datamatters24/research-document-archive huggingface dataset:
I
104TH CONGRESS
1ST SESSION
H. R. 587
To amend title 35, United States Code, with respect to patents on
biotechnological processes.
IN THE HOUSE OF REPRESENTATIVES
JANUARY 19, 1995
Mr. MOORHEAD (for himself, Mr. BOUCHER, Mr. SENSENBRENNER, Mr.
COBLE, Mr. FRANK of Massachusetts, Mr. GALLEGLY, Mr. GOODLATTE,
Mr. GEKAS, Mr. BONO, Mr. CANADY of Florida, and Mr. HOKE) intro-
duced the following bill; which was referred to the Committee on the
Judiciary
A BILL
To amend title 35, United States Code, with respect to
patents on biotechnological processes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
BIOTECHNOLOGICAL PROCESS PATENTS
SEC. 101. CONDITIONS FOR PATENTABILITY; NONOBVIOUS
SUBJECT MATTER.
Section 103 of title 35, United States Code, is
amended—
(1) by designating the first paragraph as sub-
section (a);
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(2) by designating the second paragraph as
subsection (c); and
(3) by inserting after the first paragraph the
following:
‘‘(b)(1) Notwithstanding subsection (a), and upon
timely election by the applicant for patent to proceed
under this subsection, a ‘biotechnological process’ using or
resulting in a composition of matter that is novel under
section 102 and nonobvious under subsection (a) of this
section shall be considered nonobvious if—
‘‘(A) claims to the process and the composition
of matter are contained in either the same applica-
tion for patent or in separate applications having the
same effective filing date; and
‘‘(B) the composition of matter, and the process
at the time it was invented, were owned by the same
person or subject to an obligation of assignment to
the same person.
‘‘(2) A patent issued on a process under paragraph
(1)—
‘‘(A) shall also contain the claims to the com-
position of matter used in or made by that process,
or
‘‘(B) shall, if such composition of matter is
claimed in another patent, be set to expire on the
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same date as such other patent, notwithstanding
section 154.
‘‘(3) For purposes of paragraph (1), the term
‘biotechnological process’ means—
‘‘(A) a process of genetically altering or other-
wise inducing a single- or multi-celled organism to—
‘‘(i) express an exogenous nucleotide se-
quence,
‘‘(ii) inhibit, eliminate, augment, or alter
expression of an endogenous nucleotide se-
quence, or
‘‘(iii) express a specific physiological char-
acteristic not naturally associated with said or-
ganism;
‘‘(B) cell fusion procedures yielding a cell line
that expresses a specific protein, such as a
monoclonal antibody; and
‘‘(C) a method of using a product produced by
a process defined by (A) or (B), or a combination
of (A) and (B).’’.
SEC. 102. PRESUMPTION OF VALIDITY; DEFENSES.
Section 282 of title 35, United States Code, is
amended by inserting after the second sentence of the first
paragraph the following: ‘‘Notwithstanding the preceding
sentence, if a claim to a composition of matter is held in-
SEC. 10. USE OF SERVICES, EQUIPMENT, PERSONNEL, AND
FACILITIES OF OTHER AGENCIES.
(a) IN GENERAL.—With the consent of the appro-
priate agency, the Administrator may, with or without re-
imbursement, use the services, equipment, personnel, and
facilities of Federal agencies and other public and private
agencies, and may cooperate with other public and private
agencies in the use of services, equipment, personnel, and
facilities.
(b) COOPERATION OF OTHER FEDERAL AGENCIES.—
The head of each Federal agency shall cooperate fully with
the Administrator in making the services, equipment, per-
sonnel, and facilities of the Federal agency available to
the Administrator.
(c) SUPPLIES
AND EQUIPMENT.—Notwithstanding
any other provision of law, the head of a Federal agency
may transfer to or receive from the Administration, with-
out reimbursement, supplies and equipment, other than
administrative supplies and equipment.
SEC. 11. ACQUISITION AND MAINTENANCE OF PROPERTY.
(a) IN GENERAL.—The Administrator may—
(1) acquire (by purchase, lease, condemnation,
or otherwise), construct, improve, repair, operate,
and maintain—
(A) air traffic control facilities and equip-
ment,
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valid and that claim was the basis of a determination of
nonobviousness under section 103(b)(1), the process shall
no longer be considered nonobvious solely on the basis of
section 103(b)(1).’’.
SEC. 103. EFFECTIVE DATE.
The amendments made by section 101 shall apply to
any application for patent filed on or after the date of
enactment of this Act and to any application for patent
pending on such date of enactment, including (in either
case) an application for the reissuance of a patent.
Æ
I
104TH CONGRESS
1ST SESSION
H. R. 588
To amend title 23, United States Code, relating to drunk driving.
IN THE HOUSE OF REPRESENTATIVES
JANUARY 19, 1995
Mr. NEAL introduced the following bill; which was referred to the Committee
on Transportation and Infrastructure
A BILL
To amend title 23, United States Code, relating to drunk
driving.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Marion Malley Walsh
Drunk Driving Act of 1995’’.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) Drunk driving crashes cost the United
States 
health 
care 
system 
approximately
$6,000,000,000 in 1993.
(2) Drunk driving crashes cost American busi-
nesses and workers approximately $25,000,000,000
in lost wages in 1993.
(3) It is estimated that alcohol was involved in
45 percent of fatal motor vehicle crashes and in 7
percent of all motor vehicle crashes in 1992.
(4) The 17,699 fatalities in alcohol-related
motor vehicle crashes during 1992 represent an av-
erage of 1 alcohol-related fatality every 30 minutes.
(5) About 355,000 persons were injured in
motor vehicle crashes where police reported that al-
cohol was present—an average of 1 person injured
every 11⁄2 minutes.
(6) More than 1,800,000 drivers were arrested
in 1991 for driving under the influence of alcohol or
narcotics—an arrest rate of 1 for every 92 licensed
drivers in the United States.
(7) In 1992, an average of 35.2 percent of all
fatal motor vehicle crashes during a week were alco-
hol-related, compared to 58.2 percent on weekends.
SEC. 3. DRUNK DRIVING.
Chapter 1 of title 23, United States Code, is amended
by adding at the end the following:
‘‘SEC. 425. POINT OF ORDER.
‘‘(a) IN GENERAL.—It shall not be in order in the
House of Representatives or the Senate to consider—
‘‘(1) any bill or joint resolution that is reported
by a committee unless the committee has published
the statement of the Director pursuant to section
424(a) prior to such consideration, except that this
paragraph shall not apply to any supplemental state-
ment prepared by the Director under section
424(a)(4); or
‘‘(2) any bill, joint resolution, amendment, mo-
tion, or conference report that contains a Federal
intergovernmental mandate having direct costs that
exceed 
the 
threshold 
specified 
in 
section
424(a)(1)(A), or that would cause the direct costs of
any other Federal intergovernmental mandate to ex-
ceed the threshold specified in section 424(a)(1)(A),
unless—
‘‘(A) the bill, joint resolution, amendment,
motion, or conference report provides new budg-
et authority or new entitlement authority in the
House of Representatives or direct spending au-
thority in the Senate for each fiscal year for the
Federal intergovernmental mandates included
in the bill, joint resolution, amendment, motion,
or conference report in an amount that equals
I
104TH CONGRESS
1ST SESSION
H. R. 590
To amend title 49, United States Code, relating to air carrier safety.
IN THE HOUSE OF REPRESENTATIVES
JANUARY 19, 1995
Mr. OBERSTAR introduced the following bill; which was referred to the
Committee on Transportation and Infrastructure
A BILL
To amend title 49, United States Code, relating to air carrier
safety.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. UNIFORM APPLICATION OF MINIMUM SAFETY
STANDARDS FOR AIR CARRIERS.
Section 44701 of title 49, United States Code, is
amended by adding at the end the following:
‘‘(f) STANDARD OF SAFETY FOR AIR CARRIERS.—
Not later than March 1, 1996, the minimum safety stand-
ards prescribed by the Administrator under subsection
(b)(1) shall apply uniformly to all operations by air car-
riers providing air transportation, without regard to the
seating or payload capacity of the aircraft involved; except
that the Administrator may—
‘‘(1) prescribe alternative safety standards for
the operation of aircraft of a type approved by the
Administrator for transportation of no more than 9
passengers (exclusive of flight crew);
‘‘(2) prescribe alternative safety standards for
the operation of an aircraft of a type approved by
the Administrator for transportation of no more
than 30 passengers (exclusive of flight crew) if such
aircraft is not used to provide scheduled air trans-
portation; and
‘‘(3) prescribe alternative safety standards, en-
suring an equivalent level of safety, for the operation
of aircraft of a type designed for the transportation
of no more than 19 passengers (exclusive of flight
crew) for which application for design approval was
made to the Administrator prior to February 17,
1987.
Alternative standards may be prescribed under paragraph
(3) only for specific areas as to which the Administrator
finds that alternative standards are necessary because the
aircraft’s approved design makes compliance with one or
more of the uniform standards impossible.’’.
Æ
I
104TH CONGRESS
1ST SESSION
H. R. 591
To amend the Federal Election Campaign Act of 1971 to ban activities
of political action committees in elections for Federal office and to
reduce the limitation on contributions to candidates by persons other
than multicandidate political committees.
IN THE HOUSE OF REPRESENTATIVES
JANUARY 19, 1995
Mr. POSHARD introduced the following bill; which was referred to the
Committee on House Oversight
A BILL
To amend the Federal Election Campaign Act of 1971 to
ban activities of political action committees in elections
for Federal office and to reduce the limitation on con-
tributions 
to 
candidates 
by 
persons 
other 
than
multicandidate political committees.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. BAN ON ACTIVITIES OF POLITICAL ACTION
COMMITTEES IN ELECTIONS FOR FEDERAL
OFFICE.
(a) IN GENERAL.—Title III of the Federal Election
Campaign Act of 1971 (2 U.S.C. 431 et seq.) is amended
by adding at the end the following new section:
‘‘BAN ON FEDERAL ELECTION ACTIVITIES BY POLITICAL
ACTION COMMITTEES
‘‘SEC. 324. (a) Notwithstanding any other provision
of this Act, no person other than an individual or a politi-
cal committee may make contributions, solicit or receive
contributions, or make expenditures for the purpose of in-
fluencing an election for Federal office.’’.
SEC. 2. REDUCTION IN LIMITATION ON CONTRIBUTIONS TO
CANDIDATES 
BY 
PERSONS 
OTHER 
THAN
MULTICANDIDATE POLITICAL COMMITTEES.
Section 315(a)(1)(A) of the Federal Election Cam-
paign Act of 1971 (2 U.S.C. 441a(a)(1)(A)) is amended
by striking out ‘‘$1,000’’ and inserting in lieu thereof
‘‘$500’’.
Æ
‘‘(3) PRETRIAL CONFERENCE.—A pretrial con-
ference shall be held in each case in which photo-
graphic or electronic media coverage of a proceeding
has been approved. At such conference, the presiding
judge shall review with counsel and the media who
will participate in the photographic or electronic
media coverage the restrictions to be imposed on
such coverage. Counsel shall convey to the court any
concerns of prospective witnesses with respect to the
photographic or electronic media coverage.
‘‘(c) PROHIBITED COVERAGE.—
‘‘(1) 
PROHIBITIONS.—Proceedings 
held 
in
chambers, proceedings closed to the public, and jury
selection shall not be photographed, recorded, or
broadcast under this section. The testimony of police
informants, minors, undercover agents, and in cases
involving sex offenses, the victim and family of the
victim, shall not be photographed, recorded, or
broadcast under this section. Conferences between
an attorney and a client, witness, or aide, between
attorneys, or between counsel and the court at the
bench shall not be recorded or received by sound
equipment. Closeup photography of jurors is prohib-
ited.
I
104TH CONGRESS
1ST SESSION
H. R. 592
To amend the Immigration and Nationality Act to repeal the provision
allowing adjustment of status of unlawful aliens in the United States.
IN THE HOUSE OF REPRESENTATIVES
JANUARY 19, 1995
Mr. ROHRABACHER introduced the following bill; which was referred to the
Committee on the Judiciary
A BILL
To amend the Immigration and Nationality Act to repeal
the provision allowing adjustment of status of unlawful
aliens in the United States.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. REPEAL OF ADJUSTMENT OF STATUS OF UN-
LAWFUL ALIENS.
(a) IN GENERAL.—Subsection (i) of section 245 of
the Immigration and Nationality Act (8 U.S.C. 1255), as
added by section 605(b) of the Department of State and
Related Agencies Appropriations Act, 1995 (Public Law
103–317, 108 stat. 1765), is repealed.
(b) EFFECTIVE DATE.—The repeal made by sub-
section (a) shall apply to applications for adjustment of
status filed before, on, or after the date of the enactment
of this Act, except such applications as were approved as
of the date of the enactment of this Act. In the case of
such an application for adjustment filed, but not approved,
as of the date of the enactment of this Act, the Attorney
General shall promptly refund to the applicant the amount
of the application fee paid.
Æ
I
104TH CONGRESS
1ST SESSION
H. R. 596
To require the identification of certain high-fire-risk Federal forest lands
in the State of Nevada, the clearing of forest fuels in such areas,
and the submission of a fire prevention plan and budget.
IN THE HOUSE OF REPRESENTATIVES
JANUARY 19, 1995
Mrs. VUCANOVICH introduced the following bill; which was referred to the
Committee on Agriculture and, in addition, to the Committee on Re-
sources, for a period to be subsequently determined by the Speaker, in
each case for consideration of such provisions as fall within the jurisdic-
tion of the committee concerned
A BILL
To require the identification of certain high-fire-risk Federal
forest lands in the State of Nevada, the clearing of
forest fuels in such areas, and the submission of a fire
prevention plan and budget.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Nevada Forest Protec-
tion Act’’.
SEC. 2. CONGRESSIONAL FINDINGS.
The Congress finds that—
which there is a capital gain rate differen-
tial—’’.
(B) Subparagraphs (D) and (E) of section
904(b)(3) of such Code are amended to read as
follows:
‘‘(D) CAPITAL
GAIN
RATE
DIFFEREN-
TIAL.—There is a capital gain rate differential
for any taxable year if any rate of tax imposed
by section 11, 511, or 831(a) or (b) (whichever
applies) exceeds the alternative rate of tax
under section 1201(a) (determined without re-
gard to the last sentence of section 11(b)(1)).
‘‘(E) RATE DIFFERENTIAL PORTION.—The
rate differential portion of foreign source net
capital gain, net capital, or the excess of net
capital gain from sources within the United
States over net capital gain, as the case maybe,
is the same proportion of such amount as—
‘‘(i) the excess of the highest rate of
tax specified in section 11(b)(1) over the
alternative rate of tax under section
1201(a), bears to
‘‘(ii) the highest rate of tax specified
in section 11(b)(1).’’
(13) Subsection (d) of section 1044 of such
Code is amended by striking the last sentence.
(14) Section 1402(i)(1) of such Code is amend-
ed to read as follows:
‘‘(1) IN
GENERAL.—In determining the net
earnings from self-employment of any options dealer
or commodities dealer—
‘‘(A) notwithstanding subsection (a)(3)(A),
there shall not be excluded any gain or loss (in
the normal course of the taxpayer’s activity of
dealing in or trading section 1256 contracts)
from section 1256 contracts or property related
to such contracts, and
‘‘(B) the deduction provided by section
1202 shall not apply.’’
(d) CLERICAL AMENDMENT.—The table of sections
for part I of subchapter P of chapter 1 of such Code is
amended by striking the item relating to section 1202 and
inserting the following new item:
‘‘Sec. 1202. Deduction for capital gains.’’
(e) EFFECTIVE DATE.—The amendments made by
this section shall apply to taxable years beginning after
the date of the enactment of this Act.
Æ
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(1) persistent drought and large areas of accu-
mulated fuels in forest lands have caused the 1994
wildfire season to be one of the most severe in
history;
(2) an extreme wildfire danger exists in many
of the forest lands in Nevada, including such lands
in the Lake Tahoe area, which have suffered years
of drought and insect infestation that have resulted
in a forest that is overloaded with fuels;
(3) over 780 wildfires have occurred throughout
the State of Nevada in the 1994 wildfire season and
have involved more than 215,000 acres, including
areas near Caliente, Hallelujah Junction, Panaca,
Lone Mountain, Bull Run, Mahogany Springs, Hol-
brook Junction, and Verdi;
(4) the risk of intense wildfires that pose a seri-
ous threat to the health of forest lands and water-
sheds can be significantly reduced by the reduction
of excessive fuel accumulations, including slash piles
and dead trees that become fuel ladders;
(5) the highest priority for fuel removal should
be placed on areas where the population is greatest
and the interface between urban and wild land cre-
ates a great fire threat to persons and property; and
HR 596 IH
(6) timber sales and fuels reduction projects
should result in major decreases in fuel loading and
emphasis should be placed on handpiling and burn-
ing as well as the removal or burning of
nonmerchantable, smaller, dead trees that are likely
to become fuel ladders.
SEC. 3. IDENTIFICATION OF RISK AREAS AND CLEARING OF
FUELS.
The Secretaries of Agriculture and the Interior shall,
in cooperation with appropriate State and local agencies—
(1) identify any area in the State of Nevada,
within forest lands under the respective jurisdictions
of the Secretaries, that is extremely vulnerable to
wildfire due to the accumulation of forest fuels and
a combination of fire history, extent of human settle-
ment, weather patterns, topography, accessibility,
and visitor intensity; and
(2) take action to reduce excessive accumula-
tions of fuel, including slash piles and dead trees
that become fuel ladders, in such areas.
SEC. 4. FIRE PLAN AND BUDGET.
The Secretaries of Agriculture and the Interior shall
jointly prepare, in consultation and coordination with
other Federal agencies and the State of Nevada, a strate-
gic plan regarding fire prevention for forest lands in the
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State of Nevada under the respective jurisdictions of the
Secretaries and an annual budget for the plan. The Sec-
retaries shall submit the plan and budget to the Congress
not later than March 1, 1995, for inclusion in the 1996
appropriations request.
SEC. 5. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums
as may be necessary to carry out this Act.
Æ
I
104TH CONGRESS
1ST SESSION
H. R. 597
To amend the Agricultural Trade Act of 1978 to establish a condition on
the provision of assistance under the export enhancement program for
the export of durum wheat.
IN THE HOUSE OF REPRESENTATIVES
JANUARY 20, 1995
Mr. ANDREWS introduced the following bill; which was referred to the
Committee on Agriculture
A BILL
To amend the Agricultural Trade Act of 1978 to establish
a condition on the provision of assistance under the
export enhancement program for the export of durum
wheat.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. STOCK TO USE RATIO LIMITATION ON ASSIST-
ANCE 
FOR 
EXPORT 
OF 
DURUM 
WHEAT
UNDER EXPORT ENHANCEMENT PROGRAM.
Section 301(b) of the Agricultural Trade Act of 1978
(7 U.S.C. 5651(b)) is amended by adding at the end the
following new paragraph:
‘‘(9) SPECIAL RULE FOR DURUM WHEAT EX-
PORTS.—In any marketing year for which the pro-
jected stock to use ratio prepared by the Secretary
of Agriculture for durum wheat is less than or equal
to 40 percent, the Commodity Credit Corporation
may not make available any assistance (whether in
the form of agricultural commodities, cash pay-
ments, or other bonus) under this section for the ex-
port of durum wheat.’’.
Æ
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Tribes in Docket 181–D of the Indian Claims Com-
mission, which docket has been transferred to the
United States Court of Federal Claims; and
‘‘(2) ‘Tribes’ means the Confederated Tribes of
the Colville Reservation, a federally recognized In-
dian Tribe.’’.
SEC. 10. CONTRACT PROVISIONS.
In each contract of the Administrator that provides
for the Administrator to sell electric power, transmission,
or related services, and that is in effect after September
30, 1995, the Administrator shall offer to include, or as
the case may be, shall offer to amend to include, provisions
specifying that after September 30, 1995—
(1) the Administrator shall establish rates and
charges on the basis that—
(A) the principal amount of an old capital
investment shall be no greater than the new
principal amount established under section 3 of
this Act;
(B) the interest rate applicable to the un-
paid balance of the new principal amount of an
old capital investment shall be no greater than
the interest rate established under section 4 of
this Act;
I
104TH CONGRESS
1ST SESSION
H. R. 598
To guarantee the ability of licensed pharmacists to conduct the practice
of pharmacy compounding and to ensure their right to the necessary
supply of bulk drug products, subject to applicable State and Federal
laws.
IN THE HOUSE OF REPRESENTATIVES
JANUARY 20, 1995
Mr. BREWSTER (for himself, Mr. DELAY, and Mr. FIELDS of Texas) intro-
duced the following bill; which was referred to the Committee on Com-
merce
A BILL
To guarantee the ability of licensed pharmacists to conduct
the practice of pharmacy compounding and to ensure
their right to the necessary supply of bulk drug products,
subject to applicable State and Federal laws.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Pharmacy
Compounding Preservation Act of 1994.’’
HR 598 IH
SEC. 2. APPLICATIONS OF STATE AND FEDERAL LAW TO
THE 
PRACTICE 
OF 
PHARMACY
COMPOUNDING.
Amend section 210(gg) of the Food, Drug and Cos-
metic Act, 21 U.S.C. 321(gg): ‘‘Notwithstanding any
other provision of law, the provisions of this Act do not
apply to licensed retail pharmacies that compound drugs
in conformance with applicable local laws regulating the
practice of pharmacy and medicine. The provisions of this
Act do not apply to bulk drug products that are intended
to be used by pharmacies for compounding, except to the
extent that such provisions relate directly to the purity
and quality of such bulk drug products.’’.
Æ
I
104TH CONGRESS
1ST SESSION
H. R. 59
To amend the Internal Revenue Code of 1986 to simplify the assessment
and collection of the excise tax on arrows.
IN THE HOUSE OF REPRESENTATIVES
JANUARY 4, 1995
Mr. BARCIA (for himself, Mr. BREWSTER, and Mr. CAMP) introduced the
following bill; which was referred to the Committee on Ways and Means
A BILL
To amend the Internal Revenue Code of 1986 to simplify
the assessment and collection of the excise tax on arrows.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SIMPLIFICATION OF IMPOSITION OF EXCISE
TAX ON ARROWS.
(a) IN GENERAL.—Subsection (b) of section 4161 of
the Internal Revenue Code of 1986 (relating to imposition
of tax) is amended to read as follows:
‘‘(b) BOWS AND ARROWS, ETC.—
‘‘(1) BOWS.—