trading status or to establish or maintain diplomatic relations with the Socialist Republic of Vietnam unless the President: (1) provides a listing of the Americans unaccounted for from the Vietnam War about whom Vietnam is most likely to be able to provide remains or additional information; (2) certifies that Vietnam is cooperating fully with regard to recovery and repatriation of American remains, resolution of discrepancies, live-sightings and field activities, implementation of trilateral investigations with the Lao, and provision of documents on POW/MIAs; and (3) certifies that Vietnam is being fully forthcoming in providing access to Central Committee-level records pertaining to Americans captured or held during the war in Vietnam, Laos, and Cambodia.
United States · United States Congress · 9 May 1995
Animal Drug Availability Act of 1995 - Amends Federal Food, Drug, and Cosmetic Act provisions relating to new animal drugs to redefine "substantial evidence" to mean evidence from one or more scientifically sound studies including, as appropriate, in vitro studies, studies in laboratory animals, bioequivalence studies, tissue residue studies, and any studies voluntarily undertaken by or for the applicant that provide some assurance that the drug will have the intended effect. Excludes a claim for the use of a drug in a minor species or a minor use of a drug from disapproval, if there is an application filed for the drug which is approved prior to the submission of the claim. Directs the Secretary of Health and Human Services to consider the following issues when a new animal drug contains more than one active ingredient, or the labeling of the drug suggests use of the drug in combination with another animal drug: (1) whether any active ingredient or any combination of drugs alters the safe concentration of another of the active ingredients or drugs in the combination; (2) whether each of the active ingredients or drugs in the combination have been shown to contribute to the same intended effect; and (3) whether each of the active ingredients or drugs in the combination has an identified target population for which dosing with the active ingredients or combination represents appropriate concurrent therapy. Requires the Secretary to issue proposed regulations implementing the provisions of this section which: (1) further define "substantial evidence"; (2) take into account the proposals contained in the citizen petition submitted by the American Veterinary Association and the Animal Health Institute; (3) provide for a conference to make a decision establishing a submission or an investigational requirement; and (4) define the kinds of evidence an applicant may use to establish the contribution of each active ingredient and to establish the appropriateness of concurrent therapy in a new animal drug, or new animal drug used in combination with another drug. (Sec. 4) Requires the Secretary to approve or disapprove the application within 90 (currently 180) days of receipt of the application. (Sec. 5) Requires: (1) the Secretary to refer disputed issues received in writing from an applicant to an advisory committee or to a special Government employee; and (2) the committee or employee to submit a report containing recommendations regarding the matter. (Sec. 6) Requires the Secretary to refuse approval of an application if information submitted with respect to the drug indicates that any use suggested in labeling proposed for that drug will result in a unsafe amount of residue. (Sec. 7) Permits the export of an unsafe (as defined in the Act) new animal drug, if it is not in conflict with the laws of the country to which it is exported. (Currently, such export is prohibited.)
United States · United States Congress · 9 May 1995
Television Violence Report Card Act of 1995 - Requires the Secretary of Commerce, during FY 1996 and 1997, to make grants on a competitive basis directly to one or more nonprofit entities to permit them to carry out an assessment of the violence in television programming. Authorizes appropriations.
United States · United States Congress · 9 May 1995
Jerusalem Embassy Relocation Implementation Act of 1995 - Declares it is U.S. policy that: (1) Jerusalem should be recognized as the capital of the State of Israel; and (2) construction of the U.S. Embassy in Jerusalem should begin no later than December 31, 1996, and officially open no later than May 31, 1999. States that not more than 50 percent of the funds appropriated for FY 1997 and 1999 to the Department of State for "Acquisition and Maintenance of Buildings Abroad" may be obligated in the respective fiscal year until the Secretary of State determines, and reports to the Congress, that (for FY 1997) such construction has begun and that (for FY 1999) the Embassy has opened. Limits the availability of specified amounts of such funds in certain fiscal years until they are expended for: (1) costs associated with relocating the U.S. Embassy to Jerusalem; and (2) the costs for its construction. Requires the Secretary of State to report to the Speaker of the House of Representatives and the Committee on Foreign Relations of the Senate on: (1) the Department of State's plan to implement this Act; and (2) progress made toward opening the U.S. Embassy in Jerusalem.
United States · United States Congress · 4 May 1995
TABLE OF CONTENTS: Title I: Eligible Shareholders of S Corporation Subtitle A: Number of Shareholders Subtitle B: Persons Allowed as Shareholders Subtitle C: Other Provisions Title II: Qualification and Eligibility Requirements for S Corporations Subtitle A: One Class of Stock Subtitle B: Elections and Terminations Subtitle C: Other Provisions Title III: Taxation of S Corporation Shareholders Title IV: Effective Date S Corporation Reform Act of 1995 - Title I: Eligible Shareholders of S Corporation - Subtitle A: Number of Shareholders - Amends the Internal Revenue Code to increase from 35 to 50 the maximum number of shareholders of an S corporation (electing small business corporation). Allows members of a family to be treated as one shareholder. Subtitle B: Persons Allowed as Shareholders - Allows the following entities to be shareholders of S corporations: (1) certain tax-exempt organizations; (2) financial institutions that do not use the reserve method of accounting for bad debts; (3) nonresident aliens; and (4) certain small business trusts. Subtitle C: Other Provisions - Extends the post-death qualification for certain trusts to be permitted as shareholders from 60 days to two years. Title II: Qualification and Eligibility Requirements for S Corporations - Subtitle A: One Class of Stock - Allows an S corporation to issue qualified preferred stock. Permits financial institutions to hold safe harbor debt. Subtitle B: Elections and Terminations - Revises the rules on inadvertent terminations by certain trusts of the election to be an S corporation. Authorizes the Secretary of the Treasury to treat certain late elections as timely and to provide an automatic waiver procedure for certain inadvertent terminations. Expands the post-termination transition period until 120 days after a determination is made that the election had terminated in a prior year. Repeals the characterization of excessive passive investment income as a termination event. Increases the tax imposed on such excessive income. Subtitle C: Other Provisions - Permits an S corporation to wholly own the stock of a subsidiary. Provides for the treatment of distributions during loss years. Provides a consent dividend for S corporation elections to by-pass amounts in the accumulated adjustments account when making distributions. Eliminates the rule treating an S corporation as an individual in its capacity as shareholder of another corporation for purposes of subchapter C. Eliminates the pre-1983 earnings and profits accumulated by a corporation that was an S corporation for any taxable year beginning before January 1, 1983, and is so characterized for its first taxable year after December 31, 1995. Allows S corporations to make charitable contributions of inventory and scientific property. Repeals the requirement that partnership rules apply for fringe benefit purposes (making C corporation rules applicable). Provides for the application to two-percent shareholders of S corporations of the rules regarding deduction of health insurance costs of self-employed individuals. Title III: Taxation of S Corporation Shareholders - Applies the exemption from the excise tax on pension plan prohibited transactions to plans providing benefits for S corporation shareholder-employees (as defined before the effective date of the Subchapter S Revision Act of 1982). Treats losses on liquidations of S corporations as ordinary to the extent the loss created by ordinary income pass-through triggered the liquidation. Title IV: Effective Date - Makes this Act effective for taxable years beginning after December 31, 1995.
United States · United States Congress · 2 May 1995
Commercial Revitalization Tax Act of 1995 - Amends the Internal Revenue Code to allow an investment tax credit equal to a percentage of expenditures for depreciable property in connection with the rehabilitation or reconstruction of a nonresidential building located in: (1) an empowerment zone or enterprise community; (2) an area established pursuant to a consolidated planning process for the use of Federal housing and community development funds; or (3) a low-income commercial revitalization district specially designated by a State or local government which is not primarily a nonresidential central business district. Requires, for qualification of such expenditures, that they exceed 25 percent of the fair market value of the building before rehabilitation. Imposes a State ceiling on the availability of the credit.
United States · United States Congress · 24 April 1995
Condemns the bombing at the Alfred P. Murrah Federal Building in Oklahoma City, Oklahoma. Sends condolences to the families. Commends rescue and volunteer workers, law enforcement officials, and the President. Urges the President to use all necessary means to find and punish the perpetrators. Supports the President's and Attorney General's position that Federal prosecutors will seek the maximum penalty allowed by law, including the death penalty, for those responsible. Declares that the Senate will expeditiously approve legislation to strengthen the authority and resources of all Federal agencies involved in combating such acts of terrorism.
United States · United States Congress · 5 April 1995
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.
United States · United States Congress · 4 April 1995
Youth Development Community Block Grant Act of 1995 - Establishes a youth development block grant program. (Sec. 5) Authorizes appropriations. Sets forth formulas for allocation of funds to States and for distribution of funds through States to local boards for community-based youth development services. (Sec. 6) Requires establishment of county or multicounty Community Youth Development Boards to receive such assistance and make grants for youth development programs. (Sec. 7) Requires, as a condition for any entity within a State to receive such assistance, establishment or designation of a State entity to receive youth development input, review community youth development plans, monitor operations of community boards, provide technical assistance in developing and implementing community plans, and provide annual reports and audits. (Sec. 8) Directs the Assistant Secretary for Children and Families of the Department of Health and Human Services to: (1) establish a mechanism to receive youth development advice and input; (2) develop and issue national policy goals and a national strategic plan for youth development; (3) establish a system for monitoring and evaluating the effectiveness of activities funded under this Act; (4) coordinate programs funded under this Act with other Federal programs serving youth and families; and (5) establish a system for providing training and technical assistance to States and local communities to increase their capacity to provide quality youth development services. Authorizes the Assistant Secretary to provide financial assistance to appropriate entities to carry out time-limited, research-based youth development demonstration programs designed to improve the knowledge base of the youth development and youth prevention fields. (Sec. 9) Repeals specified provisions under: (1) certain Federal law relating to the Local Partnership Act; (2) the Violent Crime Control and Law Enforcement Act of 1994 relating to crime prevention programs and to urban recreation and at-risk youth; (3) the Elementary and Secondary Education Act of 1965 (ESEA) relating to school dropout demonstration assistance and to drug free schools and communities; (4)the Job Training Partnership Act relating to summer youth employment and training programs; (5) the Public Health Service Act relating to grants for the prevention of alcohol and drug abuse among high-risk youth, and to community coalition demonstration projects to support health and human service needs for minority males; (6) the Juvenile Justice and Delinquency Prevention Act of 1974 relating to gang-free schools and communities, to mentoring, and to local delinquency programs; (7) the Human Services Reauthorization Act of 1986 relating to demonstration partnership agreements; (8) the Community Services Block Grant Act relating to the National Youth Sports Program; and (9) the Anti-Drug Abuse Act of 1988 relating to drug abuse prevention relating to youth gangs and runaway and homeless youth. (Sec. 10) Sets forth conforming amendments to: (1) ESEA relating to school dropout demonstrations; (2) ESEA and the Anti-Drug Abuse Act of 1988 relating to drug-free schools and communities; (3) the Job Training Partnership Act; and (4) the National School Lunch Act relating to the National Youth Sports Program. (Sec. 11) Provides for transfer of a limited amount of funds from such repealed programs to the program under this Act.
United States · United States Congress · 4 April 1995
Designates April 5, 1995, as National 4-H Day. Commends the 4-H Youth Development Program and the children and volunteers who have made the Program a success.
United States · United States Congress · 30 March 1995
Amends the Forest and Rangeland Renewable Resources Planning Act of 1974 to require phasing-in of species population increase revisions to National Forest land and resource management plans.
United States · United States Congress · 28 March 1995
Provides that officers in the grades of lieutenant general or vice admiral and above who have served at least three years in such position shall be automatically retired in the highest grade satisfactorily served. Repeals Federal provisions requiring Senate confirmation of such retirement.
United States · United States Congress · 23 March 1995
TABLE OF CONTENTS: Title I: Findings and Purposes Title II: Property Rights Litigation Relief Title III: Alternative Dispute Resolution Title IV: Private Property Taking Impact Analysis Title V: Private Property Owners Administrative Bill of Rights Title VI: Miscellaneous Omnibus Property Rights Act of 1995 - Title I: Findings and Purposes - Proposes, with specified measures, to encourage and protect the constitutional and legal rights of private property owners against any Federal agency's regulatory or administrative action that adversely affects private property. Title II: Property Rights Litigation Relief - Prohibits Federal and State agencies acting pursuant to Federal mandate from taking private property except for public use and with just compensation to the property owner. (Sec. 204) Requires that such compensation be paid out of the congressionally appropriated funds of any Federal agency whose actions (directly or through a State agency) result in a physical invasion or taking of private property for public use without the owner's consent and at least one of several other circumstances pertain, including that the action: (1) does not substantially advance the stated governmental interest to be achieved by the legislation or regulation on which the action is based; (2) deprives the property, temporarily or permanently, of all or substantially all of its economically beneficial or productive use; or (3) diminishes the property's fair market value by 33 percent or more. Measures "just compensation" as the decrease in fair market value, and any business losses resulting from Federal agency action. Prohibits the filing of claims against a State agency for carrying out a regulatory program mandated or funded by Federal law. (Sec. 205) Amends the Federal judicial code to grant concurrent jurisdiction to the United States District Court and the United States Court of Federal Claims to hear civil actions brought under this Act. Title III: Alternative Dispute Resolution - Provides for settlement or arbitration, upon consent of both parties, of such property rights disputes. Declares that: (1) such dispute resolution shall not be a condition precedent to or an administrative procedure to be exhausted before the filing of a civil action; and (2) awards are to be taken from congressional appropriations of the Federal agency whose actions are at issue. Title IV: Private Property Taking Impact Analysis - Declares that, with specified exceptions, Federal agency actions likely to result in the taking of private property shall be preceded by a written impact analysis available to the public including: (1) the purpose of the action; (2) the likelihood of an interference with private property; (3) the potential Federal liability to property owners; and (4) any alternative actions that would fulfill the same objectives less intrusively. (Sec. 404) Prohibits any action reasonably predicted to result in an uncompensated taking. Title V: Private Property Owners Administrative Bill of Rights - Directs Federal agency heads enforcing the Endangered Species Act and the Federal Water Pollution Control Act to: (1) comply with State and tribal laws; (2) act in the manner least intrusive to private property rights; (3) implement rules and regulations to ensure the protection of those rights; (4) refrain from entering private property to acquire information without the written consent and notice of the owner; and (5) refrain from using data collected on privately owned property to implement or enforce such Acts without providing the property owner with access to and the opportunity to dispute such data. (Sec. 506) Amends the Federal Water Pollution Control Act and the Endangered Species Act of 1973 to establish property owner appeal rights. (Sec. 508) Requires agency heads to provide owners of private property adversely affected by agency action with the option of either: (1) selling the property to the agency for fair market value without use restrictions; (2) receiving compensation for any resulting decrease in the property's fair market value resulting from such restrictions; or (3) entering into arbitration. (Sec. 509) Amends the Endangered Species Act of 1973 to require the Secretary of the Interior to notify all private property owners or lessees of property subject to it of any new management agreement with a non-Federal person that establishes restrictions on property use, providing each of them the opportunity to participate in such agreement. Title VI: Miscellaneous - Sets forth severability provisions and the effective date of this Act.
United States · United States Congress · 22 March 1995
Occupational Safety and Health Reform Act of 1995 - Amends the Occupational Safety and Health Act of 1970 (OSHA) to revise provisions relating to use of OSHA in private litigation. Provides that an allegation of a violation, a finding of a violation, or an abatement of an alleged violation, under OSHA or the standards promulgated under OSHA shall not be admissible as evidence in any civil action or used to increase the amount of payments received under any workmen's compensation law for any work-related injury. (Sec. 3) Provides that, on multi-employer work sites, an employer may not be cited for a violation of certain duties if the employer: (1) has not created the condition that caused the violation; or (2) has no employees exposed to the violation and has not assumed responsibility for ensuring compliance by other employers on the work site. (Sec. 4) Requires the following criteria in development of OSHA standards: (1) significant risk; (2) technological and economical feasibility; (3) reasonable cost-benefit relationship; (4) cost-effectiveness and minimal job loss; and (5) where practicable, expression in objective criteria and desired performance. Prohibits citation for violation of a standard for which the employer has a variance pending. Revises standard priorities based on toxicity and numbers exposed. Requires a regulatory flexibility analysis for each standard promulgated. Requires minimization of time, efforts, and costs involved in retention, reporting, notifying, or disclosure of information required under such standards. (Sec. 5) Revises inspection provisions, including ones relating to the authority of the Secretary of Labor and to recordkeeping requirements. Grants the Secretary discretion in determining which employer complaints must receive formal inspection responses. Requires inspections to be conducted by at least one individual trained in and knowledgeable of the industry or the types of hazards. Provides for fire hazard inspection training and referral. Prohibits routine inspections of employers of 100 or fewer employees if such employers are: (1) farming operations which do not maintain a temporary labor camp; or (2) in a category of employers having an occupational injury or a lost day rate which is less than the national average. (Sec. 6) Directs the Secretary to establish a voluntary compliance program granting partial exemption from OSHA general inspections for employers who either retain certain consultation or certification programs or have an exemplary safety record and a safety and health program meeting specified criteria. (Sec. 7) Adds employer defenses of employee misconduct or alternative safer methods. (Sec. 8) Revises enforcement procedures with respect to notification of deadlines for employer contests of citations before the Occupational Safety and Health Review Commission. Places the burden of proof on the Secretary in all hearings before the Commission relating to a contested citation. Revises judicial review provisions to require the court to make its own determination as to questions of law, including the reasonable interpretation of standards, and to not accord deference to either the Commission or the Secretary. (Sec. 9) Revises procedures for discrimination protection for whistle-blowers under OSHA. Directs the Secretary to attempt to eliminate the alleged violation by informal methods before bringing an action in any appropriate U.S. district court against an employer. Allows an employer against whom such an action is brought to demand that the issue of discrimination be determined by jury trial. Makes such provisions the exclusive means of securing a remedy for any aggrieved employee. Provides that any records of the Secretary relating to such investigations and enforcement proceedings shall not be subject to inspection and examination by the public while open or pending in the U.S. district court. (Sec. 10) Provides for special enforcement procedures through which the Secretary can require an employer to correct a condition of imminent danger to employees. (Sec. 11) Establishes small business assistance and training programs, including: (1) model injury prevention programs, completion of which qualifies employers for certain exemptions and reductions in penalties; (2) technical assistance and consultative services for employers and employees, targeted at small businesses and the most hazardous industries; and (3) 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 worksite-based incentives for voluntary compliance. (Sec. 12) Revises OSHA penalties in general. Limits the maximum amount of any civil penalty. Directs the Commission to assess all civil penalties, giving due consideration to their appropriateness with respect to specified factors. Provides for reduction or suspension of penalties for voluntary compliance program participants or exemplary safe worksites under certain conditions. Provides that no employer shall be subject to any State or Federal criminal prosecution arising out of a workplace accident other than under specified OSHA criminal penalty provisions. (Sec. 13) Repeals authority for the National Institute of Occupational Safety and Health (NIOSH), thus abolishing it. Transfers to the Secretary of Labor functions and authorities of NIOSH and of the Secretary of Health and Human Services under OSHA. (Sec. 14) Authorizes employers to establish alcohol and substance abuse testing programs where there is a reasonable probability that any employee's safety or health could be endangered because of use of alcohol or a controlled substance in the workplace. Directs the Secretary to establish standards for such programs. (Sec. 15) Directs the Secretary of Labor to conduct a continuing comprehensive economic impact analysis of the costs and benefits of each standard in effect under OSHA and to report the results biennially to the Congress. (Sec. 16) Makes certain restrictions under the National Labor Relations Act inapplicable to employer involvement with employee health and safety committees.
United States · United States Congress · 21 March 1995
National Right to Work Act of 1995 - Amends the National Labor Relations Act and the Railway Labor Act to repeal those provisions that permit employers, pursuant to a collective bargaining agreement, to require employees to join a union or pay union dues or fees as a condition of employment.
United States · United States Congress · 21 March 1995
Small Business Regulatory Bill of Rights Act - Amends Federal civil service law to enumerate the rights of small entities before (including a voluntary no-fault compliance audit program and a compliance assistance program), during, and after an investigative or enforcement action, with certain exceptions and limitations.
United States · United States Congress · 16 March 1995
TABLE OF CONTENTS: Title I: Family Tax Credit Title II: Reducing the Cost of Capital by Reducing Capital Gains Tax Rates and Indexing the Basis of Certain Assets Title III: Neutral Cost Recovery Title IV: Increasing National Savings Through Individual Retirement Plus Accounts, Indexing for Inflation the Income Thresholds for Taxing Social Security Benefits, Etc. Title V: Cap on Federal Spending and Establishment of Commission to Reduce Federal Spending Title VI: Elimination of Social Security Earnings Test Family, Investment, Retirement, Savings, and Tax Fairness Act of 1995 - Title I: Family Tax Credit - Amends the Internal Revenue Code to allow individuals a tax credit of $500 multiplied by the number of qualifying children who have not attained age 18. Places limitations on such credit and adjusts it for inflation. Title II: Reducing the Cost of Capital by Reducing Capital Gains Tax Rates and Indexing the Basis of Certain Assets - Reduces the individual and corporate capital gains rate from 34 percent to 15 percent. Reduces such tax to 7.5 percent for low- and middle-income taxpayers. Provides for the phaseout of personal exemptions and the overall limitation on itemized deductions to take into account adjusted gross income which has been reduced by net capital gain. (Sec. 204) Requires indexing, based on the gross national product deflator, of the adjusted basis of certain assets (corporate stock and tangible property that is a capital asset of property used in a trade or business) that have been held for more than one year at the time of sale or other transfer, solely for the purpose of determining gain or loss. (Sec. 205) Provides for indexing the limitation on capital losses of noncorporate taxpayers. Title III: Neutral Cost Recovery - Allows the depreciation deduction to be computed based on a neutral recovery basis for property placed in service after December 31, 1994. (Sec. 302) Establishes special depreciation rules applicable under the adjusted current earnings provisions of the minimum tax for taxable years after 1994. Title IV: Increasing National Savings Through Individual Retirement Plus Accounts, Indexing for Inflation the Income Thresholds for Taxing Social Security Benefits, Etc. - Allows individuals to establish individual retirement plus accounts with tax treatment similar to that for individual retirement plans. Makes contributions to such account nondeductible. Provides for qualified distributions from such accounts, other than for general retirement purposes, including special purpose distributions made for the purchase of a first home and for medical or educational purposes. Prohibits special purpose distributions from being made during the first five years of the account. (Sec. 402) Provides an inflation adjustment after 1997 for income thresholds in determining the taxation of social security benefits. Excludes income from individual retirement plans when determining modified adjusted gross income. (Sec. 403) Provides an inflation adjustment after 1997 for the maximum amount allowable as a deduction for retirement savings. Title V: Cap on Federal Spending and Establishment of Commission to Reduce Federal Spending - Establishes the Spending Reduction Commission to: (1) recommend specific reductions in Federal activities to assure that spending does not grow at a rate in excess of two percent per year beginning after FY 1995; and (2) take actions required by this title to achieve such reductions. (Sec. 504) Sets forth procedures for the Office of Management and Budget for making budget outlay reduction recommendations to the appropriate congressional committees and the Commission. Provides for the President to review such recommendations. (Sec. 505) Provides for congressional consideration of approved recommendations as submitted by the President through a joint resolution. (Sec. 506) Declares all budget reductions made under this title to be permanent. (Sec. 509) Amends the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act) to set forth sequestration procedures when the increase in annual Federal spending exceeds the amount resulting from an annual rate of inflation of two percent. Title VI: Elimination of Social Security Earnings Test - Amends title II (Old Age, Survivors and Disability Insurance) of the Social Security Act to remove the limitation on the amount of outside income which beneficiaries who have attained retirement age may earn without incurring a reduction in benefits.
United States · United States Congress · 15 March 1995
Product Liability Fairness Act of 1995 - Applies this Act to any product liability action begun after enactment of this Act, except for actions for loss or damage to a product itself, actions for commercial loss, and actions for negligent entrustment. Makes any circuit court of appeals decision interpreting this Act a precedent for any Federal or State court within that court's geographic jurisdiction. (Sec. 4) Allows a claimant or defendant in a product liability action to offer to proceed with voluntary, nonbinding alternative dispute resolution (ADR). Requires defendant offerees to pay reasonable attorney's fees and costs if they unreasonably or in bad faith refuse to proceed to ADR and final judgment is entered against the defendant. (Sec. 5) Imposes seller liability if the seller failed to exercise reasonable care, made an express warranty, or engaged in intentional wrongdoing. Declares that a failure to inspect is not a failure of reasonable care if there was no reasonable opportunity to inspect. Makes a seller liable as a manufacturer if the manufacturer is not subject to service or if the claimant would be unable to enforce a judgment. (Sec. 6) Makes it a complete defense if the claimant was under the influence of alcohol or a drug and was more than 50 percent responsible. (Sec. 7) Reduces damages by the percentage of harm attributable to misuse or alteration, except for actions involving an employer or coemployee if the employer or coemployee is, under State law, immune from claimant's action. (Sec. 8) Allows punitive damages, as permitted by State law, if the claimant shows by clear and convincing evidence that the harm resulted from the defendant's conscious, flagrant safety indifference. Limits the amounts that may be awarded for a claim. Requires, at the request of either party, consideration of punitive damages in a separate proceeding. (Sec. 9) Limits the time within which a product liability action must be started, with a separate limit for durable goods. (Sec. 10) Permits several and prohibits joint liability for noneconomic loss. (Sec. 11) Grants an insurer a right of subrogation whether or not the insurer is a party. Prohibits settlements or payments, and makes releases invalid, without the consent of the insurer. Requires, if the manufacturer or seller alleges the harm was the fault of the claimant's employer or coemployee, that the issue be submitted to the trier of fact. Reduces damages if it is found by clear and convincing evidence that the harm was so caused, but requires the manufacturer or seller to reimburse the insurer for attorney's fees and costs if it is not so found. (Sec. 12) Declares that U.S. district courts shall not have jurisdiction under this Act based on provisions of the U.S. Code relating to Federal questions, commerce and antitrust, and amounts in controversy.
United States · United States Congress · 14 March 1995
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, and report to the appropriate congressional committees, in order to develop and issue 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 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 · 8 March 1995
Expresses the sense of the Senate that: (1) obstetrician-gynecologists should be included as primary care providers for women in Federal laws relating to the provision of health care; and (2) legislative proposals that define primary care should include primary care services performed by obstetrician-gynecologists in such definition.
United States · United States Congress · 7 March 1995
Regulatory Sunset and Review Act of 1995 - Provides that the effectiveness of a regulation issued by a Federal agency shall terminate on the applicable termination date (specified in this Act) unless the head of the agency: (1) reviews the regulation; (2) submits a preliminary report on findings and proposed recommendations; (3) reviews and considers comments regarding the preliminary report that are transmitted to the agency by the Administrator of the Office of Information and Regulatory Affairs in the Office of Management and Budget and by appropriate congressional committees; and (4) submits to the President, the Administrator, and the Congress and publishes a final report on the review and a notice extending the effectiveness of the regulation, with or without modifications, within a specified time frame. Sets forth termination dates of regulations (seven years after this Act's enactment for existing regulations, three years after the regulation takes effect for new regulations, and seven years after publication of a notice for an extension for a regulation that is extended under this Act). Provides for temporary extensions. Requires the head of each agency to: (1) conduct thorough and systematic reviews of all regulations issued by the agency to determine if those regulations are obsolete, inconsistent, or duplicative or impede competition; (2) issue reports on the findings of those reviews, with recommendations for terminating, extending, modifying, or consolidating regulations; and (3) solicit comments from the public (including the private sector) before making determinations and sending a report regarding a regulation. Sets forth provisions regarding: (1) criteria for review; (2) preliminary and final reports on reviews of regulations; (3) reports on the schedule for reviewing existing regulations; (4) functions of the Administrator; (5) designation of agency Regulatory Review Officers; and (6) judicial review.
United States · United States Congress · 6 March 1995
Endangered Species Listing Moratorium Act of 1995 - Amends the Endangered Species Act of 1973 to prohibit the Secretary of the Interior, during the period beginning on March 7, 1995, and ending on September 7, 1995, from: (1) determining that a species is endangered or threatened; or (2) designating a habitat of a species as a critical habitat.
United States · United States Congress · 6 March 1995
Amends title XVI (Supplemental Security Income) (SSI) of the Social Security Act to deny SSI benefits for a disability if alcoholism or drug addiction would be a contributing factor material to the determination that the individual is disabled. Authorizes appropriations from the amount which would otherwise have been expended for FY 1997 through 2000 but for the amendments made by this Act for: (1) substance abuse treatment services grants through the Federal Capacity Expansion Program under the Public Health Service Act; and (2) the medication development project of the National Institute on Drug Abuse to improve drug abuse and drug treatment research.
United States · United States Congress · 6 March 1995
Expresses the sense of the Congress that the President should promptly indicate that the United States will welcome a private visit by Taiwanese President Lee Teng-hui to his alma mater, Cornell University, and will welcome a transit stop by President Lee in Anchorage, Alaska, to attend the USA-ROC Economic Council Conference.
United States · United States Congress · 2 March 1995
Municipal Waste Flow Control Transition Act of 1995 - Amends the Solid Waste Disposal Act to authorize States and political subdivisions to exercise flow control authority for municipal solid waste, and recyclable materials voluntarily relinquished by the owner or generator, generated in their jurisdictions directing such waste and materials to waste management facilities or recyclables facilities if such authority: (1) is exercised pursuant to a law, regulation, or other legally binding provision in effect on May 15, 1994; and (2) has been implemented by designating before such date the particular waste facilities in operation as of such date to which the waste or recyclable materials must be delivered. Limits such authority to categories, volumes, or sources of waste to which flow control authority requiring a movement to a facility was actually applied on May 15, 1994, or to the specific categories for which a State or political subdivision, prior to such date, had committed to the designation of a facility. Authorizes a political subdivision to exercise such authority notwithstanding the requirement that facilities are designated before such date if the subdivision has taken specified actions, prior to such date, to commit to the designation of a facility to be constructed. Permits States or political subdivisions, upon the request of a municipal solid waste generator, to authorize the diversion of waste generated by such generator to a solid waste facility other than the designated facility where such diversion would provide a higher level of health and environmental protection or indemnify or reduce potential liability of the generator under Federal or State law. Considers laws, regulations, or acts of States or political subdivisions that implement flow control authority to be a reasonable regulation of commerce. Directs the Administrator of the Environmental Protection Agency to study and report to the Congress on the extent to which the Supreme Court decision in C&A Carbone v. Clarkstown, New York has affected the ability of public and private entities to secure or retain financing for solid waste management facilities or services and is likely to interfere with the implementation of State solid waste management plans, recycling, or composting.
United States · United States Congress · 16 February 1995
National Highway System Designation Act of 1995 - Designates the most recent National Highway System (as of the date of this Act's enactment) as submitted by the Secretary of Transportation to be the National Highway System (NHS). Authorizes the Secretary, at the request of a State, to add a new route segment to the NHS (including a new intermodal connection) or delete a route segment in existence on the date of the request if the total mileage of the NHS, including any route segment or connection proposed to be added, does not exceed 165,000 miles. Requires each State making a request for a change in the NHS to establish that each change has been identified by the State, in cooperation with local officials, pursuant to applicable transportation planning activities for metropolitan areas and statewide planning processes. Authorizes the Secretary to approve such a request upon determining that the change meets the criteria established for, and enhances the national transportation characteristics of, the NHS. Authorizes the obligation of funds for capital and operating costs for traffic monitoring, management, and control facilities and programs (currently, for startup costs for traffic management and control if such costs are limited as specified). Increases the percentage (from 40 to 60) of apportionments that may be transferred from the apportionment under one section to the apportionment under any other if requested by the State highway department and approved by the Secretary as being in the public interest. Revises provisions regarding the Federal share for: (1) highways, bridges, and tunnels to make such share a percentage determined by the State, but not to exceed 80 percent; and (2) bicycle transportation facilities and pedestrian walkways to make such share a sum to be determined according to a specified formula. Authorizes individuals to donate funds, materials, or services in connection with activities eligible for Federal assistance under Federal highway provisions. Directs that, in the case of such an activity with respect to which the Federal Government and the State share in paying the cost, any donated funds or the fair market value of any donated materials or services that are accepted and incorporated into the activity by the State highway agency shall be credited against the State share. Bars any State from being required to: (1) erect any highway sign that establishes any speed limit, distance, or other measurement using the metric system; or (2) modify any highway sign that establishes any such measurement so that the sign uses the metric system. Amends the Intermodal Surface Transportation Efficiency Act of 1991 to set a time limit for obligation of funds for intelligent vehicle-highway systems projects. Authorizes the Secretary to reallocate such funds if they are not obligated by the specified date.
United States · United States Congress · 16 February 1995
TABLE OF CONTENTS: Title I: Production Credit Title II: Modifications To Percentage Depletion Title III: Other Provisions Domestic Oil and Gas Production Tax Incentive Act - Title I: 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. Title II: Modifications to Percentage Depletion - Repeals the net income limitation on percentage depletion for oil and gas properties. Makes all marginal production of domestic crude oil or domestic natural gas eligible for percentage depletion. Revises the percentage depletion rate for such marginal production. Title III: 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. Makes the enhanced oil recovery credit applicable to secondary recovery methods. Allows such credit against the minimum tax. Allows the election of an optional five-year writeoff of intangible drilling costs for minimum tax purposes.
United States · United States Congress · 14 February 1995
Stop Turning Out Prisoners Act - Revises provisions of the Violent Crime Control and Law Enforcement Act of 1994 regarding judicial remedies with respect to prison conditions. Specifies that prospective relief in a civil action with respect to prison conditions shall extend no further than necessary to remove the conditions that are causing the deprivation of the Federal rights of individual plaintiffs in that action. Prohibits the court from granting or approving any prospective relief unless it finds that the relief is narrowly drawn and the least intrusive means to remedy the violation of the Federal right. Directs the court, in determining the intrusiveness of the relief, to give substantial weight to any adverse impact on public safety or the operation of a criminal justice system caused by the relief. Prohibits the court, in any such action, from granting or approving any relief whose purpose or effect is to reduce or limit the prison population unless the plaintiff proves that crowding is the primary cause of the deprivation of the Federal right and no other relief will remedy that deprivation. Sets forth provisions regarding: (1) termination of relief (including provision for the automatic termination of prospective relief after a two-year period); (2) procedure for motions affecting prospective relief; (3) standing (grants standing to specified Federal, State, or local officials to oppose the imposition or continuation in effect of relief the purpose or effect of which is to reduce or limit the prison population and to intervene in any proceeding relating to that relief); (4) special masters; and (5) attorney's fees.
United States · United States Congress · 2 February 1995
Comprehensive Regulatory Reform Act of 1995 - Amends Federal law to define "major rule" as a rule or a group of closely related rules that the proposing agency or the President determines is likely to have an annual effect on the economy of $50 million or more in reasonably quantifiable increased costs, or has a significant impact on a sector of the economy. (Sec. 2) Authorizes an agency proposing the rule or the President to designate as a major rule any rule or group of closely related rules which is likely to result in: (1) a substantial increase in costs or prices for wage earners, consumers, individual industries, nonprofit organizations, Federal, State, or local government agencies, or geographic regions; or (2) significant adverse effects on competition, employment, investment, productivity, innovation, the environment, public health or safety, or the ability of enterprises whose principal places of business are in the United States to compete in domestic or export markets. Requires each Federal agency, before publishing notice of proposed rulemaking for any rule, to determine whether the rule is or should be designated major. Requires the agency to issue at the time of the notice of proposed rulemaking a draft cost-benefit analysis which shall be summarized in such notice. Prohibits an agency from promulgating a rule unless it finds that: (1) the rule's potential benefits to society outweigh its costs; and (2) such rule will provide greater net benefits to society than reasonable alternatives, including certain market-based mechanisms. Subjects agency and presidential rule determinations or designations to judicial review. Authorizes any person subject to a major rule to petition the agency or the President to perform a cost-benefit analysis. Requires an agency, before a major rule can become final, to submit to the Congress a copy of the rule and a report containing a concise statement on the rule, a complete copy of the cost-benefit analysis, and the proposed effective date of the rule. Prohibits a rule from becoming final if the Congress passes a joint resolution of disapproval. Prohibits the promulgation of any rule that expands Federal jurisdiction beyond the level of regulatory action needed to satisfy statutory requirements. Requires a court reviewing a final agency action to affirm an agency's interpretation of the statute granting authority to promulgate the rule if, in applying traditional principles of statutory construction, it finds that the interpretation is clearly the interpretation of the statute intended by the Congress. Requires the President to: (1) establish procedures for agency compliance with this Act; and (2) monitor, review, and ensure such compliance. Authorizes an affected small entity to petition for the judicial review of a final rule with respect to which an agency: (1) has certified that it would not have a significant economic impact on a substantial number of small entities; or (2) prepared a final regulatory flexibility analysis.
United States · United States Congress · 2 February 1995
Regulatory Oversight Act of 1995 - Provides for a review by the Congress of rules promulgated by Federal agencies, before such rules take effect as final rules. Requires Federal agencies to submit rules and reports on them, including any cost-benefit analyses, to the Congress. Allows the Congress to stop final implementation of significant rules through a joint resolution of disapproval (and override of any Presidential veto of such resolution). Defines a significant rule as any rule that may have an annual effect on the economy of $100 million or more, or adversely affect in a material way the economy, a sector of the economy, productivity, competition, jobs, the environment, public health or safety, or State, local, or tribal governments or communities.
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.
![Official portrait of Sen. Hutchison, Kay Bailey [R-TX]](https://www.congress.gov/img/member/h001016_200.jpg)