United States · United States Congress · 22 March 1995
Retiree Health Benefits Protection Act - Amends the Employee Retirement Income Security Act of 1974 to add rules governing litigation involving the termination or reduction of retiree health benefits.
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 · 20 March 1995
Turkish Human Rights Compliance Act - Requires the President, from the funds available for FY 1996 for assistance for Turkey under the Foreign Assistance Act of 1961 and the Arms Export Control Act, to withhold, first from grant assistance and then from loan assistance, $500,000 for each day that Turkey does not meet the conditions of this Act. Authorizes a presidential waiver of this Act if it is in the national security interest. Considers conditions to be met when the President certifies to the Congress that the Turkish Government: (1) allows free monitoring of the human rights situation within its territory by human rights monitoring organizations; (2) recognizes the civil, cultural, and human rights of its Kurdish citizens, ceases military operations against Kurdish civilians, and takes steps toward a peaceful resolution of the Kurdish issue; (3) takes steps toward the total withdrawal of military forces from Cyprus and supports a settlement recognizing the sovereignty and independence of Cyprus, with a constitutional democracy; (4) removes its blockade of U.S. and international assistance to Armenia; and (5) removes official restrictions on Christian churches and schools and offers sufficient protection against acts of violence, harassment, and vandalism in connection with the clergy and such churches and schools.
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
Missouri River Water Control Equity Act - Prohibits the Secretary of the Army from allowing the permanent pool levels in the following areas to fall below the specified level, unless the Secretary finds that a lower level is required to provide necessary emergency flood control, hydropower, or water supply: (1) for the Missouri River system, 44 million acre-feet; and (2) for Fort Peck Lake, 12 million acre-feet. Directs the Secretary to decrease the navigation season for the Missouri River by 30 days annually until it is eliminated. Directs the Secretary to develop and implement a plan to mitigate streambank and reservoir erosion caused by the operation of the Missouri River system. Authorizes appropriations.
United States · United States Congress · 8 March 1995
Expresses the sense of the Senate that: (1) obstetrician-gynecologists should be included as primary care providers for women in Federal laws relating to the provision of health care; and (2) legislative proposals that define primary care should include primary care services performed by obstetrician-gynecologists in such definition.
United States · United States Congress · 7 March 1995
TABLE OF CONTENTS: Title II (sic): Disposition of Locatable Mineral Deposits Title III: Surface Management of Mineral Activities Title IV: Royalty Title V: Abandoned Locatable Minerals Mine Reclamation Program Title VI: Administrative Provisions Mining Law Reform Act of 1995 - Declares that it is the purpose of this Act to: (1) promote mineral exploration and development; (2) ensure land reclamation; and (3) avoid claims of takings of property rights that could require compensation under the Fifth Amendment to the Constitution. Title II (sic): Disposition of Locatable Mineral Deposits - Mandates: (1) an annual $100 maintenance fee, payable in advance, for each unpatented mining claim or site until a patent has been issued therefor; and (2) an initial maintenance fee of $100 for the assessment year which includes the date of location of such mining claim or site. (Sec. 201) Sets forth claim maintenance and assessment work requirements. Confers the right of exclusive possession upon the owner of any unpatented mining claim or site in compliance with this Act. Requires the owner of each unpatented mining claim or site to pay a location fee of $25 per claim at the time the notice or certificate of location is filed. Credits the annual claim maintenance fee payments for an unpatented mining claim or site against the requisite royalties. Prescribes procedural guidelines for fee adjustments and disposition. Exempts from application of this section any oil shale claims subject to claim maintenance fees under the Energy Policy Act of 1992. Repeals the fee requirements of the Omnibus Budget Reconciliation Act of 1993. Amends the Federal Land Policy and Management Act of 1976 (FLPMA) to: (1) repeal the filing requirements for mining claim recordation; and (2) declare that failure to file a timely notice or certificate of location shall constitute forfeiture of the mining claim and render the claim null and void. (Sec. 202) Permits waiver of the maintenance fee upon written certification that the owner and all related persons own not more than 25 unpatented mining claims or sites. (Sec. 203) Prohibits the Secretary of the Interior from denying residential occupancy, or requiring removal of equipment or facilities, if a notice of intent or plan of operations shows such occupancy to be reasonably required. Sets forth procedural guidelines for divestment and reverter of a patented estate that is used for unauthorized purposes. Prescribes patent issuance guidelines. Amends the Department of the Interior and Related Agencies Appropriations Act, 1995 to repeal its proscription against the obligation of appropriated funds for processing patents for mining or mill site claims. Title III: Surface Management of Mineral Activities - Declares that compliance with this title constitutes compliance with specified provisions of the FLPMA and any other law applicable to Federal lands subject to this title within the National Forest System. States that this Act is applicable only to mineral activities on those Federal lands where the surface estate is managed by the Bureau of Land Management or the U.S. Forest Service. Cites the Federal environmental protection statutes applicable to mining operations under this Act. (Sec. 302) Prescribes procedural guidelines for: (1) authorization of mineral activities and plans of operations requirements (including a reclamation plan that complies with State requirements, and evidence of financial assurance); (2) cooperative agreements for joint administration between the Secretary and the requesting State; and (3) enforcement and administrative and judicial review. Title IV: Royalty - Imposes a royalty of three percent of the net proceeds upon the production and sale of locatable minerals from any unpatented mining claim (and from certain patented claims). Waives the royalty for: (1) any mine with an annual gross yield of less than $500,000; and (2) minerals processed at a facility by the same person which extracted the minerals if a certain urban development action grant has been made. Prescribes royalty payment guidelines. Title V: Abandoned Locatable Minerals Mine Reclamation Program - Requires any State which wishes to receive certain royalty proceeds to establish an interest-bearing abandoned locatable mineral mine reclamation fund. (Sec. 501) Establishes the Abandoned Locatable Minerals Mine Reclamation Fund to consist of certain allocated royalty receipts in a State where a State Fund has not been established. (Sec. 503) Identifies: (1) Federal lands and water eligible for reclamation under this Act; and (2) reclamation uses and objectives for moneys in a State Fund. (Sec. 505) Requires each State with a State Fund to furnish an annual accounting report to the Congress. Title VI: Administrative Provisions - Declares that this Act supersedes the general mining laws only to the extent that they conflict with the requirements of this Act. Sets forth the effect of this Act upon other Federal and State laws.
United States · United States Congress · 7 March 1995
False Identification Act of 1995 - Amends the Federal criminal code to reduce the minimum number of documents to three (currently, five) for certain offenses involving fraud and related activity in connection with identification documents. Sets criminal penalties for knowingly sending through the mails any unverified identification document which bears a birth date purporting to be that of the individual named in the document, showing such individual to be 21 years of age or older, when in fact that individual has not attained age 21.
United States · United States Congress · 6 March 1995
Endangered Species Listing Moratorium Act of 1995 - Amends the Endangered Species Act of 1973 to prohibit the Secretary of the Interior, during the period beginning on March 7, 1995, and ending on September 7, 1995, from: (1) determining that a species is endangered or threatened; or (2) designating a habitat of a species as a critical habitat.
United States · United States Congress · 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 · 10 February 1995
Federal Lands Forest Health Protection and Restoration Act - Directs the Secretaries of the Interior and Agriculture to: (1) review the forest health conditions on Federal lands under their respective jurisdictions at least annually; and (2) designate forest health emergency or high risk areas and select and authorize the forest health management activities to be undertaken. Designates conditions under which an area of Federal lands shall be designated as either a forest health emergency or high risk area. Requires the prioritization of such areas by the Secretary concerned. Requires the appropriate forest health management activities to be those which the Secretary concerned determines to most specifically address the specific site conditions of the area using the combination of management practices, treatment, and protection needed to arrest the decline in, and to restore, forest health to a condition capable of supporting and sustaining the uses within the historic range of the area. Requires a statement of necessity by the Secretary concerned whenever the harvest of live trees is expected to occur in a forest health management activity. Provides a petition process under which any interested person may petition either Secretary to designate a specific area of at least 100 acres as a forest health emergency or high risk area. (Sec. 4) Directs each Secretary to publish in the Federal Register notice of the prospective decision to designate a forest health emergency or high risk area and to select appropriate forest health management activities for such area. Requires compliance with certain Federal laws. Provides for public comment and administrative and judicial review of such decisions (prohibiting administrative review of the designation of a forest health emergency area). Excludes certain Federal lands from any designations or management activities under this Act. (Sec. 6) Directs the Secretaries to jointly prepare and submit to specified congressional leaders and committees an annual Forest Health Report to evaluate forest health on Federal lands. (Sec. 7) Requires summaries of forest health conditions, activities, and expenditures to be included in annual requests from the President to the Congress governing activities of the Bureau of Land Management, Fish and Wildlife Service, or Forest Service. (Sec. 8) Authorizes appropriations for FY 1996 through 2006.
United States · United States Congress · 9 February 1995
Wounded Knee National Tribal Park Establishment Act of 1995 - Directs the Secretary of the Interior to establish the Wounded Knee National Tribal Park consisting of a North and South unit at which national monuments should be erected to memorialize the Indian victims of the 1890 Wounded Knee Massacre. Directs the Secretary to enter into cooperative agreements with the Cheyenne River Sioux (for the North unit) and the Oglala Sioux (for the South unit) tribes to carry out planning, design, construction, operation, maintenance, and replacement activities at monument sites at their respective unit. Authorizes the Secretary to provide technical assistance to both tribes, as well as training and employment to tribal members in the operation and maintenance of both units. (Sec. 5) Authorizes each such tribe to acquire lands for inclusion in the North or South unit of the Park. Allows the Secretary to provide financial assistance for such purchases. Directs each tribe to manage its respective unit. (Sec. 7) Directs the Secretary to plan, design, and construct the national monuments on each Park unit after consultation with an advisory committee established under this Act. Requires the Secretary to complete and report to the Congress on feasibility studies to: (1) establish and mark the route taken by Chief Big Foot and his band from the Cheyenne River Indian Reservation to Wounded Knee as a national historic trail; and (2) establish a visitor information and orientation center on the Cheyenne River Indian Reservation. (Sec. 8) Establishes the Wounded Knee National Tribal Park Advisory Commission. (Sec. 9) Authorizes either tribe or its designated agency or authority to enter into an agreement with a nonprofit corporation to raise funds from private sources to be used in lieu of, or to supplement, any Federal funds made available by appropriations for Park purposes. (Sec. 11) Authorizes appropriations.
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 · 3 February 1995
Comprehensive Wetlands Conservation and Management Act of 1995 - Amends the Federal Water Pollution Control Act to prohibit, unless such activity is undertaken pursuant to a permit issued by the Secretary of the Army: (1) the discharge of dredged or fill material into U.S. waters; or (2) the draining, channelization, or excavation of wetlands. (Sec. 3) Requires the Secretary, upon receiving permit applications, to: (1) classify as Type A wetlands those that are of critical significance to the long-term conservation of an ecosystem and meet other specified conditions; (2) classify as Type B wetlands those that provide habitat for a significant population of wildlife or provide other significant wetlands functions and values; and (3) classify as Type C wetlands those that serve marginal functions but exist in such abundance that regulation of activities is not necessary to conserve wetlands values and functions, are prior converted cropland, are fastlands, or are lands within areas that do not serve significant wetlands functions and values. Prohibits more than 20 percent of any county, parish, or borough from being classified as Type A wetlands. Permits owners of interests in Type A wetlands to seek compensation for the fair market value of such lands. Provides that title for such lands shall pass to the United States on acceptance of an offer for compensation. Requires the Secretary to deny a permit authorizing activities in Type A wetlands unless: (1) such activities can be undertaken with minimal alteration or disturbance; or (2) the proposed use of the land will result in overall environmental benefits. Authorizes the Secretary to issue a permit for activities in Type B wetlands subject to conditions that ensure that the wetland ecosystem does not suffer loss or degradation. Imposes requirements for mitigation when such activities result in permanent wetland loss or degradation. Directs the Secretary to establish a mitigation banking program in each State to ensure compensation for loss and degradation of wetlands. Requires the primary objective of such programs to be to provide for the restoration, enhancement, or creation of ecologically significant wetlands on an ecosystem basis. Exempts specified activities from this Act's requirements. Authorizes the Secretary to establish standards to govern the delineation of wetlands, to be binding on all Federal agencies. Requires the Director of the U.S. Fish and Wildlife Service to conduct a project to identify and classify U.S. wetlands. Authorizes civil actions and prescribes penalties for permit violations. Authorizes States to administer permit programs for activities covered by this Act, subject to the Secretary's approval.
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 · 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 · 24 January 1995
Amends Internal Revenue Code provisions relating to the income tax deduction for the health insurance costs of self-employed individuals to: (1) make the deduction permanent; and (2) increase the allowable deduction from 25 percent to 100 percent by 1997.
United States · United States Congress · 19 January 1995
Paperwork Reduction Act of 1995 - Amends the Paperwork Reduction Act of 1980 to: (1) extend its purview to educational and nonprofit institutions, Federal contractors, and tribal governments; (2) revise the authority and functions of the Office of Information and Regulatory Affairs (OIRA) in the Office of Management and Budget (OMB), specifying information dissemination and related agency oversight responsibilities; and (3) require OMB to conduct pilot projects to test alternative policies and procedures, and to develop a government wide strategic information resources management plan. Requires the OIRA Director to establish an Interagency Council on Statistical Policy. Requires each Federal agency to: (1) establish a process, independent of program responsibility, to evaluate proposed collections of information; (2) establish a permanent information resources management steering committee; and (3) ensure that the public has timely and equitable access to information products and services. Prohibits agencies, except where specifically authorized by statute, from: (1) establishing exclusive, restricted, or other distribution arrangements that interfere with timely and equitable public availability; (2) restricting or regulating the use, resale, or redissemination of public information by the public; (3) charging fees or royalties for resale or redissemination of public information; or (4) establishing user fees that exceed the cost of dissemination. Specifies actions agencies must take with respect to information technology. Replaces the Federal Information Locator System with an agency-based electronic Government Information Locator Service to identify the major information systems, holdings, and dissemination products of each agency. Reauthorizes appropriations for OIRA.
United States · United States Congress · 19 January 1995
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
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
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 · 17 January 1995
Constitutional Amendment - Limits a person to three consecutive terms in the Senate and seven consecutive terms in the House of Representatives (excluding partial terms in each case).
United States · United States Congress · 13 January 1995
Congressional Annuity Reform Act of 1995 - Amends provisions concerning the Civil Service Retirement System (CSRS) and the Federal Employees' Retirement System (FERS) to: (1) limit the maximum CSRS annuity payable to Members of Congress with respect to cost of living adjustments (COLAs) to the final pay of the Member with respect to whom the annuity is paid; and (2) make other changes in the computation of CSRS and FERS annuities payable to Members, including eliminating adjustments for previous service as a congressional employee. Provides for the deduction and withholding of seven percent (currently, eight and seven and a half percent, respectively) of the basic pay of a Member or congressional employee under CSRS, thus making such deduction and withholding equivalent to that of a Federal employee. Makes deductions and withholding under FERS for Members and congressional employees conform to those of Federal employees as well. Makes provisions of this Act regarding: (1) COLA adjustments and Member annuities applicable to annuities commencing on or after November 6, 1996; (2) computation of annuities and years of service applicable to service performed after such date; and (3) contribution rates applicable in the first pay period beginning on or after such date.
United States · United States Congress · 12 January 1995
Regulatory Transition Act of 1995 - Establishes a moratorium on Federal regulatory rulemaking actions from November 9, 1994, through June 30, 1995, with certain emergency exceptions for presidentially designated imminent threats to health or safety, or actions necessary for enforcement of criminal laws. Suspends until July 1, 1995, starting 30 days after enactment of this Act, the effectiveness of any such action taken after November 9, 1994, but before enactment of this Act. Requires the President to inventory and publish in the Federal Register a list of all covered regulatory rulemaking actions pending on the date of enactment of this Act. Authorizes civil actions by anyone adversely affected by any conduct of a Federal agency in violation of this Act.
United States · United States Congress · 11 January 1995
Farm, Ranch, and Homestead Protection Act of 1995 - Amends the Endangered Species Act of 1973 to prohibit the Secretary of the Interior, until the Act's reauthorization, from: (1) determining that a species is an endangered or threatened species; or (2) designating a species habitat as a critical habitat. Exempts Federal agencies, until the Act's reauthorization, from complying with specified requirements, including: (1) carrying out programs for the conservation of threatened and endangered species; and (2) insuring that Federal actions are not likely to jeopardize the continued existence of endangered or threatened species or result in the destruction of habitat.
United States · United States Congress · 10 January 1995
Professional Boxing Safety Act - Allows a professional boxing match to be held in the United States only if: (1) the State where the match is to be held has a State boxing commission or the promoter who seeks to put on a boxing event in a State that does not have a commission has entered into an agreement with the chief administrative officer of a State that does to oversee the match; and (2) the commission has established procedures to carry out this Act. Requires each professional boxer to register with the commission of the State in which such boxer resides or, in the case of a boxer who is a resident of a foreign country or a State in which there is no such commission, the commission of any State that has a commission. Directs a commission to issue to each professional boxer who registers in accordance with such provisions an identification card that contains: (1) a recent photograph of the boxer; (2) the social security number of the boxer (or, in the case of a foreign boxer, any similar citizen identification number or professional boxer number from the boxer's country of residence); and (3) the personal identification numbers assigned to the boxer by the boxing registries certified by the Association of Boxing Commissioners. Requires each professional boxer to: (1) renew his or her identification card at least once every three years; and (2) present such card to the commission not later than the time of the weigh-in for a professional boxing match. Declares that nothing in this Act shall prevent States from applying additional registration requirements. Directs each commission to establish procedures to: (1) evaluate the professional records of each boxer participating in a match in the State; (2) ensure that no boxer is permitted to box while under suspension from any commission due to injury or other medical-related reason, including a recent knockout, injury, or requirement for a medical procedure, failure of a drug test, poor boxing skills or inability to compete safely, the use of false aliases, or falsifying or attempting to falsify official identification cards or documents; and (3) ensure that if such commission is considering permitting a boxer, promoter, manager, or other licensee to participate in a boxing event while the individual is under suspension from any State for reasons other than those stated above, such commission shall notify and consult with the chief administrative officer of the State that ordered the suspension prior to approving such participation. Requires the results of a match and the suspension of a boxer, promoter, or manager ordered by a commission to be reported to the professional boxing registries certified by the Association of Boxing Commissions and to the Florida State Athletic Commission within 48 business hours. Specifies that if the State of Florida ceases to publish and circulate a national suspension list at no cost to other States on a frequent basis, the Association shall select a different public or private entity to voluntarily undertake to compile and circulate a suspension list to all commissions at no cost. Authorizes the U.S. Attorney to bring a civil action in U.S. district court requesting relief to restrain a person or entity from continuing to engage in, or to sanction, a match in violation of this Act. Imposes criminal penalties on each manager, promoter, matchmaker (i.e., a person or business that proposes, selects, and arranges the boxers to participate in a professional boxing event), and licensee who knowingly and willfully violates this Act.
United States · United States Congress · 10 January 1995
Court Reporter Fair Labor Amendments of 1995 - Amends the Fair Labor Standards Act of 1938 to allow an exemption from certain Federal wage and hour requirements for State and local official court reporters while they are performing transcription duties for a private party outside of normal working hours, provided there is an understanding between the court reporters and their State or local court employer.
United States · United States Congress · 4 January 1995
TABLE OF CONTENTS: Title I: Conservation and Management Title II: Fishery Monitoring and Research Title III: Fisheries Stock Recovery Financing Sustainable Fisheries Act - Title I: Conservation and Management - Amends the Magnuson Fishery Conservation and Management Act to include among its purposes the advocacy of fishery habitat protection. (Sec. 104) Authorizes appropriations for FY 1993 through 1999 to carry out such Act. (Sec. 107) Revises the guidelines governing permits for foreign fishing vessels. (Sec. 108) Repeals the large-scale driftnet fishing reporting requirements. (Sec. 109) Modifies the national standards for fishery conservation and management to include the mandate that conservation and management measures minimize the incidental catch of non-target living marine resources. (Sec. 110) Expands the number of voting members on the Pacific Fishery Management Council to include one appointed from an Indian tribe with federally recognized fishing rights from a member State. Prescribes selection guidelines for such Indian representative. Authorizes each Regional Fishery Management Council to establish a negotiation panel to assist in the development of specific conservation and management measures for a fishery. (Sec. 111) Modifies the guidelines governing the contents of fishery management plans to include: (1) protection of essential fish habitat; (2) prevention of overfishing; (3) assessment of the level of bycatch; and (4) minimization of mortality caused by discards. Requires the Secretary of Commerce to establish guidelines for individual transferable quotas systems. (Sec. 112) Revises actions by the Secretary after receipt of a fishery management plan. Requires the Secretary to establish the level of fees for fishing vessel permits. (Sec. 113) Requires the Secretary to report annually to the Congress and the Councils on the status of fisheries within each Council's geographical area and identify those fisheries that are approaching a condition of being overfished or are overfished. Requires the appropriate Council to prepare a fishery management plan to prevent or stop overfishing. (Sec. 114) Modifies provisions concerning: (1) State jurisdiction; (2) prohibited acts; (3) civil penalties and permit sanctions; and (4) enforcement. (Sec. 118) Requires the North Pacific Fishery Management Council to include in each fishery management plan conservation and management measures, including fees or other incentives, to reduce bycatch. (Sec. 119) Grants the Secretary discretionary authority to work with interested parties to develop a sustainable development strategy for any fishery classified as overfished or determined to be a commercial fishery failure. Establishes an Ocean Conservation Trust Fund to carry out this section. Authorizes appropriations for FY 1995 through 1999 for fishery resource disasters, if such funds are designated by the Congress as an emergency requirement under the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act). Title II: Fishery Monitoring and Research - Directs the Secretary, in cooperation with the Secretary of the department in which the Coast Guard is operating, the States, the Councils, and Marine Fisheries Commissions, to develop recommendations for implementation of a standardized fishing vessel registration and data management system on a national or regional basis. Requires a report to the Congress on the need to include private recreational fishing vessels used exclusively for pleasure into such system. (Sec. 203) Provides for a Council to implement a data collection program specific to the needs of a fishery management plan. (Sec. 204) Directs the Secretary to issue guidelines for the carrying of observers on fishing vessels. (Sec. 205) Directs the Secretary to publish, every three years after enactment of this Act, a strategic plan for fisheries research for the five years immediately following such publication. (Sec. 206) Requires the Secretary to report to specified congressional committees on programs that assess the impact on fishery resources of incidental harvest by shrimp trawl fisheries. Title III: Fisheries Stock Recovery Financing - Fisheries Stock Recovery Financing Act - Amends the Merchant Marine Act, 1936 to authorize guarantees for refinancing fishery stock recovery efforts. (Sec. 303) Requires the financing of fishing vessels and fishery facilities through the Federal Financing Bank, unless placement through such bank is not reasonably available or placement elsewhere is available at lower financing. (Sec. 304) Modifies provisions for fees for guaranteeing obligations with respect to fishing vessels and fishing facilities.
United States · United States Congress · 4 January 1995
Davis-Bacon Repeal Act - Repeals the Davis-Bacon Act (an Act which requires that the locally prevailing wage rate be paid to various classes of laborers and mechanics working under federally-financed or federally-assisted contracts for construction, alteration, and repair of public buildings or public works). Repeals the Copeland Act (an Act which requires certain payroll information reports from Federal contractors to prevent kickbacks).
United States · United States Congress · 4 January 1995
WTO Dispute Settlement Review Commission Act - Establishes the WTO Dispute Settlement Review Commission to review reports of dispute settlement panels or the Appellate Body of the World Trade Organization (WTO) in proceedings initiated by other WTO parties which are adverse to the United States and which are adopted by the Dispute Settlement Body. Requires the Commission to determine whether the panel or the Appellate Body: (1) exceeded its authority; (2) added to the obligations of or diminished the rights of the United States; (3) acted arbitrarily or capriciously, engaged in misconduct, or demonstrably departed from proper procedures; and (4) deviated, in its report, from the applicable standard of review. Requires the Commission, upon an affirmative determination on one or more of these questions, to further determine whether the action of the panel or the Appellate Body materially affected the outcome of its report. Requires the President, upon enactment of a joint resolution directing such action, to negotiate to amend or modify the rules and procedures of the Understanding on Rules and Procedures Governing the Settlement of Disputes with respect to any affirmative determinations submitted to the Congress concerning the action of a panel or the Appellate Body. Provides for a joint resolution withdrawing congressional approval of the WTO agreement, ending U.S. participation in the WTO, if such negotiations do not result in a satisfactory solution. Sets forth provisions governing the participation in WTO panel proceedings of private U.S. persons supportive of the U.S. Government position at issue.
United States · United States Congress · 4 January 1995
Amends the Internal Revenue Code to provide that cash rental of farmland to a member of the decedent's family for a qualified use will not cause recapture of the special estate tax valuation.
United States · United States Congress · 4 January 1995
TABLE OF CONTENTS: Title I: Legislative Accountability and Reform Title II: Regulatory Accountability and Reform Title III: Review of Unfunded Federal Mandates Title IV: Judicial Review Unfunded Mandate Reform Act of 1995 - Prohibits the application of this Act to any proposed Federal legislation or proposed or final Federal regulation that: (1) enforces the constitutional rights of individuals; (2) establishes or enforces any statutory rights that prohibit various specified types of discrimination; (3) requires compliance with accounting and auditing procedures with respect to grants or other money or property provided by the Federal Government; (4) provides for emergency assistance or relief at the request of any State, local, or tribal government (small government); or (5) is designed as emergency legislation or is necessary for national security or international treaty purposes. Requires each Federal agency to provide to the Director of the Congressional Budget Office (CBO) such information and assistance as the Director may reasonably request to assist him or her in carrying out this Act. Title I: Legislative Accountability and Reform - Amends the Congressional Budget and Impoundment Control Act of 1974 and the Congressional Budget Act of 1974 with respect to unfunded Federal mandates. (Sec. 101) Includes tribal governments and the private sector within the purview of mandate analysis by CBO and congressional committees. Requires authorization committees to identify to CBO any Federal mandates in legislation ordered to be reported. Requires the report accompanying any reported legislation with a Federal mandate to contain statements on whether the legislation is intended to preempt any State, local, or tribal law (and the reasons for such intention), as well as individual mandate descriptions, cost-benefit analyses, and statements regarding Federal financial assistance to State, local, and tribal governments for meeting mandate costs. Requires the CBO Director, for each piece of legislation, to prepare and submit the authorizing committee certain statements estimating the direct costs of mandate compliance and the amount of new or increased Federal financial assistance needed to meet such costs, if the estimates indicate at least a $50 million per fiscal year direct cost of all intergovernmental mandates in the legislation, or a $200 million per fiscal year direct cost of private sector mandates. Makes it out of order for the Senate to consider: (1) any reported nonappropriations legislation unless it has a CBO Director report; or (2) any reported nonappropriations legislation containing a Federal intergovernmental mandate with direct costs exceeding the thresholds specified by this Act, unless it provides for new or increased budget, entitlement, or direct spending authority or makes other specified arrangements for each fiscal year to ensure that Federal funds equal or exceed the estimated direct costs of the mandate, or that State, local, and tribal programmatic and financial responsibilities are reduced so they do not exceed the amount of Federal funding. Gives the House Committee on Government Reform and Oversight and the Senate Committee on Governmental Affairs final authority to determine questions on the applicability of this Act to pending bills, joint resolutions, amendments, motions, or conference reports. Requires the direct costs of a Federal mandate for a fiscal year to be determined based on estimates by congressional budget committees. Provides that it shall not be in order in the House of Representatives to consider a rule or order waiving application of these provisions to a bill or joint resolution reported by an authorization committee. (Sec. 102) Amends House rules with regard to the Committee of the Whole and Committee on Rules: (1) to make it always in order in the former to strike from the portion of any bill open to amendment any Federal mandate whose direct costs exceed the prescribed threshold; and (2) to require the latter to include in its reports on waived points of order a separate item identifying all waivers of points of order relating to Federal mandates. (Sec. 103) Provides that, at the request of any congressional committee, the CBO Director shall: (1) consult with and assist it in analyzing the budgetary or financial impact of any proposed legislation that may have a significant impact on the State, local, or tribal government involved or on the private sector; and (2) study any legislative proposal containing a Federal mandate. Requires the CBO Director to conduct continuing studies to enhance comparisons of budget outlays, credit authority, and tax expenditures. Requires any congressional committee that anticipates considering any legislative proposal establishing, amending, or reauthorizing any Federal program likely to have a significant impact on any State, local, or tribal government or on the private sector to include its views and estimates on that proposal to the applicable budget committee. (Sec. 104) Authorizes appropriations to CBO to carry out this Act. (Sec. 106) Repeals the State and Local Government Cost Estimate Act of 1981. Title II: Regulatory Accountability and Reform - Requires each Federal agency to: (1) assess the effects of Federal regulations on State, local, and tribal governments (other than to the extent that such regulations incorporate requirements specifically set forth in legislation) and the private sector, including specifically the availability of resources to carry out any Federal mandates in those regulations; and (2) seek to minimize those burdens that uniquely or significantly affect such governmental entities, consistent with achieving statutory and regulatory objectives. (Sec. 201) Directs each agency to permit elected officials and other representatives of State, local, and tribal governments to provide meaningful and timely input in the development of regulatory proposals containing significant Federal mandates. Requires each agency: (1) before establishing regulatory requirements, to develop plans for notifying small governments of such requirements; and (2) before promulgating any final rule that includes any Federal intergovernmental mandate that may result in State, local, or tribal government and private sector expenditures, in the aggregate, of $100 million or more in any one year, to prepare a written statement of specified estimates and analyses for forwarding to the CBO Director. Authorizes appropriations. (Sec. 204) Directs the Director of the Office of Management and Budget to establish pilot programs in at least two agencies to test innovative approaches to reducing reporting and compliance burdens on small governments. Title III: Review of Unfunded Federal Mandates - Establishes the Commission on Unfunded Federal Mandates to investigate and review the role of unfunded Federal mandates in intergovernmental relations and their impact on local, State, and Federal government objectives and responsibilities. Requires the Commission to make recommendations to the President and the Congress with regard to: (1) consolidating or simplifying unfunded Federal mandates in order to facilitate compliance by State, local, and tribal governments, especially with respect to specific mandates for which the terms of compliance are unnecessarily rigid or complex; (2) terminating unfunded mandates which are duplicative, obsolete, or lacking in practical utility; and (3) temporarily suspending those unfunded mandates which are not vital to public health and safety and which compound the fiscal difficulties of State, local, and tribal governments. (Sec. 307) Authorizes appropriations. Title IV: Judicial Review - Disallows judicial review under this Act.
United States · United States Congress · 4 January 1995
Peace Powers Act of 1995 - Repeals the War Powers Resolution. (Sec. 3) Requires the President, in every possible instance, to consult with the Congress before introducing the armed forces into hostilities or into situations where imminent involvement in hostilities is clearly indicated and to consult regularly with the Congress until such forces are no longer engaged in such hostilities or have been removed from such situations. (Sec. 4) Directs the President, in the absence of a declaration of war, to report to the Speaker of the House and the president of the Senate in any case in which the armed forces are introduced: (1) into hostilities or situations described above; (2) into the territory, airspace, or waters of a foreign nation while equipped for combat, with specified exceptions; or (3) in numbers which substantially enlarge armed forces equipped for combat already located in a foreign nation. Requires such report to set forth: (1) the circumstances necessitating such introduction; (2) the constitutional and legislative authority under which such introduction took place; and (3) the estimated scope and duration of the hostilities or involvement. Provides for continuing reports to the Congress as long as the armed forces are so engaged. (Sec. 5) Amends the United Nations Participation Act to prohibit the President from subordinating any element of the armed forces participating in a United Nations peacekeeping activity to the command or operational control of any foreign nationals unless he submits specified documents to the designated congressional committees or the Congress enacts an Act or joint resolution authorizing such subordination. Lists as the specified documents determinations by the President that: (1) the proposed subordination is in the national security interest (along with a justification for such determination); (2) the unit commanders of the armed forces proposed for subordination will retain the ability to report independently to higher U.S. military authorities; (3) the United States will retain authority to withdraw the armed forces from the activity at any time and to take any action to protect such forces if endangered; (4) the armed forces will remain under U.S. administrative command for purposes of discipline and evaluation; and (5) the proposed foreign command arrangement does not violate the Constitution. (Sec. 6) Requires the President to report to the appropriate congressional committees on the total amount of funds appropriated for national defense purposes after FY 1995 that were expended during the preceding fiscal year for United Nations peacekeeping activities. Permits the payment to the United Nations of the U.S. share of peacekeeping activities, beginning with FY 1996, only to the extent that such share exceeds the total amount appropriated for the preceding fiscal year reduced by the amount of any reimbursement or credit for U.S. support for peacekeeping. (Sec. 7) Provides for notification to the Congress of proposed participation in, or expenditure of funds for, United Nations peacekeeping activities.
United States · United States Congress · 4 January 1995
Private Property Rights Restoration Act - Grants the owner of real property a cause of action against the United States if: (1) the application of a statute, regulation, rule, guideline, or policy of the United States restricts, limits, or otherwise infringes a right to real property that would otherwise exist; and (2) such application would result in a discrete and non-negligible reduction in the fair market value of the affected portion of real property. Specifies that a prima facie case shall be established if the Government action results in a temporary or permanent diminution of fair market value of the affected portion of real property of the lesser of 25 percent or more, or $10,000 or more. Sets forth provisions regarding: (1) jurisdiction; (2) recovery amount; (3) a public nuisance exception; (4) award of costs to a prevailing plaintiff; and (5) the applicable statute of limitations.
United States · United States Congress · 4 January 1995
Amends the Electronic Fund Transfer Act to prohibit the Board of Governors of the Federal Reserve System from applying to electronic benefit transfers established under a State or local governmental entitlement program certain disclosures, protections, responsibilities, and remedies (including, in effect, the liability limits currently applicable to private sector ATM and consumer credit cards), unless the payment under such program is made directly into a consumer's account held by the recipient. Exempts from such prohibition employment related payments established by Federal, State, or local governments.
United States · United States Congress · 4 January 1995
Amends the Internal Revenue Code to apply the special treatment of livestock sold or involuntarily converted on account of drought conditions also to livestock sold or converted because of flood or other weather-related conditions.
United States · United States Congress · 4 January 1995
Amends the Internal Revenue Code to allow a taxpayer reporting on the cash receipts and disbursements method of accounting to elect to include in income crop insurance proceeds and disaster payments in the year of the disaster or in the following year.
United States · United States Congress · 4 January 1995
TABLE OF CONTENTS: Title I: Retirement Savings Incentives Subtitle A: Restoration of IRA Deduction Subtitle B: Nondeductible Tax-Free IRAs Title II: Penalty-Free Distributions Title III: Aid to Families with Dependent Children Savings and Investment Incentive Act of 1995 - Title I: Retirement Savings Incentives - Subtitle A: Restoration of IRA Deduction - Amends the Internal Revenue Code to restore the deduction for individual retirement plans (IRAs). Provides a phase-up of income limits (from 1995 through 1998) with respect to the limitation on the deductibility of contributions to IRAs by active participants in employer-maintained plans. Removes the spousal rule from such limitation. Terminates income limits after December 31, 1998. Provides an inflation adjustment for deductible amounts after 1995. Allows certain spouses a full deduction for contributions to an IRA. Makes certain coins and bullion ineligible as collectible investments for purposes of distributions from an IRA. Coordinates the limit on such deduction with the elective deferral limit under other pension provisions. Subtitle B: Nondeductible Tax-Free IRAs - Allows individuals to establish individual retirement plus (IRA plus) accounts with tax treatment similar to that for individual retirement plans. Makes contributions to such accounts nondeductible. Excludes distributions from such accounts from the gross income of the distributee, if the assets remain in such accounts for at least five years. Allows qualified transfers to be made to such accounts. Establishes penalties for early withdrawals and excess contributions. Title II: Penalty-Free Distributions - Allows distributions from certain retirement plans without penalty to purchase first homes, pay higher education expenses and financially devastating medical expenses, and assist certain unemployed individuals. Title III: Aid to Families with Dependent Children - Amends part A (Aid to Families with Dependent Children) (AFDC) of title IV of the Social Security Act to exclude from AFDC eligibility determinations certain income and resources that are to be used for education, training, and employability purposes. Requires the Secretary of Health and Human Services to report to specified congressional committees on the use of qualified asset accounts. Requires the Secretary to report to the Congress on a revision of the AFDC limit on automobiles in order to increase the employability of AFDC recipients.
United States · United States Congress · 4 January 1995
Constitutional Amendment - Requires a balanced Federal budget, unless a three-fifths roll call vote of both Houses of Congress provides for a specific excess of outlays over receipts. Prohibits an increase in the public debt limit except by a three-fifths roll call vote by both Houses of Congress. Requires the President to submit a balanced budget to the Congress. Prohibits any bill increasing revenue from becoming law unless approved by a majority roll call vote of both Houses.
United States · United States Congress · 30 November 1994
Court Reporter Fair Labor Standards Act of 1994 - Amends the Fair Labor Standards Act of 1938 to allow an exemption from certain Federal wage and hour requirements for State and local official court reporters while they are performing transcription duties for a private party outside of normal working hours, provided there is an understanding between the court reporters and their State or local court employer.