United States · United States Congress · 7 June 1995
Franked Mail Savings Act - Amends the Legislative Branch Appropriations Act, 1991 to establish an Official Mass Mailing Allowance for Members of the House of Representatives. Requires the Official Mass Mailing Allowance to be: (1) available only for postage for any mass mailing sent by a Member as franked mail; (2) the sole source of funding for any such postage; and (3) available in a session of Congress in an amount that does not exceed the total amount allocated to the Official Mail Allowance of a Member in such session. Treats the Official Mass Mailing Allowance and mass mailings separately from the Official Mail Allowance. Continues the applicability of current provisions of law relating to mass mailings sent by a Member or Member-elect. Prohibits a mass mailing from being sent if it would be postmarked during any session that begins in an even-numbered calendar year, except mail matter sent after election day, mailed by a chairperson of a congressional committee, or which relates to an emergency or disaster declared by the President. Sets forth requirements for the submission of samples of mass mailings to the House Commission on Congressional Mailing Standards. Revises the formula for determining the Official Mail Allowance (thereby reducing the maximum allocation allowed). Prohibits the transfer of any amount (except for amounts from the Official Mass Mailing Allowance) to or from the Official Mail Allowance of a Member. (Currently, transfers up to a specified amount are allowed from the Official Expenses and Clerk Hire Allowances.)
United States · United States Congress · 25 May 1995
Amends the Migrant and Seasonal Agricultural Worker Protection Act to provide that where State workers' compensation laws are applicable and provide coverage for a migrant or seasonal agricultural worker, workers' compensation benefits shall be the exclusive remedy for actual damages for loss from an injury or death of such a worker for all cases in which a final judgment has not been entered. Provides that this does not preclude recovery for statutory damages or an injunction under such Act.
United States · United States Congress · 23 May 1995
James Madison Commemorative Coin Act - Directs the Secretary of the Treasury to issue commemorative one-dollar silver coins emblematic of the 250th anniversary of the birth of James Madison and the life and achievements of the fourth President of the United States. Requires the Secretary to turn over proceeds from surcharges to the National Trust for Historic Preservation to be used to: (1) establish an endowment as a permanent source for Montpelier (home of James Madison and a museum); and (2) fund capital restoration projects at Montpelier.
United States · United States Congress · 15 May 1995
Low-Income School Choice Demonstration Act of 1995 - Establishes a low-income school choice demonstration program to determine the effects on students and schools of providing financial assistance to enable low-income parents to select the public or private schools their children will attend. (Sec. 4) Authorizes appropriations. (Sec. 5) Directs the Secretary to award grants to eligible entities to carry out between ten and 20 demonstration projects under which low-income parents receive education certificates for the cost of enrolling their eligible children in a choice school. Sets forth requirements for use of grant funds, authorized projects, award priorities, and applications. (Sec. 8) Requires the amount of an eligible child's education certificate to be determined by the eligible entity, in an amount that provides the recipient with the maximum degree of choice in selecting the choice school the eligible child will attend. Requires an eligible entity to consider certain cost factors in determining such amount. Allows an eligible entity to provide an education certificate to the parent of an eligible child who chooses to attend a school that does not charge tuition or fees in order to pay: (1) the additional reasonable costs of transportation directly attributable to the child's participation in the demonstration project; or (2) the cost of complying with certain special services requirements. Provides for adjustments in certificate amount. Limits the maximum amount of an eligible child's education certificate to the per pupil expenditure for elementary or secondary education (as appropriate) by the local educational agency for the public school to which the child would normally be assigned for the fiscal year preceding the fiscal year for which the determination is made. Declares that an education certificate, and funds provided under it, shall not be treated as income of the parents for purposes of Federal tax laws or for determining eligibility for any other Federal program. (Sec. 9) Requires that eligible child participants in such a demonstration project receive whatever special services to which they would otherwise be entitled under certain provisions of the Elementary and Secondary Education Act of 1965 and the Individuals with Disabilities Education Act. Allows any local educational agency participating in such a demonstration project to count eligible children who otherwise would attend the agency's schools in order to receive funds under any program administered by the Secretary. Allows use of information under the National School Lunch Act to determine a child's eligibility to participate in a demonstration project under this Act and, if needed, to rank families by income. (Sec. 10) Requires each eligible entity receiving a grant under this Act to provide timely notice of the demonstration project to parents of eligible children residing in the area to be served. (Sec. 11) Directs the Comptroller General to contract with an evaluating agency for an annual evaluation of the demonstration program, according to specified criteria.
United States · United States Congress · 12 May 1995
TABLE OF CONTENTS: Title I: Cancellation and Suspension Title II: Minor Use Crop Protection Act of 1995 Title III: Data Collection Activities to Assure the Health of Infants and Children and Other Measures Title IV: Amendments to the Federal Food, Drug, and Cosmetic Act Food Quality Protection Act of 1995 - Title I: Cancellation and Suspension - Amends provisions of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) relating to cancellations, changes in classifications, or other terms of registration with respect to the authority of the Administrator of the Environmental Protection Agency. Requires that a rulemaking under such provisions be based on a validated test or other significant evidence raising prudent concerns of unreasonable adverse effects to man or to the environment. Denies registration applications that are not in compliance with this Act. Title II: Minor Use Crop Protection Act of 1995 - Minor Use Crop Protection Act of 1995 - Amends FIFRA to define "minor use" as the use of a pesticide on an animal or commercial agricultural crop or site or for public health protection where: (1) the total U.S. acreage for the crop is less than 300,000 acres; or (2) the Administrator determines that the use does not provide sufficient economic incentive to support the initial or continuing registration of a pesticide for such use and there are insufficient alternatives available for the use, the alternatives pose greater environmental or health risks, or the pesticide plays or will play a significant part in managing pest resistance or in an integrated pest management program. Extends the period of exclusive data use for data submitted to support original registration applications for pesticides for an additional year for each three minor uses registered after this Act's enactment and before the expiration of the period of exclusive use, up to a total of three additional years for all minor uses registered by the Administrator if the Administrator determines that: (1) there are insufficient alternatives available for the use or the alternatives pose greater environmental or health risks; or (2) the pesticide plays or will play a significant part in managing pest resistance or in an integrated pest management program. Requires the Administrator, upon the request of a registrant, to extend the deadline for the production of residue chemistry data required solely to support a minor use subject to specified conditions. Applies the same extension conditions to data for reregistrations. Authorizes the Administrator to modify or revoke such extensions if the use may cause unreasonable adverse environmental effects. Permits the Administrator, in handling the registration of a pesticide for a minor use, to waive applicable data requirements if the absence of data will not prevent the Administrator from determining the risk presented by the pesticide and that the risk would not have an adverse environmental effect. Provides for expedited review (within one year of submission) of applications to support minor use pesticide registrations. Sets forth conditions for extensions of registrations for unsupported minor uses. Provides a procedure for meeting data requirements where a registrant has voluntarily cancelled a registration and another application is pending for registration of a pesticide that is for a minor use and is identical or substantially similar to, or for an identical or substantially similar use as, the cancelled pesticide. Directs the Administrator to establish a minor use program. Directs the Secretary of Agriculture to establish a Department of Agriculture minor use program and a separate matching fund program. Requires the matching fund program to be utilized to ensure the continued availability of minor use crop protection chemicals. Authorizes appropriations. Title III: Data Collection Activities to Assure the Health of Infants and Children and Other Measures - Directs the Secretary of Agriculture, in consultation with the Administrator and the Secretary of Health and Human Services, to coordinate the development and implementation of survey procedures to ensure collection of adequate data on food consumption patterns of infants and children. Requires residue surveillance activities of the Department of Agriculture to provide for the improved surveillance of pesticide residues, including increased sampling of foods most likely consumed by infants and children. Directs the Secretary of Agriculture to: (1) collect pesticide use data of statewide or regional significance for all the major crops and crops of dietary significance; and (2) in cooperation with the Administrator, implement research, demonstration, and education programs to support adoption of integrated pest management. Requires Federal agencies to use and promote integrated pest management techniques. Title IV: Amendments to the Federal Food, Drug, and Cosmetic Act - Amends the Federal Food, Drug, and Cosmetic Act (FDCA) to redefine "pesticide chemical," subject to exception, as any substance that is a pesticide, or any active ingredient thereof, within the meaning of FIFRA. Defines "pesticide chemical residue," subject to exception, as a residue in or on a raw agricultural commodity or processed food of a pesticide chemical or any other added substance present as a result of a pesticide chemical's metabolism or other degradation. Deems a processed food not to be adulterated, within the meaning of FDCA, if there are present pesticide chemical residues at tolerance levels not considered unsafe. (Current law treats only raw agricultural commodities in this manner.) Sets forth requirements relating to tolerances and exemptions from tolerances for pesticide chemical residues in food, including residues of degradation products, which allow the presence in processed food at the tolerance applicable to the raw agricultural commodity from which the processed food is made. Prohibits establishment of a tolerance that is more stringent than a level the Administrator determines is adequate to protect the public health (i.e., if the dietary risk posed by such level of residues is negligible). Allows a greater than negligible dietary risk if: (1) use protects from greater adverse health effects to humans or the environment; (2) use avoids greater risks from another pesticide; or (3) the unavailability of the pesticide would reduce the availability of an adequate, wholesome, and economical domestic supply of the food. Prohibits issuance of a final rule that revokes, modifies, or suspends a tolerance or exemption until the Administrator has taken any necessary action under FIFRA with respect to the registration of the pesticide involved. Requires the Administrator, where a pesticide is labeled for use on a particular food, to: (1) revoke any tolerance or exemption that allows the presence of a particular chemical or its residue in or on such food if the Administrator cancels the registration of each pesticide that contains the chemical or modifies it to prohibit the pesticide's use in connection with such food; and (2) suspend any such tolerance or exemption upon the suspension of the use of each pesticide that contains the chemical. Provides for: (1) tolerances for unavoidable residues in the case of a residue of a canceled or suspended pesticide chemical that will unavoidably persist in the environment and be present in or on a food; and (2) residues resulting from an application which was lawful at the time of application but with respect to which the tolerance or exemption has since been revoked, suspended, or modified. Prohibits, subject to exception, a State from enforcing any limit on a qualifying pesticide chemical residue (as defined in this Act) in or on any food which is not identical to Federal requirements. Prohibits a State, absent an unreasonable dietary risk, from enforcing a limit on the level of residues in any food if the sale of such food containing such residue level was lawful at the time of application of the pesticide. Authorizes appropriations for increased monitoring of pesticide residues in imported and domestic food.
United States · United States Congress · 11 May 1995
TABLE OF CONTENTS: Title I: Workforce Development Infrastructure Subtitle A: State and Local Responsibilities Subtitle B: Amendments to Wagner-Peyser Act Title II: Youth Workforce Preparation and Development Consolidation Grant Subtitle A: State Funding Subtitle B: State Organizational, Planning, and Reporting Responsibilities Subtitle C: Subgrants for In-School and At-Risk Youth Programs Subtitle D: National Programs Title III: Adult Employment and Training Consolidiation Grant Subtitle A: Adult Employment and Training Consolidation Grant Subtitle B: Federal Programs Title IV: Adult Education, Family Literacy, and Library Technology Consolidation Grant Subtitle A: Funding Subtitle B: Grants to States Subtitle C: National Programs Title V: Amendments to Rehabilitation Act of 1973 Subtitle A: Vocational Rehabilitation Consolidation Grant Subtitle B: Other Amendments to Rehabilitation Act of 1973 Title VI: Amendments to the Higher Education Act of 1965 Subtitle A: Student Loan Marketing Association Subtitle B: College Construction Loan Insurance Association Title VII: Repealers and Other Amendments Consolidated and Reformed Education, Employment, and Retraining Systems Act (CAREERS Act) - Consolidates and revises workforce development and literacy programs. Authorizes appropriations. Title I: Workforce Development Infrastructure - Provides for the establishment of an infrastructure within the States of a system on which to build a comprehensive system of workforce development and literacy. Subtitle A: State and Local Responsibilities - Requires any State desiring to receive a grant under specified workforce development and literacy programs (WDL) (participant State) to: (1) establish a collaborative process regarding its State system; (2) develop a consolidated State workforce development and literacy plan to be submitted to the Secretaries of Education and of Labor; and (3) otherwise comply with this Act's requirements, including designating a State administrative agent for each grant requiring such an agent under this Act. (Lists the WDL programs as under: (1) the title II Youth Workforce Preparation and Development Consolidation Grant; (2) the title III Adult Employment and Training Consolidation Grant; (3) the title IV Adult Education, Family Literacy, and Library Technology Consolidation Grant; and (4) subtitle A of title V, revising title I of the Rehabilitation Act of 1973.) (Sec. 106) Requires any participant State to ensure establishment of a Local Workforce Development Board in each local workforce development area that it designates. Requires each local board to develop a biennial local strategic plan to be approved by local government officials. (Sec. 108) Requires participant States to ensure that each local board establish or designate a one-stop career center system in its area. Requires establishment of State criteria for such purpose, to be consistent with specified minimum requirements for such center systems. (Sec. 109) Provides for certification of education, training, and vocational rehabilitation service providers as eligible to receive funds under this title, through receipt of vouchers or otherwise, if they are eligible to participate in student aid programs under the Higher Education Act of 1965 or are determined to be eligible under State-established eligibility procedures, and if they provide certain performance-based information. Exempts providers of on-the-job training from such eligibility requirements. Directs the Workforce Development Board to collect such performance-based information from on-the-job training providers as the Governor may require, and to disseminate such information to the one-stop career centers. (Sec. 110) Requires each State to use a portion of the funds it receives under this Act to design a unified management information system that meets specified requirements. Subtitle B: Amendments to Wagner-Peyser Act - Amends the Wagner-Peyser Act to coordinate its provisions with those of this Act. Requires that at least 25 percent of authorized appropriations under such Act be used for the new labor market information program. Eliminates a Federal Advisory Council under such Act. (Sec. 132) Establishes a labor market information program under such Act. Directs the Secretary of Labor to oversee development, maintenance, and continued improvement of a nationwide system of labor market information. Requires such system to be planned, administered, overseen, and evaluated by a cooperative governance structure involving the Federal Government and the States. Directs the Secretary of Labor to prepare an annual plan, through the Bureau of Labor Statistics, to be the operational mechanism for achieving a cooperative Federal-State governance structure for labor market information. Title: I: Youth Workforce Preparation and Development Consolidation Grant - Subtitle A: State Funding - Directs the Secretary of Education to: (1) reserve a specified portion of funds under this Act for national programs under subtitle D; and (2) make allotments to States under this Act based on a formula derived from funding allotments under specified provisions of the Carl D. Perkins Vocational and Applied Technology Education Act and the Job Training Partnership Act. (Sec. 211) Requires Governors to: (1) make at least 90 percent of such State allotments available to local providers, and to use not more than eight percent for State programs and activities and two percent for administration; and (2) allocate 40 percent of the funds for local providers to eligible institutions for school youth programs, and 40 percent to local workforce development boards for at-risk youth programs, with the remainder to go to either or both of such types of programs. Sets minimum grant amounts for local educational agencies, postsecondary institutions, and local development boards. Subtitle B: State Organizational, Planning, and Reporting Requirements - Sets forth title II requirements for State plans to be submitted to the Secretary of Education. (Sec. 222) Requires State programs and activities to include an assessment of programs conducted with title II assistance, including development of: (1) program performance standards and measures; and (2) program improvement and accountability. Lists additional permissible uses of such funds. (Sec. 223) Authorizes States to make performance incentive awards to one or more eligible institutions or local providers that have exceeded performance goals or implemented exemplary workforce development systems at the local level. (Sec. 224) Requires each State receiving title II funds to develop and implement a statewide system of core standards and performance goals and measures, including specified characteristics. Subtitle III: Subgrants for In-School and At-Risk Youth Programs - Requires local workforce development boards and eligible institutions to form partnerships and submit comprehensive workforce development plans for in-school and at-risk youth, in order to receive subgrants under this subtitle. (Sec. 232) Directs States to distribute funds for: (1) in-school youth programs to eligible institutions; and (2) at-risk youth programs to local workforce development boards. Chapter 1: In-School Youth Programs - Sets forth certain requirements for eligible institutions' uses of funds for in-school programs, as well as additional permissible uses of such funds. Chapter 2: At-Risk Youth Programs - Sets forth certain requirements for local workforce development boards' uses of funds for at-risk youth programs, as well as additional permissible uses of such funds. (Sec. 246) Requires that the local workforce development board not operate such programs, but contract with eligible providers of (or providers using methodologies with) demonstrated effectiveness in serving the workforce preparation needs of at-risk youth. Subtitle D: National Programs - Authorizes the Secretary of Education directly or indirectly to carry out research, development, dissemination, demonstration programs, evaluation, capacity-building, and technical assistance activities with regard to services under this title, including support for occupational and career information systems. Directs the Secretary to establish a system to disseminate information resulting from research and development activities under this title. (Sec. 252) Directs the Secretary, through the Office of Educational Research and Improvement, to conduct an annual assessment of services and activities under this title, through competitive awards for independent studies and analyses. (Sec. 253) Authorizes the Secretary to establish one or more national centers in the areas of applied research, development, and dissemination. Provides that the center in existence on the date of enactment of this Act shall continue to receive assistance in accordance with its current award. Requires such centers to prepare annual summaries of key research findings, for submission to the Secretaries of Education and of Labor and specified congressional committees. Title III: Adult Employment and Training Consolidation Grant - Subtitle A: Adult Employment and Training Consolidation Grant - Directs the Secretary of Labor to provide a grant for employment, job training, and related assistance for adults to each State that submits a state workforce development and literacy plan under title I. Sets forth requirements for: (1) allotments to States, based on certain allotments under the Job Training Partnership Act; (2) within- State allocation, with reserved funds for statewide activities, and with mandatory and discretionary activities; (3) additional State plan requirements; (4) required use of funds for provision of core services through one-stop career centers, and permissible uses of funds for specified types of intensive services, education and training services, and additional supportive services and needs-related payments; (4) statewide systems of core standards and performance goals and measures. Subtitle B: Federal Programs - Authorizes the Secretary of Labor to use such certain funds to make national discretionary: (1) grants for dislocated workers to specified eligible entities to address major economic dislocations resulting from plant closures, base closures, or mass layoffs; and (2) incentive grants to States as performance incentive awards for having achieved exceptional performance through implementing statewide workforce development systems. (Sec. 312) Authorizes the Secretary to use such funds also to provide disaster relief employment assistance to Governors of States with areas that have suffered an emergency or major disaster as defined under specified provisions of the Robert T. Stafford Disaster Relief and Emergency Assistance Act. (Sec. 313) Directs the Secretary to use such funds also to carry out specified research, demonstration, capacity-building, technical assistance, and evaluation activities. Authorizes special grants to eligible entities to carry out activities most appropriately administered at the national level. (Sec. 314) Authorizes the Secretary to use such funds also to provide grants to States for up to 50 percent of the costs of providing loans to eligible entities for skills upgrading of non- managerial employees. Requires the State to establish: (1) a reserve fund for such loan guarantees with such assistance; and (2) criteria for such loan guarantees. (Sec. 315) Directs the Secretary of Labor to use such funds also to make grants, contracts, or cooperative agreements for specified entities to provide employment, training, and education for Native Americans, Alaska Natives, and Hawaiian Natives. Authorizes a transfer of authority to the Secretary of Labor from the Secretary of Education to carry out any portion of such assistance devoted to vocational education activities, including support for the United Tribes Technical College and Crowpoint Institute of Technology. Allows recipient entities to consolidate such assistance with that for related programs under the Indian Employment, Training, and Related Services Demonstration Act. (Sec. 316) Directs the Secretary of Labor to use such funds also to make grants, contracts, or cooperative agreements with specified eligible entities to provide certain types of employment, training, and education assistance for migrant and seasonal farmworkers. Authorizes a transfer of authority to the Secretary of Labor from the Secretary of Education to carry out any portion of such assistance devoted to education activities. Title IV: Adult Education, Family Literacy, and Library Technology Consolidation Grant - Subtitle A: Funding - Directs the Secretary of Education to reserve specified amounts annually for: (1) national competitive incentive grants; (2) the National Institute for Literacy; and (3) national leadership and evaluation activities. Provides for an initial allotment, and additional allotments to States according to formulas based on State population and number of qualifying adults. Defines qualifying adult as one who is between ages 16 and 61, beyond age of compulsory school attendance, without a secondary school diploma or equivalent, and not currently enrolled in elementary or secondary school. Subtitle B: Grants to States - Directs the Secretary to make an annual grant allotment to a State if it has satisfied requirements under title I and this title and enters an agreement about use of grant funds. (Sec. 422) Requires States to use grant funds to distribute competitive grants to local service providers and provide assistance to the State library administrative agency for specified purposes. Requires local service providers to use their grants from the State to establish or operate one or more programs providing instruction or services within described categories of: (1) adult basic education; (2) adult secondary education; (3) English literacy instruction; and (4) family literacy services. (Sec. 423) Sets forth additional grant requirements, including goals, progress indicators, and performance measures in specified categories. Subtitle C: National Programs - Directs the Secretary of Education to designate up to ten States as meeting the preliminary criterion for receipt of an incentive grant, based on the quality of plans submitted by States for the fiscal year preceding the fiscal year for which the State desires such grant. (Sec. 431) Requires such plans to describe a methodology, along with goals and performance measures, by which the State educational agency will collaborate with other state agencies to provide services to raise the education level and improve the employment skills of these target populations: (1) parents who are educationally disadvantaged adults and who have a child less than eight years old; (2) families on public assistance; and (3) adults with more than one barrier to self-sufficiency, such as being unemployed or educationally disadvantaged. Requires the Secretary to make such grants for a fiscal year to those eligible States that are successfully implementing the plan and achieving the plan goals, under an allotment formula based on State population and success in achieving plan goals. (Sec. 432) Establishes a National Institute for Literacy, to be administered according to an interagency agreement of the Secretaries of Education, of Labor, and of Health and Human Services (the Interagency Group), with daily operations to be carried out by an appointed Institute Director. Establishes an Advisory Board to make recommendations on planning Institute goals and on implementing programs to achieve such goals. Sets forth Institute duties, authorized activities, and biennial reporting requirements. Authorizes the Institute to award literacy leadership fellowships, as well as paid and unpaid internships. (Sec. 433) Authorizes the Secretary to establish and carry out a program of national leadership and evaluation activities to enhance the quality of adult education and family literacy programs nationwide, directly or through grants, contracts, and cooperative agreements. Title V: Amendments to Rehabilitation Act of 1973 - Subtitle A: Vocational Rehabilitation Consolidation Grant - Chapter 1: Transition Period - Directs the Secretary of Education, through the Commissioner of the Rehabilitation Services Administration (RSA), to administer the amendment made by chapter 2 in a specified manner during a transition period. Chapter 2: Revision of Title I of Rehabilitation Act of 1973 - Amends the Rehabilitation Act of 1973 (RA) to revise title I, Vocational Rehabilitation Services. Directs the Secretary of Education, through the Commissioner of the RSA, to make RA formula grants to States that submit workforce development and literacy plans that meet requirements under this Act. Authorizes appropriations. (Sec. 102) Requires States to reserve not more than ten percent of such a grant for carrying out specified responsibilities of State administrative agents, and at least 90 percent for carrying out certain responsibilities of local workforce development boards and one-stop career centers with respect to workforce development areas. (Sec. 105) Sets forth requirements for: (1) individual eligibility; (2) State Rehabilitation Advisory Councils; and (3) allotment amounts. Subtitle B: Other Amendments to Rehabilitation Act of 1973 - Eliminates RA provisions: (1) (under title III, Training and Demonstration Projects) for vocational rehabilitation services for individuals with disabilities, loan guarantees for community rehabilitation programs, construction of the Commissioner's authority and appropriation of excess funds, migratory workers program grants, special recreational programs grants, and supported employment programs and grants; and (2) (under title VI, Employment Opportunities for Individuals with Disabilities) for community service employment pilot programs for individuals with disabilities, supported employment services for individuals with disabilities, business opportunities for individuals with disabilities, and (after a two-year period) projects with industry. Title VI: Amendments to the Higher Education Act of 1965 - Subtitle A: Student Loan Marketing Association - Amends the Higher Education Act of 1965 (HEA) to provide for the reorganization of the Student Loan Marketing Association (Sallie Mae) through the formation of a holding company and the cessation of Federal sponsorship. Subtitle B: College Construction Loan Insurance Association - Amends HEA to provide for the privatization and renaming of the College Construction Loan Insurance Association and the cessation of Federal sponsorship. Title VII: Repealers and Other Amendments - Repeals: (1) the Carl D. Perkins Vocational and Applied Technology Education Act; (2) the School-to-Work Opportunities Act of 1994; (3) the Adult Education Act; (4) the National Literacy Act of 1991, except certain provisions; (5) the Library Services and Construction Act; (6) the library media resources program under the Technology for Education Act of 1994; (7) the Job Training Partnership Act, except provisions for the Job Corps and its authorization of appropriations; (8) provisions of the Stewart B. McKinney Homeless Assistance Act relating to State literacy initiatives for adult education for the homeless and to job training for the homeless (except homeless veterans' reintegration projects); (9) various provisions under the Higher Education Act of 1965 (including ones relating to articulation agreements, access and equity to education through telecommunications, academic libraries and information services, national early intervention scholarships, presidential access scholarships, model program community partnerships and counseling grants, database and information line on student financial assistance, technical assistance for teachers and counselors, State student incentive grants, special programs for students whose families are engaged in migrant and seasonal farmwork, special child care services for disadvantaged college students, loan forgiveness for teachers and nurses and individuals performing national community service, training in financial aid services, State postsecondary review entity programs, State and local programs for teacher excellence, national teacher academies, Douglas teacher scholarships, the Teacher Corps, class size demonstration grants, middle school teaching demonstration programs, new teaching careers, national mini corps programs, demonstration grants for critical language and area studies, foreign languages and cultures instructional materials development, small State teaching initiatives, faculty development grants, early childhood staff training and professional enhancement, intensive summer language institutes, foreign language periodicals, academic and library facilities, cooperative education programs, women and minority participation in graduate education, Harris fellowships, Javits fellowships, faculty development fellowships, legal training for the disadvantaged, law school clinical programs, special projects in areas of national need, science and engineering access programs, women and minorities science and engineering outreach demonstration programs, Eisenhower leadership programs, and community service programs); (10) provisions of the Education Amendments of 1986 relating to a National Academy of Science study and to American Indian, Alaska Native, and Native Hawaiian culture and art development; (11) provisions of the Education Amendments of 1992 relating to American Indian postsecondary economic development scholarships, American Indian teacher training, a national survey of factors associated with participation, a study of environmental hazards in higher education institutions, a national job bank for teacher recruitment, a national clearinghouse for postsecondary education materials, school-based decisionmakers, sexual offenses education, Olympic scholarships, and advanced placement fee payment programs.
United States · United States Congress · 9 May 1995
Expresses the sense of the Congress that economically targeted investments violate specified provisions of the Employee Retirement Income Security Act of 1974 (ERISA) relating to a fiduciary's responsibility to serve the interests of employee benefit plan participants and beneficiaries exclusively. Requires that the application of such ERISA provisions to employee benefit plan asset investments be determined without regard to a specified Department of Labor (DOL) interpretive bulletin or any other similar directive regarding economically targeted investments. Prohibits DOL officers or employees from traveling, lecturing, or otherwise expending DOL resources to promote, directly or indirectly, economically targeted investments. Amends ERISA to prohibit Federal agencies or instrumentalities from establishing or maintaining any clearinghouse or other database relating to economically targeted investments for employee benefit plans. Directs Federal agencies and instrumentalities to immediately terminate contracts or other arrangements which violate this Act.
United States · United States Congress · 3 May 1995
False Identification Act of 1995 - Amends the Federal criminal code to reduce the minimum number of documents to three (currently, five) for certain offenses involving fraud and related activity in connection with identification documents. Sets criminal penalties for knowingly sending through the mails or producing, with the intention or knowledge that it will be deposited for mailing, any unverified identification document that bears a birth date showing the individual named in the document to be 21 years of age or older, when in fact that individual has not attained age 21.
United States · United States Congress · 7 April 1995
Propane Education and Research Act of 1995 - Authorizes the qualified industry organizations (the National Propane Gas Association, the Gas Processors Association, or successor organizations, or a group of retail marketers or producers who collectively represent at least 25 percent of the volume of propane sold or produced in the United States) to conduct, at their own expense, a referendum among producers and retail marketers for the creation of a Propane Education and Research Council. Directs the Council, if established, to develop programs (including programs to enhance consumer and employee safety and training) and enter into contracts for: (1) propane research and development; (2) consumer education; and (3) payment for program costs with funds collected under this Act. Requires the Council to reimburse the Secretary of Energy annually for any costs incurred by the United States, but not to exceed the average annual salary of Department of Energy employees. Prescribes guidelines under which the Council shall set annual assessments on odorized propane to cover program costs. Directs the Council to establish a program to coordinate its operations with any State propane education and research council. Prohibits Council funds from being used for lobbying activities. Directs the Secretary of Commerce to annually prepare and make available to the Council, the Secretary of Energy (Secretary), and the public, an analysis of changes in propane prices relative to other energy resources. Requires the Council to restrict its activities to research and development, training, and safety whenever in any year the five-year average rolling price index of consumer grade propane exceeds by more than 10.1 percent the five-year rolling average price composite index of residential electricity, residential natural gas, and refiner price to end users of Number 2 fuel oil. Requires the price of propane to be determined by market forces in all cases. Prohibits the Council from taking action to pass the cost of the annual assessments to consumers. Requires the Secretary of Commerce to report biennially to the Congress and the Secretary on: (1) whether operation of the Council, in conjunction with the cumulative effects of market changes and Federal programs, has had an effect on propane consumers, including residential, agriculture, process, and nonfuel users; and (2) whether there have been long-term and short-term effects on propane prices as a result of Council activities and Federal programs.
United States · United States Congress · 7 April 1995
Consumer Fraud Prevention Act of 1995 - Amends the Federal criminal code to subject to civil forfeiture any property constituting, derived from, or traceable to any proceeds obtained as a result of telemarketing fraud. Directs that any such property or proceeds be used to the extent needed, as determined by the Attorney General, for the national telemarketing fraud information hotline (established under the Violent Crime Control and Law Enforcement Act of 1994) and other enforcement of telemarketing fraud provisions. Directs the court, in sentencing for telemarketing fraud, to order that the offender forfeit to the United States any property constituting or derived from proceeds obtained as a result of the offense. Specifies that the payment of an amount due pursuant to mandatory restitution for telemarketing fraud shall have priority over the payment of fines or the forfeiture of property under criminal forfeiture provisions. Directs the U.S. Sentencing Commission to amend the sentencing guidelines to increase by two levels: (1) the vulnerable victim adjustment; and (2) the level for any fraud offense if the defendant conducted activities to further the fraud from a foreign country in order to impede prosecution. Requires any presentence report required under the Federal Rules of Criminal Procedure to include information about the age of each victim of each fraud offense for which a defendant is convicted.
United States · United States Congress · 7 April 1995
Citizens' Protection From Violent Crime Act of 1995 - Amends the Federal criminal code to set mandatory prison terms for possessing, brandishing, or discharging a firearm or destructive device during a Federal or State crime that is a serious violent felony or serious drug offense, with exceptions involving defense of person or property during the course of a crime committed by another person. Sets forth penalties for second or subsequent convictions. Bars the court from imposing probation or a concurrent term of imprisonment for offenses under this Act. Prohibits releasing any such individual for any reason during a term of imprisonment imposed under this Act. Requires the court to sentence a person convicted of transporting, receiving, or possessing a firearm or ammunition in interstate commerce to not less than five years in prison if the person has a prior conviction for a serious violent felony and not less than ten years in prison if the person has two such prior convictions. Makes certain serious juvenile drug offenses predicate offenses under the Armed Career Criminal Act. Includes within the definition of "crime of violence" specified offenses relating to the possession of explosives and firearms by convicted felons. Directs the Attorney General to establish an armed violent criminal apprehension program. Declares that a person not prohibited by Federal law from receiving a firearm shall have the right to use firearms within a home in defense of self or other persons against a reasonably perceived threat of imminent and unlawful infliction of serious bodily injury. Authorizes a person whose right is violated to bring an action in U.S. district court against a person or government. Sets forth provisions regarding attorney's fees and the statute of limitations. Repeals the ban on semiautomatic firearms and on large capacity ammunition feeding devices under the Violent Crime Control and Law Enforcement Act of 1994.
United States · United States Congress · 6 April 1995
Occupational Safety and Health Administration Consultation Services Authorization Act of 1995 - Requires the Secretary of Labor, in the administration of the Occupational Safety and Health Act of 1970, to establish and support a program of cooperative agreements with the States under which employers subject to such Act may consult with designated State officials with respect to: (1) the application of occupational safety and health requirements under such Act or under State plans approved under such Act; and (2) voluntary efforts that employers may undertake to establish and maintain safe and healthful employment and places of employment.
United States · United States Congress · 5 April 1995
George C. Marshall Commemorative Coin Act - Directs the Secretary of the Treasury to mint and issue one-dollar silver coins and half-dollar clad coins in commemoration of the 50th anniversary of the Marshall Plan and George C. Marshall, its author. Directs the Secretary to pay surcharges received from coin sales to: (1) the George C. Marshall Foundation to be used to support its educational and outreach programs; and (2) the Friends of George C. Marshall to be used solely for the construction of the George C. Marshall Memorial and Vistor Center in Uniontown, Pennsylvania.
United States · United States Congress · 30 March 1995
Citizenship Reform Act of 1995 - Amends the Immigration and Nationality Act do deny automatic U.S. citizenship at birth to children born in the United States to parents who are not U.S. citizens or permanent resident aliens.
United States · United States Congress · 22 March 1995
FDA Export Reform and Enhancement Act of 1995 - Amends the Federal Food, Drug, and Cosmetic Act (FDCA) to modify the circumstances in which a drug, device, or biological product (including a partially processed biological product) may be exported.
United States · United States Congress · 21 March 1995
National Right-to-Work Act - Amends the National Labor Relations Act and the Railway Labor Act to repeal those provisions that require employees to pay union dues or fees as a condition of employment.
United States · United States Congress · 10 March 1995
Captive Exotic Animal Protection Act of 1995 - Amends the Federal criminal code to prohibit and set penalties for knowingly transferring, transporting, or possessing a confined exotic animal for purposes of allowing the killing or injuring of that animal for entertainment or the collection of a trophy.
United States · United States Congress · 8 March 1995
Nullifies any executive order or other rule or order that prohibits Federal contracts with, requires the debarment of, or imposes other sanction on a contractor on the basis that such contractor or an organizational unit thereof has permanently replaced lawfully striking workers.
United States · United States Congress · 8 March 1995
Bosnia and Herzegovina Self-Defense Act of 1995 - Directs the President to terminate the U.S. arms embargo of the Government of Bosnia and Herzegovina on the date of receipt of a request from such government for assistance in exercising its right of self-defense under the United Nations Charter or on May 1, 1995, whichever comes first.
United States · United States Congress · 8 March 1995
Constitutional Amendment - Makes persons who have been elected to the: (1) Senate two times ineligible for election to the Senate; and (2) House of Representatives six times ineligible for election to the House. Provides that election before this article is ratified shall not be taken into account, but makes valid any State limitation on service for Members of Congress, provided such limitation does not exceed the limitation set forth by this amendment.
United States · United States Congress · 2 March 1995
Directs the Secretary of the Interior to transfer to Oklahoma, with the consent of its Governor, the management of lands and waters within the Tishomingo National Wildlife Refuge in Oklahoma for administration by the Director of the Oklahoma Department of Wildlife Conservation. Requires such lands and waters to continue as a national wildlife refuge. Authorizes appropriations for annual grants from the Secretary to Oklahoma for such management.
United States · United States Congress · 2 March 1995
ROTC Campus Access Act - Prohibits the availability of Federal funds by contract or grant to any institution of higher education that has an anti-ROTC (Reserve Officer Training Corps) policy and at which the Secretary of Defense would otherwise seek to either establish a unit of the Senior ROTC or enroll students in such program. Requires notice of the anti-ROTC policy determination to be: (1) transmitted to the Secretary of Education and specified congressional committees; and (2) published in the Federal Register (along with a list of each institution currently ineligible for Federal funds due to such determination).
United States · United States Congress · 1 March 1995
Transfers all authorities, funds, and personnel of the Office of the Surgeon General of the Public Health Service to the Assistant Secretary for Health of the Department of Health and Human Services. Terminates the Office and the position of Surgeon General.
United States · United States Congress · 24 February 1995
Amends the Goals 2000: Educate America Act to eliminate the National Education Standards and Improvement Council (the Council). Prohibits any Federal agency from expending Federal funds for the development or dissemination of model or national content standards, national student performance standards, or national opportunity-to-learn standards. Eliminates the requirement that the National Education Goals Panel review and approve such standards and criteria. Terminates funding for: (1) the Council; (2) opportunity-to-learn development grants; and (3) assessment development and evaluation grants. Makes technical and conforming amendments to the Elementary and Secondary Education Act of 1965, the General Education Provisions Act, and the Education Amendments of 1978.
United States · United States Congress · 23 February 1995
District of Columbia Retrocession Act - Cedes the District of Columbia to Maryland after Maryland's acceptance of such retrocession. Maintains the exclusive legislative authority and control of the Congress over the National Capital Service Area in the District of Columbia.
United States · United States Congress · 23 February 1995
Repeals provisions regarding the Joint Committee on Printing. Transfers responsibilities of the Committee to the Public Printer. Directs the Public Printer to: (1) remedy neglect, delay, duplication, and waste in public printing and binding and the production of Government publications; (2) prescribe quality standards; (3) utilize requests for proposals and similar authorized purchasing methods where total or partial migration to new technologies is appropriate or when requested by the user; (4) prescribe Government specifications for printing paper and writing paper; (5) assist with the acquisition and transfer of equipment requisitioned by facilities previously authorized and with the disposal of such equipment; and (6) establish policy for the acquisition of printing and Government publications, formulated to maximize competitive procurement from the private sector (but which may provide for use of Government in-house printing and duplicating operations if they provide printing and duplicating at the lowest cost to the Government). Requires the Public Printer to promulgate rules and regulations for the procurement of printing and Government publications by the Government Printing Office (GPO) not inconsistent with this Act. Mandates that the annual report to the Congress include a report on: (1) the printing costs of each branch of Government; and (2) a cost comparison of printing and publications as procured through GPO, produced by each Federal agency, produced by commercial sources that are not Federal entities under contract with a Federal agency (other than GPO), and produced by commercial sources that are not Federal entities under contract with GPO. Directs the Public Printer to establish and maintain the following separate GPO accounts: (1) Superintendent of Documents; (2) Executive and Judicial Print Procurement; and (3) Congressional Services. Requires that all printing and Government publications for the Congress, the executive office, the judiciary (other than the Supreme Court), and every executive department, agency, independent office and establishment or Government entity be procured from private sector commercial entities by GPO, with exceptions. Revises provisions regarding: (1) competitive procurement; (2) limits on Government printing production; (3) the use of illustrations; (4) the form and style of work for departments. Sets forth provisions regarding: (1) departmental distribution of publications; (2) availability, inventory, dissemination, and re-publication of Government publications; (3) projections and reporting on costs for printing by Federal agencies; (4) scoring of sales of assets; (5) "Buy American" requirements; and (6) cost ceilings for certain congressional documents.
United States · United States Congress · 23 February 1995
Amends the Nuclear Waste Policy Act of 1982 to revise and rename it the Integrated Spent Nuclear Fuel Management Act of 1995. (Sec. 1) Instructs the Secretary of Energy (the Secretary) to accept spent nuclear fuel and high-level radioactive waste by not later than January 31, 1998. Entitles contract holders to specified remedies for the Secretary's failure to meet service contract obligations, or to accept spent nuclear fuel and high-level radioactive waste as mandated under this Act. States that the Nuclear Waste Fund shall fund the execution of service contract and implementation of the Secretary's responsibilities, including the acceptance of spent nuclear fuel and high-level radioactive waste at contract holder sites and transporting such fuel or waste to a private storage facility. Establishes an integrated spent nuclear fuel management system for spent nuclear fuel and high-level radioactive waste, including its storage, transportation, and disposal. Prescribes procedural guidelines for the use of: (1) railroads; (2) transportation planning and requirements; (3) multi-purpose canister systems; (4) interim storage facilities; (5) permanent disposal; (6) land withdrawal; and (7) private storage facilities. Prescribes consultation and assistance guidelines between the Secretary and the State of Nevada. Prescribes budget priorities for purposes of annual requests for appropriations from the Waste Fund. Prescribes a fee schedule for electricity and nuclear fuel used to generate electricity in a civilian nuclear power reactor. Sets forth advance contract prerequisites for utilization or production facility license renewals. Reestablishes the Nuclear Waste Fund and the Office of Civilian Radioactive Waste Management. Directs the Secretary to: (1) establish by rule the appropriate portion of the costs of managing high-level radioactive waste and spent nuclear fuel allocable to the interim storage or permanent disposal of high-level radioactive waste and spent nuclear fuel from atomic energy defense activities; and (2) advise the Congress annually of the amount of high-level radioactive waste and spent nuclear fuel from atomic energy defense activities requiring management in the integrated spent nuclear fuel management system. Subjects the Secretary to all Federal, State, and local environmental or land use laws and regulations, with specified exceptions. Grants the U.S. courts of appeals original and exclusive jurisdiction over civil actions under this Act. Provides that upon a contract holder's request, the Secretary shall take title to or possession of spent nuclear fuel or high-level radioactive waste without removing it from the contract holder's designated storage site if the Secretary cannot accept such items within the contract's acceptance schedule. Requires the NRC to promulgate regulatory guidelines for: (1) financial assurances for low-level radioactive waste site closures; and (2) training and qualification of civilian nuclear powerplant personnel. Reestablishes the Nuclear Waste Technical Review Board. Authorizes appropriations. Directs the Secretary to take action as necessary to improve the management of the civilian radioactive waste management program to ensure that it is operated to the maximum extent like a private business. States that the program is not subject to civil service regulations. Abolishes the Interim Storage Fund, the Monitored Retrievable Storage Commission, the Office of Subseabed Disposal Research, and the Office of Nuclear Waste Negotiator. Repeals all references to the Yucca Mountain site. Requires the Secretary to report to the Congress whether particular milestones have been reached with respect to: (1) multi-purpose canister systems; (2) land withdrawals; (3) interim storage facilities; and (4) acceptance of spent nuclear fuel from contract holders. Directs the Secretary to: (1) create a value engineering function within the Office of Civilian Radioactive Waste Management; and (2) employ on an on-going basis, integrated performance modeling regarding site characterization. (Sec. 2) Sets forth transition provisions for the continuation of: (1) contracts; (2) Nuclear Waste Fund; (3) Office of Civilian Radioactive Waste Management; and (4) Nuclear Waste Technical Review Board. (Sec. 3) Mandates that amounts in the Nuclear Waste Fund be appropriated exclusively for certain authorized purposes cited in the Nuclear Waste Policy Act of 1982. Precludes such appropriations from being taken into account for any budget enforcement procedures under the Balanced Budget and Emergency Deficit Control Act of 1985. Amends such Act to provide that appropriations to the Nuclear Waste Fund are not subject to its discretionary spending limits or to a certain allocation of the Energy and Waster Development Subcommittee of the Appropriations Committee. Reduces specified discretionary spending limits under the Congressional Budget Act of 1974.
United States · United States Congress · 21 February 1995
ERISA Targeted Health Insurance Reform Act of 1995 - Title I: Improved Access to Affordable Health Plan Coverage - Subtitle A: Increased Availability and Continuity of Group Health Plan Coverage for Employees and Their Families - Amends the Employee Retirement Income Security Act of 1974 (ERISA) to provide for access to, and continuity of, group health plan coverage. (Sec. 1001) Provides for: (1) nondiscrimination and limitations on preexisting condition exclusions; (2) portability; (3) requirements for renewability of coverage; and (4) group health plan participation standards. Encourages private standards-setting organizations for provider networks and utilization review under group health plans. Establishes standards applicable to insurers offering health insurance coverage to group health plans. Provides for enforcement with respect to insurers offering health insurance coverage to group health plans. Preempts State laws that differ from such uniform national standards under ERISA. Subtitle B: Requirements for Insurers Offering Health Insurance Coverage to Group Health Plans of Small Employers - Establishes ERISA requirements for insurers offering health insurance coverage to group health plans of small employers. (Sec. 1101) Requires insurers to offer general, catastrophic, and optional medisave coverage to small employers. Requires use of fair rating, uniform marketing materials, and miscellaneous consumer protections. Authorizes States to implement and enforce such uniform national standards. Grants States that elect to implement such standards the exclusive authority to enforce them as they apply to insurers only, and not to the group health plans purchasing health insurance coverage. Allows a three-year phase-in period during which States can conform existing standards with such uniform standards. Preempts differing standards after such period. Subtitle C: Encouragement of Multiple Employer Health Plans and Preemption - Limits the scope of State regulation. Prohibits: (1) State benefit mandates for group health plans; and (2) State prohibition of employer groups purchasing health insurance. Preempts State anti-managed care laws. (Sec. 1202) Preempts State laws for multiple employer health plans meeting Federal standards. Relieves exempted multiple employer health plans of certain restrictions on preemption of State law. Treats such plans as employee welfare benefit plans. Sets forth an exemption procedure and eligibility requirements, as well as additional requirements applicable to exempted multiple employer health plans. Requires: (1) disclosure to participating employers by arrangements providing medical care; (2) maintenance of reserves; and (3) notice for voluntary termination. Sets forth provisions for: (1) corrective actions and mandatory termination; (2) expiration, suspension, or revocation of exemption; and (3) review of actions of the Secretary of Labor. (Sec. 1203) Revises provisions relating to: (1) the scope of preemption rules; (2) treatment of single employer arrangements; and (3) treatment of certain collectively bargained arrangements. (Sec. 1206) Sets forth requirements for employee leasing health care arrangements. (Sec. 1207) Sets forth enforcement provisions relating to multiple employer welfare arrangements and employee leasing health care arrangements. (Sec. 1208) Sets forth filing requirements for multiple employer welfare arrangements offering health benefits. (Sec. 1209) Provides for cooperation between Federal and State authorities. (Sec. 1210) Revises provisions for treatment of employer health coalitions and health maintenance organizations. (Sec. 1211) Requires a single annual filing for all participating employers. Subtitle D: Remedies and Enforcement with Respect to Group Health Plans - Sets forth a claims procedure for group health plans, as well as court remedies for claims disputes. Subtitle E: Funding and Plan Termination Requirements for Self-Insured Group Health Plans - Sets forth special rules for funding and plan termination for self-insured group health plans. Subtitle F: General Provisions - Declares that nothing in this Act may be construed to require the coverage of any specific procedure, treatment, or service as part of a group health plan or health insurance coverage under this Act or through regulation.
United States · United States Congress · 21 February 1995
TABLE OF CONTENTS: Title I: Definitions and Special Rules Title II: Access to and Fair Rating of Health Insurance Coverage for Individuals Subtitle A: Increased Availability and Continuity of Health Insurance Coverage for Individuals Subtitle B: Establishment of Standards; Enforcement; Effective Dates Targeted Individual Health Insurance Reform Act of 1995 - Title I: Definitions and Special Rules - Sets forth definitions for this Act, including defining "medisave coverage" as consisting of: (1) coverage of expenses exceeding a catastrophic deductible amount; and (2) a cash benefit that accumulates while not used, to be used for deductibles, cost-sharing, and other expenses. Title II: Access to and Fair Rating of Health Insurance Coverage for Individuals - Subtitle A: Increased Availability and Continuity of Health Insurance Coverage for Individuals - Regulates the periods during which insurers of individuals may deny, limit, or exclude coverage based on health status or related matters. (Sec. 2002) Reduces any exclusion period by any time in continuous coverage. Considers newborns and adopted children as not having any preexisting condition. (Sec. 2003) Prohibits cancellation (or denial of renewal) except for premium nonpayment, fraud, or plan noncompliance, or if the insurer is ceasing to provide any such coverage. (Sec. 2011) Requires insurers of individuals to meet the standards of these provisions. Provides for determination by the Secretary of Health and Human Services that a private entity has established standards for provider networks. (Sec. 2012) Prohibits coverage denial on the basis of a utilization review program unless the program meets the standards determined by the Secretary to have been established by a private entity. (Sec. 2021) Requires insurers of individuals to make available general, catastrophic, and medisave coverage. (Sec. 2022) Prohibits rates from varying except for specified factors. Subtitle B: Establishment of Standards; Enforcement; Effective Dates - Provides for development: (1) by the National Association of Insurance Commissioners of standards regarding subtitle A; and (2) by a private entity regarding utilization review standards. (Sec. 2102) Allows States to elect whether to enforce standards under this Act. Directs the Secretary to enforce them if a State does not. (Sec. 2103) Preempts related State or local standards and laws, including certain State anti-managed care laws.
United States · United States Congress · 14 February 1995
TABLE OF CONTENTS: Title I: Seeking Sanctions Against the Castro Government Title II: Assistance to a Free and Independent Cuba Title III: Protection of American Property Rights Abroad Cuban Liberty and Democratic Solidarity (LIBERTAD) Act of 1995 - Title I: Seeking Sanctions Against the Castro Government - Expresses the sense of the Congress that: (1) the President should instruct the U.S. Permanent Representative to the United Nations to seek within the Security Council a mandatory international embargo against the Cuban Government; and (2) efforts by any state to make the nuclear facility at Cienfuegos operational will have a detrimental impact on U.S. assistance to and relations with such state. (Sec. 102) Reaffirms a provision of the Cuban Democracy Act of 1992 that states that the President should encourage foreign countries to restrict trade and credit relations with Cuba. Urges the President to take steps to apply sanctions described by such Act against countries assisting Cuba. Declares that the President should instruct the Secretary of the Treasury and the Attorney General to enforce the Cuban Assets Control Regulations. (Sec. 103) Prohibits any U.S. person from extending any loan or other financing to a foreign person that traffics in property confiscated by the Cuban Government the claim to which is owned by a U.S. person. Terminates such prohibition upon termination of the economic embargo of Cuba. (Sec. 104) Directs the Secretary to instruct the U.S. executive directors of the international financial institutions to oppose the admission of Cuba as a member of such institutions until Cuba holds free and fair democratic elections. Requires the President to support Cuba's membership in such institutions during the period that a transition government is in power, subject to the membership taking effect after a democratically-elected government is in power. Reduces U.S. payments to institutions that approve assistance to Cuba over the opposition of the United States. (Sec. 105) Directs the President to report to the appropriate congressional committees on progress towards the withdrawal of personnel of any independent state of the former Soviet Union from the Cienfuegos nuclear facility. Amends the Foreign Assistance Act of 1961 to make ineligible for assistance any independent state that is providing assistance for, or engaging in nonmarket based trade with, Cuba. Withholds from assistance allocated for an independent state an amount equal to the assistance and credits provided by such state in support of military and intelligence facilities in Cuba. (Sec. 106) Requires the Director of the U.S. Information Agency to implement a conversion of television broadcasting to Cuba under the Television Marti Service to ultra high frequency broadcasting. (Sec. 107) Directs the President to report annually to the appropriate congressional committees on assistance and commerce received by Cuba from other foreign countries. (Sec. 108) Prohibits the importation into U.S. customs territory of any sugars, syrups, and molasses that are the product of a country that has imported Cuban sugar, syrups, or molasses. Makes such prohibition inapplicable if such country certifies to the President that it will not import Cuban sugar, syrups, or molasses until free and fair elections are held in Cuba. Authorizes the President to reallocate to other countries the quota of sugars, syrups, and molasses allocated to such a country during the period in which a prohibition is in effect. Title II: Assistance to a Free and Independent Cuba - Requires the President to develop a plan for providing economic assistance to Cuba at such time that a transition or a democratically-elected government is in power. Limits assistance for a transition government to humanitarian assistance, specified assistance comparable to that provided under the Foreign Assistance Act of 1961 for the economic and democratic development of the independent states of the former Soviet Union, and military adjustment assistance. Expands assistance to include development and agricultural assistance and export financing (as well as other specified assistance) when a democratically-elected government is in power. (Sec. 202) Requires the President to take steps to: (1) obtain the agreement of other countries, international financial institutions, and multilateral organizations to provide comparable assistance to Cuba; and (2) encourage the Organization of American States (OAS) to create a special emergency fund for deploying human rights observers and election support and observation in Cuba. Withholds up to $5 million of U.S. arrearages to the OAS until the OAS agrees to make available an equivalent amount for the special fund. Directs the President to determine whether to designate Cuba as a beneficiary country pursuant to the Caribbean Basin Economic Recovery Act. Permits such designation only after a democratically-elected government is in power. Amends such Act to make Cuba eligible for such designation. Requires the President, upon transmittal to the Congress of a determination that a democratically-elected government is in power, to: (1) enter into a preliminary agreement with Cuba providing for extension of the North American Free Trade Agreement or to seek the creation of an economic community with Cuba; and (2) designate a United States-Cuba Council to ensure coordination between the U.S. Government and private sector in responding to change and promoting market-based development in Cuba and to establish periodic meetings between the U.S. and Cuban private sectors for facilitating bilateral trade. (Sec. 204) Authorizes appropriations. (Sec. 205) Terminates the U.S. economic embargo against Cuba upon the President's transmittal to the Congress of a determination that a democratically-elected government is in power in Cuba. (Sec. 206) Sets forth conditions under which a government in Cuba will be considered transitional or democratic. Title III: Protection of American Property Rights Abroad - Amends the Immigration and Nationality Act to exclude from the United States aliens involved in the confiscation of property owned by U.S. persons. (Sec. 302) Sets forth provisions regarding liability for damages owed to U.S. persons by persons or governments trafficking in confiscated property. Grants U.S. district courts exclusive jurisdiction over such actions. (Sec. 303) Amends the International Claims Settlement Act of 1949 to authorize a U.S. national to bring a claim resulting from expropriation actions of the Cuban Government to the Foreign Claims Settlement Commission for certification of the amount and validity whether or not the U.S. national qualified as a U.S. national at the time of the action. Requires claimants to be U.S. nationals at the time of confiscation in the case of property confiscated after the date of enactment of this section.
United States · United States Congress · 13 February 1995
Volunteer Protection Act of 1995 - Prescribes circumstances under which volunteers working for nonprofit organizations or government entities shall be immune from personal financial liability for acts on behalf of the organization or entity. Sets forth exceptions and conditions that a State may impose on the granting of such immunity. Requires the Secretary of Health and Human Services to increase by one percent the fiscal year allotment which would otherwise be made to a State to carry out the Social Services Block Grant Program under title XX of the Social Security Act if such State has, within two years, certified to the Secretary that it has enacted a State law which provides such immunity. Provides for the continuation of such increase based on an annual recertification.
United States · United States Congress · 9 February 1995
Helium Privatization Act of 1995 - Amends the Helium Act to authorize the Secretary of the Interior to: (1) enter into agreements with private parties for the recovery and disposal of helium on Federal lands; (2) grant leasehold rights to such helium; (3) store and transport crude helium; and (4) maintain and operate existing crude helium storage at the Bureau of Mines Cliffside Field. Directs the Secretary to: (1) cease producing, refining, and marketing refined helium; and (2) dispose of all facilities, equipment, and Federal property interests relating to refined helium activities. Requires the Secretary to impose fees for helium storage, withdrawal, or transportation services. Prescribes guidelines for: (1) the purchase of helium by Federal agencies from certain private persons; and (2) the sale of crude helium by the Secretary. Prohibits the Secretary from making crude helium sales in amounts that will disrupt the crude helium market price. Mandates that proceeds from helium sales be paid to the Treasury. Instructs the Secretary to eliminate helium stockpiles by a prescribed deadline. Repeals the Secretary's authority to borrow under the Helium Act. Directs the Inspector General of the Department of the Interior to prepare certain annual financial statements for the Helium Operations of the Bureau of Mines.
United States · United States Congress · 7 February 1995
Truth in Budgeting Act - Prohibits the receipts and disbursements of the Highway Trust Fund, the Airport and Airway Trust Fund, the Inland Waterways Trust Fund, and the Harbor Maintenance Trust Fund from being included in either the Federal budget as submitted by the President or in the congressional budget. Exempts such trust funds from any general statutory budget limitation. (Sec. 3) Amends Federal transportation law to require the Secretary of Transportation to estimate annually what, but for this Act, would be at the close of the next fiscal year: (1) the amount of unfunded aviation authorizations; and (2) the net aviation receipts. Requires the Secretary to: (1) determine the amount by which unfunded aviation authorizations does or does not exceed net aviation receipts; and (2) make appropriate adjustments to amounts authorized to be appropriated and the amounts available for obligation from the Airport and Airway Trust Fund based on the difference. (Sec. 4) Sets forth similar provisions with respect to the Inland Waterways and the Harbor Maintenance Trust Funds.
United States · United States Congress · 7 February 1995
Age Discrimination in Employment Amendments of 1995 - Amends the Age Discrimination in Employment Amendments of 1986 to repeal a provision which would have terminated an exemption for hiring and retirement plans applicable to State and local fire fighters and law enforcement officers. (This Act thereby preserves such exemption beyond 1993.) Amends the Age Discrimination in Employment Act of 1967 to set 55 years as the maximum hiring or minimum retirement age which States and localities may require for fire fighters and law enforcement officers unless there is an age of hiring and retirement in effect under applicable State or local law on March 3, 1983. Directs the Chairman of the Equal Employment Opportunity Commission to conduct a study in order to develop and issue, within four years after this Act's enactment, advisory guidelines for administering and using physical and mental fitness tests to measure the ability and competency of law enforcement officers and fire fighters to perform the requirements of their jobs. Requires opportunity for public comment. Requires the Chairman to propose, within two years after this Act's enactment, advisory standards for wellness programs for law enforcement officers and fire fighters. Authorizes appropriations.
United States · United States Congress · 3 February 1995
Superfund Recycling Equity Act of 1995 - Amends the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 to absolve persons (other than owners or operators) who arranged for the recycling of recyclable material from liability for environmental response actions. Deems transactions involving scrap paper, plastic, glass, textiles, or rubber (other than whole tires) to be arranging for recycling if the person who arranged the transaction demonstrates that the following criteria were met: (1) the recyclable material met a commercial specification grade and a market existed for the material; (2) a substantial portion of the material was made available for use as a feedstock for the manufacture of a new saleable product; (3) the material (or product to be made from the material) could have been a replacement for a virgin raw material; and (4) with respect to transactions occurring 90 days after this Act's enactment, the person exercised reasonable care to determine that the facility where the material would be managed by another was in compliance with Federal, State, or local environmental laws or regulations. Deems transactions involving scrap metal to be arranging for recycling if the person who arranged the transaction demonstrates that: (1) the criteria for scrap materials were met; (2) he or she complied with applicable standards regarding activities associated with the recycling of scrap metals; and (3) the scrap metal was not melted prior to the transaction. Deems transactions involving spent lead-acid, nickel-cadmium, or other batteries to be arranging for recycling if the person involved demonstrates that: (1) the criteria for scrap materials were met; and (2) he or she complied with applicable Federal environmental regulations or standards regarding such batteries. Makes the exemptions from liability under this Act inapplicable if the person: (1) had an objectively reasonable basis to believe at the time of the recycling transaction that the recyclable material would not be recycled or would be burned as fuel or for energy recovery or incineration or that the consuming facility was not in compliance with Federal, State, or local environmental laws or regulations; (2) added hazardous substances to the material for purposes other than processing for recycling; or (3) failed to exercise reasonable care with respect to the management of the material. Makes such exemptions inapplicable if the recyclable material contained polychlorinated biphenyls in excess of 50 parts per million or any new Federal standard.
United States · United States Congress · 2 February 1995
Prohibits the Administrator of the Environmental Protection Agency from continuing or beginning to conduct administrative or judicial enforcement actions against the following persons under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 if such persons did not directly cause the release or threat of release of the hazardous substance concerned and did not have knowledge of such release: (1) persons who arranged for the disposal, treatment, or transport of hazardous substances by another party at a facility owned by another party; and (2) persons who accepted hazardous substances for transport to disposal or treatment facilities or sites from which a release occurs which causes the incurrence of response costs. Places a moratorium on the authority of persons to seek contribution from another person who is: (1) potentially liable for hazardous substance releases during or following any civil action; and (2) not a party to a settlement, in cases where such persons have resolved liability to the United States or a State for an environmental response action for some or all of the costs in an approved settlement. Applies such moratorium to judicial actions initiated before this Act's enactment date that are pending as well as those initiated after such date. Provides that limitation periods with regard to the commencement of actions for the recovery of specified costs and damages shall be tolled for the period that a moratorium under this Act is in effect.
United States · United States Congress · 2 February 1995
Authorizes a named individual to bring a claim against the United States for the wrongful death of her husband in connection with allegedly negligent medical diagnosis and treatment by U.S. Army personnel.
United States · United States Congress · 1 February 1995
Fairness in Musical Licensing Act of 1995 - Revises Federal copyright law to provide that communication by electronic device of a transmission embodying a performance or display of a work by the reception of a broadcast, cable, satellite, or other transmission shall not be a copyright infringement unless an admission fee is charged to see or hear the transmission or the transmission is not properly licensed. Provides that a performance or display in a commercial establishment shall not be considered infringement if incidental to the main purpose of the establishment. Specifies that, if a general music user and a performing rights society are unable to agree on the appropriate fee to be paid for the user's past or future performance of musical works in the society's repertoire, the user shall be entitled to binding arbitration of such disagreement pursuant to the rules of the American Arbitration Association in lieu of any other dispute-resolution mechanism established by any judgment or decree governing the operation of such society. Requires the arbitrator to determine a fair and reasonable fee for the user's past and future performance of works in such society's repertoire and to impose a penalty for infringement if the user's past performance infringed the copyright of such works. Makes an arbitrator's determination binding on both parties. Sets forth provisions regarding civil actions for infringement that may be submitted to arbitration if the license fee for a performance is contested. Requires a performing rights society, at the request of any radio broadcaster, to offer the broadcaster a per programming license to perform nondramatic musical works in its repertoire. Directs that such license be offered on terms and conditions that provide an economically and administratively viable alternative to blanket licenses. Sets forth provisions regarding prices of such licenses. Requires, beginning January 1, 1998, the performance of nondramatic musical works by broadcasters under any per programming period license to be determined on the basis of statistically reliable sampling or monitoring by the society and prohibits the society from requiring the broadcaster to report such performance to the society. Authorizes such broadcasters to bring actions to require compliance with such requirements. Directs each performing rights society to make available free online computer access to copyright and licensing information for each work in its repertoire as well as a semiannual printed directory of each title in its repertoire. Requires such society, upon request, to provide to any person who may perform musical works in its repertoire, copies of documentation establishing the society's right to license the public performance of such works. Bars a society from instituting or being a party to any action alleging infringement in, or charging a fee under any per programming period license for, any work in the repertoire that is not identified or documented as described above, with exceptions. Requires the Attorney General to report annually to the Congress on the activities of the Department of Justice relating to the continuing supervision and enforcement of specified consent decrees of the American Society of Composers, Authors, and Publishers and Broadcast Music, Inc. Sets forth conditions under which landlords, organizers of conventions, or others making space available to another party are exempt from liability under any theory of vicarious or contributory infringement with respect to an infringing public performance of a copyrighted work by a tenant, lessee, or other user of such space. Provides that the transmission of religious services or the recording of copies or phonorecords of a transmission program embodying such services shall not be a copyright infringement.
United States · United States Congress · 1 February 1995
Private Property Owners Bill of Rights - Requires Federal agency heads to: (1) comply with applicable State and tribal government laws in implementing and enforcing the Endangered Species Act of 1973 (ESA) and the permitting program for dredged or filled material under the Federal Water Pollution Control Act (FWPCA); (2) administer and implement the Acts in a manner that least affects the private property owners' constitutional and other legal rights; (3) develop and implement rules and regulations for ensuring that such rights are protected when making any final decision that restricts the use of private property; (4) obtain the consent of the property owner and provide appropriate notice before entering privately-owned property in order to collect information on it; and (5) give the property owner an opportunity to review and dispute the data collected before using it to implement or enforce any of the Acts. Amends ESA and FWPCA to provide for administrative appeals of certain actions, including those related to the denial of permits and the imposition of administrative penalties. Entitles a private property owner deprived of 50 percent or more of the fair market value or the economically viable use of a portion of property as a consequence of a final qualified agency action to receive compensation upon request in accordance with specified guidelines. Amends ESA to require the Secretary of the Interior to notify all private property owners or lessees of property subject to a management agreement and provide an appropriate opportunity for their participation in such an agreement when the Secretary enters into it with any non-Federal person establishing restrictions on property use.
United States · United States Congress · 31 January 1995
Commercial Aviation Fuel Tax Repeal Act of 1995 - Amends the Internal Revenue Code to repeal the increase in tax on fuel used in commercial aviation scheduled to take effect after September 30, 1995.
United States · United States Congress · 30 January 1995
Teamwork for Employees and Managers Act of 1995 - Amends the National Labor Relations Act to allow employers to establish, assist, maintain, or participate in an organization or entity in which employees participate to address matters of mutual interest (including issues of quality, productivity, and efficiency) if such organizations or entities cannot negotiate, enter into, or amend collective bargaining agreements.
United States · United States Congress · 26 January 1995
Bartlett-Chapman-Stockman Assault Weapon Ban Repeal Act - Amends the Federal criminal code and the Violent Crime Control and Law Enforcement Act of 1994 to repeal prohibitions relating to semiautomatic assault weapons and large capacity ammunition feeding devices.
United States · United States Congress · 26 January 1995
Amends the Internal Revenue Code to restore the 25-percent deduction for health insurance costs of self-employed individuals for the taxable year 1994.
United States · United States Congress · 26 January 1995
A to Z Spending Cuts Plan - Reduces discretionary spending limits for FY 1995 in amounts equal to rescissions under this Act. Declares that reductions in outlays shall not be taken into account for sequestration purposes of the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act). Reduces discretionary spending limits for FY 1995 through 1998 by the amount of rescissions and additional savings under this Act. Expresses the sense of the Congress that each reduction in the discretionary spending caps caused by the spending cuts of this Act shall result in reduction in future spending for that particular program only.
United States · United States Congress · 23 January 1995
Prohibits funds appropriated or otherwise available to the Department of Defense from being obligated or expended for activities of any element of the armed forces that is placed under the operational control of a foreign national acting on behalf of the United Nations (UN), unless the President certifies to the Congress that such operational control is necessary to protect vital U.S. national security interests. Requires a follow-up report from the President to the Congress within ten days after such a certification. Provides an exception to such prohibition in the case of elements involving fewer than 100 members of the armed forces in any one country.
United States · United States Congress · 20 January 1995
Pharmacy Compounding Preservation Act of 1994 - Amends the Federal Food, Drug, and Cosmetic Act to make such Act inapplicable to: (1) licensed retail pharmacies that compound drugs in conformance with applicable local laws regulating the practice of pharmacy and medicine; and (2) bulk drug products intended to be used by pharmacies for compounding, except to the extent that such provisions relate directly to the purity and quality of such bulk drug products.
United States · United States Congress · 19 January 1995
Amends title XVIII (Medicare) of the Social Security Act and other Federal law to make any managed health care plan established by the Secretary of Defense in the Military Health Services System eligible for payments by the Secretary of Health and Human Services on behalf of any plan enrollees entitled to Medicare benefits.
United States · United States Congress · 19 January 1995
Amends the Endangered Species Act of 1973 to prohibit the Secretary of the Interior from determining a species to be an endangered or threatened species, or from designating a critical habitat of a species, until such Act has been reauthorized.
![Official portrait of Rep. Ballenger, Cass [R-NC-10]](https://www.congress.gov/img/member/b000104_200.jpg)