United States · United States Congress · 21 September 1995
Medicare Physician Ownership Referral Reform Act of 1995 - Amends title XVIII (Medicare) of the Social Security Act to: (1) repeal the prohibition of physician referrals to certain entities with which the referring physician has a financial relationship if such relationship is based on compensation arrangements only; (2) eliminate reporting requirements under such provisions; (3) provide that such provisions preempt State law to the extent it is inconsistent; and (4) limit the designated health services subject to such prohibition to items and services furnished by a community pharmacy, magnetic resonance imaging and computerized tomography services, and outpatient physical therapy services. Revises exceptions to such prohibition against physician referrals to an entity in which the referring physician has an ownership or investment relationship to: (1) repeal the site-of-service requirement for excepted in-office ancillary services; (2) revise the exceptions for services furnished in a rural area and for pre-paid plans; and (3) add new exceptions for shared facility services, services furnished in communities with no alternative providers, in ambulatory surgical centers, in renal dialysis facilities, in a hospice, or in a comprehensive outpatient rehabilitation facility, and designated health services for which a physician or physician group is paid only on a capitated basis by a health plan or insurer. Amends the Omnibus Budget Reconciliation Act of 1993 to make its amendments to such physician referral limitations inapplicable until the Secretary of Health and Human Services promulgates final implementing regulations.
United States · United States Congress · 21 September 1995
Calls for the Government of the former Yugoslav Republic of Macedonia to: (1) ensure the fair treatment of all of its citizens regardless of ethnic background and the establishment of Albanian-language pedagogical faculties at established universities in Macedonia; and (2) consider all means by which higher education conducted in the Albanian language can be provided, including the establishment of an Albanian-language university. Commends the efforts by the High Commissioner for National Minorities of the Organization on Security and Cooperation in Europe, the Council of Europe, and the Working Group on Ethnic Minorities of the International Conference on the Former Yugoslavia to offer guidance and mediation to the Macedonian Government and representatives of the Albanian minority in resolving the issue of higher education in the Albanian language. Urges: (1) the President to express to that Government strong U.S. support for measures that will contribute to democracy and stability in Macedonia and offer appropriate support for the efforts of the High Commissioner and the Macedonian Government to ensure access to higher education in the Albanian language; and (2) the President of Macedonia to employ appropriate authority under the Constitution of Macedonia to pardon those convicted of charges relating to the events that accompanied attempts to open university-level classes in the Albanian language at Tetovo, Macedonia, in February 1995.
United States · United States Congress · 19 September 1995
Extends through December 31, 1998, the authority of the Department of Veterans Affairs to provide: (1) hospital care and medical services to Persian Gulf veterans exposed to toxic substances or environmental hazards during such service; and (2) outpatient services to such veterans. Extends through December 31, 1997: (1) the authority to contract with community-based treatment facilities for the care of eligible veterans suffering from alcohol or drug dependence or abuse disabilities; (2) the authority of a pilot program for furnishing veterans with noninstitutional alternatives to nursing home care (requires a report); (3) the Department's health professionals scholarship program (requires a report); (4) the authority of the Secretary of Veterans Affairs to enter into enhanced-use leases of Department real property (requires a report); (5) the authority under the Veterans' Benefits and Services Act of 1988 for a pilot program providing community-based residential care for homeless chronically mentally ill veterans; and (6) the Department's compensated work therapy and therapeutic transitional housing program. Extends through December 31, 1998, the authority under the Homeless Veterans Comprehensive Service Programs Act of 1992 for a pilot program to expand and improve Department benefits and services to homeless veterans. Extends through FY 1998 the authorization of appropriations for such pilot program. Directs the Secretary to report to the Congress on the advantages and disadvantages of consolidating specified veterans' programs. Directs the Secretary to review and report to the veterans' committees on the scientific evidence concerning military service during the Persian Gulf War and any disease associated with such service. Repeals the authority of the Secretary to make contracts and grants for providing care and treatment for veterans at the Department's Veterans Memorial Medical Center in the Philippines. Amends the National Defense Authorization Act for Fiscal Years 1992 and 1993 to authorize the display of the POW-MIA flag on the grounds of Department medical centers on any day in which the U.S. flag is displayed. Authorizes the Secretary to contract for the provision of utilities to the Audie L. Murphy Memorial Hospital in San Antonio, Texas. Designates the Department of Veterans Affairs Medical Center in Walla Walla, Washington, as the Jonathan M. Wainwright Department of Veterans Affairs Medical Center.
United States · United States Congress · 8 September 1995
TABLE OF CONTENTS: Title I: Veterans' Housing Programs Title II: Veterans' Employment and Training Title III: Employment and Reemployment Rights of Members of the Uniformed Services Veterans Housing, Employment Programs, and Employment Rights Benefits Act of 1995 - Title I: Veterans' Housing Programs - Extends permanently the authority of the Secretary of Veterans Affairs to: (1) negotiate interest rates charged to veterans on housing loans which are guaranteed or insured by the Department of Veterans Affairs; (2) carry out a demonstration project for guaranteeing veterans' housing loans in a manner similar to that in which adjustable rate mortgages are insured under the National Housing Act; (3) guarantee loans made to veterans for the purchase or construction of homes; (4) allow lenders of guaranteed loans to review home appraisals; and (5) enter into specified agreements with States, their political subdivisions, and nonprofit organizations for the provision of housing assistance for homeless veterans. Authorizes the Secretary to approve the issuance of, and guarantee timely payment of principal and interest on, certificates or other securities evidencing an interest in a pool of mortgage loans representing Department of Veterans Affairs-guaranteed housing loans, as long as such securities are issued on or before December 31, 2000 (currently, December 31, 1995). (Sec. 102) Requires specified veterans' housing loan information to be included in a current annual Department budget report required to be submitted to the Congress. Repeals superseded reporting requirements under the Veterans Home Loan Program Amendments of 1992. (Sec. 103) Amends the Stewart B. McKinney Homeless Assistance Act to: (1) extend through FY 1998 the authorization of appropriations for homeless veterans' reintegration projects; (2) revise the amount of appropriations authorized for FY 1997 and 1998; and (3) extend through FY 1998 the general authorization of appropriations and the authority under such Act. Title II: Veterans' Employment and Training - Directs the Secretary of Labor to assign regional administrators for the Veterans' Employment and Training Service (Service) in at least five geographic regions of the United States. (Currently, such representatives are required for each region for which the Secretary operates a regional office.) (Sec. 202) Authorizes the hiring of other support personnel for Directors and Assistant Directors for the Service. Revises eligibility requirements for persons appointed as Directors and Assistant Directors in any State for at least two years. (Sec. 204) Authorizes the Secretary of Labor to conduct a pilot program under which the primary responsibilities of local veterans' employment representatives will be case management and the provision and facilitation of direct employment and training services to veterans. Limits the pilot program to no more than five States. Requires reports to the Congress and the Senate and House Veterans' Affairs Committees. Terminates pilot program authority on October 1, 1998. Title III: Employment and Reemployment Rights of Members of the Uniformed Services - Requests the prompt reemployment of persons upon completion of any military service. (Currently, such request is limited to those who completed such service under honorable conditions.) Revises generally: (1) provisions prohibiting discrimination or acts of reprisal against persons who exercise certain employment or reemployment rights provided under current law, whether or not such person has performed military service; and (2) provisions guaranteeing reemployment rights to persons who serve in the armed forces. (Sec. 306) Prohibits an employer from requiring a person engaged in military service to use vacation, annual, or similar leave during such period of service. (Sec. 309) Allows a person to submit a complaint against the Office of Personnel Management for the enforcement of any employment or reemployment right. (Sec. 313) Empowers the Secretary, in conducting investigations concerning employment and reemployment rights of former military personnel, to interview persons with information relevant to such investigation. (Sec. 314) Provides transition rules and effective dates.
United States · United States Congress · 4 August 1995
Freedom and Human Rights for the Enclaved People of Cyprus Act - Directs the President to establish U.S. efforts to: (1) inform the U.S. Government, the United Nations, and foreign governments of the freedom and human rights restrictions on the enclaved people of Cyprus; (2) enlist the United Nations and foreign governments in efforts to end such restrictions; (3) establish U.S. Government programs of assistance to the people of Cyprus and efforts for the elimination of the restrictions; and (4) use funds allocated to the government or ethnic community participating in the imposition of such restrictions on the promotion of freedom and human rights for the people of Cyprus, or in the absence of such funds, establish a foreign assistance program for them. Requires the President to direct the U.S. representative to the United Nations to: (1) urge the U.N. High Commissioner for Refugees to address and solve the plight of those enclaved on Cyprus; and (2) call upon the U.N. Human Rights Commissioner to investigate their plight and implement appropriate corrective action.
United States · United States Congress · 4 August 1995
Extends through December 31, 1998, the authority of the Department of Veterans Affairs to provide hospital care and medical services to Persian Gulf veterans exposed to toxic substances or environmental hazards during such service, as long as symptoms become manifest before January 1, 1997. Extends through December 31, 1997: (1) the authority to contract with community-based treatment facilities for the care of eligible veterans suffering from alcohol or drug dependence or abuse disabilities; (2) the authority of a pilot program for furnishing veterans with noninstitutional alternatives to nursing home care (requires a report); (3) the Department's health professionals scholarship program (requires a report); (4) the authority of the Secretary of Veterans Affairs to enter into enhanced-use leases of Department real property (requires a report); (5) the authority under the Veterans' Benefits and Services Act of 1988 for a pilot program providing community-based residential care for homeless chronically mentally ill veterans; (6) the Department's compensated work therapy and therapeutic transitional housing program; and (7) the authority under the Homeless Veterans Comprehensive Service Programs Act of 1992 for a pilot program to expand and improve Department benefits and services to homeless veterans. Extends through FY 1997 the authorization of appropriations for such pilot program. Directs the Secretary to report to the Congress on the advantages and disadvantages of consolidating specified veterans' programs. Repeals the authority of the Secretary to make contracts and grants for providing care and treatment for veterans at the Department's Veterans Memorial Medical Center in the Philippines.
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 · 24 July 1995
Directs the Secretary of the Interior to make such corrections to specified Coastal Barrier Resources System maps as necessary to ensure consistency with the depictions of areas on maps on file with the Secretary.
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 · 12 July 1995
TABLE OF CONTENTS: Title I: Rechargeable Battery Recycling Act Title II: Mercury-Containing Battery Management Act Mercury-Containing and Rechargeable Battery Management Act - Directs the Administrator of the Environmental Protection Agency to establish a program to provide information on the proper handling and disposal of used regulated batteries and rechargeable consumer products with nonremovable batteries. Defines a "regulated battery" as a rechargeable battery that contains a cadmium or lead electrode or contains other electrode chemistries and is the subject of a specified determination by the Administrator. Establishes civil penalties for violations of this Act. Sets forth recordkeeping requirements and establishes access authorities for the Administrator. Authorizes appropriations. Title I: Rechargeable Battery Recycling Act - Rechargeable Battery Recycling Act - Prohibits any person from selling for use in the United States a regulated battery or a rechargeable consumer product ready for retail sale and manufactured on or after 12 months after this Act's enactment date unless the battery is easily removable from the product or is sold separately. Sets forth labeling requirements, including that the label contain a statement that the battery must be recycled or disposed of properly. Authorizes the Administrator, upon determining that other rechargeable batteries having electrode chemistries different from regulated batteries are toxic and may cause substantial harm if discarded for land disposal or incineration, to promulgate requirements for: (1) labeling such batteries and related products; and (2) easy removability of regulated batteries from rechargeable consumer products designed to contain such batteries. Provides for exemptions from this Act's requirements under certain conditions. Title II: Mercury-Containing Battery Management Act - Mercury-Containing Battery Management Act - Prohibits the sale or offering for sale or promotional purposes of: (1) alkaline-manganese batteries manufactured on or after January 1, 1996, with a mercury content that was intentionally introduced (limits the content in alkaline-manganese button cells to 25 milligrams of mercury per button cell); (2) zinc carbon batteries manufactured on or after January 1, 1996, that contain mercury that was intentionally introduced; (3) button cell mercuric-oxide batteries for use in the United States on or after January 1, 1996; and (4) any mercuric-oxide battery on or after January 1, 1996, unless the manufacturer identifies a collection site that has all required Federal, State, and local government approvals, to which persons may send such batteries for recycling or disposal and informs its purchasers of such site and of a telephone number to get information about sending such batteries for recycling or disposal. Authorizes the Administrator, upon the petition of a person that proposes a new use for a battery technology or the use of a battery described in this title in a new product, to exempt such new use or product from this title if there exist safeguards to ensure that the battery or product will not be disposed of in an incinerator, composting facility, or landfill (other than a facility regulated under subtitle C of the Solid Waste Disposal Act).
United States · United States Congress · 11 July 1995
Amends the National Defense Authorization Act for Fiscal Years 1992 and 1993 to authorize the display of the POW-MIA flag on the grounds of each Department of Veterans Affairs medical center. Directs the Administrator of General Services to procure and distribute POW-MIA flags to the medical centers within 30 days of this Act's enactment.
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 · 29 June 1995
Coastal Zone Management Reauthorization Act of 1995 - Amends the Coastal Zone Management Act of 1972 to authorize annual grants to States to develop coastal zone management programs. Limits each State to four (currently, two) grants. Authorizes grants to States to implement program changes. Allows financial assistance under existing provisions for research and monitoring in a national estuarine reserve to be used for research outside such a reserve if the activities support research inside the reserve. Authorizes appropriations for: (1) such development grants; (2) administering State management programs; (3) resource management improvement grants; (4) coastal zone enhancement grants; (5) grants under the National Estuarine Research Reserve System; (6) technical assistance; and (7) expenses incidental to the administration of the Act.
United States · United States Congress · 16 June 1995
TABLE OF CONTENTS: Title I: Emergency Relief for Areas with Substantial Need for Services Title II: Care Grant Program Title III: Early Intervention Services Title IV: General Provisions Title V: Additional Provisions Title VI: Effective Date Ryan White CARE Act Amendments of 1995 - Title I: Emergency Relief for Areas with Substantial Need for Services - Amends provisions of the Public Health Service Act relating to formula grants for emergency relief for areas with a substantial need for acquired immune deficiency syndrome (AIDS) services (emergency relief grants) to modify or create: (1) the criteria for determining which geographic areas are eligible; (2) the representation mandated on and the duties of the HIV (human immunodeficiency virus) services planning council in areas receiving grants; (3) grant distribution time limits; (4) limits on reductions in grants; (5) requirements regarding supplemental grants; (6) a requirement that formula and supplemental grants be expended in accordance with priorities established by the area's council; (7) the primary purposes of the grants; (8) the entities eligible to receive financial assistance from grant funds (including allowing for-profit entities in certain circumstances); (9) a requirement to use a specified percentage of grant funds for services to infants, children, and women with HIV disease; (10) limitations on administrative expenditures; and (11) application requirements (including allowing a single application for both formula and supplemental grants). Authorizes planning grants to assist an area that is projected to be eligible for a formula grant in the subsequent fiscal year in preparing for its responsibilities under the grant. Title II: Care Grant Program - Changes or adds provisions concerning a program of grants for health care and support services for individuals and families with HIV disease (care grant program) relating to: (1) the uses of the grants; (2) grants to establish HIV care consortia (including allowing grants to for-profit providers in certain circumstances); (3) application requirements; (4) State allocation of assistance; and (5) technical assistance. Title III: Early Intervention Services - Amends provisions relating to early intervention services to alter or establish provisions relating to: (1) the uses of categorical grants; and (2) making for-profit entities eligible. Authorizes early intervention services planning grants. Modifies application requirements. Authorizes appropriations for categorical grants. Title IV: General Provisions - Replaces provisions authorizing demonstration grants for research and services for pediatric HIV disease patients and pregnant women with HIV disease with provisions authorizing grants providing women, infants, and children: (1) opportunities to participate as subjects in research of potential clinical benefit regarding HIV disease; and (2) outpatient health care. Authorizes the use of limited funds for training and technical assistance. Authorizes appropriations. Mandates grants for demonstration projects that provide for the care and treatment of individuals with HIV disease that assess treatment model effectiveness, are innovative, and have the potential to be replicated locally or nationally. Requires reserving a specified percentage of the amounts available under title XXVI (HIV Health Care Services Program) of the Public Health Service Act for grants under this paragraph. Removes existing provisions relating to special projects of national significance. Transfers provisions (currently located in title VII (Health Professions Education) of the Public Health Service Act) authorizing grants and contracts to assist in training health care practitioners regarding HIV disease to such title XXVI. Modifies the projects for which the assistance may be used. Authorizes appropriations. Replaces an authorization of appropriations for carrying out provisions on evaluations and reports regarding title XXVI with provisions requiring that those evaluation and reporting provisions be carried out with amounts available under evaluation and reporting provisions of title II (Administration and Miscellaneous Provisions) of the Public Health Service Act. Title V: Additional Provisions - Modifies the formulas for determination of the amount of emergency relief grants and care grants. Authorizes appropriations to carry out the emergency relief grant program and the care grant program. Mandates development of a methodology for adjusting the percentages made available to each of those two programs. Repeals existing provisions authorizing appropriations separately for the two programs. Title VI: Effective Date - Sets forth the effective date for this Act.
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 · 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 · 18 May 1995
Vietnam POW-MIA Full Disclosure Act of 1995 - Prohibits the usage of Federal funds for the advancement of diplomatic or economic relations with the Socialist Republic of Vietnam unless the President: (1) provides a listing of the Americans unaccounted for from the Vietnam War about whom Vietnam is most likely to be able to provide remains or additional information; (2) certifies that Vietnam is cooperating fully with regard to recovery and repatriation of American remains, resolution of discrepancies, live-sightings and field activities, implementation of trilateral investigations with the Lao, and provision of documents on POW/MIAs; and (3) certifies that Vietnam is being fully forthcoming in providing access to Central Committee-level records pertaining to Americans captured or held during the war in Vietnam, Laos, and Cambodia.
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 · 3 May 1995
Makes a veteran exposed to herbicides in Vietnam during the Vietnam era eligible for hospital and nursing home care for any disease for which the National Academy of Sciences, in a report issued under the Agent Orange Act of 1991, has determined that: (1) there is sufficient evidence to conclude a positive association between the occurrence of the disease and exposure to a herbicide; (2) there is evidence suggestive of such an association, though the evidence is limited; or (3) available studies are insufficient to permit such a conclusion. Makes a veteran exposed to radiation during a period of active duty for training or inactive duty training eligible for hospital and nursing home care for: (1) any diseases currently listed in Federal provisions which presume a relation between such disease and a veteran's disability; or (2) any disease for which the Secretary of Veterans Affairs determines there is credible evidence of a positive association between the occurrence of such disease and exposure to ionizing radiation. Extends through December 31, 1997, the authorized period for the provision of hospital, nursing home, and outpatient care for certain veterans, including those herbicide- or radiation-exposed veterans described in this Act.
United States · United States Congress · 3 May 1995
TABLE OF CONTENTS: Title I: Development of Competitive Telecommunications Markets Title II: Cable Communications Competitiveness Title III: Broadcast Communications Competitiveness Title IV: Effect on Other Laws Title V: Definitions Communications Act of 1995 - Title I: Development of Competitive Telecommunications Markets - Amends the Communications Act of 1934 (the Act) to provide that the duty of a common carrier includes the duty to interconnect with the facilities and equipment of other providers of telecommunications and information services. Includes within the duty of a local exchange carrier specified duties with respect to: (1) interconnection; (2) unbundling of network elements; (3) resale; (4) number portability; (5) dialing parity; (6) access to rights of way; (7) network functionality and accessibility; and (8) good faith negotiation. Requires a local exchange carrier to provide, to any other carrier or person offering (or seeking to offer) a telecommunications or information service: (1) access to and interconnection with the facilities of the carrier's network at any technically feasible and economically reasonable point within the carrier's network on just and reasonable terms and conditions, upon request; and (2) reasonable and nondiscriminatory access on an unbundled basis to databases, signaling systems, poles, ducts, conduits, and rights-of-way owned or controlled by a local carrier that is at least equal to that afforded by the carrier to itself or to any other person and that is sufficient to ensure the full interoperability of the equipment and facilities of the carrier and of the person seeking such access. Sets forth provisions regarding: (1) preemption of State and local regulation of interstate or intrastate telecommunications services; (2) statements of terms and conditions for access and interconnection; (3) Bell operating company (BOC) entry into "interlata services" (telecommunications between a point located in a local access and transport area and a point located outside such area); (4) the convening of a Federal State Joint Board to recommend actions for the preservation of universal service; (5) pricing flexibility and abolition of rate-of-return regulation; (6) network functionality and accessibility; (7) illegal changes in subscriber carrier selections; (8) required periodic FCC studies regarding universal service, advanced telecommunications services for elementary and secondary school students, and accessibility by individuals with disabilities; and (9) exemptions for U.S. territories. (Sec. 103) Prohibits a BOC, directly or through an affiliate, from manufacturing or providing telecommunications equipment or manufacturing customer premises equipment until the FCC has approved verifications that such BOC and each BOC with which it is affiliated are in compliance with access and interconnection requirements. Sets forth provisions regarding: (1) information requirements; and (2) FCC administration and enforcement authority. Prohibits a BOC or any affiliate from engaging in the provision of electronic publishing that is disseminated by means of such BOC's or any of its affiliates' basic telephone service, but allows a separated affiliate or electronic publishing joint venture to engage in such activity if it is operated independently from the BOC and it meets specified requirements (e.g., maintains separate books, has no officers, director, or employees in common, does not permit the BOC to perform specified functions on behalf of a separated affiliate, and has performed annually a compliance review). Authorizes a person claiming that any act or practice of a BOC, affiliate, or separated affiliate violates this section to file a complaint with the FCC or bring suit for damages, or to apply to the FCC for a cease and desist order. Requires any separated affiliate to file with the FCC annual reports in a form substantially equivalent to the Form 10-K required by Securities Exchange Commission regulations. Prohibits any BOC or affiliate from engaging in the provision of alarm monitoring services before July 1, 2000, except for existing legal activities. Requires a common carrier engaged in the provision of alarm monitoring or telemessaging services to provide nonaffiliated entities, upon reasonable request, with the network services it provides to its own alarm monitoring or telemessaging operations, on nondiscriminatory terms and conditions. Prohibits such a carrier from subsidizing such services with revenues from telephone exchange service. Directs the FCC to establish procedures for the expedited receipt and review of complaints concerning violations that result in material financial harm to a provider of such services. (Sec. 103(sic)) Directs the FCC to forbear from applying certain provisions or regulations to a common carrier or service, or class of carriers or services, in any or some geographic markets if the FCC determines that: (1) enforcement of such provision or regulation is not necessary to ensure that the charges, practices, classifications, or regulations by, for, or in connection with that carrier or service are just and reasonable and not discriminatory; (2) such enforcement is not necessary for the protection of consumers; and (3) forbearance from applying such provision or regulation is consistent with the public interest. (Sec. 104) Sets forth provisions regarding the privacy of customer proprietary network information. (Sec. 105) Requires a utility to provide a cable television (TV) system or other provider of telecommunications services with nondiscriminatory access to any pole, duct, conduit, or right-of-way owned or controlled by the utility. Directs the FCC to prescribe regulations for ensuring that utilities charge just and reasonable and nondiscriminatory rates for pole attachments provided to all providers of telecommunications services, which shall: (1) apportion the cost of the entire pole, duct, conduit, or right-of-way according to the percentage of usable space required for each entity; and (2) allow for reasonable terms and conditions relating to health, safety, and the provision of reliable utility service. (Sec. 106) Sets forth provisions regarding: (1) preemption of franchising authority regulation of telecommunications services; and (2) mobile service access to long distance carriers. Title II: Cable Communications Competitiveness - Authorizes a common carrier subject to the Act: (1) either through its own facilities or through an affiliate, to provide video programming directly to subscribers in its telephone service area; and (2) to provide channels of communications or pole, line, or conduit space, or other rental arrangements, to any entity which is directly or indirectly owned, operated, or controlled by, or under common control with, such carrier, if such facilities or arrangements are to be used for or in connection with the provision of video programming directly to subscribers in its telephone service area. Exempts from specified requirements under the Act an affiliate that: (1) is owned, operated, or controlled by, or under common control with, a carrier; and (2) provides video programming to subscribers in the telephone service area of such carrier, but does not utilize the local exchange facilities or services of any affiliated carrier in distributing such programming. Prohibits a carrier from providing video programming directly to subscribers in its telephone service area unless such programming is provided through a video programming affiliate that is separate from such carrier. Requires a carrier that provides video programming directly to subscribers in its telephone service area to establish a video platform, with exceptions. Sets forth provisions regarding: (1) authority of a State commission to prohibit cross-subsidization; (2) prohibition against buyouts, with exceptions; (3) rural area exemptions; (4) competition from cable systems, including the development of a National Information Infrastructure; and (5) competitive availability of navigation devices. Directs the FCC to complete an inquiry to ascertain the level at which video programming is closed captioned and to report to the Congress. Title III: Broadcast Communications Competitiveness - Requires the FCC, if it determines that it will issue additional licenses for advanced TV services, to: (1) limit the initial eligibility for such licenses to persons that, as of the date of such issuance, are licensed to operate a TV broadcast station, hold a permit to construct such a station, or both; and (2) adopt regulations that allow such licensees or permittees to offer such ancillary or supplementary services on designated frequencies as may be consistent with the public interest, convenience, and necessity. (Sec. 302) Revises provisions regarding license terms and renewal for the operation of a TV broadcast station. Increases to seven years (currently, five) the period for each license granted. Directs the FCC to continue a license in effect pending any hearing and final decision on an application and the disposition of a petition for rehearing. (Sec. 303) Requires the FCC to grant an application for a broadcast station license renewal if it finds that, during the preceding term of the station's license: (1) the station has served the public interest, convenience, and necessity; (2) there have been no serious violations by the licensee of this Act or FCC rules and regulations; and (3) there have been no other violations by the licensee of this Act or FCC rules and regulations which, taken together, would constitute a pattern of abuse. (Sec. 304) Grants the FCC exclusive jurisdiction over the regulation of the direct broadcast satellite service. (Sec. 305) Specifies that a ship documented under U.S. law operating in accordance with the Global Maritime Distress and Safety System provisions of the Safety of Life at Sea Convention shall not be required to be equipped with a radio station operated by one or more radio officers or operators. (Sec. 306) Directs the FCC to promulgate regulations to prohibit restrictions that inhibit a viewer's ability to receive video programming services through signal receiving devices designed for off-the-air reception of TV broadcast signals. (Sec. 307) Includes programming of a licensee in the direct broadcast satellite service within the scope of provisions penalizing the manufacture, import, sale, or distribution of equipment that is primarily of assistance in the unauthorized decryption of satellite cable programming. Title IV: Effect on other Laws - States that this Act shall supersede the Modification of Final Judgment (i.e., the order entered August 24, 1982, in the antitrust action styled United States v. Western Electric, including any judgment or order with respect to such action entered on or after that date), with exceptions. (Sec. 402) Preempts local taxation with respect to direct broadcast satellite service. Title V: Definitions - Defines various terms used in this Act.
United States · United States Congress · 2 May 1995
Extends through December 31, 1997, the authority of a director of a Department of Veterans Affairs health care facility to use local labor market salary data to determine appropriate salaries for Department nurse anesthetists.
United States · United States Congress · 2 May 1995
Amends the Internal Revenue Code to provide employers a business tax credit for a portion of compensation that was not paid with respect to members of the Ready Reserve or National Guard who were absent from work on active duty. Limits such credit to $2,000 with respect to any one Ready Reserve-National Guard employee.
United States · United States Congress · 2 May 1995
Amends the Internal Revenue Code to provide employers a business tax credit for a portion of compensation paid with respect to members of the Ready Reserve or National Guard who were absent from work on active duty. Limits such credit to $2,000 with respect to any one Ready Reserve-National Guard employee.
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 · 6 April 1995
Directs the Secretary of the military department concerned, for purposes of eligibility for the award of the Purple Heart, to treat a former prisoner of war (POW) who was wounded before April 25, 1962, while held as a POW (or while being taken captive) in the same manner as a former POW who is wounded on or after such date.
United States · United States Congress · 4 April 1995
Exempts registered nurses, physician's assistants, and expanded-duty dental auxiliaries of the Veterans Health Administration (VHA) of the Department of Veterans Affairs from Federal provisions prohibiting VHA employees from assuming responsibility for the medical care of any patient other than a patient admitted for treatment at a Department facility.
United States · United States Congress · 4 April 1995
Amends the Omnibus Budget Reconciliation Act of 1990 to permit Medicare select policies to be offered in all States, at State option, for an extended period of eight-and-a-half (instead of only three-and-a-half) years beginning with 1992. Directs the Secretary of Health and Human Services to: (1) conduct a study that compares the health care costs, quality of care, and access to services under Medicare select policies with those under other Medicare supplemental policies; and (2) determine during 1999 whether the amendments made by this Act shall remain in effect beyond such extended period. Declares that such amendments shall remain in effect beyond the extended period unless the Secretary determines, based on the study, that as a result of such amendments: (1) there have been no savings in premium costs to select enrollees as compared to their enrollment in Medicare supplemental policies with comparable coverage which are not Medicare select policies; (2) there have been significant additional expenditures under the Medicare program; or (3) access to and quality of care have been significantly diminished.
United States · United States Congress · 3 April 1995
Expresses the sense of the Congress that the President: (1) should not have granted diplomatic recognition to the Skopje regime that insists on using the Greek name "Macedonia" in the name of its country, the Former Yugoslav Republic of Macedonia; and (2) should reconsider this decision and withdraw diplomatic recognition and any consideration of financial assistance to the Skopje regime until such time as it renounces its use of that name, removes objectionable language in its constitution, removes symbols which imply territorial expansion, ceases propaganda against Greece, and adheres fully to the norms and principles of the Conference on Security and Cooperation in Europe.
United States · United States Congress · 28 March 1995
Expresses the sense of the Congress that: (1) the Kaliningrad-Konigsberg area should be made into a demilitarized zone and the Russian Federation should remove all its military forces from such area; (2) the administration of such area should be transferred from the Russian Federation to an international body; and (3) appropriate international and regional agencies should be requested to conduct and implement studies to restore the environmental integrity of the area.
United States · United States Congress · 28 March 1995
Calls for: (1) the United States to use its influence with the Turkish Government and as a permanent member of the United Nations Security Council to suggest that the Turkish Government ensure the proper protection for the Patriarchate and all Orthodox faithful residing in Turkey, assure that positive steps are taken to reopen the Halki Patriarchal School of Theology, provide for the proper protection and safety of the Ecumenical Patriarch and the Patriarchate personnel, establish conditions that would prevent the recurrence of past terrorist activities and vandalism and other personal threats against the Patriarchate, establish conditions to ensure that the Patriarchate is free to carry out its religious mission, and do everything possible to find and punish the perpetrators of any provocative and terrorist acts against the Patriarchate; and (2) the Administration to report to the Congress the status and progress of such concerns on an annual basis.
United States · United States Congress · 23 March 1995
Honors the memory of the victims of the Armenian genocide. Calls for the United States to encourage the Republic of Turkey to acknowledge and commemorate the atrocity committed against the Armenian population of the Ottoman Empire from 1915 to 1923.
United States · United States Congress · 21 March 1995
Turkish Human Rights Compliance Act - Requires the President, from the funds available for FY 1996 for assistance for Turkey under the Foreign Assistance Act of 1961 and the Arms Export Control Act, to withhold, first from grant assistance and then from loan assistance, $500,000 for each day that Turkey does not meet the conditions of this Act. Authorizes a presidential waiver of this Act if it is in the national security interest. Considers conditions to be met when the President certifies to the Congress that the Turkish Government: (1) allows free monitoring of the human rights situation within its territory by human rights monitoring organizations; (2) recognizes the civil, cultural, and human rights of its Kurdish citizens, ceases military operations against Kurdish civilians, and takes steps toward a peaceful resolution of the Kurdish issue; (3) takes steps toward the total withdrawal of military forces from Cyprus and supports a settlement recognizing the sovereignty and independence of Cyprus, with a constitutional democracy; (4) removes its blockade of U.S. and international assistance to Armenia; and (5) removes official restrictions on Christian churches and schools and offers sufficient protection against acts of violence, harassment, and vandalism in connection with the clergy and such churches and schools.
United States · United States Congress · 16 March 1995
Reaffirms that the status quo on Cyprus is unacceptable and welcomes the appointment of a Special Presidential Emissary for Cyprus. Insists that all parties to the dispute regarding Cyprus agree to seek a solution based upon the relevant United Nations (UN) resolutions and reaffirms that all foreign troops should be withdrawn from the Republic of Cyprus. Encourages the UN Security Council and the U.S. Government to consider alternative approaches to promote a resolution of the dispute regarding Cyprus based upon relevant Security Council resolutions.
United States · United States Congress · 1 March 1995
Federal Election Law Reform Commission Act - Establishes the Federal Election Law Reform Commission to recommend Federal election law reform. Requires a Federal election bill to be introduced in the House and the Senate within a specified time of the Commission's submittal of draft legislation. Authorizes appropriations.
United States · United States Congress · 1 March 1995
Directs the Secretary of the military department concerned to pay an annuity to the qualified surviving spouse of any member of the armed forces who: (1) died before March 21, 1974, and was entitled to retired or retainer pay on the date of death; or (2) was a member of the reserves, died during the period beginning on September 21, 1972, and ending on October 1, 1978, and at the time of death would have been entitled to retired or retainer pay but for the fact that the member was under 60 years of age. Defines a qualified surviving spouse as one who has not remarried and who is not eligible for an annuity under the Survivor Benefit Plan. Provides the annuity amount and reduces such amount by the amount of any dependency and indemnity compensation to which the survivor is entitled.
United States · United States Congress · 28 February 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 to support programming related to the 150th anniversary and general activities of the Smithsonian Institution; 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 · 27 February 1995
Securities Litigation Reform Act - Amends the Securities Exchange Act of 1934, with respect to class actions, to require a court-appointed class action steering committee, composed of class members, to direct counsel for the plaintiff class (plaintiff steering committee). (Sec. 2) Prohibits the use of disgorgement funds resulting from actions brought by the Securities Exchange Commission (the Commission) to pay legal expenses incurred by private parties seeking distribution of such funds. (Sec. 3) Declares that the portion of any final judgment or settlement awarded to class plaintiffs serving as the representative parties shall be equal (on a per share basis) to the portion of the final judgment awarded to all other members of the class. Revises the guidelines for private class action suits to: (1) restrict to five the number of class actions filed by a named plaintiff during any three-year period; (2) subject a losing party litigant, if certain conditions apply, to liability for the prevailing party's legal fees; and (3) require the court to make a conflict of interest determination with respect to a plaintiff's counsel who directly owns or has a beneficial interest in the securities that are the subject of the litigation. Requires a court to require just and equitable security for the payment of awardable fees and expenses from the attorney for the plaintiff class, the plaintiff class, or both. Sets forth disclosure guidelines for any proposed settlement agreement that is disseminated to the plaintiff class, including: (1) a statement about agreement or disagreement on the amount of recoverable damages per share and the likelihood of the plaintiff's prevailing; (2) the amount of legal costs and fees sought as part of the settlement; and (3) the identification of lawyers' representatives who will be available to answer questions from class members. Revises the guidelines for private class action suits to: (1) mandate discharge of a defendant who settles before verdict or judgment from all claims for contribution by nonsettling persons; (2) provide for recovery of contribution by a person who becomes liable for damages from certain non-parties who would have been liable for the same damages, if joined in the original suit; and (3) grant defendants the right to submit to the jury written interrogatories on the issue of each defendant's state of mind (scienter) at the time the alleged violation occurred. Prohibits brokers or dealers from soliciting or accepting referral fees for assisting an attorney in obtaining the representation of a customer in any private action. (Sec. 4) Delineates the requirements for securities fraud actions, including: (1) explicit pleading and proof of scienter; (2) plaintiff's reliance on a material misstatement or omission that proximately caused the plaintiff's loss; and (3) limitations on damages. (Sec. 5) Defines the circumstances ("safe harbor") in which a person shall not be held liable for the publication of predictive statements in any action based on a fraudulent statement under this Act. Permits the defendant in such action to move for an automatic protective order to restrict all discovery to the specific issue of the applicability of the "safe harbor." Directs the Commission to adopt a regulatory framework to implement the "safe harbor" requirements of this Act with respect to predictive statements concerning the future economic performance of an issuer of securities.
United States · United States Congress · 23 February 1995
Ricky Ray Hemophilia Relief Fund Act of 1995 - Establishes in the U.S. Treasury the Ricky Ray Hemophilia Relief Fund. Authorizes appropriations. Specifies that any individual who submits to the Attorney General written medical documentation that the individual has a human immunodeficiency virus (HIV) infection shall receive $125,000 from amounts available in the Fund if the individual: (1) has a blood-clotting disorder and was treated with blood-clotting agents between January 1, 1980, and December 31, 1987; (2) is the lawful spouse of such individual or the former lawful spouse and was the lawful spouse of the individual at any time after a date within such period on which the individual was treated; or (3) acquired the HIV infection through perinatal transmission from a parent who is such an individual. Requires that a claim for payment be filed with the Attorney General by or on behalf of such individual and that the Attorney General determine that the claim meets the requirements of this Act. Specifies that a claim under this Act shall not be assignable or transferable. Sets limits regarding the number of claims per victim. Prohibits the Attorney General from paying claims filed under this Act unless filed within three years after this Act's enactment.
United States · United States Congress · 23 February 1995
Amends part A (Aid to Families With Dependent Children) (AFDC) of title IV of the Social Security Act to require State procedures under which liens arise by operation of law and are imposed and executed against real and personal property for amounts of overdue child support owed by an absent parent who resides or owns property in the State. Requires State agencies to accord full faith and credit to such liens arising in other States.
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 · 16 February 1995
Expresses the sense of the Congress that the United States should: (1) use its influence as a permanent member of the United Nations Security Council to support the efforts of Greece, in its negotiations with the Former Yugoslav Republic of Macedonia, to find a solution which promotes a cooperative relationship between the two countries; and (2) not establish formal diplomatic relations with Macedonia until such a relationship is established.
United States · United States Congress · 15 February 1995
Missing Service Personnel Act of 1995 - Requires the military commander of the unit, facility, or area to which the following persons are assigned to conduct an investigation as to their whereabouts after receiving factual information that their status is uncertain: (1) military personnel who disappear during a period of war, national emergency, or hostilities; and (2) any civilian Federal employee (including an employee of a Federal contractor) who serves with or accompanies an armed force in the field during such a period. Requires such persons to be placed in a missing status and requires notification of such status to either the officer having general court-martial authority over the person (for military personnel) or the Secretary of the military department employing such person (for civilian and contractor employees). Requires such officials to be kept informed (specifies deadlines) as to all information and inquiries concerning efforts to locate such missing personnel. Requires such officials to appoint a board to conduct an inquiry into the whereabouts and status of such persons. Provides for: (1) board composition, activities, and access to information; (2) inquiry proceedings (requiring the appointment of counsel, with specified duties, to represent the missing person); (3) a board recommendation as to the official status of a person following such an inquiry; (4) board reports to the officials involved as to board conclusions (prohibiting public availability of such reports for a one-year period); (5) report review by the official; (6) a report from such official to interested persons; and (7) an additional investigation and inquiry by an additional board upon receipt of new information within one year after the date of the first official notice of a person's disappearance. Allows interested persons (family members, dependents, next of kin) to participate at the proceedings of the board during such additional inquiry. Provides for the availability of appropriate information to board personnel conducting investigations and inquiries. Provides similar procedures for the second board with respect to meetings (open to the public, with exceptions), recommendations, reports, review by the Secretary of the military department concerned, and reports to interested persons. Directs the Secretary concerned: (1) if information becomes available on the whereabouts or status of a missing person within three years after the first official notice of the person's disappearance, to appoint a board to conduct an inquiry into such information; and (2) to appoint a board to conduct an inquiry as to the status of any missing person on or about three years after the first official notice of the disappearance of such person and not later than every three years thereafter until a total of 12 years after the first official notice. Allows certain interested persons to request the Secretary to appoint a board to review the status of a person declared dead before five years after the enactment of this Act. Limits the review subjects to those whose deaths were declared to have occurred on or after December 7, 1941. Provides for the conditions under which an appointed board may recommend that a person be declared dead. Requires the Secretary concerned to ensure that the personnel file of each person covered contains all information in possession of the Government relating to the disappearance and whereabouts or status of such person. Provides for judicial review of a person's declared status under this Act. Requires a person in a missing status or previously declared dead who is subsequently found alive to be paid for the full time of their absence. Requires the Secretary concerned, upon the enlistment of a person in an armed force, to require such person to specify in writing the individual(s) to whom information on their whereabouts or status shall be provided in the event of an investigation under this Act. Allows for revision of such choice by the enlisting individual.
United States · United States Congress · 14 February 1995
Humanitarian Aid Corridor Act - Prohibits funds for foreign assistance from being made available for any country whose government prohibits or restricts the transport or delivery of U.S. humanitarian assistance. Waives such prohibition if the President notifies the Congress that providing such assistance is in the national security interest. Provides for a resumption of assistance when the President certifies to the Speaker of the House and the Senate Foreign Relations Committee that such country is no longer prohibiting or restricting such transports or deliveries.
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 · 13 February 1995
Expresses the sense of the Congress that a postage stamp should be issued to honor the 100th anniversary of the Jewish War Veterans of the United States and that the Citizens' Stamp Advisory Committee of the U.S. Postal Service should make such recommendation to the Postmaster General.
United States · United States Congress · 9 February 1995
Child Care Availability Incentive Act - Amends the Internal Revenue Code to allow a tax credit (as part of the general business credit) for employers who provide qualified day care centers for the use of their employees.
![Official portrait of Rep. Bilirakis, Michael [R-FL-9]](https://www.congress.gov/img/member/b000463_200.jpg)