United States · United States Congress · 5 April 1995
Edible Oil Regulatory Reform Act - Directs Federal agencies, in issuing or enforcing a regulation, an interpretation, or a guideline relating to a fat, oil, or grease under a Federal law, to: (1) differentiate between and establish separate categories for animal fats, vegetable oils, and other oils, including petroleum oil; and (2) apply different standards to different classes of fat and oil, considering differences in physical, chemical, biological, and other properties and in the effects on human health and the environment. Amends the Oil Pollution Act of 1990 to exempt tank vessels carrying animal fat or vegetable oil from liability limits and financial responsibility requirements for tank vessels under such Act.
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 · 24 March 1995
TABLE OF CONTENTS: Title I: Rechargeable Battery Recycling Act Title II: Mercury-Containing Battery Management Act Mercury-Containing and Rechargeable Battery Management Act - Directs the Administrator of the Environmental Protection Agency to establish a program to provide information on the proper handling and disposal of used regulated batteries and rechargeable consumer products with nonremovable batteries. Defines a "regulated battery" as a rechargeable battery that contains a cadmium or lead electrode or contains other electrode chemistries and is the subject of a specified determination by the Administrator. Establishes civil penalties for violations of this Act. Sets forth recordkeeping requirements and establishes access authorities for the Administrator. Authorizes appropriations. Title I: Rechargeable Battery Recycling Act - Rechargeable Battery Recycling Act - Prohibits any person from selling for use in the United States a regulated battery or a rechargeable consumer product ready for retail sale and manufactured on or after 12 months after this Act's enactment date unless: (1) the battery is easily removable from the product or is sold separately; and (2) the rechargeable consumer product and the battery are labeled in accordance with this Act. Sets forth labeling requirements, including that the label contain a statement that the battery must be recycled or disposed of properly. Authorizes the Administrator, upon determining that other rechargeable batteries having electrode chemistries different from regulated batteries are toxic and may cause substantial harm if discarded for land disposal or incineration, to promulgate requirements for: (1) labeling such batteries and related products; and (2) easy removability of regulated batteries from rechargeable consumer products designed to contain such batteries. Provides for exemptions from this Act's requirements under certain conditions. Title II: Mercury-Containing Battery Management Act - Mercury-Containing Battery Management Act - Prohibits the sale or offering for sale or promotional purposes of: (1) alkaline-manganese batteries manufactured on or after January 1, 1996, with a mercury content that was intentionally introduced (limits the content in alkaline-manganese button cells to 25 milligrams of mercury per button cell); (2) zinc carbon batteries manufactured on or after January 1, 1996, that contain mercury that was intentionally introduced; (3) button cell mercuric-oxide batteries for use in the United States on or after January 1, 1996; and (4) any mercuric-oxide battery on or after January 1, 1996, unless the manufacturer identifies a collection site that has all required Federal, State, and local government approvals, to which persons may send such batteries for recycling or disposal and informs its purchasers of such site and of a telephone number to get information about sending such batteries for recycling or disposal. Authorizes the Administrator, upon the petition of a person that proposes a new use for a battery technology or the use of a battery described in this title in a new product, to exempt such new use or product from this title if there exist safeguards to ensure that the battery or product will not be disposed of in an incinerator, composting facility, or landfill (other than a facility regulated under subtitle C of the Solid Waste Disposal Act).
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 · 21 March 1995
Voluntary Environmental Audit Protection Act - Provides that an environmental audit report constituting part of an environmental audit shall not be subject to discovery and admitted into evidence in civil or criminal actions or administrative proceedings before a Federal court or agency or under Federal law. Makes such exclusion inapplicable to information: (1) required to be collected or reported to a regulatory agency pursuant to specified Federal environmental laws (covered laws); (2) obtained by observation, sampling, or monitoring by a regulatory agency; or (3) obtained from a source independent of the audit. Makes such exclusion inapplicable if: (1) the owner or operator of the facility that initiated the audit expressly waives the right of the person or government entity that prepared the report to exclude such material from the evidence or proceeding; (2) after an in camera hearing, the appropriate Federal court determines that the environmental audit report provides evidence of noncompliance with a covered environmental law and efforts to achieve compliance were not pursued with diligence; or (3) the person or government entity is asserting the exclusion for a fraudulent purpose. Places the burden of proof regarding the applicability of the exclusion on the person invoking its protection. States that a person or entity that performs an audit may not be required to give testimony in a Federal court or an administrative proceeding of a Federal agency without his or her consent. Sets forth conditions under which disclosures of information relating to a covered Federal law to an appropriate Federal or State agency are considered voluntary. Considers such disclosures involuntary if the person or government entity making the disclosure has committed repeated violations of Federal or State laws relating to environmental quality due to separate events giving rise to the violations during the three-year period prior to disclosure. Presumes disclosures to be voluntary if the person or entity provides information supporting a claim that the information is a voluntary disclosure and makes such persons or entities immune from administrative, civil, or criminal penalties for violations unless such presumption is rebutted. Places the burden of rebuttal on Federal agencies.
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 · 9 March 1995
Occupational Safety and Health Amendments of 1995 - Amends the Occupational Safety and Health Act of 1970 to provide that employee safety and health participation committees are not prohibited under the National Labor Relations Act or the Railway Labor Act. (Sec. 3) Provides for risk assessment in standards making. Directs the Secretary of Labor to consider the number of workers exposed to the toxic material or harmful physical agent, the nature and severity of the potential impairment, and its likelihood, in determining the priority for establishing standards dealing with such materials or agents. Requires publication of risk assessments for final standards and certification that such standards justify their costs or publication of reasons why such certification cannot be made. (Sec. 4) Directs the Secretary to enter into cooperative agreements with States for the provision of consultation services by such States to employers concerning the provision of safe and healthful working conditions. (Sec. 5) Reduces penalties for nonserious violations. (Sec. 6) Provides for warnings in lieu of citations.
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 · 3 March 1995
Student Loan Evaluation and Stabilization Act of 1995 - Amends the Higher Education Act of 1965 with respect to student loan programs. (Sec. 3) Revises the Federal Direct Student Loan program to limit the proportion of loans made under such program: (1) for academic year 1994-1995, to five percent of the new student loan volume for such year; and (2) for academic year 1995-1996 and any succeeding fiscal year, to 40 percent of new student loan volume for such year, except that the Secretary of Education may not enter into agreements with any additional eligible institutions that have not applied and been accepted for participation in such program on or before December 31, 1994. Eliminates provisions for selecting additional institutions to participate in such pilot program. Makes available, for each fiscal year to the Secretary from funds not otherwise appropriated, funds for all direct and indirect expenses associated with such Federal Direct Student Loan program. Revises provisions for congressional oversight of program administration, by providing for funding triggers which allow administrative funds to be obligated only in such amounts and according to such schedule as specified in the appropriations Act for the Department of Education after submission by the Department of a detailed proposal for such expenditures. Directs the Secretary of Education to provide a detailed quarterly report of all such expenditures to specified congressional committee chairs. Requires such report to specifically identify all contracts entered into by the Department for services supporting the Federal Family Education Loan (FFEL) Program and the Federal Perkins Loan Program, as well as the current and projected costs of such contracts. Requires a guaranty agency to elect an administrative cost allowance payment rate on the basis of one of two specified formulas. Eliminates the transition to the Federal Direct Loan Program. (Sec. 4) Provides that direct loans have the same terms and conditions as FFEL (guaranteed) loans. (Sec. 5) Sets forth conditions under which: (1) Federal Perkins Loan borrowers can obtain FFEL consolidation loans; and (2) FFEL borrowers can obtain Federal direct consolidation loans. (Sec. 6) Allows income contingent repayment in the FFEL (guaranteed) loan program. (Sec. 7) Revises provisions relating to reserve fund programs. (Sec. 8) Sets institutional default rate limitations on direct lending. Conditions the Secretary's authority to make new direct loans on the issuance of certain final standards and procedures for calculation of institutional default rates and for termination proceedings. (Sec. 9) Permits development, production, distribution, or use of the common application form in an electronic format through software produced or distributed by guaranty agencies or eligible lenders, or consortia. Allows the applicant to certify the outcome of the application in a subsequent document. Prohibits charging a fee in connection with the use of such electronic form. Directs the Secretary to approve the use of such a form which is not inconsistent with certain HEA provisions, or to specifically identify the changes necessary to secure approval. (Sec. 10) Provides for applications for FFEL loans using the free Federal application form, which is already in use for other types of student aid. Allows such form to be in an electronic or any other format, subject to certain conditions, in order to facilitate use by borrowers and institutions. Provides for authorized guaranty agencies to receive such form. (Sec. 11) Amends the Congressional Budget Act to prescribe a formula for determining the cost of a direct loan on the basis of the net present value, at the time the direct loan is disbursed, of specified types of cash flows for the estimated life of the loan.
United States · United States Congress · 2 March 1995
Amends the Clean Air Act to add specified definitions relating to agriculture-related facilities (grain elevators, grain, feed, or rice mills, or grain processing facilities). Defines "potential to emit" as the potential of a facility to emit during a one-year period under maximum realistic operation. Directs the Administrator of the Environmental Protection Agency, in determining the maximum realistic operation of an agriculture-related facility, to consider: (1) the cyclical or seasonal nature of the facility; and (2) the maximum hours of operation of the facility that actually occurred during any of the preceding five years in the case of a facility in operation on the date of determination. Requires the Administrator to consider the effect of control equipment and techniques in lowering the potential to emit of an agriculture-related facility. Exempts a source from permitting requirements if the source is not a major source and is subject to emissions standards for new stationary sources or requirements for stationary sources of hazardous air pollutants.
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: Tax Incentives for Oil and Gas Production Subtitle A: Production Credit Subtitle B: Modifications to Percentage Depletion Subtitle C: Other Provisions Title II: Regulatory Reform Subtitle A: Oil Pollution Act Amendments Subtitle B: Oil and Gas Royalties Subtitle C: Private Property Rights Subtitle D: Risk Assessments Title III: Repeal of Limitations on Exports Domestic Oil and Gas Production and Preservation Act - Title I: Tax Incentives for Oil and Gas Production - Subtitle A: Production Credit - Amends the Internal Revenue Code to allow a business tax credit for producing crude oil and natural gas from new wells and marginal wells. Provides: (1) a formula for reducing such credit in years in which oil and gas prices increase; and (2) an inflation adjustment for such formula. Allows such credit against the regular and minimum tax. Subtitle B: Modifications to Percentage Depletion - Repeals the net income limitation on percentage depletion for oil and gas properties. (Sec. 112) Makes all marginal production of domestic crude oil or domestic natural gas eligible for percentage depletion. (Sec. 114) Revises the percentage depletion rate for such marginal production. Subtitle C: Other Provisions - Allows the election to treat geological and geophysical expenses incurred in connection with the exploration for, or development of, domestic oil or gas as expenses which are not chargeable to capital account. (Sec. 122) Makes the enhanced oil recovery credit applicable to secondary recovery methods. Allows such credit against the minimum tax. (Sec. 123) Allows the election of an optional five-year writeoff of intangible drilling costs for minimum tax purposes. Title II: Regulatory Reform - Subtitle A: Oil Pollution Act Amendments - Amends the Oil Pollution Act of 1990 to revise general financial responsibility requirements for offshore facilities. Requires responsible parties (except as provided in provisions regarding deepwater ports) to maintain financial responsibility as described by this Act with respect to offshore facilities seaward of the U.S. coastline that are used for drilling for, producing, or processing oil or that have the capacity to transport, store, transfer, or handle more than 1,000 barrels of oil at any one time. Requires the financial responsibility of an offshore facility to be $35 million, unless the President determines that a greater amount (not to exceed $150 million) is necessary based on an assessment of the risk posed by such facility. Subtitle B: Oil and Gas Royalties - Establishes a six-year statute of limitations on actions commenced by the United States for recovery of royalties due under an oil and gas lease on Federal lands unless a lessee has made a false or fraudulent statement with the intent to evade the royalties due. Subtitle C: Private Property Rights - Private Property Owners Bill of Rights - Provides for the protection of private property rights. (Sec. 235) Prohibits an agency head from entering privately owned property to collect information regarding it without the owner's written consent and specified notices. (Sec. 236) Sets forth conditions under which an agency head may use the data collected from privately owned property to implement or enforce any applicable provisions of law. (Sec. 237) Amends the Federal Water Pollution Control Act to grant a right to an administrative appeal of wetlands decisions. (Sec. 238) Amends the Endangered Species Act of 1973 to grant owners or their authorized representatives a right to an administrative appeal with regard to certain actions under that Act. (Sec. 239) Provides compensation for the taking of private property. (Sec. 240) Amends the Endangered Species Act of 1973 to provide for private property owner participation in cooperative agreements. Subtitle D: Risk Assessments - Requires each agency head to prepare a risk assessment, according to specified principles distinguishing scientific findings and best estimates of risk from other considerations, for each major rule relating to human health, safety, and natural resources. Requires the President, within one year after enactment of this Act, to issue a final regulation implementing such risk assessment and characterization principles. Provides for petitions for review of major rule risk assessments. Sets forth agency head decisional criteria and regulatory priorities. Directs the President to develop a systematic program for peer review of work products. Title III: Repeal of Limitations on Exports - Amends the Export Administration Act of 1979, the Mineral Lands Leasing Act, the Energy Policy and Conservation Act, and the Outer Continental Shelf Lands Act to repeal limitations on the export of domestically produced crude oil. (Sec. 301) Declares that the President may not prohibit or curtail the export of domestically produced crude oil other than crude oil produced from the naval petroleum reserves.
United States · United States Congress · 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 · 16 February 1995
Regulatory Reform Commissions Act of 1995 - Requires the Director of the Office of Management and Budget to establish three commissions to review and report on the regulations issued by the Environmental Protection Agency, the Department of Labor, and the Department of the Interior. Includes among review standards determinations as to: (1) whether the regulations are within the scope of authority of the underlying statutes, in accordance with original congressional intent, and subject to judicial review; and (2) economic costs and benefits.
United States · United States Congress · 10 February 1995
States that it shall be the policy of the United States to: (1) deploy at the earliest practical date an antiballistic missile system (ABM system) capable of providing a highly effective defense against ballistic missile attacks; and (2) provide highly effective theater missile defenses (TMDs) to forward-deployed and expeditionary elements of U.S. armed forces, as well as friendly and allied forces. Directs the Secretary of Defense to develop for deployment at the earliest practicable date: (1) a cost- and operationally-effective ABM system; and (2) advanced TMDs. Requires a plan with respect to the deployment of such systems to be submitted to specified congressional committees within 60 days after the enactment of this Act.
United States · United States Congress · 10 February 1995
Amends the Internal Revenue Code to exclude from gross income any qualified education savings account. Describes such account as a trust created pursuant to a State educational savings plan and used exclusively to pay the higher education expenses of the designated beneficiary. Declares such accounts to be exempt from tax. Treats such State plans as tax-exempt organizations and treats contributions to such plans as charitable contributions. Declares that contributions to such accounts are not subject to the gift tax. Imposes penalty taxes in connection with reporting requirements or prohibited transactions associated with an account. Excludes distributions from such accounts when determining support for dependents.
United States · United States Congress · 9 February 1995
TABLE OF CONTENTS: Title I: Strengthening International Sanctions Against the Castro Government Title II: Support for a Free and Independent Cuba Title III: Protection of American Property Rights Abroad Cuban Liberty and Democratic Solidarity (LIBERTAD) Act of 1995 - Title I: Strengthening International Sanctions Against the Castro Government - Expresses the sense of the Congress that: (1) the President should instruct the U.S. Permanent Representative to the United Nations to seek within the Security Council a mandatory international embargo against the Cuban Government; and (2) efforts by any independent state of the former Soviet Union to make the nuclear facility at Cienfuegos operational will have a detrimental impact on U.S. assistance to such state. (Sec. 102) Reaffirms a provision of the Cuban Democracy Act of 1992 which states that the President should encourage foreign countries to restrict trade and credit relations with Cuba. Urges the President to take steps to apply sanctions described by such Act against countries assisting Cuba. Directs the President to instruct the Secretary of the Treasury and the Attorney General to enforce the Cuban Assets Control Regulations. (Sec. 103) Makes it unlawful for any U.S. person to extend knowingly any loan or other financing to a foreign person that traffics in property confiscated by the Cuban Government the claim to which is owned by a U.S. person. Terminates such prohibition upon termination of the economic embargo of Cuba. (Sec. 104) Directs the Secretary to instruct the U.S. executive directors of the international financial institutions to vote against the admission of Cuba as a member of such institutions until Cuba holds free and fair democratic elections. Requires the President to support Cuba's membership in such institutions during the period that a transition government is in power, subject to the membership taking effect after a democratically-elected government is in power. Reduces U.S. payments to institutions that approve assistance to Cuba over the opposition of the United States. (Sec. 105) States that the President should instruct the U.S. Permanent Representative to the Organization of American States to vote against the readmission of Cuba to membership until a democratically-elected government is in power. (Sec. 106) Directs the President to report to the appropriate congressional committees on progress towards the withdrawal of personnel of any independent state of the former Soviet Union from the Cienfuegos nuclear facility. Amends the Foreign Assistance Act of 1961 to make ineligible for assistance any independent state that is providing assistance for, or engaging in nonmarket based trade with, Cuba. Withholds from assistance allocated for an independent state an amount equal to the assistance and credits provided by such state in support of military and intelligence facilities in Cuba. (Sec. 107) Requires the Director of the U.S. Information Agency to implement a conversion of television broadcasting to Cuba under the Television Marti Service to ultra high frequency broadcasting. (Sec. 108) Directs the President to report annually to the appropriate congressional committees on other countries' commerce with, and assistance to, Cuba. (Sec. 109) Prohibits the importation into U.S. customs territory of any sugars, syrups, and molasses that are the product of a country that has imported Cuban sugar, syrups, or molasses. Makes such prohibition inapplicable if such country certifies to the President that it will not import Cuban sugar, syrups, or molasses until free and fair elections are held in Cuba. Authorizes the President to reallocate to other countries the quota of sugars, syrups, and molasses allocated to such a country during the period in which a prohibition is in effect. Title II: Support for a Free and Independent Cuba - Authorizes the President to provide assistance for the Cuban people after a transition or a democratically-elected government is in power. Limits assistance to a transition government to humanitarian assistance. Expands assistance to a democratically-elected government to include assistance to promote free market development, private enterprise, and a mutually beneficial trade relationship between the United States and Cuba. (Sec. 202) Directs the President to determine whether to designate Cuba as a beneficiary country pursuant to the Caribbean Basin Economic Recovery Act. Permits such designation to be made only after a democratically-elected government is in power. Amends such Act to make Cuba eligible for such designation. Declares that the President, upon transmittal to the Congress of a determination that a democratically-elected government is in power in Cuba, should take steps to extend nondiscriminatory trade treatment (most-favored-nation status) to Cuban products and to encourage investment in Cuba. (Sec. 204) Terminates the U.S. trade embargo against Cuba upon the President's transmittal to the Congress of a determination that a democratically-elected government is in power in Cuba. (Sec. 205) Sets forth conditions under which a government in Cuba will be considered transitional or democratic. Title III: Protection of American Property Rights Abroad - Amends the Immigration and Nationality Act to exclude from the United States aliens involved in the confiscation of property owned by U.S. persons. (Sec. 302) Sets forth provisions regarding liability for damages owed to U.S. persons by persons or governments trafficking in confiscated property. Grants U.S. district courts exclusive jurisdiction over such actions. (Sec. 303) Amends the International Claims Settlement Act of 1949 to authorize a U.S. national to bring a claim resulting from expropriation actions of the Cuban Government to the Foreign Claims Settlement Commission for certification of the amount and validity whether or not the U.S. national qualified as a U.S. national at the time of the action. Requires claimants to be U.S. nationals at the time of confiscation in the case of property confiscated after the date of the enactment of the LIBERTAD Act of 1995. Repeals a time limitation on completion of the Commission's settlement of claims against China and Cuba.
United States · United States Congress · 8 February 1995
Prohibits the Administrator of the Environmental Protection Agency, during the two-year period beginning on this Act's enactment date, from taking an enforcement action (including the withholding of certain grants, the promulgation of a Federal implementation plan, or the imposition of specified sanctions) with respect to areas classified as Marginal or Moderate ozone nonattainment areas under the Clean Air Act. Prohibits, during such period, specified adverse actions against States by the Administrator or the Administrator of the Federal Highway Administration with respect to failures of enhanced vehicle inspection and maintenance programs in Serious ozone nonattainment areas.
United States · United States Congress · 6 February 1995
Amends the Internal Revenue Code to provide an exemption from the excise tax for transportation by an aircraft for an emergency medical condition or for an appropriate transfer to a medical facility. (Current tax law refers to air transportation by helicopter.)
United States · United States Congress · 3 February 1995
Language of Government Act of 1995 - Declares English to be the official language of the U.S. Government. States that the Government has an affirmative obligation to preserve and enhance the role of English as the official language. Requires the Government to conduct its official business in English. Prohibits anyone from being denied Government services because he or she communicates in English.
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
Law Enforcement Officers' Bill of Rights Act of 1995 - Amends the Omnibus Crime Control and Safe Streets Act of 1968 to provide that, except when on duty or acting in an official capacity, no law enforcement officer (officer) shall be prohibited from engaging in political activity or be denied the right to refrain from engaging in such activity. Sets forth minimum standards that apply when an officer is under investigation that could lead to disciplinary action, including, with respect to: (1) rights of officers while under investigation, the right to be notified of the investigation prior to being interviewed and, at the conclusion of the investigation, to be informed in writing of the investigative findings and any recommendation for disciplinary action; (2) rights of officers prior to and during questioning, that the questioning be conducted at a reasonable hour at the offices of the persons conducting the investigation or at the place where the officer reports for duty (unless the officer consents in writing to being questioned elsewhere), that the officer be informed of the questioner's identity, that all questions be asked by or through a single investigator, that the officer be informed in writing of the nature of the investigation prior to any questioning, that the questioning be for a reasonable time period, that no threats or promises be made in connection with an investigation to induce the answering of any question, that all questioning be recorded in full (and a copy of the transcript made available to the officer), and that the officer be entitled to counsel (or another person of the officer's choice) at any questioning (unless the officer consents in writing to being questioned outside the presence of counsel); and (3) the conduct of a disciplinary hearing, notice of opportunity for a hearing, requirement of determination of a violation, time limits, notice of filing of charges, representation, provision of a hearing board and procedure, access to evidence, identification of witnesses, a copy of the investigative file, examination of physical evidence, summonses, closed hearings, recordation, sequestration of witnesses, testimony under oath, verdicts on each charge, the burden of persuasion, findings of not guilty or guilty, and appeals. Allows an officer to waive any of the rights guaranteed by this Act subsequent to the time that the officer has been notified that he or she is under investigation. Specifies that such a waiver shall be in writing and signed by the officer. Sets forth provisions regarding: (1) summary punishment and emergency suspension; (2) retaliation for exercising rights; (3) other remedies; (4) declaratory or injunctive relief; (5) prohibition of adverse material in the officer's file (unless the officer has an opportunity to review and comment in writing on such material); (6) disclosure of personal assets; (7) States' rights; and (8) mutually agreed upon collective bargaining agreements.
United States · United States Congress · 1 February 1995
Amends the Clean Air Act to authorize a State in which all or part of a Severe ozone nonattainment area is located to submit a plan revision requiring employers in such area to implement programs to reduce work-related vehicle trips and miles by employees. (Current law requires such States to submit such revision within two years of the enactment of the Clean Air Act Amendments of 1990.) Authorizes such revision to require employers in such areas to increase average passenger occupancy per vehicle in commuting trips between home and workplace during peak travel periods. (Current law requires specified increases in average passenger occupancy.) Authorizes (current law requires) the revision to require employers subject to a vehicle occupancy requirement to submit a compliance plan.
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.
United States · United States Congress · 31 January 1995
Biomaterials Access Assurance Act of 1995 - Provides that, in any civil action, a biomaterials supplier (one who supplies components or raw materials used to manufacture implants) may raise any defense provided under this Act. Exempts a biomaterials supplier (supplier) from liability for harm to a claimant caused by an implant, with exceptions in the case of a supplier who: (1) is a registered manufacturer of the implant; (2) is a seller of the implant and who held title to the implant at the time of sale; or (3) furnishes raw materials or components that fail to meet applicable contractual requirements or specifications. Provides grounds for liability with respect to each exception. Outlines procedural guidelines for the dismissal of civil actions against suppliers, including the submission of appropriate affidavits in support of, or in defense to, a claim. States that a supplier may be considered a manufacturer of an implant, for purposes of such civil actions, only if the supplier has registered with the Secretary of Health and Human Services and included the implant on a list of devices filed pursuant to the Federal Food, Drug, and Cosmetic Act. Requires claimant payment of attorney's fees if the court finds the claim to be without merit and frivolous.
United States · United States Congress · 26 January 1995
Declares that for the purpose of any constitutional amendment requiring a balanced budget, the appropriate committees of the House and the Senate shall report to their respective Houses implementing legislation to achieve a balanced budget without increasing the receipts or reducing the disbursements of the Federal Old-Age and Survivors Insurance Trust Fund and the Federal Disability Insurance Trust Fund to achieve that goal.
United States · United States Congress · 26 January 1995
Amends provisions of the Uruguay Round Agreements Act that revise Federal patent law to provide that a patent term shall be the later of 17 years from the date the patent is granted or 20 years from the date the application was filed in the United States. Provides that if the application contains a reference to an earlier application, the term shall be 20 years from the date the earliest application was filed. Removes provisions that provide for extensions of patent terms under certain conditions. Provides for public disclosure and inspection of original and continuing patent applications in cases where a continuing patent application is filed that claims the benefit of the filing date of a prior application that was filed more than 60 months earlier. Requires the term of a patent that is in force or results from an application filed within six months after the Uruguay Round Agreements Act enactment date to be the term provided in this Act.
United States · United States Congress · 25 January 1995
Comprehensive Iran Sanctions Act of 1995 - Imposes a trade embargo between the United States and Iran. Exempts transactions involving the furnishing, for humanitarian purposes, of food, clothing, medicine, or medical supplies. Sets forth penalties for violations of this Act. Requires the Secretary of the Treasury to instruct the U.S. executive director of specified international financial institutions to oppose any extension of credit or financial assistance to Iran. Expresses the sense of the Congress that the U.S. Permanent Representative to the United Nations should oppose the provision of U.N. assistance to such country. Sets forth requirements for the waiver of such embargo or denial of assistance. Requires the President to report to appropriate congressional committees on Iran's nuclear and other military capabilities and on its support for acts of international terrorism.
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 · 23 January 1995
TABLE OF CONTENTS: Title I: Taxpayer Advocate Title II: Modifications to Installment Agreement Provisions Title III: Interest Title IV: Joint Returns Title V: Collection Activities Title VI: Information Returns Title VII: Modifications to Penalty for Failure to Collect and Pay Over Tax Title VIII: Awarding of Costs and Certain Fees Title IX: Other Provisions Title X: Form Modifications; Studies Subtitle A: Form Modifications Subtitle B: Studies Taxpayer Bill of Rights 2 - Title I: Taxpayer Advocate - Amends the Internal Revenue Code to establish in the Internal Revenue Service (IRS) the Office of Taxpayer Advocate, headed by the Taxpayer Advocate, to: (1) assist taxpayers in resolving problems with the IRS; (2) identify areas in which taxpayers have problems in dealings with the IRS; (3) propose changes in the administrative practices of the IRS to mitigate such problems; and (4) identify potential legislative changes which may be appropriate to mitigate such problems. Requires the Commissioner of Internal Revenue to establish procedures requiring a formal response to all recommendations submitted to the Commissioner by the Taxpayer Advocate. Replaces the Office of the Ombudsman with the Office of the Taxpayer Advocate. (Sec. 102) Revises the terms of a Taxpayer Assistance Order to: (1) allow the Order to require the Secretary of the Treasury to act within a specified time period; and (2) require the Secretary to take certain actions (currently, only to cease or refrain from taking certain actions). Title II: Modifications to Installment Agreement Provisions - Grants certain taxpayers the right to an installment agreement for the payment of tax liability less than $10,000. (Sec. 202) Suspends any penalties during the period the installment agreement is in effect. (Sec. 203) Requires prior notification to taxpayers under an installment agreement to pay tax liability before altering, modifying, or terminating such an agreement. (Sec. 204) Provides for administrative review of denials of requests for, or termination of, installment agreements. Title III: Interest - Authorizes the abatement of interest in the case of an assessment due to the unreasonable error or delay of an IRS act. (Sec. 302) Extends from ten to 21 days the period for which interest will not be imposed after notice and demand for payment, if such payment is less than $100,000. Title IV: Joint Returns - Allows the disclosure of collection activities to an individual requesting such information in the case of a joint return where such individual is no longer married to or resides in the same household as the other joint filer. (Sec. 402) Removes limitations on filing a joint return after filing separate returns. Title V: Collection Activities - Authorizes the Secretary, in certain cases, to: (1) withdraw a notice of a lien; (2) return property that has been levied upon; and (3) offer compromises in civil or criminal cases. Requires the Secretary to provide a copy of such notice of withdrawal to the taxpayer and, at the request of the taxpayer, to make reasonable efforts to notify credit reporting agencies and financial institutions of such withdrawal notice. (Sec. 503) Requires prior notification to the taxpayer that the taxpayer is under examination and an explanation of the process, with exceptions. (Sec. 504) Increases the dollar limit on the recovery of civil damages for unauthorized collection actions. (Sec. 505) Revises provisions with respect to a designated summons concerning the standard of review and notice requirements for issuance. Title VI: Information Returns - Requires payee statements to provide the phone number of the person providing payment. (Sec. 602) Establishes civil damages for the fraudulent filing of information returns. (Sec. 603) Requires the Secretary, in any court proceeding where a taxpayer asserts a reasonable dispute with respect to income reported on an information return filed by a third party and the taxpayer has fully cooperated with the Secretary, to present reasonable and probative information concerning such deficiency in addition to such return. Title VII: Modifications to Penalty for Failure to Collect and Pay Over Tax - Establishes preliminary notice requirements for failure to pay tax. (Sec. 702) Directs the Secretary to: (1) disclose certain information where more than one person is liable for a penalty; and (2) ensure that IRS employees are aware of their responsibilities under the tax depository system, the circumstances under which they may be liable for penalties, and reporting responsibilities. (Sec. 703) Exempts unpaid, volunteer board members of tax-exempt organizations who do not have actual knowledge of the failure on which such penalties are imposed from collection penalties. Title VIII: Awarding of Costs and Certain Fees - Authorizes a taxpayer who substantially prevails on a claim to file a motion for an order requiring the disclosure of all information and copies of relevant records in the possession of the IRS regarding such taxpayer's case and the substantial justification for the position taken by the IRS. (Sec. 802) Increases the limit on attorney fees. (Sec. 803) Provides that any failure to agree to an extension of time for the assessment of any tax shall not be taken into account in determining whether a prevailing party has exhausted all administrative remedies. Title IX: Other Provisions - Revises provisions on the required content of tax due, deficiency, and other notices. (Sec. 902) Sets forth provisions regarding: (1) treatment of substitute returns under section 6651 (relating to failure to file a tax return or to pay tax); (2) prospective application of Treasury Department regulations; and (3) required notice to the taxpayer of payments that the Secretary cannot associate with any outstanding tax liability of such taxpayer. (Sec. 905) Authorizes a taxpayer to bring a civil damage suit against the United States if any U.S. officer or employee intentionally compromises the determination or collection of any tax due from an attorney, certified public accountant (CPA), or enrolled agent representing a taxpayer in exchange for information conveyed by the taxpayer for purposes of obtaining advice concerning tax liability, except where conveyed for the purpose of perpetrating a fraud or crime. Title X: Form Modifications; Studies - Subtitle A: Form Modifications - Directs the Secretary to: (1) take steps to ensure that taxpayers are aware of provisions of the Internal Revenue Code permitting payment of tax in installments, extensions, and compromises of tax liability; (2) provide improved procedures for taxpayers to notify the Secretary of changes in names and addresses; and (3) include in the IRS publication entitled "Your Rights As a Taxpayer" a section on the rights and responsibilities of divorced individuals. Subtitle B: Studies - Directs the Secretary to: (1) establish a one-year pilot program for appeals of enforcement actions to the Appeals Division of the IRS; (2) study ways to assist the elderly, physically impaired, foreign-language speaking, and other taxpayers with special needs to comply with the internal revenue laws; and (3) report to the tax-writing committees on the IRS's taxpayer-rights education program and on all cases involving complaints about misconduct of IRS employees. (Sec. 1015) Requires the Comptroller General to conduct: (1) a study on IRS efforts to notify taxpayers of tax deficiencies; and (2) annual studies of the accuracy of 25 of the most commonly used IRS forms, notices, and publications.
United States · United States Congress · 20 January 1995
Repeals specified prohibitions against political recommendations relating to Federal employment. Prohibits an individual concerned in examining an applicant for, or appointing an applicant in, the competitive service from receiving or considering a recommendation of the applicant by a Senator or Representative, except as to the applicant's character or residence. Prohibits any employee who has authority over any personnel action from soliciting or considering any recommendation with respect to any individual who is subject to such action unless such recommendation is based on the personal knowledge or records of the person furnishing it and consists of: (1) an evaluation of the work performance, ability, aptitude, or general qualifications of such individual; or (2) an evaluation of the character, loyalty, or suitability of such individual.
United States · United States Congress · 19 January 1995
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 · 19 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 · 19 January 1995
Expresses the sense of the Congress that: (1) Taiwan deserves full participation, including a seat, in the United Nations (UN); and (2) the U.S. Government should encourage the UN to establish an ad hoc committee to study membership for Taiwan in the UN and its related agencies.
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
Reporting Requirements Sunset Act of 1995 - Declares that each provision of law requiring submittal to the Congress of any report specified on a certain list prepared by the Clerk of the House of Representatives for the first session of the 103d Congress shall cease to be effective, with respect to that requirement, five years after enactment of this Act. Excepts from this declaration any report required under the Inspector General Act of 1978 or the Chief Financial Officers Act of 1990. Requires the President to include in the first annual budget submitted after enactment of this Act a list of reports he has determined are unnecessary or wasteful.
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
Delays the effective date for imposition of penalties upon States that do not have in effect safety belt and motorcycle helmet traffic safety programs. Exempts a State from certain penalties for failing to meet requirements relating to motorcycle helmet laws if the State has in effect a motorcycle safety program.
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).
![Official portrait of Sen. Inhofe, James M. [R-OK]](https://www.congress.gov/img/member/i000024_200.jpg)