United States · United States Congress · 31 January 1995
Amends Federal transportation law to declare that provisions relating to the prohibition against State regulation of price, route, or service of a motor carrier (other than a carrier affiliated with a direct air carrier) or a private motor carrier that provides for the transportation of property shall not apply to the transportation for hire of a motor vehicle by a tow truck, if it is performed: (1) at the request of a law enforcement officer; or (2) without the prior consent of the owner of the motor vehicle (nonconsent tows).
United States · United States Congress · 30 January 1995
Teamwork for Employees and Management Act of 1995 - Amends the National Labor Relations Act to allow employers to establish, assist, maintain, or participate in an organization or entity in which employees participate to address matters of mutual interest (including issues of quality, productivity, and efficiency) if such organizations or entities cannot negotiate, enter into, or amend collective bargaining agreements.
United States · United States Congress · 25 January 1995
Establishes a moratorium on the Interagency Memorandum of Agreement Concerning Wetlands Determinations until enactment of a successor law to the Food, Agriculture, Conservation, and Trade Act of 1990.
United States · United States Congress · 20 January 1995
Missing Service Personnel Act of 1995 - Requires the military commander of the unit, facility, or area to which the following persons are assigned to conduct an investigation as to their whereabouts after receiving factual information that their status is uncertain: (1) military personnel who disappear during a period of war, national emergency, or hostilities; and (2) any civilian Federal employee (including an employee of a Federal contractor) who serves with or accompanies an armed force in the field during such a period. Requires such persons to be placed in a missing status and requires notification of such status to either the officer having general court-martial authority over the person (for military personnel) or the Secretary of the military department employing such person (for civilian and contractor employees). Requires such officials to be kept informed (specifies deadlines) as to all information and inquiries concerning efforts to locate such missing personnel. Requires such officials to appoint a board to conduct an inquiry into the whereabouts and status of such persons. Provides for: (1) board composition, activities, and access to information; (2) inquiry proceedings (requiring the appointment of counsel, with specified duties, to represent the missing person); (3) a board recommendation as to the official status of a person following such an inquiry; (4) board reports to the officials involved as to board conclusions (prohibiting public availability of such reports for a one-year period); (5) report review by the official; (6) a report from such official to interested persons; and (7) an additional investigation and inquiry by an additional board upon receipt of new information within one year after the date of the first official notice of a person's disappearance. Allows interested persons (family members, dependents, next of kin) to participate at the proceedings of the board during such additional inquiry. Provides for the availability of appropriate information to board personnel conducting investigations and inquiries. Provides similar procedures for the second board with respect to meetings (open to the public, with exceptions), recommendations, reports, review by the Secretary of the military department concerned, and reports to interested persons. Requires a board to be reconvened when information becomes available that would directly lead to a determination of a person's status. Requires the Secretary concerned to appoint a board to conduct an inquiry as to the status of a missing person: (1) on or about three years after the first official notice of the disappearance of such person; and (2) not later than every three years thereafter until a total of 12 years after the first official notice. Provides for: (1) the release to a board by the Secretary concerned of all personnel file information concerning missing persons; (2) the treatment of classified information; (3) penalties for the wrongful withholding of information; (4) limited circumstances under which a board may recommend that a missing person be declared officially dead; (5) the submission by the board of appropriate information if such recommendation occurs; and (6) judicial review for interested persons of a board decision to declare a person officially dead. Provides for the appointment of a board to review the status of a person previously declared dead, with board procedures similar to those described above. Requires a person previously declared dead or in a missing status who is subsequently found alive to be paid for the full time of their absence. Directs the Secretary concerned, upon the enlistment or commission of a person in an armed force, to require such person to specify in writing his or her dependents, immediate family, primary next of kin, and any other individual that the person shall designate for purposes of this Act. Allows for revision of such designation at any time.
United States · United States Congress · 19 January 1995
Paperwork Reduction Act of 1995 - Amends the Paperwork Reduction Act of 1980 to: (1) extend its purview to educational and nonprofit institutions, Federal contractors, and tribal governments; (2) revise the authority and functions of the Office of Information and Regulatory Affairs (OIRA) in the Office of Management and Budget (OMB), specifying information dissemination and related agency oversight responsibilities; and (3) require OMB to conduct pilot projects to test alternative policies and procedures, and to develop a government wide strategic information resources management plan. Requires the OIRA Director to establish an Interagency Council on Statistical Policy. Requires each Federal agency to: (1) establish a process, independent of program responsibility, to evaluate proposed collections of information; (2) establish a permanent information resources management steering committee; and (3) ensure that the public has timely and equitable access to information products and services. Prohibits agencies, except where specifically authorized by statute, from: (1) establishing exclusive, restricted, or other distribution arrangements that interfere with timely and equitable public availability; (2) restricting or regulating the use, resale, or redissemination of public information by the public; (3) charging fees or royalties for resale or redissemination of public information; or (4) establishing user fees that exceed the cost of dissemination. Specifies actions agencies must take with respect to information technology. Replaces the Federal Information Locator System with an agency-based electronic Government Information Locator Service to identify the major information systems, holdings, and dissemination products of each agency. Reauthorizes appropriations for OIRA.
United States · United States Congress · 19 January 1995
Welfare Antifraud Act of 1995 - Amends part A (Aid to Families With Dependent Children) (AFDC) of title IV of the Social Security Act to require State plans to require the State agency to procure, on a competitive basis, a two-digit fingerprint matching identification system for the purpose of preventing multiple enrollments of an individual in the State AFDC program. Prescribes requirements for such a system, including benefit denial for certain periods of time per offense for any individual identified under the system as receiving or attempting to receive multiple benefits. Establishes criminal penalties for any person who knowingly and intentionally makes or obtains any unauthorized disclosure of data collected and maintained by a State fingerprint identification system.
United States · United States Congress · 19 January 1995
Auto Inspection Reform (AIR) Act of 1995 - Provides that States will not be required to implement enhanced vehicle inspection and maintenance programs (required for Serious, Severe, and Extreme ozone nonattainment areas) under the Clean Air Act prior to March 1, 1996. Directs the Administrator of the Environmental Protection Agency to immediately rescind regulations relating to the operation of such programs on a centralized basis and issue new regulations to allow the operation of such programs on a centralized or decentralized basis at the option of each State. Prohibits, until the Administrator carries out such requirements, the imposition of sanctions for failures by States to implement such programs or specified adverse actions against States by the Administrator or the Administrator of the Federal Highway Administration. Requires the Administrator to: (1) deem that emissions reductions calculated by States for inspection and maintenance under State implementation plans would be achieved as if the planned program had been implemented; or (2) consider the operation of the program on a decentralized basis as equivalent to operation on a centralized basis if the State demonstrates that such equivalency is reasonable.
United States · United States Congress · 19 January 1995
Constitutional Amendment - Prohibits the election of any person to a full term as a Senator more than twice or to a full term as a Representative more than three times. Bars any person who has been: (1) a Senator for more than three years of a term to which another person was elected from being subsequently elected more than once; and (2) a Representative for more than a year of a term to which another person was elected from being subsequently elected more than twice.
United States · United States Congress · 18 January 1995
TABLE OF CONTENTS: Title I: Private Securities Litigation Title II: Financial Disclosure Private Securities Litigation Reform Act of 1995 - Title I: Private Securities Litigation - Amends the Securities Exchange Act of 1934 (the Act) to prohibit brokers or dealers from soliciting or accepting referral fees from an attorney for obtaining the representation of a customer in any implied private action. Prohibits the use of disgorgement funds resulting from actions brought by the Securities Exchange Commission (the Commission) to pay legal expenses incurred by private parties seeking distribution of such funds. Modifies the guidelines for class action litigation, including: (1) recovery by named plaintiffs in the same manner as all other members of the class; (2) court determination of conflicts of interest on the part of counsel with a beneficial interest in the securities that are the subject of the litigation; (3) restrictions on settlements under seal; (4) restrictions on payment of attorney's fees from settlement funds; (5) disclosure of settlement terms to class members; (6) special verdicts; and (7) the threshold enabling a plaintiff to obtain certification as representative for the class. Prescribes procedural guidelines for alternative dispute resolution. Establishes a limitations period for implied private rights of action. Provides for a court-appointed guardian ad litem or class action steering committee to oversee counsel and settlement offers for the plaintiff class. Delineates the requirements for securities fraud actions. Amends the Racketeer Influenced and Corrupt Organizations statute to exclude from its purview an action involving fraud in the sale of securities. Title II: Financial Disclosure - Directs the Commission to re-examine the regulatory and judicial framework with respect to predictive statements ("forward-looking statements") concerning the future economic performance of an issuer of securities. Amends the Securities Exchange Act of 1934 to prescribe litigation procedures governing safe harbors for forward-looking statements. Modifies requirements for audits conducted by an independent public accountant of an issuer's financial statements to include procedures to: (1) detect illegal acts; (2) identify related party transactions material to financial statements; and (3) evaluate an issuer's ability to continue as a going concern. Sets forth notification and reporting guidelines for a public accountant who detects illegal activities during the course of an audit. Limits such auditor's liability for complying with such guidelines. Establishes civil penalties for an auditor's noncompliance with this Act. Modifies the allocation of damages scheme to distinguish between primary degrees of responsibility and the application of proportionate liability. Directs the Commission to establish a Public Auditing Self-Disciplinary Board (the Board). Prohibits a public accounting firm from furnishing an accountant's report on any document required to be filed with the Commission unless it has registered with the Board. Requires the Board to establish guidelines for: (1) investigations and disciplinary proceedings against public accounting firms; and (2) criteria for certification of public accountant peer review organizations. Grants the Commission responsibility for oversight of the Board. Includes within Board jurisdiction a foreign public accounting firm that furnishes accountant's reports on any document required to be filed with the Commission.
United States · United States Congress · 18 January 1995
Private Property Owners Bill of Rights - Requires Federal agency heads to: (1) comply with applicable State and tribal government laws in implementing and enforcing the Endangered Species Act of 1973 (ESA) and the permitting program for dredged or filled material under the Federal Water Pollution Control Act (FWPCA); (2) administer and implement the Acts in a manner that least affects the private property owners' constitutional and other legal rights; (3) develop and implement rules and regulations for ensuring that such rights are protected when making any final decision that restricts the use of private property; (4) obtain the consent of the property owner and provide appropriate notice before entering privately-owned property in order to collect information on it; and (5) give the property owner an opportunity to review and dispute the data collected before using it to implement or enforce any of the Acts. Amends ESA and FWPCA to provide for administrative appeals of certain actions, including those related to the denial of permits and the imposition of administrative penalties. Entitles a private property owner deprived of $10,000, or 20 percent or more, of the fair market value of a portion of property as a consequence of a final qualified agency action to receive compensation upon request in accordance with specified guidelines. Amends ESA to require the Secretary of the Interior to notify all private property owners or lessees of property subject to a management agreement and provide an appropriate opportunity for their participation in such an agreement when the Secretary enters into it with any non-Federal person establishing restrictions on property use.
United States · United States Congress · 18 January 1995
Amends the Clean Air Act to provide that revisions of State implementation plans that provide for transportation control measures for Serious ozone nonattainment areas shall not be required to include trip reduction ordinances.
United States · United States Congress · 18 January 1995
Amends the Clean Air Act to authorize (but not require) States to include provisions for vehicle inspection and maintenance programs in implementation plans for Marginal ozone nonattainment areas. Repeals provisions that require States to submit plan revisions that provide for: (1) vehicle inspection and maintenance programs in Moderate ozone nonattainment areas; and (2) enhanced vehicle inspection and maintenance programs to reduce hydrocarbon and nitrogen oxide emissions in Serious ozone nonattainment areas.
United States · United States Congress · 17 January 1995
Constitutional Amendment - Limits a person to three consecutive terms in the Senate and seven consecutive terms in the House of Representatives (excluding partial terms in each case).
United States · United States Congress · 12 January 1995
Regulatory Transition Act of 1995 - Establishes a moratorium on Federal regulatory rulemaking actions from November 9, 1994, through June 30, 1995, with certain emergency exceptions for presidentially designated imminent threats to health or safety, or actions necessary for enforcement of criminal laws. Suspends until July 1, 1995, starting 30 days after enactment of this Act, the effectiveness of any such action taken after November 9, 1994, but before enactment of this Act. Requires the President to inventory and publish in the Federal Register a list of all covered regulatory rulemaking actions pending on the date of enactment of this Act. Authorizes civil actions by anyone adversely affected by any conduct of a Federal agency in violation of this Act.
United States · United States Congress · 12 January 1995
Constitutional Amendment - Grants the President line item veto power with respect to any item of spending authority in a bill (including any vote, resolution, or order that contains such item).
United States · United States Congress · 11 January 1995
Spending Reduction Enforcement Act - Establishes the Spending Reduction Commission to propose cost savings and changes in law to achieve at least $45 billion of budget outlay reductions for the budget year and each outyear until a balanced budget is reached. Subjects such reductions to the following guidelines: (1) elimination of redundant and outdated programs, including those whose missions can be accomplished by the private sector; (2) reduction of programs with excessive administrative costs or that can be consolidated with other programs; (3) elimination of programs that provide subsidies that benefit narrow special interest groups at the expense of the national interest; and (4) reduction or elimination of programs that have low priority in meeting a national interest criterion. Sets forth the procedure for implementation of the Commission's recommendations by the Office of Management and Budget, the President, and the Congress. Makes budget outlay reductions permanent. Establishes sequester provisions if the full amount of savings required by this Act is not achieved in a session of the Congress.
United States · United States Congress · 11 January 1995
Farm, Ranch, and Homestead Protection Act of 1995 - Amends the Endangered Species Act of 1973 to prohibit the Secretary of the Interior, until the Act's reauthorization, from: (1) determining that a species is an endangered or threatened species; or (2) designating a species habitat as a critical habitat. Exempts Federal agencies, until the Act's reauthorization, from complying with specified requirements, including: (1) carrying out programs for the conservation of threatened and endangered species; and (2) insuring that Federal actions are not likely to jeopardize the continued existence of endangered or threatened species or result in the destruction of habitat.
United States · United States Congress · 11 January 1995
Spending Reduction Act - Establishes the Spending Reduction Commission to propose cost savings and changes in law to achieve at least $45 billion of budget outlay reductions for the budget year and each outyear until a balanced budget is reached. Subjects such reductions to the following guidelines: (1) elimination of redundant and outdated programs, including those whose missions can be accomplished by the private sector; (2) reduction of programs with excessive administrative costs or that can be consolidated with other programs; (3) elimination of programs that provide subsidies that benefit narrow special interest groups at the expense of the national interest; and (4) reduction or elimination of programs that have low priority in meeting a national interest criterion. Sets forth the procedure for implementation of the Commission's recommendations by the Office of Management and Budget, the President, and the Congress. Makes budget outlay reductions permanent. Requires the Comptroller General to make a compliance report on this Act at the end of each congressional session.
United States · United States Congress · 11 January 1995
Amends the Omnibus Budget Reconciliation Act of 1990 to: (1) make permanent the Medicare select policy program; and (2) allow access to Medicare select policies in all States. Amends title XVIII (Medicare) of the Social Security Act to revise the Medicare select policy program and provide for a civil penalty for misrepresentations made in connection with a Medicare select policy.
United States · United States Congress · 4 January 1995
Amends the Congressional Budget Act of 1974 to prohibit the House of Representatives or the Senate from considering any bill, joint resolution, amendment, motion, or conference report that increases a tax and applies such increase to taxable years beginning before the date of the enactment of the law. Provides that a point of order raised under any such measure may be waived only by a three-fifths vote in the Senate.
United States · United States Congress · 4 January 1995
TABLE OF CONTENTS: Title I: Legislative Accountability and Reform Title II: Regulatory Accountability and Reform Title III: Review of Unfunded Federal Mandates Title IV: Judicial Review Unfunded Mandate Reform Act of 1995 - Prohibits the application of this Act to any proposed Federal legislation or proposed or final Federal regulation that: (1) enforces the constitutional rights of individuals; (2) establishes or enforces any statutory rights that prohibit various specified types of discrimination; (3) requires compliance with accounting and auditing procedures with respect to grants or other money or property provided by the Federal Government; (4) provides for emergency assistance or relief at the request of any State, local, or tribal government (small government); or (5) is designed as emergency legislation or is necessary for national security or international treaty purposes. Requires each Federal agency to provide to the Director of the Congressional Budget Office (CBO) such information and assistance as the Director may reasonably request to assist him or her in carrying out this Act. Title I: Legislative Accountability and Reform - Amends the Congressional Budget and Impoundment Control Act of 1974 and the Congressional Budget Act of 1974 with respect to unfunded Federal mandates. (Sec. 101) Includes tribal governments and the private sector within the purview of mandate analysis by CBO and congressional committees. Requires authorization committees to identify to CBO any Federal mandates in legislation ordered to be reported. Requires the report accompanying any reported legislation with a Federal mandate to contain statements on whether the legislation is intended to preempt any State, local, or tribal law (and the reasons for such intention), as well as individual mandate descriptions, cost-benefit analyses, and statements regarding Federal financial assistance to State, local, and tribal governments for meeting mandate costs. Requires the CBO Director, for each piece of legislation, to prepare and submit the authorizing committee certain statements estimating the direct costs of mandate compliance and the amount of new or increased Federal financial assistance needed to meet such costs, if the estimates indicate at least a $50 million per fiscal year direct cost of all intergovernmental mandates in the legislation, or a $200 million per fiscal year direct cost of private sector mandates. Makes it out of order for the Senate to consider: (1) any reported nonappropriations legislation unless it has a CBO Director report; or (2) any reported nonappropriations legislation containing a Federal intergovernmental mandate with direct costs exceeding the thresholds specified by this Act, unless it provides for new or increased budget, entitlement, or direct spending authority or makes other specified arrangements for each fiscal year to ensure that Federal funds equal or exceed the estimated direct costs of the mandate, or that State, local, and tribal programmatic and financial responsibilities are reduced so they do not exceed the amount of Federal funding. Gives the House Committee on Government Reform and Oversight and the Senate Committee on Governmental Affairs final authority to determine questions on the applicability of this Act to pending bills, joint resolutions, amendments, motions, or conference reports. Requires the direct costs of a Federal mandate for a fiscal year to be determined based on estimates by congressional budget committees. Provides that it shall not be in order in the House of Representatives to consider a rule or order waiving application of these provisions to a bill or joint resolution reported by an authorization committee. (Sec. 102) Amends House rules with regard to the Committee of the Whole and Committee on Rules: (1) to make it always in order in the former to strike from the portion of any bill open to amendment any Federal mandate whose direct costs exceed the prescribed threshold; and (2) to require the latter to include in its reports on waived points of order a separate item identifying all waivers of points of order relating to Federal mandates. (Sec. 103) Provides that, at the request of any congressional committee, the CBO Director shall: (1) consult with and assist it in analyzing the budgetary or financial impact of any proposed legislation that may have a significant impact on the State, local, or tribal government involved or on the private sector; and (2) study any legislative proposal containing a Federal mandate. Requires the CBO Director to conduct continuing studies to enhance comparisons of budget outlays, credit authority, and tax expenditures. Requires any congressional committee that anticipates considering any legislative proposal establishing, amending, or reauthorizing any Federal program likely to have a significant impact on any State, local, or tribal government or on the private sector to include its views and estimates on that proposal to the applicable budget committee. (Sec. 104) Authorizes appropriations to CBO to carry out this Act. (Sec. 106) Repeals the State and Local Government Cost Estimate Act of 1981. Title II: Regulatory Accountability and Reform - Requires each Federal agency to: (1) assess the effects of Federal regulations on State, local, and tribal governments (other than to the extent that such regulations incorporate requirements specifically set forth in legislation) and the private sector, including specifically the availability of resources to carry out any Federal mandates in those regulations; and (2) seek to minimize those burdens that uniquely or significantly affect such governmental entities, consistent with achieving statutory and regulatory objectives. (Sec. 201) Directs each agency to permit elected officials and other representatives of State, local, and tribal governments to provide meaningful and timely input in the development of regulatory proposals containing significant Federal mandates. Requires each agency: (1) before establishing regulatory requirements, to develop plans for notifying small governments of such requirements; and (2) before promulgating any final rule that includes any Federal intergovernmental mandate that may result in State, local, or tribal government and private sector expenditures, in the aggregate, of $100 million or more in any one year, to prepare a written statement of specified estimates and analyses for forwarding to the CBO Director. Authorizes appropriations. (Sec. 204) Directs the Director of the Office of Management and Budget to establish pilot programs in at least two agencies to test innovative approaches to reducing reporting and compliance burdens on small governments. Title III: Review of Unfunded Federal Mandates - Establishes the Commission on Unfunded Federal Mandates to investigate and review the role of unfunded Federal mandates in intergovernmental relations and their impact on local, State, and Federal government objectives and responsibilities. Requires the Commission to make recommendations to the President and the Congress with regard to: (1) consolidating or simplifying unfunded Federal mandates in order to facilitate compliance by State, local, and tribal governments, especially with respect to specific mandates for which the terms of compliance are unnecessarily rigid or complex; (2) terminating unfunded mandates which are duplicative, obsolete, or lacking in practical utility; and (3) temporarily suspending those unfunded mandates which are not vital to public health and safety and which compound the fiscal difficulties of State, local, and tribal governments. (Sec. 307) Authorizes appropriations. Title IV: Judicial Review - Disallows judicial review under this Act.
United States · United States Congress · 4 January 1995
Peace Powers Act of 1995 - Repeals the War Powers Resolution. (Sec. 3) Requires the President, in every possible instance, to consult with the Congress before introducing the armed forces into hostilities or into situations where imminent involvement in hostilities is clearly indicated and to consult regularly with the Congress until such forces are no longer engaged in such hostilities or have been removed from such situations. (Sec. 4) Directs the President, in the absence of a declaration of war, to report to the Speaker of the House and the president of the Senate in any case in which the armed forces are introduced: (1) into hostilities or situations described above; (2) into the territory, airspace, or waters of a foreign nation while equipped for combat, with specified exceptions; or (3) in numbers which substantially enlarge armed forces equipped for combat already located in a foreign nation. Requires such report to set forth: (1) the circumstances necessitating such introduction; (2) the constitutional and legislative authority under which such introduction took place; and (3) the estimated scope and duration of the hostilities or involvement. Provides for continuing reports to the Congress as long as the armed forces are so engaged. (Sec. 5) Amends the United Nations Participation Act to prohibit the President from subordinating any element of the armed forces participating in a United Nations peacekeeping activity to the command or operational control of any foreign nationals unless he submits specified documents to the designated congressional committees or the Congress enacts an Act or joint resolution authorizing such subordination. Lists as the specified documents determinations by the President that: (1) the proposed subordination is in the national security interest (along with a justification for such determination); (2) the unit commanders of the armed forces proposed for subordination will retain the ability to report independently to higher U.S. military authorities; (3) the United States will retain authority to withdraw the armed forces from the activity at any time and to take any action to protect such forces if endangered; (4) the armed forces will remain under U.S. administrative command for purposes of discipline and evaluation; and (5) the proposed foreign command arrangement does not violate the Constitution. (Sec. 6) Requires the President to report to the appropriate congressional committees on the total amount of funds appropriated for national defense purposes after FY 1995 that were expended during the preceding fiscal year for United Nations peacekeeping activities. Permits the payment to the United Nations of the U.S. share of peacekeeping activities, beginning with FY 1996, only to the extent that such share exceeds the total amount appropriated for the preceding fiscal year reduced by the amount of any reimbursement or credit for U.S. support for peacekeeping. (Sec. 7) Provides for notification to the Congress of proposed participation in, or expenditure of funds for, United Nations peacekeeping activities.
United States · United States Congress · 4 January 1995
TABLE OF CONTENTS: Title I: General Title II: Extension of Rights and Protections Part A: Employment Discrimination, Family and Medical Leave, Fair Labor Standards, Employee Polygraph Protection, Worker Adjustment and Retraining, Employment and Reemployment of Veterans, and Intimidation Part B: Public Services and Accommodations Under the Americans with Disabilities Act of 1990 Part C: Occupational Safety and Health Act of 1970 Part D: Labor-Management Relations Part E: General Part F: Study Title III: Office of Compliance Title IV: Administrative and Judicial Dispute-Resolution Procedures Title V: Miscellaneous Provisions Congressional Accountability Act of 1995 - Title I: General - Applies provisions of the following laws to the legislative branch: (1) the Fair Labor Standards Act of 1938 (FLSA); (2) Title VII of the Civil Rights Act of 1964; (3) the Americans with Disabilities Act of 1990 (ADA); (4) the Age Discrimination in Employment Act of 1967 (ADEA); (5) the Family and Medical Leave Act of 1993 (FMLA); (6) the Occupational Safety and Health Act of 1970 (OSHA); (7) provisions regarding Federal labor-management relations; (8) the Employee Polygraph Protection Act of 1988 (EPPA); (9) the Worker Adjustment and Retraining Notification Act (WARN); (10) the Rehabilitation Act of 1973; and (11) the Uniformed Services Employment and Reemployment Rights Act of 1994. Requires the Board of Directors (Board) of the Office of Compliance (established by this Act) to: (1) review provisions of Federal laws and regulations relating to the terms and conditions of employment (including protection from discrimination in personnel actions, occupational health and safety, and family, medical, and other leave) of employees and access to public services and accommodations; and (2) report on December 31, 1996, and biennially thereafter, on whether or to what degree such provisions are applicable or inapplicable to the legislative branch and if inapplicable whether they should be made applicable. Requires each report of a congressional committee accompanying any bill or joint resolution relating to terms and conditions of employment or access to public services or accommodations to: (1) describe the manner in which the provisions of the bill or joint resolution apply to the legislative branch; or (2) if the provisions do not apply, include a statement of the reasons why. Makes it out of order, on the objection of any Member, for the Senate or the House of Representatives to consider such bill or joint resolution if the report of the committee on the measure does not comply with this Act. Allows such requirement to be waived in either House by a majority vote of that House. Title II: Extension of Rights and Protections - Part A: Employment Discrimination, Family and Medical Leave, Fair Labor Standards, Employee Polygraph Protection, Worker Adjustment and Retraining, Employment and Reemployment of Veterans, and Intimidation - Requires all personnel actions affecting covered employees to be made free from any discrimination based on race, color, religion, sex, national origin, age, or disability. Defines a "covered employee" as an employee of the House, the Senate, the Capitol Guide Service, the Capitol Police, the Congressional Budget Office (CBO), the Office of the Architect of the Capitol (AOC), the Office of the Attending Physician, the Office of Compliance, or the Office of Technology Assessment (OTA). Makes available the remedies awarded under the Civil Rights Act of 1964, the ADEA, the Rehabilitation Act of 1973, and the ADA, as appropriate, for discrimination violations affecting covered employees. Amends the Civil Rights Act of 1964 and the ADEA to apply their protection and remedies to the Government Printing Office (GPO) and the General Accounting Office (GAO). Extends coverage under the ADA to GPO and GAO. Makes specified remedies and procedures set forth in the Civil Rights Act of 1964 available to any employee of an instrumentality of the Congress who alleges a violation of the rights and protections under the ADA, except that the authorities of the Equal Employment Opportunity Commission shall be exercised by the chief official of the instrumentality of the Congress. (Sec. 202) Applies the rights, protections, and remedies of the FMLA, EPPA, WARN (with regard to closures or mass layoffs), and veterans' employment and reemployment rights to covered employees, GAO, and the Library of Congress. Applies the FLSA to covered employees and GPO. Prohibits covered employees from receiving compensatory time in lieu of overtime compensation. Provides that nothing in this Act shall preclude the Capitol Police from using lie detector tests in accordance with prescribed regulations under this Act. (Sec. 207) Makes it unlawful for an employing office to intimidate, take reprisal against, or otherwise discriminate against, any covered employee for opposing any practice made unlawful by this Act, or for initiating proceedings, making charges, or testifying, assisting, or participating in any manner in a hearing or other proceeding under this Act. Provides that the remedy available for such violation shall be such legal or equitable remedy as would be appropriate. Part B: Public Services and Accommodations under the Americans with Disabilities Act of 1990 - Applies the rights and protections against discrimination in the provision of public services and accommodations under the ADA to the Senate, the House, congressional and joint committees, the Capitol Guide Service, the Capitol Police, CBO, AOC, the Office of the Attending Physician, the Office, and OTA. Makes available specified remedies awarded under the ADA, as appropriate, except that with respect to any claim of employment discrimination asserted by any covered employee, the exclusive remedy under this title shall apply. Describes procedures to remedy other ADA violations, including filing a charge with the General Counsel of the Office, mediation, and judicial review. Makes specified remedies and procedures under the Civil Rights Act of 1964 available to disabled visitors, guests, or patrons of instrumentalities of the Congress (GAO, GPO, and the Library) who allege violations under ADA provisions described by this part. Part C: Occupational Safety and Health Act of 1970 - Directs each employing office (including GAO and the Library) and covered employees to comply with OSHA. Requires the remedy for an OSHA violation to be an order to correct the violation. Establishes procedures for such remedies, including granting the General Counsel and the Board certain authorities exercised by the Secretary of Labor under OSHA. Part D: Labor-Management Relations - Applies Federal labor- management relations provisions to employing offices and covered employees. Grants the Board and the General Counsel specified authorities of the Federal Labor Relations Authority to enforce such provisions. Part E: General - Allows the hearing officer, Board, or court, as the case may be, to award attorney's fees, expert witness fees, and other costs as would be appropriate under the Civil Rights Act of 1964 to a covered employee with respect to a claim under this Act or a qualified person with a disability with respect to a claim under the ADA. Prohibits a civil penalty or punitive damages from being awarded with respect to any claim under this Act. Bars persons other than veterans from commencing an administrative or judicial proceeding to seek a remedy for the rights and protections afforded by this Act except as provided in this Act. Provides that only a covered employee who has undertaken and completed the employee counseling and mediation procedures described in this Act may be granted a remedy under Part A of this title. Part F: Study - Directs the Administrative Conference of the United States to study the application of the following laws to GAO, GPO, and the Library of Congress and the regulations and procedures used by such entities to apply and enforce such laws: (1) title VII of the Civil Rights Act of 1964; (2) the ADEA; (3) the ADA; (4) the FMLA; (5) the FLSA; (6) OSHA; (7) the Rehabilitation Act of 1973; (8) Federal labor-management relations provisions; (9) the General Accounting Office Personnel Act of 1980; (10) the EPPA; (11) the WARN; and (12) provisions regarding veterans' employment and reemployment rights. Title III: Office of Compliance - Establishes in the legislative branch an Office of Compliance (Office) to carry out: (1) a program of education for Members of Congress and other employing authorities of the legislative branch respecting the laws made applicable to them; and (2) a program to inform individuals of their rights under such laws. Requires the Board Chair to appoint an Executive Director, a Deputy Executive Director for the Senate, and a Deputy Executive Director for the House of Representatives. (Sec. 304) Sets forth procedures for congressional approval of the Board's regulations required under title II to implement this Act, including regulations on the appropriate application of exemptions under the laws made applicable in such title. (Sec. 305) Authorizes appropriations. Title IV: Administrative and Judicial Dispute-Resolution Procedures - Sets forth procedures for counseling, mediation, election of proceedings, hearings, judicial review of Board decisions and enforcement, civil actions, and judicial review of regulations issued by the Board with respect to consideration of alleged violations of Part A of title II. (Sec. 410) Prohibits judicial review of actions taken pursuant to this Act, except as expressly authorized by this title. (Sec. 415) Authorizes appropriations for the establishment of an account in the Treasury for the Office for payment of awards and settlements under this Act. Prohibits funds in the account from being available for awards and settlements involving GAO, GPO, and the Library. Authorizes appropriations for funds for: (1) administrative, personnel, and similar expenses of employing offices which are needed to comply with this Act; and (2) the correction of OSHA and ADA accommodation and access violations. (Sec. 416) Makes all counseling, mediation, and hearings and deliberations of the Board confidential. Permits the records of hearing officers and the Board to be made public if required for judicial review. Authorizes the House Committee on Standards of Official Conduct and the Senate Select Committee on Ethics to have access to hearing records and decisions after the issuance of a final decision on a complaint. Title V: Miscellaneous Provisions - Provides that it shall not be a violation of any provision of Section 201 to consider the party affiliation, domicile, or political compatibility, with respect to employment decisions, of employees who are: (1) on the staff of the House or Senate leadership; (2) on the staff of congressional committees, joint committees, or subcommittees; (3) on the staff of Members of the House or Senators; (4) officers of the House or the Senate or elected or appointed congressional staff; or (5) applicants for any such positions. (Sec. 503) Provides that the Senate Select Committee on Ethics and the House Committee on Standards of Official Conduct retain full power with respect to the discipline of Members, officers, and employees for violating rules of the Senate and House on nondiscrimination in employment. (Sec. 505) Requires the Judicial Conference of the United States to report to the Congress on the application to the judicial branch of: (1) the FLSA; (2) title VII of the Civil Rights Act of 1964; (3) the ADA; (4) the ADEA; (5) the FMLA; (6) OSHA; (7) Federal labor- management relations provisions; (8) the EPPA; (9) the WARN; (10) the Rehabilitation Act of 1973; and (11) veterans' employment and reemployment provisions. Requires the report to include any recommendations the Judicial Conference may have for legislation to provide judicial branch employees with the rights, protections, and procedures under such laws, including administrative and judicial relief, that are comparable to those available to legislative branch employees under titles I through IV of this Act. (Sec. 506) Sets forth transitional provisions with respect to certain existing claims.
United States · United States Congress · 4 January 1995
Private Property Rights Restoration Act - Grants the owner of real property a cause of action against the United States if: (1) the application of a statute, regulation, rule, guideline, or policy of the United States restricts, limits, or otherwise infringes a right to real property that would otherwise exist; and (2) such application would result in a discrete and non-negligible reduction in the fair market value of the affected portion of real property. Specifies that a prima facie case shall be established if the Government action results in a temporary or permanent diminution of fair market value of the affected portion of real property of the lesser of 25 percent or more, or $10,000 or more. Sets forth provisions regarding: (1) jurisdiction; (2) recovery amount; (3) a public nuisance exception; (4) award of costs to a prevailing plaintiff; and (5) the applicable statute of limitations.
United States · United States Congress · 4 January 1995
Amends the National Voter Registration Act of 1993 to: (1) direct the Attorney General to make State implementing grants; (2) authorize appropriations; and (3) make such Act effective with respect to a State 180 days after funds are appropriated.
United States · United States Congress · 4 January 1995
Amends Federal law to prohibit any State from imposing an income tax on the pension income of any individual who is not a resident or domiciliary of that State.
United States · United States Congress · 4 January 1995
Private Property Rights Act of 1995 - States that the Congress declares that the Federal Government should protect the health, safety, and welfare of the public and, in doing so, to the extent practicable, avoid takings of private property. Directs Federal agencies to complete a private property taking impact analysis before issuing or promulgating any policy, regulation, proposed legislation, or related agency action which is likely to result in a taking of private property. Exempts from such requirement certain: (1) actions in which the power of eminent domain is formally exercised; (2) any action taken with respect to property held in trust by the United States or in connection with treaty negotiations; (3) law enforcement actions; (4) communications between a Federal agency and a State or local land-use planning agency about a proposed State or local activity regulating private property; (5) military activities or military or foreign affairs functions; and (6) emergencies involving immediate threats to health or safety. Requires that the policies, regulations, and public laws of the United States be interpreted and administered in accordance with the policies under this Act. Specifies the content of such an analysis and requires a copy to be transmitted to the owner of the affected property, as well as made available to the public. Requires each agency to provide the analysis required by this Act as part of any submission otherwise required to be made to the Office of Management and Budget (OMB) in conjunction with the proposed regulation. Directs the Attorney General to provide legal guidance in a timely manner, in response to a request by an agency, to assist it in complying with this Act. Requires annual reports by each agency to the OMB Director and Attorney General identifying each agency action that has resulted in the preparation of a taking impact analysis, the filing of a taking claim, or an award of compensation pursuant to the Just Compensation Clause of the Fifth Amendment to the Constitution. Creates a rebuttable presumption that unmodified analyses five years or older are outdated for purposes of any agency action or administrative or judicial proceeding.
United States · United States Congress · 4 January 1995
TABLE OF CONTENTS: Title I: Retirement Savings Incentives Subtitle A: Restoration of IRA Deduction Subtitle B: Nondeductible Tax-Free IRAs Title II: Penalty-Free Distributions Title III: Aid to Families with Dependent Children Savings and Investment Incentive Act of 1995 - Title I: Retirement Savings Incentives - Subtitle A: Restoration of IRA Deduction - Amends the Internal Revenue Code to restore the deduction for individual retirement plans (IRAs). Provides a phase-up of income limits (from 1995 through 1998) with respect to the limitation on the deductibility of contributions to IRAs by active participants in employer-maintained plans. Removes the spousal rule from such limitation. Terminates income limits after December 31, 1998. Provides an inflation adjustment for deductible amounts after 1995. Allows certain spouses a full deduction for contributions to an IRA. Makes certain coins and bullion ineligible as collectible investments for purposes of distributions from an IRA. Coordinates the limit on such deduction with the elective deferral limit under other pension provisions. Subtitle B: Nondeductible Tax-Free IRAs - Allows individuals to establish individual retirement plus (IRA plus) accounts with tax treatment similar to that for individual retirement plans. Makes contributions to such accounts nondeductible. Excludes distributions from such accounts from the gross income of the distributee, if the assets remain in such accounts for at least five years. Allows qualified transfers to be made to such accounts. Establishes penalties for early withdrawals and excess contributions. Title II: Penalty-Free Distributions - Allows distributions from certain retirement plans without penalty to purchase first homes, pay higher education expenses and financially devastating medical expenses, and assist certain unemployed individuals. Title III: Aid to Families with Dependent Children - Amends part A (Aid to Families with Dependent Children) (AFDC) of title IV of the Social Security Act to exclude from AFDC eligibility determinations certain income and resources that are to be used for education, training, and employability purposes. Requires the Secretary of Health and Human Services to report to specified congressional committees on the use of qualified asset accounts. Requires the Secretary to report to the Congress on a revision of the AFDC limit on automobiles in order to increase the employability of AFDC recipients.
United States · United States Congress · 4 January 1995
Constitutional Amendment - Requires a balanced Federal budget, unless a three-fifths roll call vote of both Houses of Congress provides for a specific excess of outlays over receipts. Prohibits an increase in the public debt limit except by a three-fifths roll call vote by both Houses of Congress. Requires the President to submit a balanced budget to the Congress. Prohibits any bill increasing revenue from becoming law unless approved by a majority roll call vote of both Houses.
United States · United States Congress · 7 October 1994
Expresses the sense of the Senate in support of the Schindler Project's efforts to provide high school seniors with the opportunity to view the film "Schindler's List" and discuss its historical implications and the application of those lessons to contemporary society.
United States · United States Congress · 6 October 1994
Base Closure Community Redevelopment and Homeless Assistance Act of 1994 - Amends the Defense Base Closure and Realignment Act of 1990 to direct the Secretary of Defense (Secretary), with respect to the use or transferability of any portion of a military installation closed or to be closed under such Act, to: (1) identify the buildings and property for which the Department of Defense (DOD) or another Federal department or agency has a use or will accept a transfer; (2) identify any property as surplus; (3) submit to the Secretary of Housing and Urban Development (HUD) and to the redevelopment authority for such installation information on any property identified as surplus; and (4) publish in the Federal Register and the appropriate local newspaper information on the surplus property. Requires State and local governments, representatives of the homeless, and other parties interested in the surplus property to submit to the redevelopment authority (RA) a notice of interest in such property, with certain time limits. Requires the representative of the homeless to submit with such notice specific information with respect to the proposed homeless assistance program for such property, as well as certain assessments and descriptions. Directs the RA for each installation to prepare a redevelopment plan for such installation which includes legally binding agreements concerning the use of such property to assist the homeless. Requires redevelopment plan approval by the HUD Secretary. Expresses the sense of the Congress that the HUD Secretary, in completing a review of a plan, should take into consideration and be receptive to the predominant views on the plan of the communities in the vicinity of the installation covered by the plan. Requires an RA, upon completion of a redevelopment plan, to submit to the Secretary and the HUD Secretary an application containing such plan. Requires the Secretaries to complete a review of the plan within 60 days after receipt, including a determination as to whether such plan meets certain requirements with respect to the homeless population in the area, the availability of existing services to meet the needs of the homeless, and the suitability of the surplus property to meet such needs. Allows for the negotiation of plan deficiencies between the RA and the HUD Secretary during such review . Requires appropriate action by the parties concerned if the HUD Secretary determines a redevelopment plan to be inappropriate, including plan revision and resubmission by the RA. Provides for transfer to the representative of the homeless or the RA of surplus property for disposal, without consideration, under an approved redevelopment plan. Authorizes either Secretary to postpone any deadline related to plan consideration and approval in the interest of the communities affected. Provides transition provisions applicable to installations approved for closure before the enactment of this Act.
United States · United States Congress · 6 October 1994
Commemorative Coin Moratorium Act of 1994 - Expresses the sense of the Congress that: (1) specified congressional committees should not report or clear for consideration any legislation during the 104th Congress that provides for any commemorative coin programs; (2) legislation providing for commemorative coin programs should only be considered by specified congressional committees after taking into account the recommendations of the Citizens Commemorative Coin Advisory Committee; and (3) the U.S. should recognize the 50th anniversary of the signing of the World War II peace accords on the U.S.S. Missouri by minting and issuing a commemorative coin. Directs the Secretary of the Treasury to issue one-dollar silver coins: (1) emblematic of the signing of the World War II peace accords on September 2, 1945; (2) bearing the likeness of Franklin Delano Roosevelt; and (3) emblematic of the national shrines of liberty showing the Liberty Bell on one side and Independence Hall on the other. Directs the Secretary to issue five-dollar gold coins and one-dollar silver coins emblematic of the National Law Enforcement Officers Memorial. Establishes the National Law Enforcement Officers Memorial Maintenance Fund.
United States · United States Congress · 6 October 1994
Revises rule XXXV of the Standing Rules of the Senate to prohibit any Member, officer, or employee of the Senate (Member) from accepting a gift, knowing that such gift is provided by a lobbyist, a registered lobbyist under the Federal Regulation of Lobbying Act, a lobbying firm, or an agent of a foreign principal. Sets forth provisions regarding what: (1) constitutes a prohibited gift (including anything provided by a lobbyist which is paid for, charged to, or reimbursed by a client or firm of such lobbyist, certain charitable contributions or other payments by a lobbyist relating to a retreat sponsored by or affiliated with an official congressional organization); and (2) does not constitute a gift (including anything for which the recipient pays the market value, anything the recipient does not use and promptly returns to the donor, food or refreshments of nominal value offered other than as part of a meal, and pension and other benefits resulting from continued participation in an employee welfare and benefits plan maintained by a former employer). Sets forth provisions regarding gifts given for a nonbusiness purpose, motivated by family relationship or close personal friendship (generally permitted). Prohibits any Member from knowingly accepting a gift from any other person except as provided in this rule. Lists circumstances where such restrictions shall not apply. Considers a gift to the spouse or dependent of a Member to be a gift to such Member if given with the knowledge and acquiescence of, and with reason to believe the gift was given because of official position as, a Member. Permits Members to accept: (1) offers of free attendance at a widely attended convention, symposium, reception, or similar event, subject to specified requirements; and (2) a sponsor's unsolicited offer of free attendance at a charity event, except for reimbursement for transportation and lodging in connection with the event. Directs the Select Committee on Ethics to provide guidance setting forth reasonable steps that may be taken by Members, with a minimum of paperwork and time, to prevent the acceptance of prohibited gifts from lobbyists.
United States · United States Congress · 4 October 1994
Sheep Promotion, Research, and Information Act of 1994 - Directs the Secretary of Agriculture to issue a sheep and wool promotion, research, education, and information order. Includes in such order: (1) establishment of a National Sheep Promotion, Research, and Information Board; and (2) assessment of fees. Provides for approval referenda among producers, feeders, and importers. Authorizes appropriations.
United States · United States Congress · 30 September 1994
Ryan White CARE Reauthorization Act of 1994 - Amends the Ryan White Comprehensive AIDS Resources Emergency Act of 1990 (title XXVI of the Public Health Service Act) to limit the grant program for emergency relief for areas with substantial need for services to eligible areas with a population of at least 500,000 individuals. Requires an HIV health services planning council (which advises on the distribution of such grants) to be reflective of the demographics of the human immunodeficiency virus (HIV) epidemic in an eligible area, with particular consideration given to disproportionately affected and historically underserved groups. Revises the method of distributing such grants and extends authorized appropriations for them until FY 2000. Revises the care grant program that makes funds available for individuals and families with the HIV disease. Authorizes the award of supplemental grants to eligible entities to enhance community-based care, treatment, and supportive services through the development and operation of consortia and innovative approaches. Extends authorized appropriations for such grant program through FY 2000. Requires the establishment of grievance procedures to address allegations of egregious violations of title XXVI of the Public Health Service Act. Directs the Secretary of Health and Human Services to coordinate the planning and implementation of Federal HIV programs to facilitate the development of a complete continuum of HIV-related services for individuals with HIV disease and those at risk of such disease. Extends authorized appropriations for early intervention services until FY 2000. Extends authorized appropriations until FY 2000 for grants for coordinated services and access to research for children, youth, women, and families (formerly known as demonstration grants for research and services for pediatric patients regarding acquired immune deficiency syndrome). Makes appropriations available for special projects of national significance program to award direct grants to public and nonprofit private entities to fund special programs for the care and treatment of individuals with HIV disease.
United States · United States Congress · 30 September 1994
Minority Small Business Preservation Act of 1994 - Amends the Small Business Act to suspend the termination of participation by certain small and minority businesses in the small business and capital ownership development program until the later of: (1) the current date of termination (nine years after commencement of participation); or (2) one year after the date on which final regulations are issued establishing appropriate terms for participation in the program by industry sector.
United States · United States Congress · 29 September 1994
TABLE OF CONTENTS: Title I: Amendments to the Minority Small Business and Capital Ownership Development Title II: Contracting Program for Certain Small Business Concerns Title III: Expanding Subcontracting Opportunities Title IV: Repeals and Technical Amendments Title V: Definitions Title VI: Regulatory Implementation and Effective Dates Business Development Opportunity Act of 1994 - Title I: Amendments to the Minority Small Business and Capital Ownership Development Program - Part A: Program Organization and Participation Standards - Amends the Small Business Act to replace certain provisions regarding the minority small business and capital ownership development program with those establishing a Minority Enterprise Development Program. (Sec. 101) Requires the Program to consist of a Business Creation Phase, a Business Development Phase, and a Business Development (Preferential Contracting) Phase. Provides that only firms participating in the last phase shall be eligible for awards of Federal contracts and refers to such firms as Program participants. Permits firms to participate in the preferential contracting phase for up to nine years. (Sec. 103) Expands the definition of "socially and economically disadvantaged business concern" to include all Indian tribes and Native Hawaiian organizations for purposes of such Program. (Currently, such definition only includes economically disadvantaged Indian tribes and Native Hawaiian organizations.) (Sec. 104) Prohibits an applicant from being denied admission into the Program based solely on a determination that the participant has not been in operation for a period of time specified by the Small Business Administration (SBA) if the firm meets specified requirements, including demonstrations of business management and technical expertise, adequate capital, and ability to meet contract requirements. (Sec. 106) Directs the SBA Administrator to develop an action plan for improving participation in the Program by firms across the nation. Part B: Business Development Assistance - Removes conditions on the use of working capital provided under loan assistance programs for Program participants. (Sec. 113) Revises conditions regarding exemptions from surety bond requirements for Program participants. Authorizes Federal agencies with contracting authority to grant such an exemption if: (1) the Program participant provides certification that the firm was unable to obtain the requisite bonding from corporate surety bonding firms even with an SBA-issued guarantee; (2) the participant has provided for the protection of persons furnishing materials or labor under the contract pursuant to specified conditions; and (3) the award value of the contract for which the exemption is sought does not exceed $1 million (currently, $3 million). Terminates such authority after FY 1997. (Sec. 115) Authorizes financial assistance for business executive education programs conducted by institutions of graduate business education for owners or managers of small business concerns owned by socially and economically disadvantaged individuals. (Sec. 116) Establishes a Developmental Teaming Program within the Program to encourage the formation of teaming arrangements and long-term strategic business alliances between firms participating in the Program and Program graduates. Part C: Improving Access to Equity for Program Graduates - Provides that Program participants shall remain eligible for participating in the Program after a transfer of an ownership interest in the firm if ownership and control is: (1) retained by the socially and economically disadvantaged individuals upon whom Program eligibility is based; or (2) acquired by a small business owned and controlled by such individuals who have graduated from the Program or exited the Program through a means other than a termination proceeding. Permits Program participants that are tribally owned corporations to remain eligible for participation with other than a Native American as the firm's chief executive officer if the tribe certifies that it was unable to hire a qualified Native American after conducting national recruitment. Part D: Contract Award and Eligibility Matters - Removes existing provisions regarding contracts and subcontracts to disadvantaged small businesses. (Sec. 131) Directs the SBA to ensure that contracts sufficient to satisfy the contract support levels identified by Program participants are designated by Federal agencies for award. Requires the award of contracts to be made on a noncompetitive basis and at fair market prices. (Sec. 132) Revises contract eligibility provisions with respect to Program participants. (Sec. 133) Authorizes the Associate Administrator for Minority Enterprise Development to permit the noncompetitive award of contracts to Program participants to exceed certain amounts subject to certain conditions. (Sec. 135) Provides that the forecasts of overall business activity contained in the business plans of Program participants or estimates contained in contract support levels shall not be used by the SBA to determined that a firm is ineligible for a contract. (Sec. 137) Requires the SBA to promulgate regulations to eliminate regulatory limitations on self-marketing by Program participants. Part E: Tribally Owned Corporations - Authorizes contracts to be awarded to joint ventures owned and controlled by Program participants, notwithstanding the size status of such a joint venture, if the participant: (1) is owned and controlled by an Indian tribe; (2) owns at least 51 percent of the joint venture; (3) is located and performs most of its activities on the Indian reservation; and (4) employs members of such tribe for at least 50 percent of the work force of the joint venture. Prohibits such contracts if the tribe owns and controls one or more participants who are currently joint venturers on more than five of such contracts. Part F: Contract Administration Matters - Directs Federal agencies awarding contracts to disadvantaged small businesses to make reasonable efforts to respond to requests by contracting officers with respect to contract administration matters. Requires such agency, upon the request of a Program participant, to make alternative dispute resolution available. Part G: Program Administration - Requires Program participants to report specified information annually (currently, semiannually) to a Business Opportunity Specialist. Title II: Contracting Program for Certain Small Business Concerns - Part A: Civilian Agencies Program - Authorizes executive agencies, for purposes of attaining goals for the participating of disadvantaged small businesses, to enter into contracts using: (1) less than full and open competition by restricting competition for awards to such businesses; and (2) a price evaluation preference, of up to ten percent, when evaluating an offer received from a small business as the result of an unrestricted solicitation. (Sec. 202) Requires the Federal Acquisition Regulation (FAR) to be amended to provide uniform implementation of such procedures by such agencies. Includes within the FAR: (1) conditions for the use of advance payments; (2) provisions for accelerated payment for contract work and full payment for work performed; (3) guidance on how contracting officers may provide a reasonable advantage to disadvantaged small businesses without eliminating any participation of other small businesses; (4) procedures for a person to request a Federal agency to determine whether the use of competitions restricted to disadvantaged small businesses at a contracting activity has caused a particular industry category to bear a disproportionate share of the contracts awarded to attain the goal established for such activity; and (5) guidance for limiting the use of restricted competitions in cases where such an industry is caused to bear a disproportionate share of the contracts. Part B: Eligibility Determinations Regarding Status - Authorizes protests to be brought regarding a self-certification by a business regarding its status as a disadvantaged small business in cases where such certification is believed to be false. (Sec. 211) Requires the Office of Hearings and Appeals to hear appeals regarding such status. Imposes penalties against firms engaged in a pattern of misrepresentation. Title III: Expanding Subcontracting Opportunities - Sets forth provisions regarding subcontracting by small and disadvantaged small businesses. (Sec. 302) Requires disadvantaged small businesses to negotiate a subcontracting plan for the use of emerging disadvantaged small businesses under certain circumstances. (Sec. 304) Authorizes the publication of notices of subcontracting opportunities in the Commerce Business Daily. Title IV: Repeals and Technical Amendments - Part A: Repeals - Repeals specified expired and superseded provisions of the Small Business Act and the Business Opportunity Development Reform Act of 1988. Part B: Technical Amendments - Revises goals for the percentage of procurement contracts to be awarded to small and disadvantaged small businesses. Title V: Definitions - Revises specified definitions and defines "emerging small business concern." Title VI: Regulatory Implementation and Effective Dates - Part A: Assuring Timely Regulatory Implementation - Sets forth deadlines for the issuance of specified amendments to the FAR or SBA regulations. Part B: Effective Dates - Provides that this Act shall take effect upon enactment, except with respect to provisions requiring the issuance of regulations.
United States · United States Congress · 26 September 1994
Amends the Omnibus Budget Reconciliation Act of 1990 to extend from three years to five years the period during which Medicare select policies may be issued.
United States · United States Congress · 22 September 1994
Farm, Ranch, and Homestead Protection Act of 1994 - Amends the Endangered Species Act of 1973 to prohibit, until its reauthorization, the Secretary of the Interior from: (1) determining a species as an endangered or threatened species; or (2) designating a species habitat as a critical habitat. Requires the Secretary to compensate, upon request, persons and entities for the loss in market value of land that has been designated a critical habitat. Limits the current requirement that Federal agencies insure that any action (regardless of its expense) they authorize, fund, or carry out is not likely to jeopardize the continued existence of an endangered or threatened species, or result in the destruction or adverse modification of habitat of such species determined to be critical, without an express exemption. Restricts such requirement to agency actions that result in expenditures of $500,000 or more.
United States · United States Congress · 19 September 1994
Expresses the sense of the Senate that the National Air and Space Museum's Enola Gay exhibit should reflect appropriate sensitivity toward the men and women who served in the armed forces during World War II.
United States · United States Congress · 13 September 1994
Crime Control Improvement Act of 1994 - Amends the Violent Crime Control and Law Enforcement Act of 1994 (the Act) to eliminate the Model Intensive Grant Program, the Local Partnership Grant Program, the Local Crime Prevention Block Grant Program, the Family and Community Endeavor Schools Program, the Community-Based Justice Grant Program, the Urban Recreation Program, the At-Risk Youth Program, the Police Recruitment Program, the National Community Economic Partnership Program, the Community Schools Program, the Ounce of Prevention Program, the Gang Resistance Education and Training Program, the Drug Courts Program, and the Family Unity Demonstration Project. Revises the Act to authorize the Attorney General to make grants to construct, expand, modify, operate, or improve conventional prisons (currently, correctional facilities). Repeals provisions regarding the transfer of unused funds. Increases Federal mandatory minimum sentences for using or carrying a firearm during and in relation to a crime of violence or drug trafficking crime, employing minors in drug trafficking, and selling illegal drugs to minors. Bars the court from placing on probation or suspending the sentence of any person convicted of such offenses. Amends the Immigration and Nationality Act to expand the definition of "aggravated felony." Authorizes the Attorney General to issue a final order of deportation against any alien who was not lawfully admitted for permanent residence, or who had permanent resident status on a conditional basis, whom the Attorney General determines to be deportable under provisions relating to conviction of an aggravated felony. Limits judicial review of such determinations. Provides for deportation of permanent resident aliens under specified circumstances. Grants a U.S. district court jurisdiction to enter a judicial order of deportation at the time of sentencing against an alien whose criminal conviction causes such alien to be deportable if requested prior to sentencing by the U.S. Attorney. Restricts defenses to deportation. Enhances penalties for failing to depart or reentering after a final order of deportation. Limits collateral attacks on deportation orders. Directs the Attorney General to operate a criminal alien tracking center. Authorizes appropriations. Revises provisions of the Act pertaining to the non-application of mandatory minimum sentences in certain cases involving nonviolent drug offenses. Expresses the sense of the Congress that all grants authorized under the Act and not required to be distributed according to a formula prescribed by law shall be distributed in a fair and equitable manner that ensures that rural States receive a fair and proportional share of the funds.
United States · United States Congress · 24 August 1994
Commends the U.S. rice industry for its decision to establish an industry organization. Recognizes the success such decision will have in promoting the interests of the rice industry and the rice-consuming public.
![Official portrait of Sen. Hutchison, Kay Bailey [R-TX]](https://www.congress.gov/img/member/h001016_200.jpg)