United States · United States Congress · 30 June 1995
TABLE OF CONTENTS: Title I: Simplification of Nondiscrimination Provisions Title II: Simplified Distribution Rules Title III: Targeted Access to Pension Plans for Small Employers Title IV: Paperwork Reduction Title V: Miscellaneous Simplification Pension Simplification Act of 1995 - Title I: Simplification of Nondiscrimination Provisions - Redefines the term "highly compensated employee" for pension, profit sharing, stock bonus plan, etc. purposes. Makes such an employee one who is a five-percent owner, has compensation from the employer in excess of $80,000, or was the most highly compensated officer of the employer. Provides a special rule where no employees meet those criteria. Defines "participant's compensation" and "compensation" for purposes of specified provisions. (Sec. 104) Provides alternative methods of satisfying the special nondiscrimination requirements applicable to elective deferrals and employer matching contributions. Modifies the two-part nondiscrimination test for elective contributions under cash or deferred arrangements by permitting the average deferral percentage for nonhighly compensated employees for the preceding year to be used in determining the permitted average deferral percentage for highly compensated employees for the current year. Title II: Simplified Distribution Rules - Amends the Internal Revenue Code to repeal: (1) the $5,000 limitation on the exclusion of employees' death benefits; and (2) the five-year forward income averaging for lump-sum distributions. (Sec. 203) Establishes a method of taxing annuity payments by taking into account the investment in the contract and the number of anticipated payments. Title III: Targeted Access to Pension Plans for Small Employers - Allows a current year business credit for small employer pension plan qualified start-up costs. (Sec. 302) Modifies certain simplified employee pensions with respect to: (1) allowable participants and participation requirements; and (2) deferral percentages. (Sec. 303) Prohibits treating a plan as a top-heavy plan if the employer has no highly compensated employees by reason of specified provisions. (Sec. 304) Prohibits treating a cash or deferred arrangement as qualified if it is part of a plan maintained by a State or local government or subdivision or a tax-exempt organization described in Internal Revenue Code section 501(c)(3). (Current law applies that prohibition to all tax-exempt organizations, not just to 501(c)(3) tax-exempt organizations.) (Sec. 305) Prohibits any proposed regulation relating to qualified pension plans from taking effect unless it includes provisions to address the special needs of small employers. Title IV: Paperwork Reduction - Repeals provisions relating to a limitation in the case of a defined benefit plan and a defined contribution plan for the same employee. (Sec. 402) Authorizes the Secretary, as a condition of sponsorship, to prescribe rules defining the duties and responsibilities of certain master and prototype retirement plans. Title V: Miscellaneous Simplification - Revises the definition of a leased employee to mean one whose services are performed under the control of a service recipient, instead of one whose services are historically performed by employees. (Sec. 502) Establishes a contribution limit for owner-employees of retirement plans. (Sec. 503) Eliminates the special vesting rule for multiemployer plans. (Sec. 504) Amends minimum funding standards provisions to provide for the treatment of multiemployer plans with regard to full funding limitation provisions and valuation provisions. (Sec. 505) Permits certain employers to elect an alternative full funding limitation with respect to any defined benefit plan based solely on the accrued liability under such plan. Requires the Secretary to adjust the 150-percent current liability full funding limit for other plans if there is a revenue shortfall. (Sec. 506) Defines affiliated employers for Treasury regulation purposes with respect to tax-exemption. (Sec. 507) Modifies the treatment of governmental plans with respect to limits on contributions and benefits. (Sec. 508) Provides special rules for distributions of deferred compensation plans of State and local governments and tax-exempt organizations. (Sec. 509) Provides for the application of participant's compensation provisions to permanently and totally disabled participants when a defined contribution plan provides for the continuation of contributions on behalf of all such disabled participants for a fixed or determinable period. (Sec. 510) Allows rural cooperative plans which include cash or deferred arrangements to make distributions to participants on the basis of hardship or after attainment of age 59 and one-half years. (Sec. 511) Excludes non-pilots from consideration regarding the minimum coverage requirements of minimum participation standards provisions as they apply to a plan to provide contributions or benefits for air pilots. (Sec. 512) Treats certain retirement incentive payments for tenured faculty as not providing for the deferral of compensation. (Sec. 513) Makes the social security retirement age the uniform retirement age for purposes of discrimination testing. (Sec. 514) Makes uniform the penalty provisions applicable to certain pension reporting requirements. (Sec. 515) Establishes the National Commission on Private Pension Plans to report to the President and congressional leaders on a review of existing Federal incentives and programs that encourage and protect private retirement savings. Requires the report to make recommendations where appropriate for increasing the level and security of private retirement savings. Authorizes appropriations.
United States · United States Congress · 29 June 1995
Amends the Internal Revenue Code to permit the use of the regular depreciation rules for purposes of the alternative minimum tax. Revises provisions relating to credit for prior year minimum tax liability to set forth a special rule for taxpayers with long-term unused credits.
United States · United States Congress · 28 June 1995
TABLE OF CONTENTS: Title I: Amendments to the Securities Laws Title II: Clarification of Antitrust Laws Charitable Giving Protection Act of 1995 - Title I: Amendments to the Securities Laws - Exempts from the jurisdiction of the Investment Company Act of 1940, the Securities Act of 1933, the Securities Exchange Act of 1934, and the Investment Advisers Act of 1940 any security issued by or any interest or participation in any pooled income fund, collective trust fund, collective investment fund, or similar fund deemed not to be an investment company under the Investment Company Act of 1940 (charitable gift annuities). Preempts State law to extend the charitable gift annuities exemption from its jurisdiction over: (1) securities registration or qualification requirements; and (2) any charitable organization regulation. Permits a State to enact a statute that specifically refers to this Act and provides prospectively that it does not preempt its laws. Title II: Clarification of Antitrust Laws - Exempts charitable gift annuities from application of the antitrust laws.
United States · United States Congress · 22 June 1995
TABLE OF CONTENTS: Title I: Capital Gains Reform Subtitle A: Capital Gains Deduction for Taxpayers Other Than Corporations Subtitle B: Capital Gains Reduction for Corporations Subtitle C: Capital Loss Deduction Allowed With Respect to Sale or Exchange of Principal Residence Title II: Small Business Venture Capital Stock Capital Formation Act of 1995 - Title I: Capital Gains Reform - Subtitle A: Capital Gains Deduction for Taxpayers Other Than Corporations - Amends the Internal Revenue Code to make, for noncorporate taxpayers, 50 percent of net capital gains deductible from gross income. Allows the deduction in computing adjusted gross income. Subtitle B: Capital Gains Reduction for Corporations - Revises requirements regarding alternative capital gains taxes for corporations. Subtitle C: Capital Loss Deduction Allowed With Respect to Sale or Exchange of Principal Residence - Allows an individual to deduct losses arising from the sale or exchange of the taxpayer's principal residence. Title II: Small Business Venture Capital Stock - Increases from 50 percent to 75 percent the exclusion of any gain from the sale or exchange of qualified small business stock held more than five years and applies the exclusion to corporate as well as noncorporate taxpayers. Removes provisions including, as an item of tax preference, a specified percentage of gains on the sale of certain small business stock. Increases the dollar gross asset limits domestic C corporations must not exceed in order to qualify for the exclusion as small businesses and institutes an inflation adjustment for those limits. Removes provisions relating to a per-issuer limitation on a taxpayer's eligible gain. Modifies: (1) working capital provisions and the definition of "qualified trade or business," both with regard to meeting the active business requirement; and (2) requirements regarding purchases by a corporation of its own stock. Recognizes, if the taxpayer so elects, eligible gain from the sale of qualified small business stock only to the extent that the amount realized exceeds specified factors.
United States · United States Congress · 21 June 1995
Black Revolutionary War Patriots Commemorative Coin Act - Directs the Secretary of the Treasury to mint and issue one-dollar silver coins emblematic of the design selected by the Black Revolutionary War Patriots Foundation for the Black Revolutionary War Patriots Memorial in Washington, D.C. Directs that coin sale surcharges be paid to the Black Revolutionary War Patriots Foundation to establish an endowment to support construction of the Memorial.
United States · United States Congress · 20 June 1995
George Washington Commemorative Coin Act - Requires the Secretary of Treasury to mint and issue five-dollar gold coins emblematic of George Washington. Mandates that the design for the coins shall be: (1) selected by the Secretary after consultation with the Mount Vernon Ladies' Association and the Commission of Fine Arts; and (2) reviewed by the Citizens Commemorative Coin Advisory Committee. Provides for the distribution of coin sale surcharges to the Mount Vernon Ladies' Association.
United States · United States Congress · 16 June 1995
TABLE OF CONTENTS: Title I: Regulatory Simplification and Voluntary Compliance Title II: Small Business Responsiveness of Covered Agencies Title III: Financial Accountability of Covered Agencies Relating to Fees and Expenses Small Business Regulatory Fairness Act of 1995 - Title I: Regulatory Simplification and Voluntary Compliance - Directs a Federal regulatory agency that is required to prepare a regulatory flexibility analysis for a rule or group of related rules to publish a compliance guide which: (1) contains a summary of the rules and a citation as to their location; (2) provides a notice to small businesses (small entities) of such rules as well as an understandable explanation of actions necessary for compliance; and (3) is updated as required to reflect rule changes. Requires such guides to be disseminated to small entities, as well as to small business development centers. Prohibits any covered agency from bringing an action against a small entity to enforce a rule for which such a guide has not been published and disseminated. (Sec. 103) Requires covered agencies other than the Federal Trade Commission, the Equal Employment Opportunity Commission, and the Consumer Product Safety Commission to determine within 90 days whether to grant or deny a request by a small entity that no action be taken against such entity with respect to the enforcement of a rule (no action request). Allows a small entity to rely on a no action response from a covered agency in any subsequent action brought against the small entity for a rule's enforcement. (Sec. 104) Makes inadmissible as evidence in an action, as well as outside of the bounds of discovery, any information compiled by a small entity in a voluntary self-audit. Provides exceptions. (Sec. 105) Prohibits the imposition of a fine or penalty against a small entity if the entity proves that: (1) a covered agency rule is vague or ambiguous; and (2) the interpretation of the rule by the small entity is reasonable considering such rule and any applicable compliance guide. Title II: Small Business Responsiveness of Covered Agencies - Amends the Small Business Act to direct the Administrator of the Small Business Administration (SBA) to designate in each SBA region a senior SBA employee to serve as the Regional Small Business and Agriculture Ombudsman for such area. Requires the Ombudsman: (1) to solicit and receive comments from small businesses regarding regulatory enforcement activities of covered agencies; (2) based on such comments, to annually publish a small business responsiveness rating to each covered agency; (3) to publish periodic reports compiling the comments received; (4) to coordinate the activities of the Small Business Regulatory Fairness Board established under this title; and (5) to establish a toll-free telephone number to receive comments from small businesses. (Sec. 202) Directs the SBA Administrator to establish in each region a Small Business Regulatory Fairness Board to: (1) advise the Ombudsman on matters of concern to small businesses with respect to the regulatory enforcement activities of covered agencies; (2) conduct investigations of, and issue advisory findings and recommendations concerning, such enforcement activities; (3) review and approve the responsiveness ratings promulgated by the Ombudsman; and (4) prepare written opinions regarding the reasonableness and understanding of rules issued by covered agencies. (Sec. 203) Amends the Act to direct small business development centers to provide specified assistance to, and develop publications and programs for, small businesses with respect to regulatory requirements of covered agencies and compliance guides. Title III: Financial Accountability of Covered Agencies Relating to Fees and Expenses - Directs a covered agency to award fees, costs, and other expenses to a prevailing small entity in an adversary proceeding that raises a successful defense to a regulatory enforcement action or that receives a corrective action or penalty which is less burdensome than that sought or demanded by the covered agency. Limits the rate of payment of attorney's fees to no more than $150 per hour. Waives the payment of such fees, costs, and expenses only in limited special circumstances. Prohibits covered agencies from increasing fees regularly charged for services in order to cover fees, costs, and other expenses required to be paid to a prevailing small entity.
United States · United States Congress · 16 June 1995
Directs the President to support, at the 1995 United Nations review conference, proposals to modify Protocol II to the 1980 Conventional Weapons Convention to implement the U.S. goal of the elimination of antipersonnel landmines. Declares a U.S. moratorium, for a one year period beginning three years after enactment of this Act, on the use of such landmines except along internationally recognized national borders within a perimeter marked area monitored by military personnel and protected by adequate means to ensure the exclusion of civilians. Urges the President to encourage other nations to join in such moratorium. Prohibits the United States from selling, licensing for export, or transferring any defense article or service to a foreign country that sells, exports, or transfers antipersonnel landmines. Authorizes the President to waive such prohibition, after notice to the Congress, if an emergency exists which makes such waiver vital to the interest of the United States.
United States · United States Congress · 13 June 1995
TABLE OF CONTENTS: Title I: Small Business Advocacy Review Title II: Peer Review Survey Small Business Advocacy Act of 1995 - Title I: Small Business Advocacy Review - Directs the Administrator of the Environmental Protection Agency (EPA) to designate an EPA employee who is a member of the Senior Executive Service and whose immediate supervisor is appointed by the President to serve as the chairperson of each Environmental Small Business Advocacy Review Panel established under this Act. Directs the Assistant Secretary for Occupational Safety and Health (OSHA) of the Department of Labor to designate an OSHA employee with such qualifications to serve as the chairperson of each Occupational Safety and Health Small Business Advocacy Review Panel established under this Act. Directs the appropriate chairperson, with respect to a proposed Federal agency rule (other than agency organization, management, or personnel rules), to determine whether such rule is significant (has an impact on small business and has an annual aggregate impact on government and the private sector of at least $50 million) and, if so, to notify the Administrator of the Office of Information and Regulatory Affairs of the Office of Management and Budget and the Chief Counsel for Advocacy of the Small Business Administration to appoint review panel members for evaluation of the rule. Requires each chairperson to notify panel members of the intent of an agency to issue a final rule, and to solicit comments from the panel with respect to the rule's effect on small business. Provides review panel administrative, procedural, and personnel matters. Directs each chairperson to submit to the appropriate Federal agency employees responsible for carrying out a significant rule and to the appropriate congressional committees a report containing the findings and recommendations of the review panel for such rule and a recommendation of whether to conduct a cross-section survey of the small businesses impacted by the rule. Prohibits: (1) the judicial review of review panel activities; or (2) the publication of a rule in the Federal Register until the appropriate chairperson has had an adequate opportunity for its review under this Act. Title II: Peer Review Survey - Provides that, if a review panel recommends that a survey be conducted, the Federal agency involved shall contract with a private sector firm or organization to conduct the survey. Requires the availability of survey results to each interested Federal agency and, upon request, to any other interested party.
United States · United States Congress · 9 June 1995
TABLE OF CONTENTS: Title I: Food Stamp Program Title II: Child Nutrition Programs Subtitle A: Reimbursement Rates Subtitle B: Grant Programs Subtitle C: Other Amendments Title III: Reauthorization Nutrition Assistance Reform Act of 1995 - Title I: Food Stamp Program - Amends the Food Stamp Act of 1977 (Act) to establish a maximum 24-month food stamp program (program) authorization period. (Sec. 103) Authorizes States to establish additional criteria for separate household determinations. (Sec. 104) Revises thrifty food plan adjustment requirements. (Sec. 105) Revises the definition of "homeless individual" to limit the length of time a person may temporarily live in another person's residence. (Sec. 106) Revises household income exclusion provisions regarding: (1) students; and (2) Federal energy assistance. (Sec. 108) Revises household income deduction provisions regarding: (1) standard deductions; (2) earned income; (3) dependent care; (4) child support payments; (5) homeless shelter assistance; (6) excess medical expenses; and (7) excess shelter expenses. (Sec. 109) Eliminates specified excludable auto value increases. (Sec. 110) Revises the scope of sponsor-attributed income and resources regarding alien program eligibility. (Sec. 111) Revises work requirement and employment and training provisions. Extends employment and training funding authorizations. (Sec. 114) Authorizes comparable program disqualification based upon welfare or public assistance disqualification. (Sec. 115) Requires at State option: (1) cooperation with child support agencies in order to maintain program eligibility; and (2) program disqualification for child support arrears. (Sec. 117) Disqualifies permanently an individual who participates in the program in two or more States. (Sec. 118) Defines "work program." (Sec. 120) Eliminates annual minimum allotment adjustments. (Sec. 122) Authorizes a combined allotment for expedited households. (Sec. 123) Authorizes program reductions for failure to comply with a public assistance reduction requirement. (Sec. 124) Authorizes program assistance for households residing in a homeless shelter or drug or alcohol treatment center. (Sec. 125) Revises: (1) food stamp office operating provisions; and (2) expedited coupon service requirements. (Sec. 126) Eliminates certain certification personnel training requirements. (Sec. 128) Authorizes a family to withdraw a fair hearing request. (Sec. 129) Permits States to use income and eligibility verification systems other than the system used in part A (General Provisions) of title XI (General Provisions and Peer Review) of the Social Security Act. (Sec. 130) Directs program overissuances to be collected by: (1) allotment reduction; (2) unemployment compensation withholding; or (3) Federal pay or Federal income tax refund recovery. (Sec. 131) Terminates Federal matching requirements for program informational activities. (Sec. 133) Authorizes States to use funds otherwise available to a participating household for a work supplementation or support program. Sets forth program provisions. (Sec. 134) Authorizes waiver of program requirements as necessary to conduct related pilot projects. Authorizes appropriations. (Sec. 137) Authorizes States to carry out private sector employment initiatives. Sets forth program provisions. (Sec. 138) Authorizes appropriations for: (1) program operations; and (2) Puerto Rico block grants. (Sec. 140) Authorizes States to carry out a Simplified Food Stamp Program in lieu of existing program requirements. Sets forth Program provisions. Title II: Child Nutrition Programs - Subtitle A: Reimbursement Rates - Amends the National School Lunch Act to terminate the additional lunch payment for schools with high percentages of free or reduced price lunches. (Sec. 202) Revises annual adjustment provisions for: (1) value of food assistance; and (2) lunches, breakfasts, and supplements. (Sec. 204) Revises service institution payment provisions for the summer food service program for children. (Sec. 205) Amends the Child Nutrition Act of 1966 to revise annual adjustment provisions for: (1) the special milk program; and (2) the school breakfast program. Subtitle B: Grant Programs - Amends the Child Nutrition Act of 1966 to: (1) terminate school breakfast startup grants; and (2) reduce annual authorizations of appropriations for nutrition education and training programs. Subtitle C: Other Amendments - Amends the National School Lunch Act to revise provisions regarding day care home reimbursements. Obligates funds for family or group day care homes assistance. Title III: Reauthorization - Amends the Agriculture and Consumer Protection Act of 1973 to authorize appropriations for the commodity distribution program. (Sec. 302) Amends the Emergency Food Assistance Act of 1983 to extend and authorize appropriations for the emergency food assistance program. (Sec. 303) Amends the Hunger Prevention Act of 1988 to authorize appropriations for the soup kitchens program. (Sec. 304) Amends the Agriculture and Food Act of 1981 to extend authority for reprocessing of agricultural commodities into food products.
United States · United States Congress · 6 June 1995
TABLE OF CONTENTS: Title I: Commemorative Coin Programs Title II: National Law Enforcement Officers Memorial Maintenance Fund United States Commemorative Coin Act of 1995 - Title I: Commemorative Coin Programs - Requires the Secretary of the Treasury to mint and issue gold and-or silver coins: (1) emblematic of the Bicentennial of the United States; (2) to commemorate the 50th anniversary of the founding of the United Nations and the role of President Harry S. Truman; (3) to commemorate the 150th anniversary of the founding of the Smithsonian Institution; (4) to commemorate the public opening of the Franklin Delano Roosevelt Memorial in Washington, D.C.; (5) to commemorate the 125th anniversary of the establishment of Yellowstone National Park as the first National Park in the United States; and (6) to recognize the sacrifices of law enforcement officers and their families in preserving public safety. Provides for the distribution of surcharges from the sale of coins. (Sec. 102) Mandates that the design for the coins be: (1) selected by the Secretary after consultation with the appropriate recipient organizations and the Commission of Fine Arts; and (2) reviewed by the Citizens Commemorative Coin Advisory Committee. Title II: National Law Enforcement Officers Memorial Maintenance Fund - Establishes the National Law Enforcement Officers Memorial Maintenance Fund as a revolving fund administered by the Secretary of the Interior to be used for specified purposes, including: (1) for the maintenance, security, and repair of the National Law Enforcement Officers Memorial in Washington, D.C.; (2) to periodically add to the Memorial the names of law enforcement officers who have died in the line of duty; and (3) to provide educational scholarships to the immediate family members of law enforcement officers killed in the line of duty whose names appear on the Memorial.
United States · United States Congress · 25 May 1995
Agricultural Resources Conservation Act of 1995 - Amends the Food Security Act of 1985 to revise and extend the environmental conservation acreage reserve program, which shall consist of: (1) the conservation reserve program; (2) the wetlands reserve program; and (3) the environmental quality incentives program (authorized by this Act). Establishes an environmental quality incentives program which shall combine the functions of: (1) the agricultural conservation program; (2) the Great Plains conservation program; (3) the water quality incentives program; and (4) the Colorado River Basin salinity control program.
United States · United States Congress · 23 May 1995
Amends the Agricultural Act of 1949 and the Agricultural Adjustment Act of 1938 to terminate sugarcane and sugar beet price support, marketing quota, and acreage allotment programs. Makes related amendments to the Commodity Credit Corporation Charter Act and the Food Security Act of 1985.
United States · United States Congress · 19 May 1995
James Madison Commemorative Coin Act - Directs the Secretary of the Treasury to issue commemorative one-dollar silver coins emblematic of the 250th anniversary of the birth of James Madison and the life and achievements of the fourth President of the United States. Requires the Secretary to turn over proceeds from surcharges to the National Trust for Historic Preservation to be used to: (1) establish an endowment as a permanent source for Montpelier (home of James Madison and a museum); and (2) fund capital restoration projects at Montpelier.
United States · United States Congress · 11 May 1995
Minor Use Crop Protection Act of 1995 - Amends the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) to define "minor use" as the use of a pesticide on an animal or commercial agricultural crop or site or for public health protection where: (1) the total U.S. acreage for the crop is fewer than 300,000 acres; or (2) the Administrator of the Environmental Protection Agency determines that the use does not provide sufficient economic incentive to support the initial or continuing registration of a pesticide for such use and there are insufficient alternatives available for the use, any one of the alternatives poses greater environmental or health risks, or the pesticide plays or will play a significant part in managing pest resistance or in an integrated pest management program. Extends the period of exclusive data use for data submitted to support original registration applications for pesticides for an additional year for each three minor uses registered after this Act's enactment and before the expiration of the period of exclusive use, up to a total of three additional years for all minor uses registered by the Administrator if the Administrator determines that: (1) there are insufficient alternatives available for the use or any one of the alternatives poses greater environmental or health risks; or (2) the pesticide plays or will play a significant part in managing pest resistance or in an integrated pest management program. Requires the Administrator, upon the request of a registrant, to extend the deadline for the production of residue chemistry data required solely to support a minor use subject to specified conditions. Applies the same extension conditions to data for reregistrations. Authorizes the Administrator to modify or revoke such extensions if the use may cause unreasonable adverse environmental effects. Permits the Administrator, in handling the registration of a pesticide for a minor use, to waive applicable data requirements if the absence of data will not prevent the Administrator from determining the risk presented by the pesticide and that the risk would not have an adverse environmental effect. Provides for expedited review (within one year of submission) of applications to support minor use pesticide registrations. Provides a procedure for meeting data requirements where a registrant has voluntarily cancelled a registration and another application is pending for registration of a pesticide that is for a minor use and is identical or substantially similar to, or for an identical or substantially similar use as, the cancelled pesticide. Directs the Administrator to establish a minor use program. Directs the Secretary of Agriculture to establish a Department of Agriculture minor use program and a separate matching fund program. Requires the matching fund program to be utilized to ensure the continued availability of minor use crop protection chemicals. Authorizes appropriations.
United States · United States Congress · 9 May 1995
Animal Drug Availability Act of 1995 - Amends Federal Food, Drug, and Cosmetic Act provisions relating to new animal drugs to redefine "substantial evidence" to mean evidence from one or more scientifically sound studies including, as appropriate, in vitro studies, studies in laboratory animals, bioequivalence studies, tissue residue studies, and any studies voluntarily undertaken by or for the applicant that provide some assurance that the drug will have the intended effect. Excludes a claim for the use of a drug in a minor species or a minor use of a drug from disapproval, if there is an application filed for the drug which is approved prior to the submission of the claim. Directs the Secretary of Health and Human Services to consider the following issues when a new animal drug contains more than one active ingredient, or the labeling of the drug suggests use of the drug in combination with another animal drug: (1) whether any active ingredient or any combination of drugs alters the safe concentration of another of the active ingredients or drugs in the combination; (2) whether each of the active ingredients or drugs in the combination have been shown to contribute to the same intended effect; and (3) whether each of the active ingredients or drugs in the combination has an identified target population for which dosing with the active ingredients or combination represents appropriate concurrent therapy. Requires the Secretary to issue proposed regulations implementing the provisions of this section which: (1) further define "substantial evidence"; (2) take into account the proposals contained in the citizen petition submitted by the American Veterinary Association and the Animal Health Institute; (3) provide for a conference to make a decision establishing a submission or an investigational requirement; and (4) define the kinds of evidence an applicant may use to establish the contribution of each active ingredient and to establish the appropriateness of concurrent therapy in a new animal drug, or new animal drug used in combination with another drug. (Sec. 4) Requires the Secretary to approve or disapprove the application within 90 (currently 180) days of receipt of the application. (Sec. 5) Requires: (1) the Secretary to refer disputed issues received in writing from an applicant to an advisory committee or to a special Government employee; and (2) the committee or employee to submit a report containing recommendations regarding the matter. (Sec. 6) Requires the Secretary to refuse approval of an application if information submitted with respect to the drug indicates that any use suggested in labeling proposed for that drug will result in a unsafe amount of residue. (Sec. 7) Permits the export of an unsafe (as defined in the Act) new animal drug, if it is not in conflict with the laws of the country to which it is exported. (Currently, such export is prohibited.)
United States · United States Congress · 4 May 1995
TABLE OF CONTENTS: Title I: Eligible Shareholders of S Corporation Subtitle A: Number of Shareholders Subtitle B: Persons Allowed as Shareholders Subtitle C: Other Provisions Title II: Qualification and Eligibility Requirements for S Corporations Subtitle A: One Class of Stock Subtitle B: Elections and Terminations Subtitle C: Other Provisions Title III: Taxation of S Corporation Shareholders Title IV: Effective Date S Corporation Reform Act of 1995 - Title I: Eligible Shareholders of S Corporation - Subtitle A: Number of Shareholders - Amends the Internal Revenue Code to increase from 35 to 50 the maximum number of shareholders of an S corporation (electing small business corporation). Allows members of a family to be treated as one shareholder. Subtitle B: Persons Allowed as Shareholders - Allows the following entities to be shareholders of S corporations: (1) certain tax-exempt organizations; (2) financial institutions that do not use the reserve method of accounting for bad debts; (3) nonresident aliens; and (4) certain small business trusts. Subtitle C: Other Provisions - Extends the post-death qualification for certain trusts to be permitted as shareholders from 60 days to two years. Title II: Qualification and Eligibility Requirements for S Corporations - Subtitle A: One Class of Stock - Allows an S corporation to issue qualified preferred stock. Permits financial institutions to hold safe harbor debt. Subtitle B: Elections and Terminations - Revises the rules on inadvertent terminations by certain trusts of the election to be an S corporation. Authorizes the Secretary of the Treasury to treat certain late elections as timely and to provide an automatic waiver procedure for certain inadvertent terminations. Expands the post-termination transition period until 120 days after a determination is made that the election had terminated in a prior year. Repeals the characterization of excessive passive investment income as a termination event. Increases the tax imposed on such excessive income. Subtitle C: Other Provisions - Permits an S corporation to wholly own the stock of a subsidiary. Provides for the treatment of distributions during loss years. Provides a consent dividend for S corporation elections to by-pass amounts in the accumulated adjustments account when making distributions. Eliminates the rule treating an S corporation as an individual in its capacity as shareholder of another corporation for purposes of subchapter C. Eliminates the pre-1983 earnings and profits accumulated by a corporation that was an S corporation for any taxable year beginning before January 1, 1983, and is so characterized for its first taxable year after December 31, 1995. Allows S corporations to make charitable contributions of inventory and scientific property. Repeals the requirement that partnership rules apply for fringe benefit purposes (making C corporation rules applicable). Provides for the application to two-percent shareholders of S corporations of the rules regarding deduction of health insurance costs of self-employed individuals. Title III: Taxation of S Corporation Shareholders - Applies the exemption from the excise tax on pension plan prohibited transactions to plans providing benefits for S corporation shareholder-employees (as defined before the effective date of the Subchapter S Revision Act of 1982). Treats losses on liquidations of S corporations as ordinary to the extent the loss created by ordinary income pass-through triggered the liquidation. Title IV: Effective Date - Makes this Act effective for taxable years beginning after December 31, 1995.
United States · United States Congress · 3 May 1995
Authorizes contributions toward cooperative work in forest investigations or protection, management, and improvement of the National Forest System to be covered into a special Treasury fund and paid for such purposes and for refunds of amounts paid in excess of a contributor's share of the cost. Authorizes payment for such purposes to be made from any Forest Service appropriation that is available for similar work if a written agreement so provides and reimbursement will be provided by a cooperator in the same fiscal year as the expenditure by the Service. Requires a reimbursement received from a cooperator that covers his or her proportionate share of the cost of the work to be deposited to the credit of the Service's appropriation from which the payment was initially made or, if the appropriation is no longer available, to the credit of the Service's appropriation that is available for similar work. Requires the Secretary of Agriculture to establish: (1) criteria to determine whether the acceptance of contributions under this Act would adversely affect the ability of a Department of Agriculture officer or employee to carry out his or her duty or program in a fair and objective manner; and (2) written rules that protect the Service's interests in cooperative work agreements.
United States · United States Congress · 24 April 1995
Condemns the bombing at the Alfred P. Murrah Federal Building in Oklahoma City, Oklahoma. Sends condolences to the families. Commends rescue and volunteer workers, law enforcement officials, and the President. Urges the President to use all necessary means to find and punish the perpetrators. Supports the President's and Attorney General's position that Federal prosecutors will seek the maximum penalty allowed by law, including the death penalty, for those responsible. Declares that the Senate will expeditiously approve legislation to strengthen the authority and resources of all Federal agencies involved in combating such acts of terrorism.
United States · United States Congress · 6 April 1995
Gambling Impact Study Commission Act - Establishes the Gambling Impact Study Commission to study, and report to the President and the Congress, all matters relating to the impact of gambling on States, political subdivisions of States, and Native American tribes, and possible alternative sources of revenue for them. Authorizes appropriations.
United States · United States Congress · 6 April 1995
TABLE OF CONTENTS: Title I: Estate Tax Provisions Title II: Income Tax Treatment Family Forestland Preservation Tax Act of 1995 - Title I: Estate Tax Provisions - Amends the Internal Revenue Code to exclude from a gross estate, for estate tax purposes, the value of a qualified conservation contribution. Provides a special estate tax valuation based on the use of a decedent's forestland in timber operations. Provides for the recapture of estate tax if such real property is disposed of by an heir or devisee and for failure to use the property in timber operations. Title II: Income Tax Treatment - Provides taxpayers a partial inflation adjustment for the deduction from gross income for qualified timber gain. Allows such deduction in computing adjusted gross income. Excludes from gross income the applicable percentage of qualified timber gain from the sale or exchange of property used in timber operations to a governmental unit for conservation purposes. Excludes from conditions of the material participation rules, for purposes of the passive loss limitations, closely held timber activity if the aggregate hours devoted to management of the activity for any year is generally fewer than 100 hours.
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
Urges the executive branch to: (1) reiterate to the claimants in the South China Sea that the United States does not take a position on any individual claim; and (2) declare the active support of the United States for the 1992 Manila Declaration of the Association of South East Asian Nations. Calls upon all the claimants: (1) to observe the Declaration's provisions; (2) refrain from using military force to assert or expand territorial claims in the South China Sea; and (3) scrupulously observe the January 1995 status quo ante pending any negotiations or resolution of the conflicts between such claimants over such claims.
United States · United States Congress · 28 March 1995
Ryan White CARE Reauthorization Act of 1995 - Amends title XXVI (HIV Health Care Services Program) of the Public Health Service Act regarding emergency relief for areas with a substantial need for services. Changes requirements for grants to metropolitan areas having large numbers of cases of acquired immune deficiency syndrome (AIDS). Modifies the composition, chairperson requirements, and duties of local human immunodeficiency virus (HIV) health services planning councils. Revises requirements for supplemental grants. Alters the method for determining the amount of each grant, the mandated uses of the grants, and application requirements. Allows a single application for initial and supplemental grants and authorizes both to be made as a single grant. Mandates (currently, allows) technical assistance. Authorizes planning grants. Amends provisions relating to the care grant program to change the uses of HIV care consortia grants and consortium application requirements. Mandates establishment of a recommended minimum formulary of pharmaceutical drug therapies approved by the Food and Drug Administration. Revises: (1) State duties in using grant funds to provide treatments; (2) State application requirements; and (3) planning, evaluation, and administration requirements. Mandates (currently, allows) technical assistance. Mandates grievance procedures to address allegations of egregious violations of title XXVI. Requires coordination of the planning and implementation of Federal HIV programs by the Health Resources and Services Administration, the Centers for Disease Control and Prevention, and the Substance Abuse and Mental Health Services Administration. Amends early intervention services provisions to: (1) require grant recipients to provide a continuum of primary care; and (2) modify other requirements regarding uses of grant funds. Authorizes planning grants to entities that are not direct primary care providers to enable them to provide HIV primary care services. Authorizes appropriations for early intervention grants. Replaces provisions mandating demonstration grants for research and services for pediatric AIDS patients with provisions mandating grants for primary care for out-patient care and support services to children, youth, women with HIV disease, and the families of those individuals and for facilitating the participation of such individuals in research. Requires procedures for the protection of human subjects. Prohibits conditioning services on research participation. Authorizes appropriations. Reserves a specified portion of the amounts appropriated under other parts of title XXVI to administer a special projects of national significance program to award direct grants for special programs for the care and treatment of individuals with HIV disease. Repeals current provisions relating to special projects of national significance. Replaces provisions of the Public Health Service Act authorizing grants and contracts to train the faculty of specified types of health professions schools regarding providing for the health care needs of individuals with HIV disease with provisions authorizing grants and contracts to train health personnel, including community providers, in the diagnosis, treatment, and prevention of HIV infection and disease. Authorizes appropriations. (Sec. 4) Amends title XXVI provisions relating to emergency relief for areas with a substantial need for services to modify the formula for determining the amount of grants. (Sec. 5) Amends provisions relating to the care grant program to change the formula regarding minimum grant allotments. (Sec. 6) Authorizes appropriations to make grants under title XXVI provisions relating to: (1) emergency relief for areas with a substantial need for services; and (2) the care grant program. Mandates development and implementation of a methodology for adjusting the percentages allocated to those parts. Repeals existing authorizations of appropriations for those parts.
United States · United States Congress · 22 March 1995
FDA Export Reform and Enhancement Act of 1995 - Amends the Federal Food, Drug, and Cosmetic Act (FDCA) to modify the circumstances in which a drug, device, or biological product (including a partially processed biological product) may be exported.
United States · United States Congress · 22 March 1995
Interstate Transportation of Municipal Waste Act of 1995 - Amends the Solid Waste Disposal Act to authorize a State Governor, if requested by an affected local government, to prohibit the disposal of out-of-State municipal waste in: (1) any landfill or incinerator subject to the jurisdiction of the Governor or the local government; and (2) landfill cells that do not meet the State's design and location standards and leachate collection and groundwater monitoring requirements for new landfills. Permits such Governors, without the request of such entities, to limit the quantity of out-of-State municipal waste received for disposal, or the disposal of such waste, at landfills covered by exceptions under this Act. Authorizes States to ban imports from large exporting States if the volumes of municipal solid waste exported by such States did not meet reduction targets. Prohibits discrimination against any particular landfill and against shipments of out-of-State waste on the basis of State of origin. Exempts from a Governor's authority to prohibit the disposal of out-of-State waste: (1) landfills that received documented shipments of such waste in 1993 and are in compliance with State laws relating to design and location standards, leachate collection, groundwater monitoring, and financial assurance for closure and post-closure and corrective action; (2) proposed landfills that, prior to January 1, 1993, received an authorization as part of a host community agreement from the affected local government to receive municipal waste generated out-of-State and a State notice of decision to grant a construction permit; or (3) incinerators that received documented shipments of such waste during 1993 and are in compliance with performance standards under the Clean Air Act and State laws relating to facility design and operations. Authorizes States to deny permits for the construction or operation of a new landfill or incinerator or a major modification of an existing landfill or incinerator if: (1) the State has approved a State or local comprehensive solid waste management plan developed under Federal or State law; and (2) the denial is based on the State's determination that there is not a local or regional need of the landfill or incinerator in the State.
United States · United States Congress · 21 March 1995
Authorizes the awarding of the Purple Heart to persons serving with the armed forces who were wounded while being taken prisoner or held captive before April 25, 1962. Prohibits such award to a person convicted by a competent court of rendering assistance to any U.S. enemy.
United States · United States Congress · 17 March 1995
Trade Agreement Implementation Reform Act - Declares that the negotiating objectives of the United States with respect to trade agreements with foreign countries are to: (1) obtain more open, equitable, and reciprocal market access; (2) obtain the reduction or elimination of barriers and other trade-distorting policies and practices; (3) further strengthen the system of international trading disciplines and procedures; and (4) foster economic growth and full employment in the United States and the global economy. (Sec. 3) Authorizes the President, whenever existing foreign or U.S. duties or import restrictions are unduly burdening and restricting U.S. foreign trade, to enter into trade agreements with foreign countries (through June 1, 2001) and proclaim, subject to specified limitations, modification or continuance of any existing duty or existing duty-free treatment, or additional duties. Authorizes the President to enter into regional, bilateral, or multilateral trade agreements to reduce, eliminate, or prohibit any unfair duty, restriction, or barrier whenever such duty, restriction, or barrier: (1) unduly burdens or restricts U.S. foreign trade or adversely affects the U.S. economy; (2) is likely to result in such a burden, restriction, or effect; or (3) the reduction or elimination of such barrier or distortion is likely to result in U.S. economic growth or expanded trade opportunities. Requires the President, when determining whether to enter into such agreements, to take into account whether a country has implemented its obligations under the Uruguay Round Agreements and any other trade agreements it has with the United States. Requires the President to consult with the Congress before initiating negotiations. (Sec. 4) Requires the President to notify, and submit implementing bills to, the Congress before any trade agreement can take effect. Applies congressional "fast track" procedures to such implementing bills through June 1, 2001. (Sec. 5) Extends the authority of congressional "fast track" procedures to implementing bills submitted with respect to trade agreements entered into after May 31, 2001, and before June 1, 2003, only if: (1) the President requests such extension; and (2) neither House of Congress adopts an extension disapproval resolution before June 1, 2001. (Sec. 7) Requires specified advisory committee reports regarding such agreements to be provided to the President, the Congress, and the United States Trade Representative no later than 45 days after the President notifies the Congress of his intention to enter into an agreement.
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 · 10 March 1995
TABLE OF CONTENTS: Title I: Relationship of NAFTA Implementation to the Operation of the Caribbean Basin Initiative Title II: Related Provisions Caribbean Basin Trade Security Act - Title I: Relationship of NAFTA Implementation to the Operation of the Caribbean Basin Initiative - Amends the Caribbean Basin Economic Recovery Act (the Act) to accord certain textile and apparel articles and certain other articles (including canned tuna and petroleum) from Caribbean beneficiary countries, for a specified transition period, the same tariff and quota treatment (lower tariffs or duty-free treatment) accorded any such articles imported from Mexico under the North American Free Trade Agreement (NAFTA). (Sec. 102) Directs the President to: (1) monitor the effects, if any, that implementation of NAFTA has on the access of beneficiary countries to U.S. markets for sugars, syrups, and molasses; and (2) take or propose any actions necessary to ameliorate any adverse effects such implementation may have on them. (Sec. 103) Grants duty-free treatment of Canadian liqueurs and spirituous beverages made from Caribbean rum. Title II: Related Provisions - Requires the President to meet with trade ministers of beneficiary countries in order to negotiate for their accession to the NAFTA, or to enter into free trade agreements with the United States that contain comparable provisions with those in the NAFTA and that would make progress in achieving certain trade negotiating objectives under the NAFTA. (Sec. 202) Directs the United States Trade Representative (USTR) to make an assessment of the economic development efforts and market oriented reforms in each beneficiary country, including each country's ability to undertake the obligations of the NAFTA. Requires the USTR, if such countries accede to the NAFTA or the United States negotiates a comparable free trade agreement with them, to provide to specified congressional committees a report on the economic impact of the new trade relationship on beneficiary countries.
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
Reforestation Tax Act of 1995 - Amends the Internal Revenue Code to provide taxpayers a partial inflation adjustment for the deduction from gross income for qualified timber gain. Allows such deduction in computing adjusted gross income. Excludes from conditions of the material participation rules, for purposes of the passive loss limitations, closely held timber activity if the aggregate hours devoted to management of the activity for any year is generally fewer than 100 hours. Increases the amount allowable as a deduction for amortization of reforestation expenditures and provides an inflation adjustment after calendar year 1995. Applies such inflation adjustment to the reforestation credit. Shortens the amortization period from 84 to 60 months.
United States · United States Congress · 6 March 1995
Expresses the sense of the Congress that the President should promptly indicate that the United States will welcome a private visit by Taiwanese President Lee Teng-hui to his alma mater, Cornell University, and will welcome a transit stop by President Lee in Anchorage, Alaska, to attend the USA-ROC Economic Council Conference.
United States · United States Congress · 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 · 22 February 1995
Birth Defects Prevention Act of 1995 - Amends the Public Health Service Act to establish birth defects prevention and research programs. Authorizes the Secretary of Health and Human Services, acting through the Director of the Centers for Disease Control (CDC), to provide for collection, analysis, and reporting of birth defects statistics from birth certificates, infant death certificates, hospital records, or other sources and to collect and disaggregate such statistics by gender and racial and ethnic group. Directs the Secretary to establish at least five regional birth defects monitoring and research programs to collect and analyze information on the number, incidence, correlation, and causes of birth defects. Authorizes the Secretary, acting through the Director of CDC, to award grants or enter into cooperative agreements with specified entities to serve as Centers of Excellence for Birth Defects Prevention Research. Requires one of the Centers to focus on birth defects among ethnic minorities. Requires the CDC to establish a clearinghouse for the collection and storage of data generated from birth defects monitoring programs developed under this Act. Directs the Secretary, acting through the Director of the CDC, to provide for the evaluation, and implementation of prevention strategies designed to reduce the incidence and effects of birth defects. Directs the Secretary to establish an Advisory Committee for Birth Defects Prevention. Requires the Secretary to report biennially to the House Committee on Energy and Commerce and the Senate Committee on Labor and Human Resources regarding birth defects. Subjects the provisions of this Act to requirements of the Privacy Act. Applies all Federal laws relating to the privacy of information to data and information collected under this Act. Authorizes appropriations.
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
Amends the Internal Revenue Code with respect to the corporate income tax exclusion of contributions to the capital of the taxpayer. Includes as a qualifying contribution any amount of money or property received by a regulated public utility which provides water or sewage disposal services that: (1) is a contribution in aid of construction; (2) meets certain expenditure requirements; and (3) is not included in the taxpayer's rate base. Excludes amounts paid as service charges for starting or stopping services. Determines the depreciation deduction for such property by using the straight line method and provides for a 25-year recovery period.
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 · 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 · 1 February 1995
National Park Service Concession Policy Reform Act of 1995 - Repeals the Concessions Policy Act of 1965. (Sec. 5) Directs the Secretary of the Interior to authorize, under specified conditions, private persons, corporations, or other entities to provide and operate such facilities and services as the Secretary deems necessary and appropriate in the National Park System (NPS). (Sec. 6) Authorizes the Secretary, upon request and under specified criteria, to allow such entities to provide services to park visitors other than by award of a concession contract or permit. Requires the provision of such services to have minimal impact on park resources and values and to be consistent with park purposes. Provides a two-year term limit for the provision of such services. (Sec. 7) Requires a concession contract to be awarded to the person submitting the best proposal through a competitive selection process to be established by the Secretary. Allows waiver of such procedures and award of a temporary contract to avoid interruption of services. Requires the Secretary to publish a notice of availability for a prospectus soliciting proposals for contracts for concessions at a Park specifying minimum contract requirements and contract terms and conditions. Requires congressional notification of any proposed contract with anticipated gross receipts exceeding $5 million or of a duration of ten or more years. Prohibits the Secretary from granting a preferential right to a concessioner to: (1) renew concession contracts under this Act, with exceptions; or (2) provide new or additional services at a park. Allows such preferential rights to be granted for certain outfitting and guide contracts and certain contracts with annual gross receipts of under $500,000. (Sec. 8) Sets forth criteria for determining franchise fees, including fees for multiple franchise contracts within a park. (Sec. 9) Requires all fees to be: (1) covered into a special Treasury account established for reallocation to NPS units for resource management and protection, maintenance activities, interpretation, and research; or (2) deposited into a Park Improvement Fund established by the concessioner (as directed by the Secretary) from which expenditures shall be made for park activities and projects. Requires: (1) an annual statement from the concessioner to the Secretary reflecting total activity in the Fund for the preceding fiscal year; and (2) an annual report from the Secretary to specified congressional committees concerning Fund expenditures. (Sec. 10) Establishes a maximum: (1) ten-year duration for a concessions contract, provided that the Secretary may award a contract for up to 20 years if determined necessary; and (2) two-year duration for a temporary contract. (Sec. 11) Requires the approval of the Secretary and congressional notification before a concession contract can be transferred, assigned, sold, or conveyed and sets forth conditions that preclude such conveyance. (Sec. 12) Grants possessory interest to: (1) concessioners who have commenced acquisition or construction of any structure on Federal land within a park before the enactment of this Act; and (2) concessioners who construct or acquire an improvement on U.S. land within a Park after enactment of this Act. (Sec. 13) Places limitations on a concessioner's rates and charges to the public. (Sec. 14) Directs the Secretary to: (1) periodically evaluate the performance of each concessioner under contract; (2) terminate a contract if a concessioner fails, within the prescribed time, to meet minimum requirements identified in a notice of unsatisfactory performance; and (3) notify specified congressional committees of each unsatisfactory rating and each contract terminated. (Sec. 15) Provides that the Comptroller General of the United States shall, until the expiration of five calendar years after the close of the business year for each concessioner, have access to and the right to examine any pertinent books, documents, papers, and records of the concessioner related to the contracts. (Sec. 16) Exempts contracts awarded by the Secretary under this Act from certain provisions of Federal law with respect to the leasing of U.S. buildings and properties. (Sec. 18) Requires the Inspector General of the Department of the Interior to submit biannual reports to specified congressional committees on the implementation of this Act and its effect on facilities operated pursuant to concession contracts and on visitor services. (Sec. 19) Authorizes appropriations.
United States · United States Congress · 1 February 1995
Home Office Deduction Act of 1995 - Amends the Internal Revenue Code to provide that a home office qualifies as the principal place of business if: (1) the office is the location where the taxpayer's essential administrative or management activities are conducted on a regular and systematic (and not incidental) basis by the taxpayer; and (2) the office is necessary because the taxpayer has no other location for the performance of the essential administrative or management activities of the business. Treats the storage of product samples as inventory for deduction purposes.
United States · United States Congress · 1 February 1995
Amends the Goals 2000: Educate America Act to eliminate the National Education Standards and Improvement Council (the Council). Prohibits any Federal agency from expending Federal funds for the development or dissemination of model or national content standards, national student performance standards, or national opportunity-to-learn standards. Eliminates the requirement that the National Education Goals Panel review and approve such standards and criteria. Terminates funding for: (1) the Council; (2) opportunity-to-learn development grants; and (3) assessment development and evaluation grants. Makes technical and conforming amendments to the Elementary and Secondary Education Act of 1965, the General Education Provisions Act, and the Education Amendments of 1978.
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