United States · United States Congress · 19 July 1995
TABLE OF CONTENTS: Title I: Tax Reduction and Simplification; Supermajority Required for Tax Changes Subtitle A: Tax Reduction and Simplification Subtitle B: Supermajority Required for Tax Changes Title II: Spending Restraint and Budget Process Reform Subtitle A: Joint Budget Resolution Subtitle B: Zero Based Budgeting and Decennial Sunsetting Subtitle C: Spending Caps on the Growth of Entitlements for Fiscal Years 1996 Through 2002 Subtitle D: Balanced Budget by Fiscal Year 2002 Freedom and Fairness Restoration Act of 1995 - Title I: Tax Reduction and Simplification; Supermajority Required for Tax Changes - Subtitle A: Tax Reduction and Simplification - Amends the Internal Revenue Code to impose a 20 percent tax (17 percent after December 31, 1997) on the taxable income of every individual. Redefines "taxable income" to mean the amount by which wages, retirement distributions, and unemployment compensation exceed the standard deduction. Increases the basic standard deduction and includes an additional standard deduction for dependents. Includes in taxable income the taxable income of each dependent child under the age of 14. Provides for inflation adjustments. (Sec. 102) Replaces the current tax on corporations with a tax on every person engaged in a business activity equal to 20 percent (17 percent after December 31, 1997) of the business taxable income of such person. Makes the person engaged in the business activity liable for the tax. Imposes a tax of 20 percent (17 percent after December 31, 1997) on the value of excludable compensation provided during the year by an employer for the benefit of employees. Makes the employer liable for the tax. (Sec. 103) Repeals: (1) numerous provisions relating to pension plans; and (2) provisions imposing a tax on any employer reversion from a qualified plan. Revises requirements regarding transfers of excess pension assets. (Sec. 104) Repeals from the Internal Revenue Code: (1) the part relating to alternative minimum tax; (2) the part relating to credits against tax; (3) the subtitle relating to estate and gift taxes; and (4) subject to exception, the chapter relating to normal taxes and surtaxes. Subtitle B: Supermajority Required for Tax Changes - Makes it not in order in the House of Representatives or the Senate, unless waived or suspended in the House or the Senate by a three-fifths vote of the Members, to consider any bill, joint resolution, amendment thereto, or conference report thereon that includes any provision that increases an income tax rate, creates an additional tax rate, reduces the standard deduction, or provides any exclusion, deduction, credit, or other benefit that results in a reduction in Federal revenues. Title II: Spending Restraint and Budget Process Reform - Subtitle A: Joint Budget Resolution - Amends the Congressional Budget Act of 1974 to reform the budget process by requiring a joint resolution on the budget instead of the concurrent resolution on the budget. Subtitle B: Zero Based Budgeting and Decennial Sunsetting - Terminates spending authority for unearned entitlements and high-cost discretionary spending programs for FY 1996, and discretionary spending programs (not including high-cost programs) for FY 1997, unless such spending is reauthorized after the date of enactment of this Act. (Sec. 212) Makes it not in order in the House of Representatives or the Senate, unless waived or suspended in the House or the Senate by a three-fifths vote of the Members, to consider any bill, joint resolution, amendment, or conference report that includes any provision appropriating funds unless the appropriation has been previously authorized by law. (Sec. 213) Requires the reauthorization of discretionary spending authority and unearned entitlements every ten years, beginning in the first decennial census year after 2001. Subtitle C: Spending Caps on the Growth of Entitlements for Fiscal Years 1996 Through 2002 - Declares that, for FY 1996 through 2002, the total level of entitlement and mandatory spending, excluding social security, shall not exceed the total level for the previous fiscal year increased by the consumer price index and growth in the eligible population. Requires sequestration as necessary to reduce spending. Provides for making uniform reductions with limitations. Lists programs and activities exempt from sequestration and provides exceptions, limitations, and special rules. Makes it not in order in the House of Representatives or the Senate, unless waived or suspended in the House or the Senate by a three-fifths vote of the Members, to consider any bill, joint resolution, amendment thereto, or conference report thereon that includes any provision having the effect of modifying the application of this subtitle to any entitlement program subject to or exempt from sequestration under this subtitle. Subtitle D: Balanced Budget by Fiscal Year 2002 - Amends the Congressional Budget Act to revise the budget enforcement process. (Sec. 231) Establishes maximum spending amounts for FY 1996 through 2002 and revises sequestration procedures for enforcement. (Sec. 233) Makes it not in order in the House of Representatives or the Senate, unless waived or suspended in the House or the Senate by a three-fifths vote of the Members, to consider any bill, joint resolution, amendment thereto, or conference report thereon that includes any provision that would result in total spending for a fiscal year exceeding the maximum permissible total spending amount for that fiscal year.
United States · United States Congress · 18 July 1995
Amends the National Trails System Act to designate the route from Selma to Montgomery, Alabama (traveled during March 1965 to dramatize the need for voting rights legislation), as a National Historic Trail.
United States · United States Congress · 17 July 1995
Requires a constitutional authority clause to follow the enacting clause of any Act of Congress or the resolving clause of any joint resolution. Requires a similar clause before each title, section, subsection, or paragraph which relies on a different constitutional provision.
United States · United States Congress · 17 July 1995
Amends the Standing Rules of the Senate to require a constitutional authority clause to follow the enacting clause of any Act of Congress or the resolving clause of any joint resolution. Requires a similar clause before each title, section, subsection, or paragraph which relies on a different constitutional provision. Makes it out of order for the Senate to consider legislation that does not comply with this Act.
United States · United States Congress · 13 July 1995
TABLE OF CONTENTS: Title I: Health Care Access, Portability, and Renewability Subtitle A: Group Health Plan Rules Subtitle B: Individual Health Plan Rules Subtitle C: COBRA Clarifications Subtitle D: Private Health Plan Purchasing Coalitions Title II: Application and Enforcement of Standards Title III: Miscellaneous Provisions Health Insurance Reform Act of 1995 - Title I: Health Care Access, Portability, and Renewability - Subtitle A: Group Health Plan Rules - Prohibits insurers from declining to provide coverage, and plans from establishing certain types of requirements, based on health status, medical condition, and similar factors. (Sec. 102) Mandates plan renewability, except for nonpayment of premiums, termination of the plan, or other specified reasons. (Sec. 103) Regulates the circumstances in which a plan may impose a benefit limitation or exclusion because of a preexisting condition. Allows State laws that limit preexisting conditions to shorter periods than the provisions of this paragraph. (Sec. 104) Mandates special enrollment periods for individuals who have certain types of changes in family composition or employment status. (Sec. 105) Regulates disclosures an insurer must make to a small employer (as defined in State law, or employers with not more than 50 employees if not defined in State law). Subtitle B: Individual Health Plan Rules - Prohibits an insurer from establishing, for an individual in a period of previous qualifying coverage, eligibility, continuation, or enrollment requirements based on health status, medical condition, and similar factors. (Sec. 111) Mandates renewability of coverage for individuals, except for nonpayment of premiums, misrepresentation of material fact, or termination of the plan. (Sec. 112) Requires that State law in effect on, or enacted after, enactment of this Act apply in lieu of the standards above in this subtitle unless the Secretary of Health and Human Services determines that the State law is not as effective in providing access. (Sec. 113) Mandates a study and report on ensuring the availability of health insurance to individuals, the need for Federal premium variation standards, and the effectiveness of this Act and State laws in stabilizing the small group health insurance market by providing for the broad pooling of risk. Subtitle C: COBRA Clarifications - Amends the Public Health Service Act, the Employee Retirement Income Security Act of 1974 (ERISA), and the Internal Revenue Code to modify continuation coverage requirements. Subtitle D: Private Health Plan Purchasing Coalitions - Requires a State to certify health plan purchasing coalitions (HPPCs) meeting the requirements of this paragraph. Provides for Federal certification if a State fails to do so. Regulates HPPC organization, duties, and activities. Preempts, for a HPPC meeting these requirements, State fictitious group laws, State rating requirement laws (subject to exception), and other State laws in direct conflict. Applies to HPPCs the requirements of ERISA provisions relating to fiduciary responsibility and administration and enforcement. Title II: Application and Enforcement of Standards - Deems a requirement or standard under this Act imposed on: (1) a plan to be imposed on the insurer; and (2) a self-insured plan to be imposed on the plan sponsor. (Sec. 202) Requires each State to mandate that each plan in the State meet the standards under this Act pursuant to an enforcement plan filed by the State with the Secretary of Labor. Directs the Secretary, for self-insured health plans, to enforce the standards under this Act. Subjects failing plans to civil enforcement under specified ERISA provisions. Provides for Federal enforcement if a State fails to do so. Title III: Miscellaneous Provisions - Amends the Public Health Service Act to allow a health maintenance organization, if notified by a member that a medical savings account has been established for the member and if the member requests, to reduce the basic health services payment by requiring the payment of a deductible for basic health services. Declares that it is the sense of the Senate that the Congress should take steps to further the purposes of this Act.
United States · United States Congress · 29 June 1995
Parental Rights and Responsibilities Act of 1995 - Prohibits the Federal Government or any State or local government, or any official of such a government, from interfering with or usurping the right of a parent to govern the upbringing of a child of the parent. Disallows any exceptions to this Act unless the government or official is able to demonstrate, by appropriate evidence, that such interference or usurpation is valid to accomplish a compelling government interest, in which case only the least amount of interference may be used.
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 · 26 June 1995
Authorizes the Secretary of Defense or the Army to award a military decoration to any person for an act, achievement, or service performed in the Ia Drang Valley (Pleiku) campaign in Vietnam during the Vietnam War while serving on active Army duty. Directs the Secretary of the Army to: (1) review all recommendations for such awards received within 30 days after the enactment of this Act, including those received before such enactment; and (2) report to specified congressional committees concerning review findings, recommendations, and any final actions taken with respect to such awards.
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 · 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 · 20 June 1995
Organ Donation Insert Card Act - Directs the Secretary of the Treasury to include specified organ donation information with income tax refund payments made during a specified period.
United States · United States Congress · 15 June 1995
Prison Construction Block Grant Amendments Act - Repeals provisions of the Violent Crime Control and Law Enforcement Act of 1994 regarding grants for correctional institutions which require States, to be eligible for such grants, to include in their application to the Attorney General assurances that they have a comprehensive correctional plan which represents an integrated approach to the management and operation of correctional facilities and programs and which includes diversion programs, community corrections programs, a prisoner screening and security classification system, appropriate professional training for corrections officers in dealing with violent offenders, prisoner rehabilitation and treatment programs, prisoner work activities and job skills programs, educational programs, a pre-release prisoner assessment to provide risk reduction management, post-release assistance, and an assessment of recidivism rates. Mandates assurances that the States require: (1) each inmate to perform not less than 48 hours of work per week which shall not be waived except as required by security conditions, disciplinary action, or medical certification of a disability that would make it impracticable for prison officials to arrange useful work for the inmate; (2) each inmate to engage in not less than 16 hours of organized educational activities per week; and (3) that prison officials not provide to any inmate failing to meet such requirements specified privileges, including access to television, bodybuilding or weightlifting equipment, or recreational sports, unmonitored telephone calls (with exceptions), or dress, hygiene, grooming, and appearance privileges other than those allowed as standard in the prison.
United States · United States Congress · 14 June 1995
Declares that it is the sense of the Senate that: (1) the United Nations Convention on the Rights of the Child is incompatible with the God-given right and responsibility of parents to raise their children; (2) the Convention has the potential to severely restrict States and the Federal Government in their efforts to protect children and enhance family life; (3) the U.S. Constitution is the ultimate guarantor of rights and privileges to every American, including children; and (4) the President should not sign and transmit the Convention to the Senate.
United States · United States Congress · 12 June 1995
Middle East Peace Compliance Act of 1995 - Declares that the Congress has determined that the Palestine Liberation Organization (PLO) continues to disregard the commitments it has made under specified agreements with Israel. Prohibits U.S. assistance to Palestinians living under the administrative control of the PLO or the Palestinian Authority until the President certifies to the Congress that: (1) the PLO and the Palestinian Authority have complied with the requirements of such agreements; (2) a financial audit has been made by the General Accounting Office (GAO) which provides a full accounting of all U.S. assistance to the Palestinian Authority; (3) the GAO has accounted for all U.S. and international assistance that it believes may have been misused by such entities; (4) the PLO has taken steps to provide information leading to the arrest and extradition to the United States for prosecution of PLO-connected individuals alleged to be responsible for terrorist attacks on specified American citizens or property since 1964; (5) full and fair compensation is provided by the PLO to U.S. victims of PLO terrorism; and (6) equipment and technology for security examination of cargo and vehicles have been made available to Israel. Directs the President to disclose in a classified manner to certain congressional committees the substance of any secret agreements, understandings, or promises, either formal or informal, between the United States and Israel, and the United States and the PLO, connected with the implementation of the Declaration of Principles, that commits the United States to certain courses of action or provisions of assistance. Authorizes the President to suspend specified provisions of Federal law until May 31, 1996, subject to prior approval of the Chairmen of certain congressional committees. Directs the President to request both the PLO and the Palestinian Authority to provide a financial statement of their assets and income for the year before enactment of this Act. Prohibits funds to the Palestinian Authority until the President reports such information to the relevant congressional committees. Prohibits the President from making any commitments or providing funds for any activity for the establishment of a U.S. diplomatic post in any area under the administrative control of the PLO or the Palestinian Authority.
United States · United States Congress · 7 June 1995
Protection of Children from Computer Pornography Act of 1995 - Amends the Federal criminal code to prohibit a remote computer facility operator, electronic communications service provider, or electronic bulletin board service provider from knowingly transmitting, or willfully permitting use of his or her service or facility for transmission of, indecent material to a person under 18 years of age.
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 · 5 June 1995
Church Retirement Benefits Simplification Act of 1995 - Amends the Internal Revenue Code to recodify and revise qualifications for church retirement and pension plans. Makes employee contributions to such plans nonforfeitable. Requires the plan to meet minimum vesting requirements. Recodifies the authority of a church or a convention or association of churches to be treated as an employer making contributions to retirement income accounts. Subjects church-related hospitals and universities to certain coverage and related rules in the case of a contract purchased by a church. Requires distributions from retirement income accounts provided by churches to be in accordance with distributions under cash or deferred arrangements. Provides for determining the beginning date for such distributions. Allows self-employed ministers and chaplains who work for non-church employers to participate in their church plans. Provides that certain rules aggregating employees do not apply to churches. Restores qualified voluntary employee contributions to church plans. Treats self-employed ministers as employees for purposes of certain welfare benefit plans and retirement income accounts. Allows a deduction for contributions to retirement income accounts by such ministers. Provides that a church plan maintained by more than one employer shall not be treated as a single plan. Provides that accounting methods of deferred compensation plans of State and local governments and tax-exempt organizations do not apply to a church plan. Exempts a church plan from the requirement to maintain separate accounts for medical benefits for key employees. Provides that the special rules for computing employee contributions to pension plans do not apply to certain foreign missionaries. Repeals the elective deferral catch-up limitation for church retirement income accounts. Allows church plans to annuitize benefits and increase benefit payments. Provides that rules for self-insured medical reimbursement plans are not applicable to church plans. Provides that retirement benefits of ministers are not subject to the tax on net earnings from self-employment.
United States · United States Congress · 24 May 1995
Grants the consent of the Congress to the amendment to articles I, II, and III of the Historic Chattahoochee Compact between Alabama and Georgia which: (1) provide that the purpose of the Compact is to promote the cooperative development of the Chattahoochee valley's full potential for historic preservation and tourism; (2) make such Compact effective immediately as to the States ratifying it whenever Alabama and Georgia have ratified it and the Congress has given its consent; and (3) permit the two States to establish a joint agency to be known as the Historic Chattahoochee Commission.
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 · 9 May 1995
Jerusalem Embassy Relocation Implementation Act of 1995 - Declares it is U.S. policy that: (1) Jerusalem should be recognized as the capital of the State of Israel; and (2) construction of the U.S. Embassy in Jerusalem should begin no later than December 31, 1996, and officially open no later than May 31, 1999. States that not more than 50 percent of the funds appropriated for FY 1997 and 1999 to the Department of State for "Acquisition and Maintenance of Buildings Abroad" may be obligated in the respective fiscal year until the Secretary of State determines, and reports to the Congress, that (for FY 1997) such construction has begun and that (for FY 1999) the Embassy has opened. Limits the availability of specified amounts of such funds in certain fiscal years until they are expended for: (1) costs associated with relocating the U.S. Embassy to Jerusalem; and (2) the costs for its construction. Requires the Secretary of State to report to the Speaker of the House of Representatives and the Committee on Foreign Relations of the Senate on: (1) the Department of State's plan to implement this Act; and (2) progress made toward opening the U.S. Embassy in Jerusalem.
United States · United States Congress · 9 May 1995
TABLE OF CONTENTS: Title I: Ensuring the Integrity of the Listing and Critical Habitat Designation Processes Title II: Broadening the Recovery Plan to Constitute a Conservation Plan and Making the Conservation Plan Central to the Implementation of the Endangered Species Act of 1973 Title III: Improving the Consultation and Conferencing Processes for Federal Agency Actions Title IV: Ensuring that the Compliance Procedures and Standards for Non-Federal Persons are not More Burdensome than the Procedures and Standards Applicable to Federal Agencies Title V: Providing for Habitat Conservation Incentive Programs Title VI: Other Amendments Making the Endangered Species Act of 1973 More Effective and Less Burdensome Title VII: Authorizing Increased Appropriations Endangered Species Act Reform Act of 1995 - Title I: Ensuring the Integrity of the Listing and Critical Habitat Designation Processes - Amends the Endangered Species Act of 1973 (the Act) to direct the Secretary of the Interior, upon publication of notice of a proposed rulemaking for an action for the determination of an endangered or threatened species status, to provide notice of the right of any interested person to seek peer review of such action. Provides for review and publication of results after such request. (Sec. 102) Directs the Secretary to determine whether a species is endangered or threatened due to the inadequacy of any existing Federal, State, local governmental, and international regulatory mechanisms. (Sec. 103) Requires the Secretary to: (1) make such determinations based on the best reasonably obtainable scientific information; (2) identify and publish in the Federal Register a description of the extent of the use of scientific information in making the appropriate regulation; (3) provide an opportunity for public review and comment on the scientific information used; and (4) require States to adopt the reasonably obtainable scientific information standard when the Secretary enters into cooperative agreements with such States to establish and maintain an adequate and active program for the conservation of endangered and threatened plant species. (Sec. 104) Increases the number of public hearings required with respect to the listing of an endangered or threatened species. Directs the Secretary to consider in such a determination the existence of public or private breeding or hatchery programs for a species. Requires all findings (currently, limited) with respect to a petitioned action to review a determination to be subject to judicial review. (Sec. 107) Changes the standard which allows the Secretary to make an emergency regulation with respect to a species from the presence of conditions imposing a significant risk to the well-being of such species to conditions providing an imminent threat to the existence of such species. Title II: Broadening the Recovery Plan to Constitute a Conservation Plan and Making the Conservation Plan Central to the Implementation of the Endangered Species Act of 1973 - Directs the Secretary, upon a determination that a species is endangered or threatened, to: (1) issue appropriate incidental taking permits; (2) enter into appropriate Federal-State cooperative management agreements with respect to such species; or (3) commence the development of a conservation objective as established under this section. Directs the Secretary to publish a conservation objective for an affected species within 30 days after the issuance of an assessment and planning team report concerning biological, economical, and intergovernmental assessments of the consequences of listing a species as endangered or threatened. Directs the Secretary, after considering such report, to publish a conservation objective, a statement as to whether such objective was established, and a determination of whether to prepare a conservation plan for that species. Provides, with respect to any conservation plan determined necessary by the Secretary, for: (1) a time schedule; (2) plan priorities; (3) alternative strategies to achieve the conservation objective; (4) procedures (consultation, publication and public comment, and hearings); (5) publication of a final conservation plan; and (6) participation by appropriate persons in the development, implementation, and revision of conservation plans. Authorizes the Secretary to designate critical habitats, requiring the best reasonably obtainable scientific information to be used in such designation, and requiring any economic impacts to be considered. Provides instances under which the actions of a Federal agency shall be determined to be consistent with a conservation plan or objective established under this Act. Provides transition provisions for the period before which a conservation objective or plan is established or implemented. Authorizes the suspension of a conservation plan or objective in certain circumstances. Requires the Secretary to report to specified congressional committees on plan or objective implementation and to review and revise such plans or objectives. (Sec. 202) Provides transitional provisions with respect to: (1) expedited conservation plan issuance; (2) existing species recovery plans; and (3) the review and reissuance of biological opinions in conjunction with the issuance of a conservation objective or plan. (Sec. 203) Makes technical and conforming amendments to the Act in order to include conservation objectives and plans with respect to endangered or threatened species, as well as critical habitat designations, within the central focus of management under the Act. Title III: Improving the Consultation and Conferencing Processes for Federal Agency Actions - Requires consultation and conferencing standards between appropriate Federal agencies and the affected States to include an assurance by the Federal agency that a proposed action will not destroy or adversely modify any habitat designated as critical in a manner that is likely to jeopardize the continued existence of the species. Exempts certain actions of the Secretary from the consultation and conferencing requirements. Specifies those agency actions that shall not be considered takings for purposes of a listed species. (Sec. 303) Provides consultation conclusion deadlines. (Currently, such consultation is permitted for 90 days or any period of time mutually agreed upon by the Secretary and the Federal agency.) (Sec. 304) Entitles a permit or license applicant for the taking of a species on an endangered or threatened list to participate fully in any consultation or conferencing required between the Secretary and the Federal agency with respect to such application. (Sec. 305) Provides that if the Secretary determines that a proposed agency action is likely to jeopardize the continued existence of the species, the Secretary shall suggest reasonable and prudent alternatives that impose the least social and economic costs. (Sec. 306) Outlines procedural requirements when the listing or determination related to a species requires consultation on a land use plan or land or resource management plan under specified Federal laws. (Sec. 307) Requires use of the best reasonably obtained scientific information when determining reasonable and prudent alternatives to proposed agency action with respect to an endangered or threatened species. Authorizes a Federal agency to request the President to resolve irreconcilable conflicts between agency actions and other duties assigned to such agency. (Sec. 308) Prohibits the Secretary and the head of any Federal agency, in carrying out actions with respect to endangered or threatened species, from requiring, providing for, or recommending the imposition of any restriction or obligation on the activity of a person that is not otherwise subject to regulation by such agency. (Sec. 309) Requires specified endangered species risk assessment and cost-benefit analyses to be included in the consultation process. (Sec. 310) Terminates the Endangered Species Committee. Authorizes the Secretary and the President to grant exemptions from the Act for national security or major disaster reasons. Title IV: Ensuring That the Compliance Procedures and Standards for Non-Federal Persons Are Not More Burdensome Than the Procedures and Standards Applicable to Federal Agencies - Establishes consultation procedures between the Secretary and non-Federal persons with respect to a determination of consistency with an established conservation plan or objective, including the issuance of a permit when the Secretary determines that the person's activity is not likely to jeopardize the continued existence of the species or when the person has accepted a reasonable and prudent alternative to such activity. Provides for: (1) permit revocation for noncompliance; and (2) permits for incidental takings. (Sec. 402) Defines the "taking" and "harming" of a species for purposes of the Act. (Sec. 403) Excludes specified takings by non-Federal persons from current prohibitions against takings under the Act. (Sec. 404) Authorizes the Secretary, under specified circumstances including notice and opportunity for public hearing, to issue a general permit on a county, parish, State, regional, or nationwide basis for any category of activities that may affect a species that is included on an endangered or threatened list. Limits to five years the duration of such a permit and authorizes the Secretary to revoke or modify the permit upon a determination of greater than minimal impact on the species in question. (Sec. 405) Provides that, with respect to permits issued by the Secretary to non-Federal persons under the Act: (1) the Secretary may not require the applicant to expand the application to include land or water rights not owned by the applicant or to address a species other than the species for which the application is made; (2) no additional measures will be required of a permittee who is already in compliance with the permit, unless extraordinary circumstances are present (with burden of proof upon the Secretary); (3) the Secretary shall pay 50 percent of the costs of implementing the terms and conditions of the permit; (4) the Secretary may issue interim (temporary) permits; and (5) the Secretary may assist such person in the development of a multiple species non-Federal conservation plan for the conservation of more than one endangered or threatened species. (Sec. 406) Authorizes the Secretary and the Secretary of Agriculture to encourage exchanges of land, waters, or related interests other than national park or wilderness units in order to protect habitat on non-Federal lands. Title V: Providing for Habitat Conservation Incentive Programs - Authorizes the Secretary to enter into cooperative agreements with a State or group of States, a political subdivision of a State, or a local government for the administration and management of each area identified as a species' habitat. Provides, with respect to such agreements, for: (1) notification to affected parties; (2) species assessment; (3) submission, notification, and approval of, and public comments with respect to, such agreements; (4) critical habitat designation; (5) procedures for agreement violations; and (6) a Federal cost-sharing requirement of 50 percent of the costs of implementation. (Sec. 502) Provides grants to non-Federal persons for the habitat preservation of endangered or threatened species. Title VI: Other Amendments Making the Endangered Species Act of 1973 More Effective and Less Burdensome - Provides additional requirements to be followed during the release of experimental populations (the release of a species outside of its current range), including that such releases take place only in units of the National Park or National Wildlife Refuge System. (Sec. 602) Directs the Secretary to recognize and authorizes the Secretary to utilize captive propagation to protect or conserve an endangered or threatened species. Authorizes the Secretary to provide annual grants to non-Federal persons for such purposes. (Sec. 604) Provides priority in the issuance of permits for those whose purpose is to conduct research on alternative methods and technologies for reducing the incidental taking of an endangered or threatened species. (Sec. 605) Authorizes the Secretary or the Secretary of the Treasury to pay costs incurred by a person in providing temporary care for any endangered or threatened species. (Sec. 606) Directs the Secretary to provide notice through the Federal Register and appropriate local publications of any hearing or other public meeting required under provisions of the Act. (Sec. 607) Directs the Secretary, in carrying out specified provisions of the Act, to ensure the minimization of the Act's impact on the use and value of private property. Protects the right of private property owners to receive compensation from the Government for the lost use or value of property caused by requirements of the Act. States that certain provisions of the Act do not apply to: (1) privately owned property of five contiguous acres or less, unless activity there presents an imminent threat to the existence of an endangered or threatened species; and (2) other property undertaking activities determined by the Secretary to be unlikely to jeopardize the continued existence of a species. Authorizes the institution of private actions to remedy economic injury caused by provisions of the Act. (Sec. 608) Requires any water rights acquired or used by any party under the Act to be exercised in accordance with the law in the State in which the water will be used. (Sec. 609) Directs the Secretary to pay 50 percent of the costs in excess of $10 million incurred by a non-Federal person or Federal power marketing administration resulting from compliance with any provision of a conservation plan under the Act. Authorizes the Secretary to pay a Federal share of costs less than or equal to $10 million. Directs the Secretary to pay 50 percent of the allowed costs incurred by such parties resulting from consultation requirements under the Act. (Sec. 610) Authorizes the public display or exhibition of living wildlife in order to educate the public about the ecological role and conservation needs of the affected species. Authorizes the issuance of educational permits for such persons. Defines captive-bred wildlife for purposes of the Federal captive-bred wildlife registration system. Title VII: Authorizing Increased Appropriations - Authorizes appropriations for the Act for FY 1996 through 2001. Authorizes appropriations to the Department of the Interior for such fiscal years for: (1) cooperative management agreements; (2) convention implementation; (3) non-Federal conservation planning; and (4) habitat reserve grants.
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 · 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 · 7 April 1995
TABLE OF CONTENTS: Title I: Amendments of Internal Revenue Code of 1986 Subtitle A: Medical Care Savings Accounts Subtitle B: Expansion of COBRA Continuation Coverage Title II: Insurance Reform Subtitle A: Employer Insurance Protections Subtitle B: Guaranteeing Portability of Health Insurance for Individuals Subtitle C: Assuring Health Insurance Coverage for Uninsurable Individuals Health Insurance Portability and Guaranteed Renewability Act of 1995 - Title I: Amendments of Internal Revenue Code of 1986 - Subtitle A: Medical Care Savings Accounts - Amends the Internal Revenue Code (IRC) to provide for medical care savings benefits, under which a portion of a premium would be credited to a participating employee to pay for medical care and amounts remaining (if any) at the end of the year would be deposited to a medical care savings account (medical IRA). (Sec. 102) Defines a "medical care savings account" (MCSA) as a trust for the exclusive benefit of an individual and the individual's spouse and dependents and meeting certain requirements. Provides for the tax treatment of such accounts and their distributions. Treats custodial accounts as a trust if specified criteria are met. Amends various provisions of the IRC (relating to old-age, survivors, and disability insurance, hospital insurance, railroad retirement, unemployment taxes, and withholding) and the Social Security Act (relating to old-age, survivors, and disability insurance) to exclude from the definition of "wages" (or, in the case of provisions relating to railroad retirement, the definition of "compensation") any payment to or for the benefit of an employee if the payment is excludable from gross income. Amends the IRC to exempt MCSAs from provisions imposing a tax on certain prohibited transactions. Imposes a penalty for failure to file required report on a MCSA. (Sec. 103) Allows cafeteria plan flexible spending arrangements to be contributed to a MCSA. Subtitle B: Expansion of COBRA Continuation Coverage - Amends the IRC and the Employee Retirement Income Security Act of 1974 (ERISA) to exempt group health plans maintained by employers who all employ fewer than two (currently, 20) employees from continuation coverage requirements. Modifies requirements regarding the maximum required coverage period. Amends the Public Health Service Act (PHSA) to exempt group health plans maintained by employers who all employ fewer than four (currently, 20) employees from continuation coverage requirements. Modifies requirements regarding the maximum required coverage period. (Sec. 112) Amends the IRC, ERISA, and the PHSA to revise the type of continuation coverage required and general requirements for group health plan continuation coverage. Title II: Insurance Reform - Subtitle A: Employer Insurance Protections - Prohibits any health benefit insurer providing or offering a small group health plan from cancelling or not renewing except for specified reasons or refusing to provide coverage based solely on the nature of the employer's business or industry. Limits premium rate increases and variation (across and within business classes) in index rates. Allows an insurer to use industry as a case characteristic in establishing rates. (Sec. 202) Restricts preexisting condition limitations or exclusions. Requires insurers offering coverage to a small employer to offer coverage to all eligible employees of the small employer and their dependents. (Sec. 203) Amends the IRC to impose a penalty on the failure of an insurer or group health plan to meet the requirements of this subtitle. Subtitle B: Guaranteeing Portability of Health Insurance for Individuals - Declares that this subtitle applies only to health benefit plans delivered or issued to individuals in a State and does not apply to: (1) any employer-based plan; or (2) any eligible individual whose prior similar plan was provided by a State high risk pool, under titles XVIII (Medicare) and XIX (Medicaid) of the Social Security Act, or under another State or Federal program (unless the individual was previously covered as a State or Federal employee). (Sec. 212) Requires an insurer, if an eligible individual or family applies for an individual plan, to either offer or deny coverage to all eligible individuals applying on the application. Regulates preexisting condition exclusions or limitations. Requires an insurer to offer, to a dependent who would otherwise lose eligibility because of certain events, continuation coverage identical to that previously issued. (Sec. 213) Prohibits cancelling or not renewing plans except for specified reasons. Subtitle C: Assuring Health Insurance Coverage for Uninsurable Individuals - Requires each health insurer, health service organization, and health maintenance organization to participate in a high risk health insurance pool in the State in which it operates. Requires that the pool assure the availability of qualified health insurance to uninsurable individuals. Funds the pool by an assessment against such entities on a pro rata basis of lives covered in the State. Allows the assessment to be added by those entities to the costs of their health insurance or coverage. (Sec. 222) Outlines criteria for being considered: (1) uninsurable; and (2) eligible. (Sec. 224) Limits premiums established under the pool.
United States · United States Congress · 6 April 1995
Prostate Cancer Diagnosis and Treatment Act of 1995 - Amends title XVIII (Medicare) of the Social Security Act to provide for coverage of services for the early detection of prostate cancer and certain drug treatments for such cancer. Requires the Secretary of Health and Human Services to establish fee schedules for such services. Amends Federal law to cover such detection and treatment services for veterans as a preventive health service. Amends the Public Health Service Act to authorize appropriations for certain public health programs related to prostate cancer research and education. Directs the Administrator of the Agency for Health Care Policy and Research to: (1) conduct and support prostate cancer health services and screening and treatment procedures; and (2) provide for the development, periodic review, and updating of clinically relevant guidelines, standards of quality, performance measures, and medical review criteria.
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 · 4 April 1995
TABLE OF CONTENTS: Title I: Private Securities Litigation Title II: Financial Fraud Detection and Disclosure Private Securities Enforcement Improvements Act of 1995 - Title I: Private Securities Litigation - Amends the Securities Exchange Act of 1934 to prohibit brokers, dealers, or associated persons from soliciting or accepting referral fees from an attorney for obtaining the representation of a customer in any implied private action. (Sec. 101) Prohibits, unless otherwise ordered by the court, the use of funds disgorged solely as the result of any administrative or court action brought by the Securities and Exchange Commission (SEC) to pay legal expenses incurred by private parties seeking distribution of such funds. Modifies the guidelines for class action litigation, including: (1) recovery by named plaintiffs in the same manner as all other members of the class; (2) court determination of conflicts of interest on the part of counsel with a beneficial interest in the securities that are the subject of the litigation; (3) restrictions on settlements under seal; (4) restrictions on protective orders and sealing of cases; (5) payment of attorney's fees from settlement funds; and (6) disclosure of settlement terms to class members. (Sec. 102) Sets forth special requirements for class action complaints with respect to certification, multiple securities class actions, and an early evaluation procedure employing the services of a mediator. (Sec. 103) States that in any private action under the Act that is based on a fraudulent statement or omission, liability may be established only upon proof that such statement was made knowingly or recklessly by the defendant. (Defines "recklessly" as an extreme departure from standards of ordinary care, presenting a danger of misleading purchasers or sellers that was either known or so obvious that the defendant must have been aware of it.) (Sec. 104) Prescribes guidelines for proportionate liability and contribution among securities fraud defendants, including third-party defendants. (Sec. 105) Amends the Securities Act of 1933, the Securities Exchange Act of 1934, the Investment Company Act of 1940, and the Investment Advisers Act of 1940 to set forth guidelines for prosecution of persons who aid or abet violations of such Acts. (Sec. 106) Establishes a statute of limitations period for implied private rights of action. (Sec. 107) Directs the SEC to: (1) adopt certain rules to provide one or more safe harbors for forward-looking statements concerning the future economic performance of an issuer of securities; and (2) report to certain congressional committees on such rules. Amends the Securities Exchange Act of 1934 to prescribe litigation procedures with respect to safe harbors for forward-looking statements. Title II: Financial Fraud Detection and Disclosure - Modifies requirements for audits conducted by an independent public accountant of an issuer's financial statements to include procedures to: (1) detect illegal acts that would have a direct and material effect on the determination of financial statement amounts; (2) identify related party transactions material to financial statements; and (3) evaluate an issuer's ability to continue as a going concern. Sets forth notification and reporting guidelines for a public accountant who detects illegal activities during the course of an audit. Limits such auditor's liability for complying with such guidelines. Establishes civil penalties for an auditor's noncompliance with this Act.
United States · United States Congress · 30 March 1995
TABLE OF CONTENTS: Title I: Reductions in Government Overregulation Subtitle A: The Home Mortgage Process Subtitle B: Amendments to the Community Reinvestment Act of 1977 Subtitle C: Payment of Interest Act Title II: Streamlining Government Regulation Subtitle A: Eliminating Unnecessary Regulatory Requirements and Procedures Subtitle B: Eliminating Unnecessary Costs and Paperwork Burdens Subtitle C: Eliminating Unnecessary Reporting Requirements Subtitle D: Regulatory Micromanagement Title III: Regulatory Impact on Cost of Credit and Credit Availability Subtitle A: Lowering Compliance Costs to Promote Credit Availability Subtitle B: Disincentives to Risk-Taking Subtitle C: Miscellaneous Nonsupervisory Reforms Economic Growth and Regulatory Paperwork Reduction Act of 1995 - Title I: Reductions in Government Overregulation - Subtitle A: The Home Mortgage Process - Part I: Regulatory Simplification and Uniformity - Amends the Truth in Lending Act (TLA) and the Real Estate Settlement Procedures Act (RESPA) to require the Board of Governors of the Federal Reserve System (the Board) to: (1) eliminate, modify, or simplify disclosure requirements if such action results in uniformity with other statutory disclosure requirements relating to credit transactions; and (2) proscribe imposition of any disclosure requirement unless its effect is to eliminate, modify, or simplify any disclosure required under this Act. (Sec. 103) Exempts from TLA disclosure requirements transactions that the Board determines: (1) are not necessary to effectuate its purposes; or (2) do not provide a measurable benefit in the form of useful information or consumer protection. (Sec. 104) Amends RESPA to repeal requirements that: (1) a federally related mortgage lender disclose to a mortgage loan applicant the servicing of any such mortgages the lender has assigned, sold or transferred during the most recent three calendar years; and (2) a lender that does not service federally related loans similarly disclose any intention to assign, sell or transfer such servicing. Repeals the mandate for model disclosure statements. Excises from the definition of "federally related mortgage loan" any loan secured by a subordinate lien on residential real property (thereby removing second mortgages from RESPA requirements). Directs the Board to ensure that regulations pertaining to the business credit exemption from RESPA jurisdiction include all business credit exempted from the TLA. Part II: Clarifications to Reduce Costs and Regulatory Burdens - Amends the TLA to exempt from its disclosure requirements any credit transactions involving consumers with an annual earned income of more than $200,000 or having net assets in excess of $1,000,000 at the time of the transaction. (Sec. 112) Revises disclosure requirements for adjustable rate home mortgages to permit as an alternative to the currently required table illustration, a statement that a monthly payment may increase or decrease significantly due to annual percentage rate increases. Grants creditors the option of disclosing, in any variable interest rate residential mortgage transaction that is not an open end credit plan, either a statement that the monthly payment may change substantially, or an historical example illustrating the effects of interest rate changes implemented according to the loan program. (Sec. 113) Excludes from the determination of the finance charge for any consumer credit transaction fees imposed by third party closing agents (including settlement agents, attorneys, escrow and title companies) that are neither expressly required nor retained by the creditor (thereby exempting such amounts from TLA disclosure requirements). Exempts from the computation of a finance charge, if they are otherwise itemized and disclosed, certain: (1) taxes on security instruments or evidences of indebtedness; and (2) fees for preparation of loan-related documents and attending or conducting settlement. (Sec. 114) Exempts from the right of rescission certain refinancings or consolidations of debt that are secured by a lien on a consumer's principal dwelling. (Sec. 115) Permits finance charge disclosures for certain consumer credit transactions secured by real property or a dwelling to vary within an accuracy tolerance range of $100. Sets guidelines for per diem interest rate disclosures consumer credit transactions. (Sec. 116) Shields a creditor or assignee from liability in connection with disclosures of: (1) certain fees and charges; and (2) finance charges that fall within certain statutory tolerance limits. (Sec. 117) Modifies the guidelines delimiting an obligor's period of rescission to preclude a consumer from asserting rescission in any action after the earlier of: (1) expiration of the three-year period beginning on the transaction consummation date; or (2) the date of the sale of the property securing an extension of credit. (Sec. 118) Modifies assignee liability guidelines to provide that a violation is apparent on the face of the disclosure statement if the disclosure does not use the format required by law. Prescribes guidelines under which the servicer of a consumer obligation arising from a consumer credit transaction shall not be treated as the assignee of such obligation. (Sec. 119) Repeals the bona fide personal financial emergency condition placed upon exercise of the Board's authority to modify or waive rescission rights arising from a consumer credit transaction. Subtitle B: Amendments to the Community Reinvestment Act of 1977 - Amends the Community Reinvestment Act of 1977 (CRA) to prohibit the appropriate Federal regulatory agency, in the course of examining a financial institution, from imposing recordkeeping or reporting requirements that do not have the effect of eliminating, streamlining, or reducing regulatory burdens upon such institution. (Sec. 132) Exempts small-sized banks with total assets under $250 million from CRA jurisdiction. (Sec. 133) Prescribes guidelines under which each appropriate Federal regulatory agency shall: (1) publish its examination schedule; and (2) provide opportunity for community comment. Authorizes the agency to reconsider, upon request, the rating of an institution. (Sec. 134) Defines a "special purpose bank" as one that does not generally accept deposits from the public in amounts less than $100,000, such as a credit card bank or a trust bank. Mandates that, in assessing the record of special purpose banks in meeting community credit needs, the appropriate Federal regulatory agency: (1) take into consideration the nature of the businesses of such banks; and (2) develop standards under which they may be deemed to comply with CRA requirements consistent with the specific nature of such businesses. Requires the agency, in assessing any financial institution, to give positive consideration to investments and loans made by such institutions that provide benefits to distressed communities, regardless of whether or not the communities are located within the service area of the financial institution. Subtitle C: Payment of Interest Act - Amends the Federal Deposit Insurance Corporation Improvement Act of 1991 to retitle the Truth in Savings Act as the "Payment of Interest Act". Repeals: (1) the finding of the Congress that uniform disclosure of interest and fees charged on consumer deposit accounts strengthens consumer ability to make informed decisions and verify deposit accounts; and (2) the stated purpose of the Truth in Savings Act requiring clear, uniform disclosure of interest rates payable on deposit accounts and the fees assessable against them. Declares instead that: (1) the Truth in Savings Act created unnecessary paperwork, compliance, and liability burdens for depository institutions without enhancing consumer ability to make informed decisions; and (2) the purpose of the Payment of Interest Act is to repeal unnecessary disclosure requirements while retaining the requirement that interest be paid on the full amount of principal in the account for each day of the stated calculation period at the interest rate disclosed by the depository institution. Repeals: (1) the uniform disclosure requirements for interest rates and fees, including annual percentage yields, minimum account and time requirements, and interest penalties; and (2) the proscription against misleading descriptions of free or no-cost accounts, and misleading or inaccurate advertisements. Repeals current law that a depository institution: (1) maintain and distribute a schedule of fees, interest rates, and account restrictions written in readily understood format for each class of accounts being offered; (2) notify account holders of any changes in the schedule; and (3) clearly and conspicuously disclose with each periodic statement to account holders the annual percentage yield earned, the amount of interest earned, the amount of fees or charges imposed, and the number of days in the reporting period. Repeals civil liability guidelines governing class actions. Modifies depository institution liability regarding: (1) notification and adjustment for errors; and (2) continuing and subsequent depository institution failure to pay interest. Title II: Streamlining Government Regulation - Subtitle A: Eliminating Unnecessary Regulatory Requirements and Procedures - Amends the Bank Holding Company Act of 1956 (BHCA) to set forth financial and managerial criteria under which an acquisition of shares by a bank holding company, or a merger or consolidation between registered bank holding companies, shall be deemed to be approved. (Current law requires prior Board approval). (Sec. 202) Amends the Federal Deposit Insurance Act (FDIA) to set forth conditions under which prior approval is not required for any merger, consolidation, asset acquisition, or liabilities assumption, involving only insured depository institutions subsidiaries of the same depository institution holding company. (Sec. 203) Permits any insured depository institution to participate in optional conversion transactions between members of the Bank Insurance Fund and the Savings Association Insurance Fund without the prior written approval of the responsible agency. Repeals: (1) agency guidelines for approval; and (2) the prohibition against transactions which result in the transfer from one Federal deposit insurance fund to the other. Makes the sole criterion for authorization of a conversion transaction without approval that the acquiring, assuming, or resulting depository institution will meet all applicable capital requirements upon consummation of the transaction. (Sec. 204) Amends the Revised Statutes, the Federal Reserve Act (FRA), and the FDIA to delineate conditions under which prior approval is not required for banks under their purview to establish and operate a branch or seasonal agency. (Sec. 205) Amends the Home Owners' Loan Act to remove from its regulatory purview a bank holding company subject to the BHCA. Revises the definition of "savings and loan holding company" to exclude a bank holding company under BHCA jurisdiction. Provides that acquisition of a savings association by a bank holding company under BHCA jurisdiction obviates approval by the Director of the Office of Thrift Supervision. (Sec. 206) Amends the Revised Statutes to repeal the aggregate minimum capital requirements imposed upon a national banking association and its branches. (Sec. 207) Amends the Revised Statutes and the FDIA to exclude from the definition of "branch" an automated teller machine or remote service unit (thus exempting those entities from the approval requirements of such Acts). (Sec. 208) Amends the FRA to prescribe regulatory approval guidelines for investments in bank premises by well capitalized and well managed banks. (Sec. 209) Amends the BHCA to repeal the provision that shares transferred by a bank holding company to a transferee under its control are deemed to be under the holding company's control (thus subject to specified approval requirements). (Sec. 210) Amends the FDIA to repeal the requirement that the appropriate Federal banking agency be notified prior to the appointment or addition of a new director or senior executive officer if the affected insured depository institution or depository institution holding company: (1) has been chartered less than two years; or (2) has undergone a change in control within the preceding two years. Retains such prior notice requirement for troubled insured depository institutions or depository institution holding companies only if the agency determines that prior notice is appropriate. Extends from 30 days up to 90 days the period during which, following notice, the agency may disapprove board of directors or senior executive officer appointments by such institutions or companies. (Sec. 211) Amends the Depository Institutions Management Interlocks Act to revise the prohibition on dual service of management officials to raise the asset-size thresholds of the depository institutions or depository holding companies to which the prohibition applies. Authorizes Federal banking regulatory agencies to adjust such thresholds for inflation. Repeals the 20-year exemption from the dual service prohibition for certain grandfathered directors and management officials (thus permitting them to continue their dual service permanently). Repeals the requirement that each appropriate Federal depository institutions regulatory agency: (1) review according to prescribed criteria the petition of a management official to serve in more than one position (interlocking directorate); and (2) determine whether continuation of such dual service produces an anti-competitive effect. Repeals the criteria governing regulatory approval of management interlocks. (Sec. 212) Amends the FRA to exempt from its proscription against preferential terms in credit extensions to executive officers, directors, or principal shareholders (insider lending) any credit extensions made pursuant to a benefit or compensation program widely available to employees of the member bank. Includes such credit extensions in the Board's authority to waive the proscription against such preferential terms for certain executive officers and directors of controlling nonbank affiliates. Repeals the reporting requirement that: (1) an executive officer of a member bank indebted to another bank submit a written report of such debt to the member bank's board of directors; and (2) a member bank include in its statutory condition of report all loans made since its previous report. Amends the FDIA to repeal Federal banking agency authority to require banks to disclose credit extensions made to their executive officers or principal shareholders. Amends the Bank Holding Company Act Amendments of 1970 to repeal the requirement that bank executive officers and stockholders who own more than a ten percent controlling interest report to the bank's board of directors regarding any credit extensions made to them by a bank maintaining a correspondent account. (Sec. 213) Amends the Federal Financial Institutions Examination Council Act of 1978 to abolish the Appraisal Subcommittee. Amends the Financial Institutions Reform, Recovery, and Enforcement Act of 1989 to transfer the functions of the Appraisal Subcommittee to the Federal Financial Institutions Examination Council. (Sec. 214) Amends the FDIA to exclude automated teller machines and specified bank branches from the definition of "banking branch" (thus exempting them from Federal bank closure notification requirements). Makes such exemption retroactive to the effective date of the Federal Deposit Insurance Corporation Improvement Act of 1991. (Sec. 215) Amends the International Banking Act of 1978 to replace the Board's authority to order a foreign bank to terminate its branch activities in the United States with authority to recommend to the appropriate Federal or State bank official that such branch's license be terminated. Revises the examination guidelines for foreign banks to: (1) direct the Board to rely upon reports of examinations made by the Comptroller of the Currency, the Federal Deposit Insurance Corporation (FDIC), and State bank supervisors (currently the Board coordinates such examinations); and (2) subject a foreign bank to the same on-site examination schedules and cost-of-examination assessments as are imposed upon U.S. banks. Modifies procedural guidelines for Board review of foreign bank applications to establish a U.S. presence. Subtitle B: Eliminating Unnecessary Costs and Paperwork Burdens - Amends the FDIA to: (1) expand from 18 months to 24 months the discretionary timeframe for mandatory on-site examinations of certain small-sized depository institutions; and (2) increase from $175 million to $250 million the asset-size ceiling on the meaning of "small depository institution" which Federal banking agencies may in their discretion determine for examination purposes. (Sec. 222) Amends the Right to Financial Privacy Act to require a Government authority to reimburse a financial institution for assembling or providing financial records pertaining to corporate customers. (Sec. 223) Directs the Federal Financial Institutions Examinations Council, and each Federal banking agency represented on it, to review and report to the Congress on Federal banking regulations at least every ten years to identify unnecessary regulatory requirements imposed upon insured depository institutions.Requires the Council or the pertinent banking agency to eliminate unnecessary regulations to the extent appropriate. Subtitle C: Eliminating Unnecessary Reporting Requirements - Amends the Community Reinvestment Act of 1977 (CRA) to prohibit the imposition upon financial institutions of: (1) recordkeeping requirements that do not result in eliminating, streamlining or reducing regulatory burdens upon the institutions; or (2) loan data collection and reporting requirements. Prohibits public disclosure of loan data by any Federal financial supervisory agency. (Sec. 232) Amends the Federal Home Loan Bank Act (FHLBA) to exempt financial institutions meeting specified criteria from its community support requirements. (Sec. 233) Amends Federal monetary law to: (1) reduce mandatory identification procedures for monetary transactions; and (2) repeal identification reporting requirements regarding certain financial institution customers of depository institutions. (Sec. 235) Amends the Federal Deposit Insurance Corporation Improvement Act of 1991 to repeal the mandate that: (1) insured depository institutions include information on small businesses and small farm lending in their annual reports of condition; and (2) the Board publish annually information on credit availability to small businesses. (Sec. 236) Amends the Home Mortgage Disclosure Act of 1975 to increase from $10 million to $50 million the maximum asset-size of institutions exempt from its purview. Authorizes the Board to exempt from the Act's disclosure requirements institutions whose asset-size is at least $50,000000 if the burden of compliance outweighs the usefulness of the requisite information. Declares that a depository institution shall be deemed to have satisfied the public availability requirements with respect to its mortgage loan transactions if its branch offices provide notice of the availability upon request of such information from the home office. (Sec. 237) Amends FDIA guidelines governing a change in control of insured depository institutions to repeal mandatory reporting by financial institutions (or affiliates) of any loans secured by 25 percent or more of any class of shares of an insured depository institution (stock loans). Subtitle D: Regulatory Micromanagement - Amends the Revised Statutes regarding national banking association director qualifications to extend to all such associations the Comptroller of the Currency's authority to waive citizenship requirements for a minority of the association's directors. Allows the Comptroller to waive State residency requirements. (Sec. 242) Sets a deadline by which each Federal banking agency and the National Credit Union Administration Board must eliminate regulations which require insured depository institutions and credit unions to produce unnecessary internal written policies. (Sec. 243) Amends the FDIA to increase the number of members of the FDIC Board of Directors from five to six. Mandates that one director be appointed from among individuals serving as State bank commissioners or supervisors. Limits such appointment to a single two-year term served without compensation. Limits eligibility to serve as Chairperson or Vice Chairperson of the FDIC Board to residentially appointed directors. Title III: Regulatory Impact on Cost of Credit and Credit Availability - Subtitle A: Lowering Compliance Costs to Promote Credit Availability - Amends FDIA guidelines for improved accountability in financial management to: (1) eliminate the use of an independent public accountant to detect and report violations of law by an insured depository institution or depository institution holding company; (2) alter independent audit committee composition from one composed entirely of outside directors independent of institution management, to one composed of a majority of such independent directors; and (3) require each appropriate Federal banking agency to exempt from the independent audit committee requirement any insured depository institution that has encountered hardships in retaining competent directors on such committee. (Sec. 302) Amends the Equal Credit Opportunity Act and the Fair Housing Act to prohibit an enforcing agency from acquiring or using reports generated by any creditor-conducted review of lending operations to determine compliance with such Acts (thereby encouraging creditors to self-test for compliance with the Acts). (Sec. 303) Amends the Home Owners' Loan Act to revise the exemption from certain non-qualified thrift lender restrictions of specialized savings associations serving transient military personnel to repeal a specified requirement with respect to the association's savings and loan holding company. (Sec. 304) Repeals Federal savings association (association) authority to issue credit cards or engage in credit card operations. Permits an association to deal in credit card loans or education loans without being subject to a percentage-of-assets limitation. Raises from ten percent to 20 percent the percentage-of-assets-limitations ceiling placed upon commercial and agricultural loans offered by an association. Restricts loan amounts exceeding ten percent of an association's total assets to loans made to small businesses. Repeals the five-percent-of-assets loan restriction upon education loans offered by an association. Expands the scope of "qualified thrift lender" to include a domestic building and loan association. Redefines "qualified thrift investment" to cover, as assets includible without limit, educational loans, small business loans, and loans made through credit cards or credit card accounts. Removes the ten-percent-of-assets loan restriction placed upon certain personal, family, household or education loans. (Sec. 305) Amends the FRA, with respect to regulations governing payment system risk or intraday credit, to: (1) require them to include net debit caps appropriate to the credit quality of each Federal Home Loan (FHL) Bank (together with normal fees for daylight overdrafts); or (2) exempt FHL Banks from such regulations. (Sec. 306) Amends the FHLBA to: (1) revise the location requirements for FHL Banks to provide for membership-based-on-convenience; (2) mandate that the FHL Banks contract annually for an annual audit with a single auditor; and (3) preclude the Board from participation in any audit or audit contracting process (other than to establish contract and accounting requirements). (Sec. 308) Amends the BHCA to lift the growth cap restrictions placed upon banks controlled by certain bank holding companies not statutorily treated as bank holding companies. Subtitle B: Disincentives to Risk-Taking - Amends the FDIA and the Federal Credit Union Act to: (1) reinstate the requirement of a showing of irreparable and immediate harm as a prerequisite to attachment of assets and other injunctive relief when the FDIC or the National Credit Union Administration Board acts as conservator or receiver; and (2) confer oversight authority to prohibit removal of assets in cease and desist proceedings if it results in immediate and irreparable harm. Subtitle C: Miscellaneous Nonsupervisory Reforms - Amends the TLA to hold a cardholder liable for unauthorized use of a credit card if the liability exceeds $50 and the cardholder fails to timely notify the card issuer of any unauthorized transaction that appears on the account statement. Amends the Electronic Fund Transfer Act to raise from $50 to $500 a cardholder's liability for unauthorized electronic fund transfers if the cardholder substantially contributed to the unauthorized transfer, including writing on or keeping with the card or other means of access a personal identification or other security code.
United States · United States Congress · 30 March 1995
Amends the Forest and Rangeland Renewable Resources Planning Act of 1974 to require phasing-in of species population increase revisions to National Forest land and resource management plans.
United States · United States Congress · 23 March 1995
TABLE OF CONTENTS: Title I: Findings and Purposes Title II: Property Rights Litigation Relief Title III: Alternative Dispute Resolution Title IV: Private Property Taking Impact Analysis Title V: Private Property Owners Administrative Bill of Rights Title VI: Miscellaneous Omnibus Property Rights Act of 1995 - Title I: Findings and Purposes - Proposes, with specified measures, to encourage and protect the constitutional and legal rights of private property owners against any Federal agency's regulatory or administrative action that adversely affects private property. Title II: Property Rights Litigation Relief - Prohibits Federal and State agencies acting pursuant to Federal mandate from taking private property except for public use and with just compensation to the property owner. (Sec. 204) Requires that such compensation be paid out of the congressionally appropriated funds of any Federal agency whose actions (directly or through a State agency) result in a physical invasion or taking of private property for public use without the owner's consent and at least one of several other circumstances pertain, including that the action: (1) does not substantially advance the stated governmental interest to be achieved by the legislation or regulation on which the action is based; (2) deprives the property, temporarily or permanently, of all or substantially all of its economically beneficial or productive use; or (3) diminishes the property's fair market value by 33 percent or more. Measures "just compensation" as the decrease in fair market value, and any business losses resulting from Federal agency action. Prohibits the filing of claims against a State agency for carrying out a regulatory program mandated or funded by Federal law. (Sec. 205) Amends the Federal judicial code to grant concurrent jurisdiction to the United States District Court and the United States Court of Federal Claims to hear civil actions brought under this Act. Title III: Alternative Dispute Resolution - Provides for settlement or arbitration, upon consent of both parties, of such property rights disputes. Declares that: (1) such dispute resolution shall not be a condition precedent to or an administrative procedure to be exhausted before the filing of a civil action; and (2) awards are to be taken from congressional appropriations of the Federal agency whose actions are at issue. Title IV: Private Property Taking Impact Analysis - Declares that, with specified exceptions, Federal agency actions likely to result in the taking of private property shall be preceded by a written impact analysis available to the public including: (1) the purpose of the action; (2) the likelihood of an interference with private property; (3) the potential Federal liability to property owners; and (4) any alternative actions that would fulfill the same objectives less intrusively. (Sec. 404) Prohibits any action reasonably predicted to result in an uncompensated taking. Title V: Private Property Owners Administrative Bill of Rights - Directs Federal agency heads enforcing the Endangered Species Act and the Federal Water Pollution Control Act to: (1) comply with State and tribal laws; (2) act in the manner least intrusive to private property rights; (3) implement rules and regulations to ensure the protection of those rights; (4) refrain from entering private property to acquire information without the written consent and notice of the owner; and (5) refrain from using data collected on privately owned property to implement or enforce such Acts without providing the property owner with access to and the opportunity to dispute such data. (Sec. 506) Amends the Federal Water Pollution Control Act and the Endangered Species Act of 1973 to establish property owner appeal rights. (Sec. 508) Requires agency heads to provide owners of private property adversely affected by agency action with the option of either: (1) selling the property to the agency for fair market value without use restrictions; (2) receiving compensation for any resulting decrease in the property's fair market value resulting from such restrictions; or (3) entering into arbitration. (Sec. 509) Amends the Endangered Species Act of 1973 to require the Secretary of the Interior to notify all private property owners or lessees of property subject to it of any new management agreement with a non-Federal person that establishes restrictions on property use, providing each of them the opportunity to participate in such agreement. Title VI: Miscellaneous - Sets forth severability provisions and the effective date of this Act.
United States · United States Congress · 22 March 1995
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 · 21 March 1995
Small Business Regulatory Bill of Rights Act - Amends Federal civil service law to enumerate the rights of small entities before (including a voluntary no-fault compliance audit program and a compliance assistance program), during, and after an investigative or enforcement action, with certain exceptions and limitations.
United States · United States Congress · 15 March 1995
State Bank Representation Act - Amends the Federal Deposit Insurance Act to increase the membership of the Board of Directors of the Federal Deposit Insurance Corporation (FDIC) from five to six members. Requires one member of the Board, who shall be appointed by the President, to be a State bank commissioner. Requires each member of the Board appointed by the President (currently, all appointed members) to serve for a term of six years. Requires each State bank commissioner appointed to the Board to serve for a single term of two years. Prohibits the President, in filling the vacancy of a State bank commissioner on the Board, from appointing an individual who: (1) has previously served as a member of the Board; or (2) is serving as the State bank commissioner of the same State as the member who is being replaced. Requires the State bank commissioners serving on the Board to: (1) serve without compensation; and (2) be allowed travel expenses while in the performance of services for the Board.
United States · United States Congress · 9 March 1995
Adoption Assistance for Families Act - Amends the Internal Revenue Code to allow an income tax credit for up to $5,000 of qualified adoption expenses paid or incurred by the taxpayer during the taxable year. Sets forth a formula for reduction of such credit for taxpayers whose adjusted gross income exceeds $60,000. Denies such a credit for any expense for which a deduction or credit is allowable under another Code provision. Defines "qualified adoption expenses" as reasonable and necessary adoption fees, court costs, attorney's fees, and other lawful expenses directly related to legal adoption of a child, but not any expenses paid from any funds received under a Federal, State, or local program. Disqualifies for such a credit any expenses in connection with the adoption of a child of the taxpayer's spouse.
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
National Aquaculture Research Center Act of 1995 - Amends Federal law to transfer the fish research and experimentation program from the Department of the Interior to the Department of Agriculture. Designates the Southeastern Fish Culture Laboratory in Marion, Alabama, as the "Claude Harris National Aquaculture Research Center."
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 · 2 March 1995
Reorganization of the Federal Administrative Judiciary Act - Amends Federal civil service law to reorganize all administrative law judges into an independent Administrative Law Judge Corps, headed by a chief administrative law judge appointed by the President, by and with the advice and consent of the Senate, with each judge of the Corps assigned to a division depending upon the areas of specialization in which the judge has served. Provides for the payment of judges' salaries out of existing fees charged by agencies for such purpose. Requires the chief administrative law judge to conduct a study of the various types and levels of agency review to which decisions of administrative law judges are subject for a report to the President and the Congress. Authorizes appropriations.
United States · United States Congress · 14 February 1995
Stop Turning Out Prisoners Act - Revises provisions of the Violent Crime Control and Law Enforcement Act of 1994 regarding judicial remedies with respect to prison conditions. Specifies that prospective relief in a civil action with respect to prison conditions shall extend no further than necessary to remove the conditions that are causing the deprivation of the Federal rights of individual plaintiffs in that action. Prohibits the court from granting or approving any prospective relief unless it finds that the relief is narrowly drawn and the least intrusive means to remedy the violation of the Federal right. Directs the court, in determining the intrusiveness of the relief, to give substantial weight to any adverse impact on public safety or the operation of a criminal justice system caused by the relief. Prohibits the court, in any such action, from granting or approving any relief whose purpose or effect is to reduce or limit the prison population unless the plaintiff proves that crowding is the primary cause of the deprivation of the Federal right and no other relief will remedy that deprivation. Sets forth provisions regarding: (1) termination of relief (including provision for the automatic termination of prospective relief after a two-year period); (2) procedure for motions affecting prospective relief; (3) standing (grants standing to specified Federal, State, or local officials to oppose the imposition or continuation in effect of relief the purpose or effect of which is to reduce or limit the prison population and to intervene in any proceeding relating to that relief); (4) special masters; and (5) attorney's fees.
United States · United States Congress · 14 February 1995
Expresses the sense of the Congress that the Secretary of the Treasury should submit monthly status reports to certain congressional committees detailing specified aspects of U.S. loan assistance made to the Government of Mexico.
United States · United States Congress · 3 February 1995
Language of Government Act of 1995 - Declares English to be the official language of the U.S. Government. States that the Government has an affirmative obligation to preserve and enhance the role of English as the official language. Requires the Government to conduct its official business in English. Prohibits anyone from being denied Government services because he or she communicates in English.
United States · United States Congress · 2 February 1995
Comprehensive Regulatory Reform Act of 1995 - Amends Federal law to define "major rule" as a rule or a group of closely related rules that the proposing agency or the President determines is likely to have an annual effect on the economy of $50 million or more in reasonably quantifiable increased costs, or has a significant impact on a sector of the economy. (Sec. 2) Authorizes an agency proposing the rule or the President to designate as a major rule any rule or group of closely related rules which is likely to result in: (1) a substantial increase in costs or prices for wage earners, consumers, individual industries, nonprofit organizations, Federal, State, or local government agencies, or geographic regions; or (2) significant adverse effects on competition, employment, investment, productivity, innovation, the environment, public health or safety, or the ability of enterprises whose principal places of business are in the United States to compete in domestic or export markets. Requires each Federal agency, before publishing notice of proposed rulemaking for any rule, to determine whether the rule is or should be designated major. Requires the agency to issue at the time of the notice of proposed rulemaking a draft cost-benefit analysis which shall be summarized in such notice. Prohibits an agency from promulgating a rule unless it finds that: (1) the rule's potential benefits to society outweigh its costs; and (2) such rule will provide greater net benefits to society than reasonable alternatives, including certain market-based mechanisms. Subjects agency and presidential rule determinations or designations to judicial review. Authorizes any person subject to a major rule to petition the agency or the President to perform a cost-benefit analysis. Requires an agency, before a major rule can become final, to submit to the Congress a copy of the rule and a report containing a concise statement on the rule, a complete copy of the cost-benefit analysis, and the proposed effective date of the rule. Prohibits a rule from becoming final if the Congress passes a joint resolution of disapproval. Prohibits the promulgation of any rule that expands Federal jurisdiction beyond the level of regulatory action needed to satisfy statutory requirements. Requires a court reviewing a final agency action to affirm an agency's interpretation of the statute granting authority to promulgate the rule if, in applying traditional principles of statutory construction, it finds that the interpretation is clearly the interpretation of the statute intended by the Congress. Requires the President to: (1) establish procedures for agency compliance with this Act; and (2) monitor, review, and ensure such compliance. Authorizes an affected small entity to petition for the judicial review of a final rule with respect to which an agency: (1) has certified that it would not have a significant economic impact on a substantial number of small entities; or (2) prepared a final regulatory flexibility analysis.
United States · United States Congress · 2 February 1995
Coastal Barrier Technical Corrections Act of 1995 - Amends the Coastal Barrier Resources Act to declare that areas depicted in maps dealt with by this Act are part of the Coastal Barrier Resources System. Directs the Secretary of the Interior to make corrections to specified maps of the System as necessary to ensure that: (1) those maps are consistent with other maps on file with the Secretary; and (2) the System does not include any area that, before enactment of this Act, was part of unit Q01 of the System.
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