United States · United States Congress · 7 March 1996
Expresses the sense of the Congress that the People's Republic of China should: (1) reaffirm its commitment to conduct relations with Taiwan by peaceful means; (2) engage in diplomatic negotiations to discuss any disagreement with Taiwan without any threat of military or economic coercion against Taiwan; and (3) immediately live up to its commitment to work for a peaceful resolution of any disagreements with Taiwan and desist from military actions designed to intimidate Taiwan. Calls on Taiwan to adhere to its commitment to negotiate its future relations with the mainland by mutual, not unilateral, decision. Calls for the United States: (1) to maintain its commitment to resist any resort to force or use other forms of coercion that would jeopardize the security, or the social or economic system, of the people on Taiwan, consistent with its undertakings in the Taiwan Relations Act; (2) to maintain a naval presence sufficient to keep open the sea lanes in and near the Taiwan Straits; (3) in the face of the several overt military threats by the People's Republic of China against Taiwan, and consistent with the commitment of the United States under the Taiwan Relations Act, to supply Taiwan with defensive weapons systems; and (4) to assist in defending the people of Taiwan against invasion, missile attack, or blockade by the People's Republic of China.
United States · United States Congress · 1 February 1996
Antitrust Health Care Advancement Act of 1996 - Provides that the following activities shall not be deemed illegal per se in any action under the Federal antitrust laws or similar State law, but shall be judged based on reasonableness: (1) the exchange of information relating to costs, sales, profitability, marketing, prices, or fees of any health care service health care providers solely for, and reasonably required for, establishing a health care provider network (HCPN); (2) the conduct of an HCPN in negotiating, making, or performing a contract for providing health care services to individuals under the terms of a health benefit plan; and (3) the conduct of any HCPN member for the purpose of providing such services under such contract. Directs the Attorney General and the Federal Trade Commission to jointly issue guidelines specifying the enforcement policies and analytical principles that will be applied by the Department of Justice and the Commission with respect to the operation of this Act.
United States · United States Congress · 1 February 1996
Directs the Secretary of the Treasury to reimburse former employees of the White House Travel Office whose employment in that Office was terminated on May 19, 1993, for any legal expenses and related fees they incurred with respect to that termination.
United States · United States Congress · 1 February 1996
Constitutional Amendment - Requires a two-thirds vote of each House of the Congress in order to pass any bill levying a new tax or increasing the rate or base of any tax. Allows the Congress to waive that requirement during war or certain military conflict. Requires all votes under this Amendment to be by yeas and nays and the names of persons voting for and against to be entered in the Journal of each House.
United States · United States Congress · 25 January 1996
Travelgate Victims Restitution Act - Provides for payment of the legal defense expenses incurred by the seven individuals who were terminated from employment with the White House Travel Office on May 19, 1993, in connection with any investigation of the operations of the Office out of funds appropriated before this Act's enactment for use by the Executive Office of the President.
United States · United States Congress · 25 January 1996
Expresses the disapproval of the House of Representatives of the standards proposed by the National Center for History in the Schools for the teaching of U.S. and world history.
United States · United States Congress · 25 January 1996
Condemns the court-martial of Specialist Michael New of the United States Army in response to his refusal to accept United Nations (UN) commanders and wear the UN insignia on his military uniform. Calls on the President, as Commander in Chief of the Armed Forces, to override New's conviction and restore his status with a place of honor in the Army.
United States · United States Congress · 20 December 1995
Directs the Secretary of Veterans Affairs to ensure that: (1) in any case during FY 1996 in which appropriations are not otherwise available for programs, projects, and activities of the Department of Veterans Affairs, payments of existing veterans' benefits and payments to contractors of the Veterans Health Administration for patient health and safety services are still made; and (2) in any case during FY 1996 in which certain Government functions are delayed, deferred, or canceled due to a limitation on the ability to borrow funds, payments of existing veterans' benefits are still made.
United States · United States Congress · 14 December 1995
Savings in Construction Act of 1995 - Amends the Metric Conversion Act of 1975 to define specified terms, including "hard-metric conversion" and "soft-metric conversion." Prohibits Federal agencies from: (1) using construction or procurement guidelines that require the use of hard-metric products if a majority of the related contracts would be likely to result in a certification under this Act; and (2) establishing bidding requirements or preferences for federally-assisted construction contracts that specify the use of hard-metric products if soft-metric production is feasible, and, as certified by an industry representative, hard-metric alternatives are not readily available, would exceed specified capital costs, and would result in negligible benefits, or would reduce competition or create special hardships.
United States · United States Congress · 14 December 1995
Provides that any individual who performs Operation Joint Endeavor services (United Nations-sponsored peacekeeping activities in Bosnia and Herzegovina) shall be entitled to the same tax benefits under specified provisions of the Internal Revenue Code that are provided to U.S. military personnel who perform service in an area designated by the President as a combat zone. Makes this Act effective for periods beginning on or after December 4, 1995.
United States · United States Congress · 13 December 1995
Aircraft Pilot Safety Act of 1995 - Directs the Administrator of the Federal Aviation Administration, after appropriate consultation, to develop an aircraft pilot reporting information and retrieval system containing standardized information on the quality of pilot performances in training activities. Requires all covered air carriers to use such information to evaluate applicants for pilot positions. Provides privacy protection with respect to such information. Directs the Administrator to report to the Congress a description of the aircraft pilot reporting system, as well as information concerning system costs and appropriate recommendations for system administration and necessary additional legislation, including possible legislation limiting the liability of covered air carriers and other persons who utilize the information provided through the system.
United States · United States Congress · 7 December 1995
ESOP Promotion Act of 1995 - Amends the Internal Revenue Code to allow S corporations (certain small business corporations) to participate in employee stock ownership plans (ESOPs). Allows ESOP closely-held corporate sponsors to pay estate tax if an estate transferred the stock of the corporation to an ESOP. Allows the deductibility of ESOP dividends in computing alternative minimum tax if such dividends were paid on employee securities held by an ESOP established or authorized to be established before March 15, 1991. Excludes from gross income transfers of qualified securities in connection with the performance of services if such securities are sold to an ESOP within 60 days of the taxable event. Revises the voting rights requirement for an ESOP under the exclusion for interest on certain loans used to acquire employer securities by requiring that: (1) the employer of the plan has a registration-type class of securities; or (2) the plan allows each participant one vote. Allows for a qualified gratuitous transfer of remainder interest in qualified employer securities to an ESOP following the termination of payments to a charitable remainder annuity trust or a charitable remainder unitrust. Provides that securities acquired by an ESOP in a qualified gratuitous transfer allocated to any person who is related to the decedent or to any person who is a five percent shareholder be treated as having been distributed.
United States · United States Congress · 29 November 1995
Senior Citizens' Right to Work Act of 1995 - Amends title II (Old-Age, Survivors and Disability Insurance) (OASDI) of the Social Security Act to provide, through adjustments in the monthly exempt amount, for increases in the amounts of allowable earnings under the Social Security earnings limit for individuals who have attained retirement age. Retains the current limit on substantial gainful activity earnings applicable to individuals under age 65 who are eligible for disability benefits based on blindness. (Sec. 3) Establishes a Continuing Disability Review Administration Revolving Account for OASDI disability benefits in the Federal Disability Insurance Trust Fund. Directs the Chief Actuary of the Social Security Administration (SSA) to estimate annually the present value of savings to the Federal Old-Age and Survivors Insurance Trust Fund, the Federal Disability Insurance Trust Fund, the Federal Hospital Insurance Trust Fund, and the Federal Supplementary Medical Insurance Trust Fund which will accrue for all years as a result of cessation of benefit payments resulting from continuing disability reviews carried out pursuant to specified requirements during the fiscal year. Directs the Managing Trustee to: (1) transfer to the Account from amounts otherwise in the Trust Fund an amount equal to the estimated savings certified by the Chief Actuary; and (2) make available to the Commissioner of Social Security from funds in the Account an amount certified by the Chief Actuary as currently required to meet expenditures necessary to provide for required continuing disability reviews (including expenditures for the cost of staffing, training, purchase of medical and other evidence, and processing related to appeals and overpayments and related indirect costs). Includes under required information in a specified annual report a final accounting of amounts transferred to the Continuing Disability Review Administration Revolving Account in the Federal Disability Insurance Trust Fund during the year, the amount made available from such Account during such year pursuant to certifications made by the Chief Actuary of the SSA and expenditures made by the Commissioner of Social Security for the specified purposes during the year, including a comparison of the number of continuing disability reviews conducted during the year with the estimated number of continuing disability reviews upon which the estimate of such expenditures was made. Terminates the Continuing Disability Review Administration Revolving Account at the end of FY 2002, and provides that any balance in such Account shall revert to funds otherwise available in the Federal Disability Insurance Trust Fund. Provides for appointment by the Commissioner of a Chief Actuary in the SSA. (Sec. 4) Bases entitlement of stepchildren to child's insurance benefits solely on their actual dependency on stepparent support. Repeals the requirement that the stepchild actually be living with the stepparent. Requires termination of any child's insurance benefits based on the wages and self-employment income of the stepparent six months after the Commissioner is formally notified of the natural parent's divorce from the stepparent. (Sec. 5) Extends the length of time required for recomputation of benefits after normal retirement age. (Sec. 6) Eliminates the role of the SSA in processing attorney's fees. Prohibits any person, agent, or attorney from charging in excess of $4,000 (or, if the Commissioner approves, a higher fee) for services performed in connection with any claim before the Commissioner. Directs a court, in determining a reasonable fee, to take into consideration the amount of the fee, if any, that an attorney may charge the claimant for services (eliminating the current limitation of such fee to 25 percent of the total past-due benefits to which a judgment entitles the claimant). (Sec. 7) Provides that an individual shall not be considered to be disabled for OASDI purposes, or for supplemental security income (SSI) purposes under title XVI of the Act (thus denying them benefits), if alcoholism or drug addiction would be a contributing factor material to the determination of disability. (Continues disability benefits based on a separate disabling condition to individuals also disabled by drug addiction or alcoholism.) Requires the payment of OASDI or SSI benefits based on disability to a representative payee if such payment would serve the interest of an individual who also has an alcoholism or drug addiction condition that prevents the individual from managing such benefits. Requires the Commissioner to refer such individual to the appropriate State agency administering the approved State plan for substance abuse treatment services. Appropriates additional specified amounts to supplement State and Tribal alcohol and substance abuse treatment programs funded under the Public Health Service Act. Requires State or Tribal governments receiving such an allotment to consider as priorities activities relating to the treatment of the abuse of alcohol and other drugs. (Sec. 8) Permits members of the clergy to file to revoke their exemption from social security tax coverage under the Internal Revenue Code.
United States · United States Congress · 28 November 1995
Constitutional Amendment - Declares that: (1) to secure the people's right to acknowledge God according to their conscience, nothing in the Constitution shall prohibit acknowledgement of the religious heritage, beliefs, or traditions of the people or prohibit student-sponsored prayer in public schools; and (2) neither the United States nor any State shall compose any official prayer, compel joining in prayer, or discriminate against religious expression or belief.
United States · United States Congress · 20 November 1995
Senior Citizens' Right to Work Act of 1995 - Amends title II (Old-Age, Survivors and Disability Insurance) of the Social Security Act to provide, through adjustments in the monthly exempt amount, for increases in the amounts of allowable earnings under the Social Security earnings limit for individuals who have attained retirement age.
United States · United States Congress · 18 November 1995
Amends Federal armed forces provisions to provide that: (1) the special rule concerning annual cost-of-living adjustments to retired military pay for individuals who first became members of a uniformed service before August 1, 1986, shall apply only through FY 1996 (currently, FY 1998); and (2) the initial month that such increase is payable shall be March (currently, September) of the year following the effective date of such increase.
United States · United States Congress · 17 November 1995
Authorizes the Speaker of the House of Representatives and the President pro tempore of the Senate to present, on behalf of the Congress, a gold medal to Billy and Ruth Graham in recognition of their outstanding and enduring contributions toward faith, morality, and charity. Authorizes the Secretary of the Treasury to strike and sell bronze duplicates of such medal. Directs the Secretary to transfer from the Numismatic Public Enterprise Fund to the Library of Congress the amount by which the sum of any gifts and donations received by the Secretary to carry out this Act and any proceeds from the sale of bronze duplicates exceeds the total amount of the costs incurred by the Secretary in carrying out this Act.
United States · United States Congress · 16 November 1995
Lake Gaston Protection Act of 1995 - Amends the Federal Water Pollution Control Act to prohibit the Federal Energy Regulatory Commission from granting a license, license amendment, or permit (license) for an activity that will result directly or indirectly in the withdrawal by a State or political subdivision of water from a lake, reservoir, or similar body of water (lake) that is situated in two States unless the Governor of the State in which more than half of the lake is situated certifies that the withdrawal will not adversely affect the environment in, or the economy of, that State. Makes an exception regarding an application for a license for an activity that will occur or affect waters located within a river basin that is subject to an interstate compact, a decree of the Supreme Court, or an Act of Congress that specifically allocates the rights to use such water. Specifies that this Act shall apply to any application made on or after January 1, 1991, unless the application has been granted and is no longer subject to judicial review.
United States · United States Congress · 14 November 1995
Smithsonian Institution Sesquicentennial Commemorative Coin Act - Directs the Secretary of the Treasury to issue five-dollar gold coins and one-dollar silver coins emblematic of the scientific, educational, and cultural significance of the Smithsonian Institution. Mandates that: (1) all but a certain portion of surcharges received from coin sales be paid by the Secretary to the Smithsonian Institution for such purposes as its Board of Regents determines to be appropriate; and (2) a certain portion of such surcharges be dedicated to supporting the operation and activities of the National Numismatic Collection at the National Museum of American History.
United States · United States Congress · 10 November 1995
Amends rule XLIV (financial disclosure) of the Rules of the House of Representatives to require each report filed with the Clerk of the House under title I of the Ethics in Government Act of 1978 for calendar year 1996 or any subsequent calendar year to disclose any gift (including a meal) with a fair market value in excess of $50 (other than personal hospitality of an individual or any gift received from a relative) as adjusted under such Act. Amends rule XLIII (Code of Official Conduct) to allow a House Member, officer, or employee to accept: (1) a gift with a fair market value of $50 (currently, $100) or less; and (2) an offer of free attendance for such individual and his or her spouse or dependent at a widely attended convention, conference, symposium, forum, panel discussion, dinner, viewing, reception, or similar event provided by the sponsor of the event if the individual participates in the event as a speaker or a panel participant by presenting information related to the Congress or matters before the Congress or by performing a ceremonial function appropriate to his or her official position, or if attendance at the event is appropriate to the performance of the official duties or representative function of the individual. Includes within the definition of "free attendance" waiver of all or part of a conference or other fee, the provision of lodging or transportation or the provision of food, refreshments, entertainment, and instructional materials furnished to all attendees as an integral part of the event. Excludes entertainment collateral to the event and food or refreshments taken other than in a group setting with substantially all other attendees. Permits such an individual, spouse, or dependent to accept a sponsor's unsolicited offer of free attendance at a charity event if: (1) the event is sponsored by a tax-exempt organization; (2) all expenses are paid by the sponsoring organization and not by another corporation or individual; (3) the proceeds to charity from the event exceed the costs of the event; and (4) the participation contributes in a tangible way to the success of the event.
United States · United States Congress · 8 November 1995
Powder-Crack Cocaine Penalty Equalization Act of 1995 - Amends the Controlled Substances Act and the Controlled Substances Import and Export Act to make prohibitions and penalties for the manufacture, distribution, sale, possession, importation, or exportation of crack cocaine applicable to the same amounts of powdered cocaine.
United States · United States Congress · 8 November 1995
TABLE OF CONTENTS: Title I: Budget Process Reform Title II: Item Veto and Enhanced Rescission Authority Chapter A: Line-Item Veto Act Chapter B: Enhanced Rescission Authority Title III: General Provisions Budget Enforcement Simplification Trust Act - Title I: Budget Process Reform - Amends the Congressional Budget Act of 1974 (CBA) to revise definitions. (Sec. 102) Amends the CBA to revise the timetable with respect to the congressional budget process from a single fiscal year basis to a biennium. (Sec. 103) Amends the Congressional Budget and Impoundment Control Act of 1974 (CBICA) to require biennial adoption (on each odd-numbered year) of a joint budget resolution, with specified contents. (Sec. 104) Revises the CBA with respect to committee allocations. Provides procedures for contingency reserve funds for natural disasters. (Sec. 105) Provides for a backstop budget resolution. Makes binding for upcoming biennial budget years the amounts and caps established in the most recently enacted joint budget resolution as if they had been enacted for such upcoming years, if a joint resolution on the budget has not yet been enacted by May 15 of any odd numbered year. (Sec. 106) Provides for revisions to joint budget resolutions and spending caps. (Sec. 107) Revises budget enforcement provisions with respect to: (1) enforced spending caps; (2) reporting excess spending; (3) Presidential orders to eliminate excess spending; (4) enforcing discretionary spending limits; (5) enforcing direct spending limits; and (6) certain exempt programs and activities. Establishes special rules for sequestration orders relating to: (1) child support enforcement programs; (2) the Commodity Credit Corporation; (3) regular and extended unemployment compensation; (4) the Federal Employees Health Benefit Fund; (5) the Federal Housing Finance Board; (6) pay for Federal personnel; (7) Medicare; (8) the Postal Service Fund; (9) Department of Energy power marketing administration funds or the Tennessee Valley Authority fund; and (10) businesslike transactions. Sets forth provisions with respect to the current law baseline. Requires the Directors of the Congressional Budget Office and of the Office of Management and Budget to report to the President and the Congress budget baselines for the budget year and at least the subsequent nine fiscal years. Sets forth pay-as-you-go provisions, including: (1) deficit neutral revenue legislation; (2) downward adjustment of spending caps; (3) expiration of tax cuts; and (4) a supermajority required for a waiver. Title II: Item Veto and Enhanced Rescission Authority - Chapter A - Line Item Veto Act - Grants the President legislative line item veto rescission authority. (Sec. 202) Authorizes the President to rescind all or part of any discretionary budget authority or veto any targeted tax benefit if the President determines that such rescission: (1) would help reduce the Federal budget deficit; (2) will not impair any essential Government functions; and (3) will not harm the national interest. Requires the President to notify the Congress of such a rescission or veto by special message after enactment of an appropriations Act providing such budget authority or a revenue or reconciliation Act containing a targeted tax benefit. Allows the President in each special message to propose to reduce the appropriate discretionary spending limit by an amount that does not exceed the total amount of discretionary budget authority rescinded by that message. Requires the President to submit a separate special message for each appropriations Act and for each revenue or reconciliation Act. Authorizes the President to rescind, under the terms of this Act, all or part of any unobligated discretionary budget authority provided by any FY 1996 appropriation Act, if the President notifies the Congress of such rescission by a special message not more than ten calendar days (excluding Sundays) after the date of enactment of this Act. (Sec. 203) Makes such a rescission effective unless the Congress enacts a rescission-receipts disapproval bill. (Sec. 205) Specifies: (1) information to be included in the President's message; and (2) procedures to govern consideration of rescission-receipts disapproval legislation in the Senate and the House of Representatives. (Sec. 206) Requires the Comptroller General to report annually to the Congress: (1) a list of each proposed presidential rescission of discretionary budget authority and veto of a targeted tax benefit submitted through special messages for the fiscal year ending during the preceding calendar year, together with their dollar value, and an indication of whether each rescission of discretionary budget authority or veto of a targeted tax benefit was accepted or rejected by Congress; (2) the total number of proposed presidential rescissions of discretionary budget authority and vetoes of a targeted tax benefit submitted through special messages for the fiscal year ending during the preceding calendar year, together with their total dollar value; (3) the total number of presidential rescissions of discretionary budget authority or vetoes of a targeted tax benefit submitted through special messages for the fiscal year ending during the preceding calendar year and approved by Congress, together with their total dollar value; (4) a list of rescissions of discretionary budget authority initiated by Congress for the fiscal year ending during the preceding calendar year, together with their dollar value, and an indication of whether each such rescission was accepted or rejected by Congress; (5) the total number of rescissions of discretionary budget authority initiated and accepted by Congress for the fiscal year ending during the preceding calendar year, together with their total dollar value; and (6) a summary of the information provided by paragraphs (2), (3), and (5) for each of the ten fiscal years ending before the fiscal year during this calendar year. (Sec. 207) Provides a process of expedited judicial review of provisions of this Act. Chapter B: Enhanced Rescissions - Amends CBICA to provide for expedited consideration of certain proposed rescissions and targeted tax benefits. Makes conforming amendments to CBA. Title III: General Provisions - Sets forth transition rules, effective dates, and conforming amendments. (Sec. 304) Amends Federal law relating to money and finance to add a definition of budget biennium and to revise provisions relating to: (1) budget contents and submission to the Congress; (2) estimated expenditures of legislative and judicial branches; (3) recommendations to meet estimated deficiencies; (4) a statement with respect to certain changes; (5) capital investment analysis; (6) supplemental budget estimates and changes; (7) year-ahead requests for authorizing legislation; and (8) budget information on consulting services. (Sec. 305) Provides that: (1) in the event that any of the provisions of chapter A (Line Item Veto Act) of title II are invalidated by judicial action, all provisions of such chapter are invalidated; and (2) immediately upon a final determination invalidating chapter A of title II, chapter B (Enhanced Rescissions) of title II shall become effective.
United States · United States Congress · 1 November 1995
Older Americans Amendments of 1995 - Revises the Older American Community Service Employment Act (OACSE) and the Older Americans Act of 1965 (OAA-65): (1) renaming them, respectively, the Older American Community Service Employment Act for Fiscal Year 1996 (OACSE-96) and the Older Americans Act of 1995 (OAA-95); (2) reauthorizing and extending the former OACSE program as a modified OACSE-96 program only through FY 1996 at levels lower than those specified for it in FY 1992; and (3) reauthorizing and extending certain OAA-65 programs as modified OAA-95 programs through FY 2001 at levels for FY 1997 generally lower than those specified for such programs in FY 1992, with levels for the remaining authorization period left unspecified. Details new program modifications: (1) eliminating various special offices within the Administration on Aging and giving the Assistant Secretary for Aging responsibility for administering all OAA-95 programs, including a newly added community service employment component under a separate "Older American Community Service Employment Act of 1995" included in OAA-95; (2) revising State and local government authority in designing and operating programs and projects for the aged; (3) combining OAA-related programs, such as the previous congregate and home delivered nutrition services programs, into one single program with associated funding provisions combined as well; (4) eliminating OAA's Title IV Training, Research, and Discretionary Programs component; (5) consolidating OAA's Title VII Elder Rights Protection Program into OAA-95's new supportive service component; and (6) relocating and expanding multipurpose senior center and national volunteer components. Authorizes appropriations.
United States · United States Congress · 19 October 1995
Animal Drug Availability Act of 1995 - Amends Federal Food, Drug, and Cosmetic Act provisions relating to new animal drugs to redefine "substantial evidence" to mean evidence from one or more scientifically sound studies including, as appropriate, in vitro studies, studies in laboratory animals, bioequivalence studies, and any studies voluntarily undertaken by or for the applicant that provide some assurance that the drug will have the intended effect. Excludes a claim for the use of a drug in a minor species or a minor use of a drug from disapproval, if there is an application filed for the drug which is approved prior to the submission of the claim. Allows consideration, when a new animal drug contains more than one active ingredient or its labeling suggests use of the drug in combination with another animal drug, only of whether any of the active ingredients or any of the drugs in the combination, at the longest withdrawal time of any of the active ingredients or drugs in the combination, exceeds its established tolerance or interferes with the methods of analysis for another of the active ingredients or drugs in the combination. Requires the Secretary to issue proposed regulations implementing the provisions of this section which: (1) further define "substantial evidence;" (2) take into account the proposals contained in the citizen petition submitted by the American Veterinary Association and the Animal Health Institute; and (3) provide for the opportunity for a conference to make a decision establishing a submission or an investigational requirement. (Sec. 4) Requires the Secretary to approve or disapprove the application within 90 (currently 180) days of receipt of the application. (Sec. 5) Requires: (1) the Secretary to refer disputed issues received in writing from an applicant to an advisory committee or to a special Government employee; and (2) the committee or employee to submit a report containing recommendations regarding the matter. (Sec. 6) Requires the Secretary to refuse approval of an application if information submitted with respect to the drug indicates that any use suggested in labeling proposed for that drug will result in a unsafe amount of residue. (Sec. 7) Permits the export of an unsafe (as defined in the Act) new animal drug, if it is not in conflict with the laws of the country to which it is exported. (Currently, such export is prohibited.)
United States · United States Congress · 18 October 1995
Amends the National Labor Relations Act to provide that an employer is not required to allow access to its business property to employees or nonemployees for purposes of union organizing, solicitation, distribution, picketing, or other union advocacy or activities, even if the employer allows such access to organizations for charitable, civic, or religious purposes.
United States · United States Congress · 21 September 1995
Compensatory Time for All Workers Act of 1995 - Amends the Fair Labor Standards Act of 1938 to provide compensatory time for all employees. Allows an employee to receive, in lieu of monetary overtime compensation, compensatory time off at a rate not less than one and one-half hours for each hour of employment for which overtime compensation is required under the Act. Limits to not more than 240 hours the amount of compensatory time an employee may accrue (with specified exceptions for public agency employees). Requires payment of overtime compensation for: (1) compensatory time accrued but not used in a calendar year or other designated 12-month period; and (2) unused compensatory time upon termination of employment. Requires employers to permit employees to use compensatory time within a reasonable period after employees request its use if such use does not unduly disrupt employers' operations.
United States · United States Congress · 14 September 1995
Amends the Solid Waste Disposal Act to exclude from the definition of "solid waste" any solid or dissolved materials contained, collected, and reused in an on-site production process that prevents releases to the environment.
United States · United States Congress · 14 September 1995
FEHBP-Medical Savings Account Promotion Act of 1995 - Amends Federal civil service law to permit Federal employees and annuitants enrolled in a catastrophic plan to elect to receive Government contributions into medical savings accounts provided for by this Act under the Federal Employees Health Benefits Program (FEHBP) to cover qualified medical expenses: (1) to the extent such amounts are not compensated for by insurance or otherwise; or (2) for long-term care insurance for the individual, spouse, or dependent. Prohibits the use of account funds to pay for coverage under any kind of health plan except a catastrophic or long-term care insurance plan.
United States · United States Congress · 7 September 1995
TABLE OF CONTENTS: Title I: Private Property Rights and Voluntary Incentives for Private Property Owners Title II: Improving Ability to Comply with the Endangered Species Act of 1973 Title III: Improving Scientific Integrity of Listing Decisions and Procedures Title IV: Recognizing Other Federal Action, Laws, and Missions Title V: Better Management and Conservation of Listed Species Title VI: Habitat Protections Title VII: State Authority to Protect Endangered and Threatened Species Title VIII: Funding of Conservation Measures Title IX: Miscellaneous Provisions Endangered Species Conservation and Management Act of 1995 - Amends the Endangered Species Act of 1973 (the Act) to revise: (1) the findings and purposes of the Act to include consideration of economic impacts and property owners' rights while encouraging practices that protect species; and (2) the policy of the Act to prohibit the Federal Government from using or limiting the use of privately owned property when such action diminishes the value of such property without payment of fair market value to the owner of private property. Title I: Private Property Rights and Voluntary Incentives for Private Property Owners - Amends the Act to prohibit the Government from taking an agency action affecting privately or non-federally owned property under the Act which results in diminishment of value of any portion of that property by 20 percent or more unless compensation is offered in accordance with this title. Requires the Federal agency that takes an action that exceeds that amount to compensate the private property owner for the otherwise lawful use or limitation on such use in the amount of the diminution in value of the portion of that property resulting from such use or limitation. Specifies that, if the diminution in value of a portion of that property is greater than 50 percent, at the option of the owner, the agency shall buy that portion and pay fair market value based on the value of the property before the use or limitation was imposed. Directs that compensation paid reflect the duration of the use or limitation necessary to achieve the purposes of the Act. Sets forth provisions regarding: (1) procedures for written requests for compensation by the owner; (2) agency negotiations with that owner to reach agreement; (3) choice of remedies; (4) arbitration; (5) civil actions (an owner who prevails in a civil action against the agency shall be entitled to the amount of compensation awarded plus reasonable attorney's fees and other litigation costs); (6) source of payments; (7) availability of appropriations (any U.S. obligation to make such a payment shall be subject to the availability of appropriations); and (8) duty of notice to owners of agency actions limiting the use of private property and of procedures for obtaining compensation. (Sec. 102) Requires the Secretary of the Interior (Secretary), in carrying out the program authorized by the Act, to cooperate to the maximum extent practicable with the States and other non-Federal persons, including consultation before acquiring any land or water, or interest therein, for the purpose of conserving any endangered or threatened species. Authorizes the Secretary to enter into a cooperative management agreement with any State or local government or non-Federal person for the management of a species listed as endangered or threatened, to be listed, or which is a candidate for listing, or for the management or acquisition of an area which provides habitat for a species, subject to specified limitations. Sets forth provisions regarding: (1) environmental assessments; (2) the effect of listing a species; and (3) violations of such agreements. (Sec. 103) Authorizes the Secretary to provide grants to certain non-Federal persons for the purpose of conserving, preserving, or improving habitat for any species that is determined to be an endangered or threatened species upon determining that: (1) the property for which the grant is provided contains habitat that significantly contributes to the protection of the population of the species and has been managed for species protection for a sufficient period of time to significantly contribute to the protection of the species population; and (2) the management of the habitat advances the interest of species protection. (Sec. 104) Directs the Secretary to initiate a program to provide technical advice and assistance to non-Federal persons who wish to participate in achieving the conservation objective for a species for which a conservation goal has been adopted. (Sec. 105) Specifies that nothing in the Act shall be construed to supersede, abrogate, or otherwise impair any right or authority of a State to allocate or administer quantities of water. Title II: Improving Ability to Comply With the Endangered Species Act of 1973 - Amends the Act to provide that an activity of a non-Federal person is not a taking of a species if the activity: (1) is consistent with the provisions of a final conservation plan or conservation objective; (2) complies with the terms and conditions of an incidental take permit or a cooperative management agreement; (3) addresses a critical, imminent threat to public health or safety or a catastrophic natural event, or is mandated by any Federal, State, or local government agency for public health or safety purposes; or (4) is incidental to, and not the purpose of, carrying out an otherwise lawful activity that occurs in an area of the territorial sea or exclusive economic zone that is not designated as critical habitat and the affected species is not a species of fish. Makes enforcement provisions and provisions regarding rewards and incidental expenses paid by the Secretary or the Secretary of the Treasury applicable specifically to endangered or threatened species of fish and wildlife (current law doesn't specify endangered or threatened species). Specifies that no interpretation, policy, guideline, finding, or other informal determination may be relied upon by the Secretary in the implementation and enforcement of the Act unless such determination has been the subject of a proposed rule, subject to specified requirements. Places the burden on the Secretary to show that a specimen belongs to a species which is determined to be an endangered or threatened species. Authorizes civil suits by persons who have suffered or are threatened with economic or other injury resulting from actions by Federal officials with respect to enforcement of the Act under specified circumstances. (Sec. 202) Defines, for purposes of the Act: (1) "take" to mean to harm, pursue, hunt, shoot, wound, kill, trap, capture, collect, or attempt to engage in that conduct; and (2) "harm" to mean to take a direct action against any member of an endangered species of fish or wildlife that actually injures or kills a member of the species. (Sec. 203) Authorizes non-Federal persons to initiate consultation with the Secretary on any prospective activity: (1) to determine if the activity is consistent with a conservation plan or objective; or (2) if the person determines that the activity is inconsistent, to determine whether the activity is likely to jeopardize the continued existence of an endangered or threatened species or to destroy or adversely modify the designated critical habitat of the species in a manner that is likely to jeopardize the continued existence of the species. (Sec. 204) Sets forth or revises provisions regarding: (1) incidental take permit requirements; (2) general, research, and educational permits; (3) maintenance of aquatic habitats for listed species; (4) compliance with international requirements and treaties; and (5) incentives for protection of marine species. Title III: Improving Scientific Integrity of Listing Decisions and Procedures - Revises provisions of the Act regarding determinations that a species is endangered or threatened to direct the Secretary to make such determinations based on specified factors, including: (1) the present or threatened loss of its habitat; and (2) the inadequacy of existing Federal, State, and local government regulatory mechanisms. Requires the Secretary to make such determinations solely on the basis of the best scientific and commercial data available after conducting a review of the status of the species and after soliciting and fully considering the best scientific and commercial data available concerning the status of a species from any affected State or any interested non-Federal person, taking into account other specified factors. Sets forth or revises provisions regarding: (1) consideration of State recommendations; (2) listing of foreign species; (3) soliciting scientific information; (4) emergency listings; (5) use of the best scientific and commercial data; (6) identifying data used for decisions; (7) judicial review; (8) peer review; (9) making data public; (10) improving the petition and designation processes; (11) greater State involvement; (12) monitoring the status of species; and (13) petitions to delist species. Title IV: Recognizing Other Federal Action, Laws, and Missions - Amends the Act to direct: (1) the Secretary to review other programs administered by the Secretary and utilize such programs in furtherance of the purposes of the Act; and (2) each Federal agency to ensure that any action authorized, funded, or carried out by such agency is not likely to jeopardize the continued existence of any endangered or threatened species or destroy or adversely modify any habitat that is designated by the Secretary as critical habitat of the species in a manner that is likely to jeopardize the continued existence of the species. Sets forth provisions regarding: (1) involvement of applicants for Federal approvals; (2) conferring on candidate species; (3) limitations on modifications to land management; (4) resolving conflicts between Federal agencies; (5) procedures for consultation; and (6) activities prior to completion of consultation. (Sec. 402) Sets forth provisions regarding exemptions from consultation and conferencing requirements. Specifies that an agency action shall not constitute a taking of a species prohibited by the Act or any regulation thereunder if the action is consistent with those provided for in a final conservation plan or a conservation objective under this Act, or a cooperative management agreement or an incidental take permit. (Sec. 403) Eliminates the Endangered Species Committee and related provisions. Title V: Better Management and Conservation of Listed Species - Amends the Act to direct the Secretary to publish a conservation objective and a conservation plan for each species determined to be an endangered or threatened species. Requires the Secretary: (1) within 30 days after the listing determination, to appoint an assessment and planning team (which shall report to the Secretary within 180 days the assessment of specified biological, economic, and intergovernmental factors with respect to the listed species); and (2) within 210 days, to review the report to establish a conservation objective for the species and publish in the Federal Register the conservation objective, along with a statement of findings on which the objective was established. (Sec. 502) Directs the Secretary, in the development and implementation of a conservation plan, to accord specified priorities, including to: (1) the development of an integrated plan for two or more endangered or threatened species that are likely to benefit from an integrated conservation plan; and (2) nonregulatory, incentive-based conservation measures and commercial activities that provide a net benefit to the conservation of the species. Sets forth provisions regarding: (1) publication of a draft plans; (2) contents of such plan; (3) plan preparation procedures; (4) publication of a final plan; (5) participation by other persons; (6) plan revision or amendment; and (7) lack of further procedures or requirements for actions consistent with the conservation plan. (Sec. 503) Delineates procedures regarding: (1) management prior to publication of a conservation plan; (2) emergency rulemaking protections; (3) suspension of conservation plans or objectives; (4) non-delegation of duties; and (5) review of conservation plans. (Sec. 504) Authorizes the Secretary to: (1) designate critical habitat of a species determined to be an endangered or threatened species that meets specified requirements utilizing the National Biodiversity Reserve (see Title VI) as a first priority; and (2) revise a critical habitat designation on determining that such habitat does not meet such requirements. Sets forth provisions regarding: (1) deadlines for designation; (2) basis for designation (directs the Secretary to exclude any area from critical habitat which does not meet the definition as set forth in this Act, which is not necessary to achieve the conservation objective for the affected species, for which the Secretary determines that the benefits of exclusion outweigh the benefits of designation (with exceptions), and in the case of property owned by a non-Federal person, where the owner has not given written consent to the designation or has not been compensated); (3) procedure for designation; and (4) judicial review of the critical habitat designation. Sets forth provisions regarding: (1) the standard for judicial review of decisions regarding conservation objectives or plans; (2) conservation plans for foreign species; and (3) the definition of critical habitat. (Sec. 505) Authorizes the Secretary to: (1) utilize captive propagation as a means of protecting or conserving an endangered or threatened species; and (2) provide annual grants to non-Federal persons to fund captive propagation programs if the Secretary determines that such a program contributes to enhancement of the population of such a species. (Sec. 506) Revises provisions regarding experimental populations to require the Secretary, before authorizing the release of a population of endangered or threatened species outside the current range of such species, to identify the precise boundaries of the geographic area for the release and determine whether the release is in the public interest. Provides that: (1) any member of an experimental population found outside the geographic area in which the population is released shall not be treated as a threatened species if the member poses a threat to the welfare of the public; and (2) critical habitat shall not be designated under the Act for any experimental population determined to be not essential to the continued existence of a species. Sets forth requirements for releases of such populations, including that the Secretary require that: (1) to the maximum extent practicable, the release occurs only in a unit of the National Park System or the National Wildlife Refuge System; (2) the regulations authorizing the release identify precisely the geographic area for the release; and (3) a release on non-Federal land occurs only with the written consent of the owner of the land. (Sec. 507) Revises provisions regarding regulations to protect threatened species to direct the Secretary to issue, concurrently with the regulation that provides for the listing of the species, such regulations as the Secretary deems necessary and advisable to provide for the conservation of such species. Specifies that prohibitions applied to the threatened species shall address the specific circumstances of such species and may not be as restrictive as such prohibition for endangered species. Requires conservation guidelines to include a system for developing and implementing, on a priority basis, conservation objectives and conservation plans. Directs the Secretary to provide to the public notice of, and opportunity to submit written comments on, any guideline proposed to be established. Title VI: Habitat Protections - Establishes a National Biological Diversity Reserve, composed of units of Federal and State lands designated and managed in accordance with this title. Directs the Secretary and the Secretary of Agriculture to designate to the Reserve by regulation those units of the national conservation systems which are within the jurisdiction of the Secretary concerned and which the Secretary determines would contribute to the protection, maintenance, and enhancement of biological diversity. Directs the Secretary to: (1) designate to the Reserve a unit of State-owned lands if such unit is nominated for designation by the Governor of the State and is managed under State law in accordance with this title; (2) designate to the Reserve privately owned land that is nominated for designation by the owner of the land, and remove such land from the Reserve if the owner requests removal; (3) remove from the Reserve a unit designated which the Secretary finds is not managed under State law in accordance with this title; and (4) remove from the Reserve any State-owned lands at the request of the Governor of that State. Requires: (1) each unit of the Reserve to have as an objective for the management thereof the preservation, maintenance, and enhancement of biological diversity; and (2) within one year of the designation of a unit to the Reserve, the manager of such unit to complete, and the Secretary concerned to make available to the public by notice in the Federal Register, an inventory of the species composing the biological diversity within such unit. (Sec. 602) Directs the Secretary, and the Secretary of Agriculture with respect to the National Forest System, to establish and implement a program to conserve fish, wildlife, and plants, including those which are determined to be endangered or threatened species. Provides that, to carry out such program, the appropriate Secretary: (1) shall utilize the land acquisition and other authority under the Fish and Wildlife Act of 1956, the Fish and Wildlife Coordination Act, and the Migratory Bird Conservation Act, as appropriate; and (2) is authorized to acquire lands, waters, or interests therein (lands). (Sec. 603) Directs the Secretary and the Secretary of Agriculture to encourage exchanges of lands within the jurisdiction of each Secretary (other than units of the National Park System and the National Wilderness Preservation System) for lands that are not in Federal ownership and that are affected by this Act. Sets forth provisions regarding the timing of exchanges, environmental assessment, expeditious exchange decisions, applicable law, and valuation of lands acquired. Title VII: State Authority to Protect Endangered and Threatened Species - Authorizes the Secretary to delegate to a State which establishes and maintains an adequate program for the conservation of endangered and threatened species the authority contained in this Act with respect to species of fish, wildlife, and plants that are residents in the State. Requires the Secretary, within 120 days after receiving a certified copy of a proposed State program, to determine whether such program will be adequate to provide protections to endangered and threatened species in such State, based on specified guidelines. Sets forth provisions regarding: (1) Federal financial assistance to a State which has received such delegation; (2) contents of a delegation agreement; (3) State compliance with this Act; (4) review of State programs; and (5) conflicts between Federal and State laws. (Sec. 702) Directs the Secretary, in any instance in which a State has a program for management of a native species which is the subject of a request for an export permit under the Convention on International Trade in Endangered Species of Wild Fauna and Flora, to act in accordance with the recommendation of the State unless the Secretary makes a finding and publishes a notice in the Federal Register that scientific evidence justifies a conclusion contrary to the advice of the State. Authorizes the State which is subject to such a finding, or any person in that State directly affected because of inability to obtain a permit, to appeal the finding to an administrative law judge or a court. Places the burden on the Secretary to show that the evidence supports a finding contrary to the recommendation of the State. Title VIII: Funding of Conservation Measures - Authorizes appropriations to the Departments of the Interior, Commerce, and Agriculture through FY 2001 to carry out the Act, including for cooperative management agreements, Convention implementation, non-Federal conservation planning, and habitat conservation grants. (Sec. 802) Directs the Secretary, for any non-Federal person or Federal power marketing administration, to pay half of any direct costs that result from the compliance by the person or administration mandated by a conservation plan or measure that provides protection to a listed species under a plan developed under the Pacific Northwest Electric Power Planning and Conservation Act, including a plan that provides protection to a larger population unit of the same listed species. Sets forth provisions regarding consultation requirements, incidental take permits, cooperative management agreements, method of cost-sharing, existing cost-sharing agreements, and adjustments to the cost-sharing percentage. (Sec. 803) Establishes in the Treasury an Endangered Species and Threatened Species Conservation Trust Fund. Title IX: Miscellaneous Provisions - Defines or redefines the terms: (1) "non-Federal person"; and (2) "commercial activity." (Sec. 902) Directs the Secretary to: (1) identify those species which are listed under the Act as a result of being determined to be a population segment; and (2) review and determine whether or not it is in the national interest to continue to list each such segment. Requires those segments which the Secretary recommends for continued listing to be submitted to the Congress for approval, and that any segment not determined to be in the national interest to be delisted. (Sec. 903) Requires the Secretary to publish a list of all species that were determined to be endangered or threatened species for which no final recovery plans were issued, divided equally into three tiers of priority for preparation of conservation objectives and plans (with any species listed as an endangered or threatened species in more than one State being placed in the first tier of priority). Directs the Secretary to publish a conservation objective, draft conservation plan, and final conservation plan for each species within each tier of priority according to a specified timetable. Sets forth provisions regarding: (1) priority for revision of existing plans (for listed species with recovery plans); (2) a schedule for revision of plans; (3) species for which no conservation plan is required; (4) a prohibition on additional requirements; and (5) existing biological opinions.
United States · United States Congress · 7 September 1995
Prohibits the Secretary of Health and Human Services from: (1) regulating the sale or use of tobacco or tobacco products under the Federal Food, Drug, and Cosmetic Act; and (2) taking any similar action under the Federal Cigarette Labeling and Advertising Act or the Comprehensive Smokeless Tobacco Health Education Act of 1986 which was not authorized before enactment of this Act.
United States · United States Congress · 6 September 1995
Prohibits the Secretary of Health and Human Services and any other Federal official from: (1) regulating the use of tobacco or tobacco products by the National Association of Stock Car Automobile Racing or other professional motor sports association under the Federal Food, Drug, and Cosmetic Act; and (2) taking any action with respect to tobacco, tobacco products, or tobacco advertising used by such associations under the Federal Cigarette Labeling and Advertising Act or the Comprehensive Smokeless Tobacco Health and Education Act of 1986.
United States · United States Congress · 6 September 1995
Expresses the sense of the Congress that the President and the Congress should adopt a Peace Through Strength Strategy for the post-Cold War era, based on the following general principles and goals: (1) the United States must accept and maintain global leadership through a clear and consistent articulation of vital U.S. national interests and goals; (2) the United States must maintain highly trained, well-equipped, combat-ready military forces and the national will to prevail in any conflict; (3) U.S. interests are promoted through participation in global and regional political, military, and economic organizations, treaties, and alliances, but the United States must retain its sovereignty and reserve the right to act unilaterally; (4) national wealth and economic strength are the foundation of all forms of power; (5) the economic vitality of the United States rests not only on free market competitiveness but also on responsible financial management; (6) the United States must expand effective human and technical intelligence capabilities to anticipate, detect, and respond to emerging threats; (7) the United States will act to lessen, prevent, and eliminate security threats, including those posed by the proliferation of weapons of mass destruction and of high technology conventional arms, terrorism, drug trafficking, and disruption of access to vital resources; (8) national security policy must be explained to the public in the clear context of national interests and a realistic strategy for protecting those interests; (9) the United States must maintain a strong technological and industrial base with a skilled workforce to support superior U.S. global economic competitiveness and military preparedness; and (10) the United States must systematically and sharply reduce its dependence on imported oil.
United States · United States Congress · 4 August 1995
TABLE OF CONTENTS: Title I: Deterrence of Illegal Immigration Through Improved Border Enforcement, Pilot Programs, and Interior Enforcement Subtitle A: Improved Enforcement at Border Subtitle B: Pilot Programs Subtitle C: Interior Enforcement Title II: Enhanced Enforcement and Penalties Against Alien Smuggling; Document Fraud Subtitle A: Enhanced Enforcement and Penalties Against Alien Smuggling Subtitle B: Deterrence of Document Fraud Subtitle C: Asset Forfeiture for Passport and Visa Offenses Title III: Inspection, Apprehension, Detention, Adjudication, and Removal of Inadmissible and Deportable Aliens Subtitle A: Revision of Procedures for Removal of Aliens Subtitle B: Removal of Alien Terrorists Subtitle C: Deterring Transportation of Unlawful Aliens to the United States Subtitle D: Additional Provisions Title IV: Enforcement of Restrictions Against Employment Title V: Reform of Legal Immigration System Subtitle A: Worldwide Numerical Limits Subtitle B: Changes in Preference System Subtitle C: Refugees, Asylees, Parole, and Humanitarian Admissions Subtitle D: General Effective Date; Transition Provisions Title VI: Restrictions on Benefits for Aliens Subtitle A: Eligibility of Illegal Aliens for Public Benefits Subtitle B: Expansion of Disqualification from Immigration Benefits on the Basis of Public Charge Subtitle C: Attribution of Income and Affidavits of Support Title VII: Facilitation of Legal Entry Title VIII: Miscellaneous Provisions Immigration in the National Interest Act of 1995 - Title I: Deterrence of Illegal Immigration Through Improved Border Enforcement, Pilot Programs, and Interior Enforcement - Subtitle A: Improved Border Enforcement - Increases: (1) the Border Patrol; and (2) Immigration and Naturalization Service (INS) border enforcement and related personnel. (Sec. 102) Provides for barrier and road improvements at U.S. border areas of high illegal entry, including San Diego, California. Authorizes appropriations for San Diego area improvements. (Sec. 103) Provides for improved border equipment and technology. (Sec. 104) Provides for biometric identifiers to be included in border crossing identification cards. (Sec. 105) Establishes civil penalties for illegal U.S. entry. (Sec. 106) Authorizes appropriations for detention and prosecution of aliens who have unlawfully entered the United States at least twice. (Sec. 107) Provides for inservice Border Patrol training. Authorizes appropriations. Subtitle B: Pilot Programs - Establishes pilot programs for: (1) deterrence of multiple unauthorized U.S. entries, which may include interior or third party repatriation; (2) use of closed military bases as INS detention centers; and (3) collection of alien departure records. Subtitle C: Interior Enforcement - Provides for increased INS interior investigative and enforcement personnel. Title II: Enhanced Enforcement and Penalties Against Alien Smuggling; Document Fraud - Subtitle A: Enhanced Enforcement and Penalties Against Alien Smuggling - Amends Federal criminal law to: (1) authorize wiretaps in alien smuggling investigations; and (2) include alien smuggling within racketeering offenses. (Sec. 203) Amends the Immigration and Nationality Act (Act) to revise and increase criminal penalties for alien smuggling. (Sec. 204) Increases the number of Assistant United States Attorneys and provides for their assignment to criminal matters involving illegal aliens. (Sec. 205) Authorizes and provides for INS undercover investigations. Subtitle B: Deterrence of Document Fraud - Amends Federal criminal law and the Act to increase and establish criminal and civil penalties for specified immigration related document fraud offenses, including false citizenship claims. Subtitle C: Asset Forfeiture for Passport and Visa Offenses - Amends Federal criminal law to provide for asset forfeiture for passport and visa offenses. Title III: Inspection, Apprehension, Detention, Adjudication, and Removal of Inadmissible and Deportable Aliens - Subtitle A: Revision of Procedures for Removal of Aliens - Amends the Act to revise alien removal and penalty provisions. (Sec. 309) Sets forth transition provisions with respect to: (1) the Attorney General's option to apply current or revised procedures; (2) judicial review; (3) suspension of deportation; and (4) certain family unity aliens. Subtitle B: Removal of Alien Terrorists - Part 1: Removal Procedures for Alien Terrorists - Amends the Act to establish a special removal procedure for alien terrorists, including establishment of a special removal court and a panel of special attorneys with access to classified information. (Sec. 322) Authorizes additional appropriations for INS detention and removal of alien terrorists. Part 2: Inadmissibility and Denial of Relief for Alien Terrorists - Amends the Act to make membership in a terrorist organization grounds for U.S. exclusion. (Sec. 332) Denies alien terrorists status adjustment and deportation relief. Subtitle C: Deterring Transportation of Unlawful Aliens to the United States - Amends the Act with regard to vessel and aircraft transportation of illegal aliens into the United States. Subtitle D: Additional Provisions - Authorizes Federal retirees to be used in the Institutional Hearing Program. (Sec. 358) Authorizes additional appropriations to the Attorney General for removing inadmissible or deportable aliens. (Sec. 359) Establishes in the Treasury an Immigration Enforcement Account. (Sec. 360) Declares that Congress advises the President to negotiate prisoner transfer treaties, which may include compensation provisions. (Sec. 361) Amends the Violent Crime Control and Law Enforcement Act of 1994 to direct INS to operate a criminal alien identification system. (Sec 363) Authorizes special registration of aliens on criminal probation or parole. Title IV: Enforcement of Restrictions Against Employment - Increases full-time employee positions in: (1) the Investigations Division of INS; and (2) the Wage and Hour Division of the Employment Standards Administration of the Department of Labor. (Sec. 403) Amends the Act to revise the employer sanctions program. Provides for an employment eligibility confirmation mechanism. Title V: Reform of Legal Immigration System - Amends the Act to restructure current legal immigration categories and levels into the following: (1) family-sponsored immigrants; (2) employment-based immigrants; and (3) humanitarian immigrants. Subtitle A: Worldwide Numerical Limits - Amends the Act to establish fiscal year worldwide limits for such immigrant categories. (Sec. 504) Requires periodic congressional review and reauthorization of worldwide immigration levels. Subtitle B: Changes in Preference System - Amends the Act to limit immediate relatives to spouses and children of U.S. citizens. (Sec. 512) Limits preference allocation for family-sponsored immigrants to: (1) spouses and children of lawful permanent resident aliens; and (2) qualifying parents of U.S. citizens. Requires parents to have adequate health coverage. (Sec. 513) Revises preference allocations for employment-based immigrants. Establishes: (1) a pilot program for smaller alien job creation investors; and (2) conditional permanent resident status for certain foreign language teachers. (Sec. 515) Revises special immigrant status provisions, including: (1) inclusion of certain NATO civilian employees; and (2) extension of status for religious workers. (Sec. 517) Makes specified family and employment-based amendments. Subtitle C: Refugees, Asylees, Parole, and Humanitarian Admissions - Amends the Act to limit annual refugee admissions to 75,000 in FY 1997 or 50,000 in succeeding years unless the Congress provides for additional entries. (Sec. 523) Authorizes the temporary employment of certain retirees to help reduce asylum application backlogs. (Sec. 524) Limits parole entry to a case-by-case basis for humanitarian or significant public benefit reasons. (Sec. 525) Provides for the admission of humanitarian immigrants. (Sec. 526) Revises asylum provisions. Subtitle D: General Effective Date; Transition Provisions - Sets forth transition provisions for specified classification status petitions. Title VI: Restrictions on Benefits for Aliens - Subtitle A: Eligibility of Illegal Aliens for Public Benefits - Part 1: Public Benefits Generally - Makes illegal aliens ineligible for unemployment benefits and Federal and State assistance, contracts, and licenses, with exceptions for emergency medical services, public health immunizations, and short-term emergency disaster relief. Requires proof of identify for Federal contracts, grants, loans, licenses, and specified public assistance programs. Authorizes States to establish similar requirements. (Sec. 605) Requires the Secretary of Housing and Urban Development to report on the disqualification of illegal aliens from housing assistance programs. Part 2: Earned Income Credit - Amends the Internal Revenue Code to deny the earned income tax credit to individuals not authorized to work in the United States. Subtitle B: Expansion of Disqualification from Immigration Benefits on the Basis of Public Charge - Amends the Act to revise public charge grounds for inadmissibility and deportability. Subtitle C: Attribution of Income and Affidavits of Support - Attributes a sponsor's income and resources to a family-sponsored immigrant for purposes of eligibility for Federal means-tested public benefits programs. (Sec. 632) Amends the Act to set forth sponsor affidavit of support requirements. Title VII: Facilitation of Legal Entry - Provides for: (1) increased numbers of land border inspectors; and (2) border infrastructure improvements. (Sec. 703) Amends the Act to provide for: (1) preinspection at specified foreign airports; and (2) training of airline personnel in fraudulent document detection. Establishes a carrier consultant program. Title VIII: Miscellaneous Provisions - Amends the Act, as amended by the Immigration and Nationality Technical Corrections Act of 1994 to revise the definition of "aggravated felony." Amends the Act with regard to: (1) definitions of "child" and "parent"; (2) visa processing procedure; (3) waiver authority concerning notice of visa application denial; (4) Canadian landed immigrants; (5) H-1B nonimmigrants; (6) visa extensions; (7) status adjustment; (8) access to certain confidential INS files; (9) nonimmigrant status for spouses and children of members of the armed forces; (10) fraudulent birth certificates; (11) visa "shopping"; and (12) specified miscellaneous and technical provisions.
United States · United States Congress · 4 August 1995
Continues existing average fuel economy standards for passenger and non-passenger automobiles until such standards are specifically amended or changed by law.
United States · United States Congress · 3 August 1995
Family Business Protection Act of 1995 - Amends the Internal Revenue Code to exclude from the gross estate, for estate tax purposes, specified portions of the adjusted value of the qualified family-owned business interests of the decedent.
United States · United States Congress · 2 August 1995
Constitutional Amendment - Requires a three-fifths majority of the whole number of each House of the Congress to pass any bill to levy a new tax or increase the rate or base of any tax. Allows the Congress to waive the requirement when a declaration of war is in effect and when the United States is engaged in military conflict that causes an imminent and serious threat to national security and is so declared by a joint resolution, adopted by a majority of the whole number of each House, that becomes law. Makes a bill passed under waiver effective for no longer than two years. Requires all votes under this amendment to be by roll call.
United States · United States Congress · 1 August 1995
Wamp Congress Act of 1995 - Amends the Federal Election Campaign Act of 1971 to: (1) place equal ($2000) contribution limits on multicandidate political committees and other persons generally; and (2) limit House of Representatives election contributions from persons other than in-State individual residents.
United States · United States Congress · 27 July 1995
Megan's Law - Amends the Violent Crime Control and Law Enforcement Act of 1994 to require (current law authorizes) the designated State law enforcement agency and any authorized local law enforcement agency to release relevant information that is necessary to protect the public concerning a specific person required to register under the Jacob Wetterling Crimes Against Children and Sexually Violent Offender Registration Act.
United States · United States Congress · 27 July 1995
Equal Opportunity Act of 1995 - Prohibits discrimination or preferences in Federal employment and contracting on the basis of race, color, national origin, or sex, or entering into a consent decree requiring, authorizing, or permitting any such discrimination or preference. Prohibits construing this Act to prohibit or limit: (1) employment recruiting or encouraging contract bidding or requiring or encouraging Federal contractors to so recruit or encourage, if the recruiting or encouraging does not involve a numerical objective or otherwise granting a preference; (2) any act designed to benefit historically Black colleges or universities; (3) any action under a Federal law or treaty relating to the Indian tribes; or (4) classifications based on sex if sex is a bona fide occupational qualification reasonably necessary to the normal operation of the Government, contractor, or subcontractor, the classification is designed to protect privacy, a U.S. national security interest is involved, or the classification is applied regarding an armed forces member on active duty in a theatre of combat operations. Allows as remedies only injunctive or equitable relief (including back pay), attorney's fees, and costs.
United States · United States Congress · 19 July 1995
Amends the National School Lunch Act to permit schools to use any reasonable approach to meet certain dietary guidelines under the school lunch and breakfast programs. Prohibits schools from being required to use or conduct nutrient analysis.
United States · United States Congress · 13 July 1995
George Washington Commemorative Coin Act of 1995 - Requires the Secretary of Treasury to mint and issue five-dollar gold coins emblematic of George Washington. Mandates that the design for the coins 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 · 30 June 1995
Prohibits funds appropriated or otherwise made available for foreign currencies under the Mutual Security Act of 1954 from being available for travel to North Korea unless the President submits to the Congress a certification that North Korea does not have a policy of discriminating, on the basis of national origin or political philosophy, against Members and employees of the Congress in permitting such travel.
United States · United States Congress · 30 June 1995
Independent Contractor Tax Simplification Act of 1995 - Amends the Internal Revenue Code to provide that, for purposes of determining the employment status of individuals as employees, a service provider shall not be treated as an employee, a service recipient shall not be treated as an employer, and a payor shall not be treated as an employer if: (1) a service provider has a significant investment in assets and training, incurs significant unreimbursed expenses, agrees to perform the service for a specified amount of time or to complete a specific result and is responsible for damages for early termination without cause, receives payment primarily on a commission basis, or has purchased resale products; (2) the service provider has a principal place of business, does not primarily provide service in the service recipient's place of business, or pays a fair market rent for use of the recipient's place of business or does not have to perform service only for the service recipient and, in the current year or in the proceeding or subsequent years, has performed or has offered to perform a significant amount of service for other persons; and (3) the services by an individual are performed according to a written contract between the service recipient or payor which provides that the individual will not be treated as an employee.
United States · United States Congress · 28 June 1995
Parental Rights and Responsibilities Act of 1995 - Prohibits any Federal, 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 exception 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 · 22 June 1995
TABLE OF CONTENTS: Title I: Deterrence of Illegal Immigration Through Improved Border Enforcement and Pilot Programs Subtitle A: Improved Enforcement at Border Subtitle B: Pilot Programs Title II: Enhanced Enforcement and Penalties Against Alien Smuggling; Document Fraud Subtitle A: Enhanced Enforcement and Penalties Against Alien Smuggling Subtitle B: Deterrence of Document Fraud Subtitle C: Asset Forfeiture for Passport and Visa Offenses Title III: Inspection, Apprehension, Detention, Adjudication, and Removal of Inadmissible and Deportable Aliens Subtitle A: Revision of Procedures for Removal of Aliens Subtitle B: Removal of Alien Terrorists Subtitle C: Deterring Transportation of Unlawful Aliens to the United States Subtitle D: Additional Provisions Title IV: Enforcement of Restrictions Against Employment Title V: Reform of Legal Immigration System Subtitle A: Worldwide Numerical Limits Subtitle B: Changes in Family-Sponsored and Employment- Based Preference System Subtitle C: Refugees, Asylees, Parole, and Humanitarian Admissions Subtitle D: Effective Dates; Transition Provisions Title VI: Restrictions on Benefits for Illegal Aliens Subtitle A: Eligibility of Illegal Aliens for Public Benefits Subtitle B: Expansion of Disqualification from Immigration Benefits on the Basis of Public Charge Subtitle C: Attribution of Income and Affadavits of Support Title VII: Facilitation of Legal Entry Title VIII: Miscellaneous Immigration in the National Interest Act of 1995 - Title I: Deterrence of Illegal Immigration Through Improved Border Enforcement and Pilot Programs - Subtitle A: Improved Enforcement at Border - Increases: (1) the Border Patrol; and (2) Immigration and Naturalization Service (INS) border enforcement and related personnel. (Sec. 102) Provides for improved border crossing cards, equipment, and crossing barriers, including authorization of appropriations for fencing and road improvements in the border area near San Diego, California. (Sec. 105) Amends the Immigration and Nationality Act (Act) to establish civil penalties for illegal U.S. entry. Subtitle B: Pilot Programs - Establishes pilot programs for: (1) interior repatriation of inadmissible or deportable aliens; (2) use of closed military bases to detain inadmissible or deportable aliens; and (3) collection of alien departure records. Title II: Enhanced Enforcement and Penalties Against Alien Smuggling; Document Fraud - Subtitle A: Enhanced Enforcement and Penalties Against Alien Smuggling - Amends Federal criminal law to: (1) authorize wiretaps in alien smuggling investigations; and (2) include alien smuggling offenses under the purview of the Racketeer Influenced and Corrupt Organizations (RICO) provisions. (Sec. 203) Amends the Act to: (1) expand INS forfeiture authority for smuggling or harboring illegal aliens; and (2) increase criminal penalties for alien smuggling. (Sec. 205) Increases the number of Assistant United States Attorneys and provides for their assignment to criminal matters involving illegal aliens. Subtitle B: Deterrence of Document Fraud - Amends Federal criminal law and the Act to increase and establish criminal and civil penalties for specified immigration related document fraud offenses. Subtitle C: Asset Forfeiture for Passport and Visa Offenses - Amends Federal criminal law to provide for asset forfeiture for passport and visa offenses. Title III: Inspection, Apprehension, Detention, Adjudication, and Removal of Inadmissible and Deportable Aliens - Subtitle A: Revision of Procedures for Removal of Aliens - Amends the Act to revise alien removal provisions. Subtitle B: Removal of Alien Terrorists - Part 1: Removal Procedures for Alien Terrorists - Amends the Act to establish a special removal procedure for terrorists, including the designation by the Chief Justice of the United States of a special removal court. Part 2: Exclusion and Denial of Asylum for Alien Terrorists - Amends the Act to make membership in a terrorist organization a ground for U.S. exclusion. (Sec. 332) Denies asylum, status adjustment, and deportation relief to alien terrorists. Subtitle C: Deterring Transportation of Unlawful Aliens to the United States - Amends the Act with regard to vessel and aircraft transportation of illegal aliens into the United States. Subtitle D: Additional Provisions - Amends the Act to impose civil penalties upon an alien subject to an order of removal who fails to depart. (Sec. 358) Authorizes additional appropriations for removal of illegal aliens. (Sec. 359) Establishes in the Treasury an Immigration Enforcement Account. Title IV: Enforcement of Restrictions Against Employment - Increases full-time employee positions in: (1) the Investigations Division of INS; and (2) the Wage and Hour Division of the Employment Standards Administration of the Department of Labor. (Sec. 403) Amends the Act to revise the employer sanctions program. Title V: Reform of Legal Immigration System - Subtitle A: Worldwide Numerical Limits - Amends the Act to revise legal immigration categories and numerical limitations. (Sec. 504) Requires periodic congressional review and reauthorization of worldwide immigration levels. Subtitle B: Changes in Preference System - Amends the Act to revise the immigration preference system. Subtitle C: Refugees, Asylees, Parole, and Humanitarian Admissions - Amends the Act to revise annual refugee admissions and asylee adjustment provisions. (Sec. 523) Authorizes the temporary employment of certain retirees to help reduce asylum application backlogs. (Sec. 524) Limits parole entry to a case-by-case basis for humanitarian or significant public benefit reasons. Subtitle D: General Effective Date; Transition Provisions - Sets forth transition provisions for specified classification status petitions. Title VI: Restrictions on Benefits for Illegal Aliens - Subtitle A: Eligibility of Illegal Aliens for Public Benefits - Part 1: Public Benefits Generally - Makes illegal aliens ineligible (with specified exceptions) for public assistance, contracts, and licenses. (Sec. 602) Makes unauthorized aliens ineligible for unemployment benefits. Part 2: Earned Income Credit - Amends the Internal Revenue Code to deny the earned income tax credit to individuals not authorized to work in the United States. Subtitle B: Expansion of Disqualification from Immigration Benefits on the Basis of Public Charge - Amends the Act to revise public charge grounds for inadmissibility and deportability. Subtitle C: Attribution of Income and Affidavits of Support - Attributes a sponsor's income and resources to a family-sponsored immigrant for purposes of eligibility for Federal means-tested public benefits programs. (Sec. 632) Amends the Act to set forth sponsor affidavit of support requirements. Title VII: Facilitation of Legal Entry - Provides for: (1) increased numbers of land border inspectors; and (2) border infrastructure improvements. (Sec. 703) Amends the Act to provide for: (1) preinspection at specified foreign airports; and (2) training of airline personnel in fraudulent document detection. Establishes a carrier consultant program. Title VIII: Miscellaneous Provisions - Amends the Act, as amended by the Immigration and Nationality Technical Corrections Act of 1994 to revise the definition of "aggravated felony." Amends the Act with regard to: (1) definitions of "child" and "parent"; (2) visa processing procedure; (3) waiver authority concerning notice of visa application denial; (4) Canadian landed immigrants; (5) H-1B nonimmigrants; (6) visa extensions; (7) status adjustment; (8) access to certain confidential INS files; (9) nonimmigrant status for spouses and children of members of the armed forces; (10) fraudulent birth certificates; and (11) specified miscellaneous and technical provisions.
United States · United States Congress · 15 June 1995
Natural Disaster Protection Partnership Act of 1995 - Amends the Robert T. Stafford Disaster Relief and Emergency Assistance Act (the Act) to: (1) require a State to pay or agree to pay at least five dollars per resident, as determined by the latest official census, before such State or local government receives Federal assistance for the repair, restoration, reconstruction, or replacement of public facilities damaged or destroyed by a major disaster in the State; and (2) revise the formula used to determine the Federal share of such assistance as well as the Federal share for debris and wreckage removal from publicly and privately owned lands resulting from such disaster. Allows an increase of such assistance only upon the enactment of a joint resolution not designated as an emergency under provisions of the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act). (Sec. 5) Adds provisions concerning disaster mitigation. Requires the Director of the Federal Emergency Management Agency to establish and carry out natural disaster hazard mitigation (mitigation) programs that support natural disaster research, technology, and education. Gives the effect of law to a specified executive order relating to earthquake design and construction standards for federally leased, assisted, or regulated buildings. Requires the Director to enter into an arrangement with the National Academy of Sciences to study and report to the Congress on the feasibility of establishing: (1) national minimum building construction standards for residential and commercial building construction; and (2) standards for the training and licensing of home inspectors and for using such inspections as a means of promoting mitigation for residential property. Requires the Director to define which States should be classified as natural disaster-prone for purposes of the Act. Requires each natural disaster-prone State to either: (1) adopt multihazard building and safety codes for all new and substantially modified building construction in that State; or (2) certify that the State's local communities have adopted and are enforcing building codes which meet the appropriate minimum mitigation requirements of that State. Requires each State designated as flood-prone to either adopt relevant flood protection standards or certify that its flood-prone local communities are in compliance with appropriate State flood protection standards. Requires each natural disaster-prone State to either develop a multihazard mitigation plan or designate an existing plan which includes specified compliance and response requirements. Outlines provisions concerning State compliance with the establishment, adoption, and implementation of appropriate mitigation plans. Provides penalties for noncompliance. Requires the Director, after crediting premiums from the Natural Disaster Insurance Corporation (established under this Act), to allocate funds from a Mitigation Account (established under this Act) to States which comply with all mitigation requirements under this Act. Provides an allocation formula. Requires such funds to be used to support mitigation activities, especially those necessary to bring a State into compliance with building and safety code requirements enumerated under this Act. Requires audits of fund uses. Exempts a State, under specified conditions, from a particular mitigation requirement if it receives inadequate funds from the Account to cover the costs of complying with such requirement. Encourages each private insurer that participates in the Natural Disaster Insurance Corporation to take mitigation measures into account in setting rates and deductibles for its property insurance. Establishes the Natural Disaster Insurance Corporation as a not-for-profit membership corporation to provide primary insurance coverages and reinsurance coverage for hurricanes, earthquakes, volcanic eruptions, and tsunamis. Requires the Corporation's Board of Directors (Board) to: (1) develop a plan of operation describing the Corporation's administration and the provision of the insurance coverages it provides; and (2) develop and adjust, when necessary, actuarially sound rates for such coverages. Establishes an independent Natural Disaster Insurance Board of Actuaries (Independent Board) to review and approve such plan and rates. Requires the Board to file with each State insurance regulator information copies of the initial material and future revisions to its insurance rates, terms, or conditions. Requires the Corporation to establish and maintain a: (1) primary insurance coverage trust account to pay qualifying claims and loss adjustments expenses to private insurers acting as service providers of the primary insurance coverages; and (2) reinsurance coverage trust account to pay qualifying claims to private insurers which purchased such coverage. Outlines provisions concerning the Corporation's use of funds from other accounts and funds to pay for losses in excess of trust account funds or funds raised by issuing obligations in the private market (requiring repayment of funds borrowed from such accounts or funds). Requires the trust accounts to be kept separate. Prohibits: (1) the borrowing of monies between such accounts; and (2) the authorization or appropriation of Federal funds for Corporation activities. Requires the Comptroller General to audit and report to the Congress on Corporation and Independent Board activities. Requires the Corporation to: (1) issue primary insurance coverages that insure against physical damages and losses to residential property, including debris removal, additional living expenses incurred as a result of direct damage to such property, and ordinance and law coverages, resulting from the natural disasters enumerated in this Act that meet specified terms and conditions; and (2) make, under certain conditions, excess reinsurance coverage available to private insurers and State insurance pools for residential losses (including quota-share amounts retained by the private insurers under this Act not already insured by the Corporation under the primary insurance coverage policies) and commercial losses that are proximately caused by specified natural disaster perils. Prohibits making or renewing any federally-related mortgage loan secured by residential property located in an earthquake, volcanic eruption, tsunami, or hurricane-prone State unless the property is covered by: (1) primary insurance coverages; or (2) coverage issued by a private insurer which has equivalent terms, conditions, and rates as such coverages for seismic perils and that meets such terms and conditions as those required for the hurricane peril. Provides an escrow requirement with respect to insurance premiums for such coverage. Outlines requirements that must be met by residential property owners in natural disaster-prone States before the owners can receive any financial assistance under the Act or any similar Federal disaster assistance. Requires the Director and the Corporation to jointly report to the Congress on any additional sanctions or other measures deemed necessary to assure that policyholders purchase Federal flood insurance pursuant to the National Flood Insurance Act of 1968. Requires private insurers which exclude coverage for physical damage caused by flooding to include in the contract a specified warning statement to that effect (or an appropriate alternative warning statement). Establishes in the Treasury the Natural Disaster Protection Fund. Establishes within the Fund a separate Private Loss Account, Public Loss Account, and Mitigation Account. Requires the three accounts to be kept separate and prohibits the borrowing of monies between them. Requires the Private Loss Account to provide direct Federal loans to cover shortfalls in the Corporation's primary insurance and reinsurance accounts. Requires the Public Loss Account to: (1) retain reserve funds sufficient to cover the anticipated costs resulting from natural disasters up to the annual ten-year historical average of disaster relief provided by the Director; and (2) provide grants to States for the repair or restoration of critical facilities and lifelines, public facilities, and infrastructure damaged or destroyed by natural disasters and for pre-natural disaster mitigation. Allows the Federal share of such grants to be increased only upon the enactment of a joint resolution not designated as an emergency under provisions of the Balanced Budget and Emergency Deficit Control Act of 1985. Requires: (1) the Mitigation Account to provide funds to States for appropriate mitigation efforts described in this Act; and (2) the Corporation to pay a specified percentage of the annual net premiums collected for the primary insurance coverages and the reinsurance coverages for mitigation purposes. Provides for appropriate transfers and credits to the Public Loss Account and the Mitigation Account. Authorizes appropriations to such Accounts.
United States · United States Congress · 14 June 1995
Safety and Health Improvement and Regulatory Reform Act of 1995 - Amends the Occupational Safety and Health Act of 1970 (OSHA) to revise provisions for OSHA standards. Requires promulgation and modification of such standards to be based of certain analyses and criteria, including a specified type of regulatory impact analysis, as well as a risk assessment and a cost-benefit analysis which are industry-specific. (Sec. 2) Repeals provisions for separate rules for toxic materials or harmful physical agents. Deems a variance to have been issued as of the date the application for it was filed,if the Secretary has failed to approve or disapprove such application within 90 days of such filing (unless the Secretary of Labor and the applicant agree to a longer period). Sets forth requirements relating to such regulatory impact analyses (both a preliminary and a final one), risk assessments, and cost-benefit analyses. Directs the Secretary, within seven years of the effective date of this Act, to review each OSHA standard in effect as of such effective date under specified criteria, and to modify or revoke such standards as appropriate. Allows each person affected by a promulgated OSHA standard to petition the Secretary to modify or revoke such standard pursuant to this review process. Sets forth substantive and procedural requirements relating to such provisions. Repeals the mandate that, in determining the priority for establishing OSHA standards, the Secretary give due regard to: (1) the urgency of the need for such standards for particular industries, trades, crafts, occupations, businesses, workplaces, or work environments; and (2) the recommendations of the Secretary of Health and Human Services regarding such need. Directs the Secretary, upon determining that a rule should be promulgated or modified to serve OSHA objectives, to appoint an independent and external peer review panel to review the scientific and economic data which forms the basis for such standard and such data's relevance to industries and workers that would be affected by it. (Sec. 3) Revises provisions for notices of violations and citations. Directs the Secretary to give notices of violations, with specified periods for abatement (at least 30 days, except that a reasonable shorter period may be ordered if the condition constitutes a direct threat to employees). Authorizes the Secretary to issue citations after a follow-up inspection if the violation remains and the abatement period has expired. Provides that such notice of a violation before issuance of a citation shall not be required in cases of alleged violations causing death or serious injury, or constituting an imminent danger, to an employee. (Sec. 4) Directs the Secretary to establish an office to promote, administer, and coordinate the following worksite-based incentives programs and activities. Exempts from general OSHA inspections workplaces which: (1) the employer certifies have been reviewed under a Federal-State consultation services program or a workplace review provided by a certified person; or (2) the Secretary chooses to certify as having significant involvement of their employees in their safety and health program. Directs the Secretary to establish programs to: (1) certify persons to conduct such reviews; (2) give special recognition (including exemption from random OSHA inspections) to worksites, companies, and other organizations which have implemented particularly effective programs addressing occupational safety and health in the workplace; and (3) provide education, training, and technical assistance to employers and employees in providing safe and healthful workplaces and complying with OSHA requirements. Reserves at least one-half of the annual appropriation under OSHA for such worksite-based incentives programs, effective in the first fiscal year beginning three years after the effective date of this Act. (Sec. 5) Makes certain restrictions under the National Labor Relations Act and the Railway Labor Act inapplicable to employee participation on certain committees, teams, or other arrangements dealing with employers concerning health and safety of working conditions or related matters. (Sec. 6) Revises provisions for inspections. Revises provisions relating to employee requests for inspections to: (1) eliminate such requests by employee representatives; and (2) make a special inspection discretionary rather than mandatory, while having the Secretary make an inquiry with the employer, upon determination that there are reasonable grounds that the alleged violation or danger exists and that the employer has failed to correct it. Requires that certain inspections be conducted by at least one individual who has technical expertise by training or experience in the industry or types of hazards being inspected. Directs the Secretary to: (1) enter into agreements with other Federal agencies and with States to train inspection personnel of agencies which inspect employers to inspect places of employment to determine if employee fire protection is adequate; and (2) establish a system for referral of fire hazards to the Secretary after notification to the employer, if the employer fails to take corrective actions. Prohibits the Secretary from conducting routine inspections of (or enforcing any OSHA standard, rule, regulation, or order with respect to): (1) any person engaged in a farming operation that does not maintain a temporary labor camp and is employing ten or fewer employees; and (2) any employer of not more than 50 employees that has an occupational injury or a lost work day rate less than the national average. Sets forth certain exceptions from such exemption. (Sec. 7) Adds employer defenses of employee misconduct, or alternative safe methods, or other inconsistent or conflicting requirements. (Sec. 8) Revises OSHA penalties. Eliminates provisions relating to willful and repeated violations. Directs the Occupational Safety and Health Review Commission to: (1) assess all civil penalties, giving due consideration to their appropriateness with respect to specified factors; and (2) not assess a penalty greater than that proposed by the Secretary. Allows reduction of a civil penalty by the cost to the employer of correcting the violation. Authorizes the Secretary to propose that a special assessment penalty of up to ten times greater be applied in the circumstances of employee fatalities, or an excessive history of serious injuries to employees, caused by violations of certain OSHA standards. Prohibits penalties where no standard or regulation exists. Provides for jurisdiction for prosecution under State and local criminal laws. (Sec. 9) Revises enforcement procedures with respect to Commission review of the Secretary's citations or proposed penalties for employers. Revises judicial review provisions to require upholding, if reasonable, of the Commission's conclusions of law with respect to the construction of OSHA, or regulations, rules, standards, or orders adopted under OSHA. Increases Commission membership from three to five, and quorums from two to three members. Requires at least one Commission member to have expertise or experience in mining. Revises provisions for Commission hearings and records to provide that, if the parties so agree, there shall not be required any formal proceedings, including requests for production of documents or requests for admissions, interrogatories, or depositions. (Sec. 10) Repeals OSHA provisions for: (1) the National Institute of Occupational Safety and Health (NIOSH), thus abolishing it; (2) NIOSH research and related activities; and (3) NIOSH training and employee education activities. (Sec. 11) Repeals OSHA provisions relating to the already terminated National Commission on State Workmen's Compensation Laws. (Sec. 12) Revises OSHA conditions for approval of State plans. Makes certain conditions inapplicable if the State has adopted alternative performance measures to assure that its program is at least as effective as the Federal program in assuring safe and healthful employment and places of employment. (Sec. 13) Revises procedures for discrimination protection for whistle-blowers under OSHA. (Sec. 14) Provides for OSHA coverage of Federal agencies. (Sec. 15) Repeals provisions for separate occupational safety and health programs for Federal agencies. (Sec. 16) Authorizes employers to establish alcohol and substance abuse testing programs where there is a reasonable probability that any employee's safety or health could be endangered because of use of alcohol or a controlled substance in the workplace. Requires such programs to conform to specified Federal guidelines. Allows employer pre-employment testing for alcohol or substance abuse under specified circumstances. Authorizes the Secretary to test employees for use of alcohol or controlled substances during any investigation of a work-related fatality or serious injury. (Sec. 17) Repeals titles I, II, III, and V of the Federal Mine Safety and Health Act of 1977 (FMSHA). Transfers the functions, responsibilities, and authorities of: (1) the Mine Safety and Health Administration to the Assistant Secretary of Labor for Occupational Safety and Health; and (2) the Federal Mine Safety and Health Review Commission to the Occupational Safety and Health Review Commission. Deems FMSHA standards to have been promulgated under OSHA. Prohibits the Secretary from enforcing any other standards promulgated prior to the effective date of this Act, with respect to activities, conditions, or processes which were subject to FMSHA. Repeals specified parts of the Code of Federal Regulations (CFR). Prohibits requirements of a specified part of CFR from being enforced with respect to any sand, gravel, surface stone, surface clay, colloidal phosphate, or surface limestone mine. Establishes OSHA requirements for mine safety inspections, enforcement orders, and penalties. Requires the National Mine Health and Safety Academy to be: (1) maintained as an agency of the Department of Labor; and (2) responsible for training of mine safety and health inspectors and technical support personnel, and for any other training programs for mine inspectors, mining personnel, or other personnel designated by the Secretary. (Sec. 18) Revises specified OSHA provisions for recordkeeping, reporting, and statistics. (Sec. 19) Adds definitions of the terms "serious injury" and "industry." (Sec. 20) Directs the Secretary to: (1) report annually to the Congress regarding activities under OSHA, including recommendations to avoid unnecessary duplication and to achieve coordination with other Federal laws; and (2) provide for a means for certification of equipment safety, to be conducted by nongovernmental agencies, unless such agencies with professional or technical personnel or materials and equipment are not available.
United States · United States Congress · 7 June 1995
Black Revolutionary War Patriots Commemorative Coin Act - Directs the Secretary of the Treasury to mint and issue one-dollar silver coins emblematic of the Black Revolutionary War Patriots Memorial in Washington, D.C. Directs that coin sale surcharges be paid to the Black Revolutionary War Patriots Foundation for raising an endowment to support construction of the Memorial.
United States · United States Congress · 7 June 1995
TABLE OF CONTENTS: Title I: Specific Coins Authorized Title II: General Provisions United States Commemorative Coins Act of 1995 - Title I: Specific Coins Authorized - Requires the Secretary of the Treasury to mint and issue ten-dollar gold coins to commemorate the bicentennial of United States gold coinage. (Sec. 102) Requires the Secretary to mint and issue five-dollar gold coins and one-dollar silver coins to commemorate the 50th anniversary of the founding of the United Nations and the role of President Harry S. Truman. Directs coin sale surcharge distribution to the Harry S. Truman Library Foundation and the U.N. Association. (Sec. 103) Requires the Secretary to mint and issue coins commemorating: (1) the sesquicentennial of the founding of the Smithsonian Institution; (2) the public opening of the Franklin Delano Roosevelt Memorial, Washington, D.C.; (3) the 125th anniversary of the establishment of the first U.S. National Park, Yellowstone National Park; and (4) the sacrifices of law enforcement officers and their families in preserving public safety, with surcharge proceeds paid to the National Law Enforcement Officers Memorial Fund, Inc. Title II: General Provisions - Mandates that the design for the coins be: (1) selected by the Secretary after consultation with recipient organizations and the Commission of Fine Arts; and (2) reviewed by the Citizens Commemorative Coin Advisory Committee.
![Official portrait of Rep. Ballenger, Cass [R-NC-10]](https://www.congress.gov/img/member/b000104_200.jpg)