United States · United States Congress · 21 March 1996
Defend America Act of 1996 - Expresses U.S. policy to deploy by the end of 2003 a National Missile Defense (NMD) system that: (1) is capable of providing a highly effective defense of U.S. territory against limited, unauthorized, or accidental ballistic missile attack; (2) will be augmented over time to provide a layered defense against larger and more sophisticated ballistic missile threats; and (3) does not feature an offensive-only form of deterrence. Directs the Secretary of Defense to develop for deployment an affordable and operationally effective NMD system which shall achieve an initial operational capability by the end of 2003. Outlines system elements, including the use of missile interceptors on the ground, at sea, and in space. Directs the Secretary to take specified actions to implement the NMD system development upon enactment of this Act, including the conduct of an integrated systems test by the end of 1998. Requires the Secretary to report to the Congress the Secretary's plans for the development and deployment of the NMD system. Urges the President to pursue high-level discussions with the Russian Federation to achieve an agreement to amend the Anti-Ballistic Missile (ABM) Treaty to allow deployment of the NMD system. Requires the President to present any such agreement to the Senate for its advice and consent. Requires the President and the Congress, if such an agreement is not achieved within one year after enactment of this Act, to consider exercising the option of withdrawing the United States from the ABM Treaty.
United States · United States Congress · 13 March 1996
Federal Agency Anti-Lobbying Act - Prohibits the use of any appropriated funds by Federal agencies for any activity that includes the preparation, publication, or distribution of any written, oral, or visual material promoting public support or opposition to any legislative proposal, including the confirmation of the nomination of a public official or ratification of a treaty on which congressional action is not complete, with the exception of: (1) the President; (2) Vice-President; (3) specified congressional communications; and (4) public communications by any Federal agency official on the views of the President for or against any pending legislative proposal.
United States · United States Congress · 12 March 1996
Recognizes the importance of African-American music to global culture. Calls on the people of the United States to study, reflect on, and celebrate African-American music.
United States · United States Congress · 7 March 1996
Expresses the sense of the Congress that the People's Republic of China should: (1) reaffirm its commitment to conduct relations with Taiwan by peaceful means; (2) engage in diplomatic negotiations to discuss any disagreement with Taiwan without any threat of military or economic coercion against Taiwan; and (3) immediately live up to its commitment to work for a peaceful resolution of any disagreements with Taiwan and desist from military actions designed to intimidate Taiwan. Calls on Taiwan to adhere to its commitment to negotiate its future relations with the mainland by mutual, not unilateral, decision. Calls for the United States: (1) to maintain its commitment to resist any resort to force or use other forms of coercion that would jeopardize the security, or the social or economic system, of the people on Taiwan, consistent with its undertakings in the Taiwan Relations Act; (2) to maintain a naval presence sufficient to keep open the sea lanes in and near the Taiwan Straits; (3) in the face of the several overt military threats by the People's Republic of China against Taiwan, and consistent with the commitment of the United States under the Taiwan Relations Act, to supply Taiwan with defensive weapons systems; and (4) to assist in defending the people of Taiwan against invasion, missile attack, or blockade by the People's Republic of China.
United States · United States Congress · 5 March 1996
Security and Freedom Through Encryption (SAFE) Act - Amends the Federal criminal code to permit any person within any State, and any U.S. person in a foreign country, to use any encryption regardless of the encryption algorithm selected, encryption key length chosen, or implementation technique or medium used, with an exception for the unlawful use of encryption in furtherance of a criminal act. Allows any person within any State to sell in interstate commerce any encryption. Specifies that no person in lawful possession of a key to encrypted information may be required by Federal or State law to relinquish to another person control of that key, with an exception for access for law enforcement purposes. Sets penalties for the willful use of encryption in furtherance of the commission of a criminal offense. (Sec. 3) Amends the Export Administration Act of 1979 to grant the Secretary of Commerce exclusive authority to control exports of all hardware, software, and technology for information security (including encryption), except that which is specifically designed or modified for military use. Prohibits requiring any validated license (with limited exceptions pursuant to the Trading With The Enemy Act or the International Emergency Economic Powers Act) for the export or reexport of any: (1) software, including software with encryption capabilities that is generally available as is and that is designed for installation by the purchaser, or that is in the public domain for which copyright or other protection is not available or is available to the public because it is generally accessible to the public in any form; or (2) computing device solely because it incorporates or employs in any form software (including software with encryption capabilities) exempted from any requirement for a validated license under this section. Directs the Secretary to authorize the export or reexport of: (1) software with encryption capabilities for nonmilitary end-uses in any country to which exports of software of similar capability are permitted for use by financial institutions not controlled in fact by U.S. persons, unless there is substantial evidence that such software will be diverted to a military end-use or an end-use supporting international terrorism, modified for military or terrorist end-use, or reexported without any U.S. authorization that may be required under the Act; and (2) computer hardware with encryption capabilities if the Secretary determines that a product offering comparable security is commercially available outside the United States from a foreign supplier without effective restrictions.
United States · United States Congress · 29 February 1996
Allows the Chairman of the House Committee on Government Reform and Oversight, for purposes of the Committee's investigation and study of the White House Travel Office matter, to: (1) authorize the taking of affidavits and of depositions, pursuant to notice or subpoena, by a designated Committee member or staff; or (2) require the furnishing of information by interrogatory under oath. Provides that such deposition, affidavit testimony, and information received by interrogatory shall be deemed to have been taken in executive session of the Committee in the District of Columbia and shall be considered nonpublic until received by the Committee, except that all such testimony and information shall, unless otherwise directed by the Committee, be available for use by the Committee's members in its open session.
United States · United States Congress · 27 February 1996
Patient Right to Know Act of 1996 - Prohibits an entity offering a health plan from: (1) providing, in any contract or agreement with a health care provider, any restriction on or interference with any medical communication; or (2) taking retaliatory action against a provider on the basis of a medical communication. Defines "medical communication" as being between a provider and: (1) a current, former, or prospective patient; (2) any employee or representative of the entity; or (3) any representative of any State or Federal authority with responsibility for licensing or oversight regarding the entity or plan. Mandates civil money penalties. Allows State requirements more protective of medical communications than the requirements of this Act.
United States · United States Congress · 1 February 1996
Directs the Secretary of the Treasury to reimburse former employees of the White House Travel Office whose employment in that Office was terminated on May 19, 1993, for any legal expenses and related fees they incurred with respect to that termination.
United States · United States Congress · 31 January 1996
Revises Federal law to provide that amounts recovered or collected with respect to the cost of furnishing care or services at a Department of Veterans Affairs medical center shall be credited to amounts currently available for the furnishing of care and services at that center.
United States · United States Congress · 25 January 1996
Small Community Air Service Act of 1996 - Authorizes the Secretary of Transportation to permit a State to impose a community air service fee on passengers of domestic and foreign air carriers boarding aircraft at an airport in the State to finance any of its small community air service programs. Sets forth certain limits on imposition of such fees and general requirements for a small community air service program.
United States · United States Congress · 19 December 1995
Calls on the people of the United States to set a place at their tables during the 1995 holiday season as a reminder of the U.S. men and women serving in the peacekeeping efforts for Bosnia-Herzegovina.
United States · United States Congress · 18 December 1995
Youth Development Community Block Grant Act of 1995 - Establishes a youth development block grant program. (Sec. 5) Authorizes appropriations. (Sec. 6) Sets forth formulae for allocation of funds to States for distribution to local boards for community-based youth development services. Sets forth requirements relating to distribution: (1) of State allotments; (2) of local allocations; (3) to other entities (Native American, including Native Hawaiian, organizations); and (4) to grant recipients. Provides for reallotments and reallocations. (Sec. 11) Requires establishment of county or multicounty Community Youth Development Boards to receive such assistance and make grants for youth development programs. Requires such Boards to submit community strategic plans and to carry out certain monitoring, evaluation, technical assistance, and reporting activities. (Sec. 13) Requires, as a condition for any entity within a State to receive such assistance, establishment or designation of a State entity to receive youth development input, review community youth development plans, monitor operations of community boards, provide technical assistance in developing and implementing community plans, and provide annual reports and audits. (Sec. 14) Directs the Assistant Secretary for Children and Families of the Department of Health and Human Services to: (1) establish and implement a mechanism to receive youth development advice and input; (2) develop and issue national policy goals and a national strategic plan for youth development; (3) establish a system for monitoring and evaluating the effectiveness of activities funded under this Act; (4) coordinate programs funded under this Act with other Federal programs serving youth and families; and (5) establish a system for providing training and technical assistance to States and local communities to increase their capacity to provide quality youth development services. Authorizes the Assistant Secretary to provide financial assistance to appropriate entities to carry out time-limited, research-based youth development demonstration programs designed to improve the knowledge base of the youth development and youth prevention fields. Directs the Assistant Secretary to: (1) report biennially to the President and the Congress; and (2) correct instances of noncompliance by providing training and technical assistance first and then, if necessary, terminating funding. (Sec. 15) Repeals specified provisions under: (1) certain Federal law relating to the Local Partnership Act; (2) the Violent Crime Control and Law Enforcement Act of 1994 relating to crime prevention programs and to urban recreation and at-risk youth; (3) the Elementary and Secondary Education Act of 1965 (ESEA) relating to school dropout demonstration assistance and to drug free schools and communities; (4) the Public Health Service Act relating to grants for the prevention of alcohol and drug abuse among high-risk youth; (5) the Juvenile Justice and Delinquency Prevention Act of 1974 relating to gang-free schools and communities, to mentoring, and to local delinquency programs; (6) the Human Services Reauthorization Act of 1986 relating to demonstration partnership agreements; (7) the Community Services Block Grant Act relating to the National Youth Sports Program; and (8) the Anti-Drug Abuse Act of 1988 relating to drug abuse prevention relating to youth gangs and runaway and homeless youth. (Sec. 17) Provides for transfer of a limited amount of funds from such repealed programs to the program under this Act.
United States · United States Congress · 12 December 1995
Designates the nursing care center at the Department of Veterans Affairs medical center in Aspinwall, Pennsylvania, as the H. John Heinz, III Department of Veterans Affairs Nursing Care Center.
United States · United States Congress · 7 December 1995
Water Supply Infrastructure Assistance Act of 1995 - Directs the Administrator of the Environmental Protection Agency to make grants to States for establishing water supply infrastructure accounts in State water pollution control revolving loan fund programs to provide assistance for the construction, rehabilitation, and improvement of water supply systems. Sets forth specific requirements for grant agreements. Applies certain provisions of the Federal Water Pollution Control Act regarding authorized uses of water pollution control revolving funds, corrective action, and auditing, reporting, and fiscal controls to water supply construction accounts. Sets forth amounts to be allotted to States and U.S. territories. Reserves a specified amount for grants to Indian tribes. Directs the Administrator to develop and submit to the Congress: (1) an estimate of the cost of needed construction, rehabilitation, and improvement of water supply systems in all States; and (2) a study of the economic impact on affected units of government of the cost of installation of water supply systems. Expresses the sense of the Congress that a recipient of assistance under this Act should purchase American-made equipment and products. Directs the Administrator to provide to each recipient of assistance a notice describing such sense of the Congress. Authorizes appropriations.
United States · United States Congress · 29 November 1995
Senior Citizens' Right to Work Act of 1995 - Amends title II (Old-Age, Survivors and Disability Insurance) (OASDI) of the Social Security Act to provide, through adjustments in the monthly exempt amount, for increases in the amounts of allowable earnings under the Social Security earnings limit for individuals who have attained retirement age. Retains the current limit on substantial gainful activity earnings applicable to individuals under age 65 who are eligible for disability benefits based on blindness. (Sec. 3) Establishes a Continuing Disability Review Administration Revolving Account for OASDI disability benefits in the Federal Disability Insurance Trust Fund. Directs the Chief Actuary of the Social Security Administration (SSA) to estimate annually the present value of savings to the Federal Old-Age and Survivors Insurance Trust Fund, the Federal Disability Insurance Trust Fund, the Federal Hospital Insurance Trust Fund, and the Federal Supplementary Medical Insurance Trust Fund which will accrue for all years as a result of cessation of benefit payments resulting from continuing disability reviews carried out pursuant to specified requirements during the fiscal year. Directs the Managing Trustee to: (1) transfer to the Account from amounts otherwise in the Trust Fund an amount equal to the estimated savings certified by the Chief Actuary; and (2) make available to the Commissioner of Social Security from funds in the Account an amount certified by the Chief Actuary as currently required to meet expenditures necessary to provide for required continuing disability reviews (including expenditures for the cost of staffing, training, purchase of medical and other evidence, and processing related to appeals and overpayments and related indirect costs). Includes under required information in a specified annual report a final accounting of amounts transferred to the Continuing Disability Review Administration Revolving Account in the Federal Disability Insurance Trust Fund during the year, the amount made available from such Account during such year pursuant to certifications made by the Chief Actuary of the SSA and expenditures made by the Commissioner of Social Security for the specified purposes during the year, including a comparison of the number of continuing disability reviews conducted during the year with the estimated number of continuing disability reviews upon which the estimate of such expenditures was made. Terminates the Continuing Disability Review Administration Revolving Account at the end of FY 2002, and provides that any balance in such Account shall revert to funds otherwise available in the Federal Disability Insurance Trust Fund. Provides for appointment by the Commissioner of a Chief Actuary in the SSA. (Sec. 4) Bases entitlement of stepchildren to child's insurance benefits solely on their actual dependency on stepparent support. Repeals the requirement that the stepchild actually be living with the stepparent. Requires termination of any child's insurance benefits based on the wages and self-employment income of the stepparent six months after the Commissioner is formally notified of the natural parent's divorce from the stepparent. (Sec. 5) Extends the length of time required for recomputation of benefits after normal retirement age. (Sec. 6) Eliminates the role of the SSA in processing attorney's fees. Prohibits any person, agent, or attorney from charging in excess of $4,000 (or, if the Commissioner approves, a higher fee) for services performed in connection with any claim before the Commissioner. Directs a court, in determining a reasonable fee, to take into consideration the amount of the fee, if any, that an attorney may charge the claimant for services (eliminating the current limitation of such fee to 25 percent of the total past-due benefits to which a judgment entitles the claimant). (Sec. 7) Provides that an individual shall not be considered to be disabled for OASDI purposes, or for supplemental security income (SSI) purposes under title XVI of the Act (thus denying them benefits), if alcoholism or drug addiction would be a contributing factor material to the determination of disability. (Continues disability benefits based on a separate disabling condition to individuals also disabled by drug addiction or alcoholism.) Requires the payment of OASDI or SSI benefits based on disability to a representative payee if such payment would serve the interest of an individual who also has an alcoholism or drug addiction condition that prevents the individual from managing such benefits. Requires the Commissioner to refer such individual to the appropriate State agency administering the approved State plan for substance abuse treatment services. Appropriates additional specified amounts to supplement State and Tribal alcohol and substance abuse treatment programs funded under the Public Health Service Act. Requires State or Tribal governments receiving such an allotment to consider as priorities activities relating to the treatment of the abuse of alcohol and other drugs. (Sec. 8) Permits members of the clergy to file to revoke their exemption from social security tax coverage under the Internal Revenue Code.
United States · United States Congress · 20 November 1995
Senior Citizens' Right to Work Act of 1995 - Amends title II (Old-Age, Survivors and Disability Insurance) of the Social Security Act to provide, through adjustments in the monthly exempt amount, for increases in the amounts of allowable earnings under the Social Security earnings limit for individuals who have attained retirement age.
United States · United States Congress · 18 November 1995
Amends Federal armed forces provisions to provide that: (1) the special rule concerning annual cost-of-living adjustments to retired military pay for individuals who first became members of a uniformed service before August 1, 1986, shall apply only through FY 1996 (currently, FY 1998); and (2) the initial month that such increase is payable shall be March (currently, September) of the year following the effective date of such increase.
United States · United States Congress · 17 November 1995
Authorizes the Speaker of the House of Representatives and the President pro tempore of the Senate to present, on behalf of the Congress, a gold medal to Billy and Ruth Graham in recognition of their outstanding and enduring contributions toward faith, morality, and charity. Authorizes the Secretary of the Treasury to strike and sell bronze duplicates of such medal. Directs the Secretary to transfer from the Numismatic Public Enterprise Fund to the Library of Congress the amount by which the sum of any gifts and donations received by the Secretary to carry out this Act and any proceeds from the sale of bronze duplicates exceeds the total amount of the costs incurred by the Secretary in carrying out this Act.
United States · United States Congress · 14 November 1995
Smithsonian Institution Sesquicentennial Commemorative Coin Act - Directs the Secretary of the Treasury to issue five-dollar gold coins and one-dollar silver coins emblematic of the scientific, educational, and cultural significance of the Smithsonian Institution. Mandates that: (1) all but a certain portion of surcharges received from coin sales be paid by the Secretary to the Smithsonian Institution for such purposes as its Board of Regents determines to be appropriate; and (2) a certain portion of such surcharges be dedicated to supporting the operation and activities of the National Numismatic Collection at the National Museum of American History.
United States · United States Congress · 8 November 1995
Amends the Agricultural Act of 1949 to establish milk price support provisions for calendar years 1996 through 2002. Mandates establishment of a special milk marketing order to equalize returns on all milk used in the 48 contiguous States to produce Class IV final products (butter, nonfat dry milk, and dry whole milk) among all milk marketed by producers for commercial use in those States. Amends the Food Security Act of 1985 to extend the termination date of the dairy products export incentive program (renaming it as the exporter bid program). Establishes a dairy products export incentive program (the price equalization program), requiring it to provide for payments by the Commodity Credit Corporation to the Administrator of the Class IV account established under the Agricultural Reconciliation Act of 1995. Mandates inviting proposals and conducting expedited hearings on consolidating and reforming Federal milk marketing orders issued under specified provisions of the Agricultural Marketing Agreement Act of 1937, including considering how all milk shall be regulated under Federal or State order, with manufacturing grade producers receiving pool proceeds from Class III and Class IV sales only. Declares that it is the sense of the Congress that Federal milk marketing orders in operation under the Agricultural Adjustment Act should be consolidated to between 8 and 14 orders.
United States · United States Congress · 2 November 1995
Travel and Tourism Partnership Act of 1995 - Establishes the National Tourism Board to develop a national travel and tourism strategy for increasing U.S. travel and tourism. Establishes the National Tourism Organization as a non-Federal non-profit organization to implement the national travel and tourism strategy. Directs the Secretary of State and the Director of the United States Information Agency (USIA) to: (1) place priority on implementing recommendations by the National Tourism Board; and (2) cooperate with the National Tourism Organization. Authorizes the President to transfer up to 25 staff members of the United States Travel and Tourism Administration to the Foreign Service or the Commercial Service for two years to assist the Organization in its start-up activities. Amends the Export Enhancement Act of 1988 to require the Trade Promotion Coordinating Committee's (TPCC) Federal trade promotion plan to reflect, among other things, recommendations by the National Tourism Board. Makes the President of the National Tourism Organization a member of the TPCC.
United States · United States Congress · 31 October 1995
Ratepayer Protection Act - Amends the Public Utility Regulatory Policies Act of 1978 to declare its provisions governing cogeneration and small power production inapplicable to any facility placed in service after enactment of this Act, except with respect to power purchase contracts entered into pursuant to such provisions which were in effect on the repeal date. Declares that after such repeal date no electric utility shall be required to enter into a new contract or obligation to purchase or sell electric energy pursuant to the repealed provisions. Directs the Federal Energy Regulatory Commission to promulgate and enforce regulations to assure that no utility shall be required to absorb the costs associated with purchases from a qualifying facility pursuant to the repealed provisions. Provides that such regulations shall be treated as a rule enforceable under the Federal Power Act.
United States · United States Congress · 30 October 1995
Expresses the sense of the House of Representatives that: (1) in the negotiation of any peace agreement between the parties to the conflict in the Republic of Bosnia and Herzegovina, there should not be a presumption, and it should not be considered to be a prerequisite to the successful conclusion of such a negotiation, that enforcement of such agreement will involve deployment of U.S. armed forces on the ground in the territory of the Republic; and (2) no U.S. armed forces should be deployed on the ground in such territory to enforce a peace agreement until the Congress has approved the deployment.
United States · United States Congress · 24 October 1995
TABLE OF CONTENTS: Title I: General Provisions Title II: Establishment of the Federal Statistical Service Title III: Transfers of Functions and Offices Title IV: Administrative Provisions Subtitle A: Personnel Provisions Subtitle B: General Administrative Provisions Title V: Transitional, Savings, and Conforming Provisions Statistical Consolidation Act of 1995 - Title I: General Provisions - Sets forth congressional findings and expresses the sense of the Congress with regard to the Chief Statistician of the Office of Management and Budget, confidentiality provisions of statistical agencies, and budget and functions of the Bureau of the Census relating to decennial population censuses. Title II: Establishment of the Federal Statistical Service - Establishes an independent Federal Statistical Service (FSS) in the executive branch, headed by an Administrator, and made up of the Bureaus transferred to it by title III. Establishes within the FSS the Federal Council on Statistical Policy, which shall: (1) serve as an advisory body to the Chief Statistician on confidentiality issues; (2) set forth a Governmentwide statistical policy; and (3) study and report to the Congress on certain economic- and census-related matters. Title III: Transfers of Functions and Offices - Transfers the following entities to the Service along with all of their functions and offices: (1) the Bureau of Census of the Department of Commerce; (2) the Bureau of Economic Analysis of the Department of Commerce; and (3) the Bureau of Labor Statistics of the Department of Labor. Title IV: Administrative Provisions - Subtitle A: Personnel Provisions - Specifies authorities with respect to Service officers and employees, experts and consultants, and acceptance of voluntary services. Subtitle B: General Administrative Provisions - Sets forth general administrative authorities pertaining to various specified Service matters. Title V: Transitional, Savings, and Conforming Provisions - Sets forth transitional, savings, conforming, and other specified miscellaneous provisions.
United States · United States Congress · 29 September 1995
Self-Employed Health Fairness Act of 1995 - Amends the Internal Revenue Code to increase the deduction allowed for health insurance costs for self-employed individuals from 30 to 100 percent.
United States · United States Congress · 28 September 1995
Open Campus Police Logs Act of 1995 - Amends the Higher Education Act of 1965 (HEA) to require any higher education institution which participates in any student aid program under HEA title IV, and which maintains a police or security department, to keep a daily log of specified information about crimes which is open to public inspection.
United States · United States Congress · 14 September 1995
Amends the Solid Waste Disposal Act to exclude from the definition of "solid waste" any solid or dissolved materials contained, collected, and reused in an on-site production process that prevents releases to the environment.
United States · United States Congress · 14 September 1995
TABLE OF CONTENTS: Title I: Departments Title II: Independent Agencies Title III: Reports by All Departments and Agencies Federal Reports Elimination and Sunset Act of 1995 - Title I: Departments - Amends numerous specified Federal Acts to eliminate or modify certain reporting requirements of various specified cabinet-level Departments. Title II: Independent Agencies - Amends numerous specified Federal Acts to eliminate or modify certain reporting requirements of specified independent Federal agencies. Title III: Reports by All Departments and Agencies - Amends various specified Federal law to eliminate or modify certain reporting requirements of specified Federal departments and agencies. Terminates certain annual, semiannual, and other periodic reporting requirements, specifically exempting reporting requirements under the Inspector General Act of 1978 and the Chief Financial Officers Act of 1990. Requires the President to include in the first annual budget submitted to the Congress after the enactment of this Act a list of reports that the President has determined are unnecessary or wasteful along with the reasons for such determination.
United States · United States Congress · 13 September 1995
TABLE OF CONTENTS: Title I: Coordination of Federal Enforcement Title II: Revisions to Criminal Law Title III: Anti-Fraud Initiatives Under Medicare and Medicaid Health Care Fraud and Abuse Prevention Act of 1995 - Title I: Coordination of Federal Enforcement - Requires the Inspectors General of specified Federal agencies to conduct audits, investigations, inspections, and evaluations regarding the prevention, detection, and control of health care fraud and abuse. Requires the Inspector General and the Attorney General to establish a health care fraud and abuse program that takes into account the activities of Federal, State, and local law enforcement agencies, Federal and State health care provider licensing and certification agencies, and certain State agencies. (Sec. 102) Mandates State designation of State agencies that conduct, supervise, and coordinate such audits, investigations, inspections, and evaluations. Allows State designation of a State agency to act as a Health Care Fraud and Abuse Control Unit for purposes of this title. Sets forth Unit requirements. Requires annual payments to States. (Sec. 104) Establishes in the Treasury the Health Care Fraud and Abuse Control Account containing: (1) fines, penalties, damages, and the proceeds of seizures and forfeitures relating to the provision of health care items and services; and (2) gifts, bequests, and devises. Makes amounts available to the Inspector General and the Attorney General for expenses under specified provisions of this Act and reimbursements to other Inspectors General and Federal, State, and local agencies. (Sec. 105) Authorizes the acceptance, use, and disposal of gifts, bequests, or devises. (Sec. 106) Requires reimbursement: (1) to Federal agencies for the expenses of carrying out provisions of this title; and (2) subject to availability of funds, to State or local law enforcement agencies that participated directly in any activity that led to Account deposits. (Sec. 107) Establishes the Account Payments Advisory Board to make recommendations regarding the equitable allocation of amounts from the Account. (Sec. 108) Mandates establishment of a data base for the reporting of final adverse actions taken by a Government agency against health care providers, suppliers, practitioners, or benefit programs. Requires each Government agency to report such actions. Makes the information in the data base available to the public, Federal and State agencies, and benefit programs. Allows disclosure fees. Title II: Revisions to Criminal Law - Amends the Federal criminal code to define "Federal health care offense" to include violation of, or conspiracy or attempt to violate, specified provisions of: (1) that code; (2) the Social Security Act; (3) the Employee Retirement Income Security Act of 1974 (ERISA); (4) the Federal Food, Drug, and Cosmetic Act (FDCA); or (5) the Anti-Kickback Act of 1986. (Sec. 202) Mandates fines or imprisonment for (in connection with a health care benefit program) defrauding or attempting to defraud, theft or embezzlement, knowing and willful false statements, bribery, certain remunerations (including kickbacks and rebates), and obstruction of a criminal investigation of a health care offense. Authorizes civil actions, civil penalties, and injunctive relief for health care offenses. (Sec. 210) Authorizes the Attorney General and the Director of the Federal Bureau of Investigation to issue summonses. (Sec. 211) Authorizes disclosure of grand jury information for use in a civil investigation or proceeding related to a health care offense. (Sec. 212) Includes Federal health care offenses in: (1) the definition of "specified unlawful activity" for provisions relating to money laundering; and (2) provisions allowing additional penalties for telemarketing that victimizes or targets persons over the age of 55. Authorizes the interception of wire or oral communications in cases where the interception may provide evidence of health care bribery, illegal remunerations, or fraud. Adds references to health care bribery, theft, embezzlement, and fraud to the definition of "racketeering activity" for provisions relating to racketeer influenced and corrupt organizations (RICO). Mandates forfeiture of any property constituting or derived from a Federal health care offense. Allows a reward for information on a Federal health care offense. Title III: Anti-Fraud Initiatives Under Medicare and Medicaid - Amends the Social Security Act (SSA) to allow exclusion from participation in the Medicare and Medicaid programs (titles XVIII and XIX of the SSA) of an individual who has an ownership or control interest in, or who is an officer, director, agent, or managing employee of, an entity: (1) convicted of any offense under specified SSA mandatory or permissive exclusion provisions; (2) against which a civil penalty has been assessed under specified SSA provisions; or (3) that has been excluded from Medicare or Medicaid. Imposes civil fines on a person for presenting a claim for an item or service provided by the person's excluded employee or agent. Requires funds received as civil fines and assessments under certain SSA provisions and remaining after other dispositions (required by current law) to be deposited in the Health Care Fraud and Abuse Control Account established under this Act (currently, to be deposited as miscellaneous receipts in the Treasury). (Sec. 302) Provides for the modification of existing and the establishment of new safe harbors. (Sec. 303) Requires implementation of an initiative of December 1994 to expedite Medicare payment inherent reasonableness adjustments. (Sec. 304) Requires inclusion of information on waste, fraud, and abuse in Medicare information distributed under specified provisions. (Sec. 305) Mandates a system providing for a unique identifier for each individual or entity (currently, for each physician) who furnishes items or services for which Medicare payment may be made. (Sec. 306) Requires reimbursement from agencies or organizations that facilitate payment to Medicare providers, and from carriers used for the administration of Medicare benefits, for any amounts paid for a service while the provider is excluded from Medicare participation. Replaces provisions allowing payment to individuals eligible for benefits for services provided by excluded individuals or entities in certain circumstances with provisions prohibiting providers from billing or collecting for items or services provided while the provider is excluded. Makes the recipient not liable for payment of any bill submitted in violation and allows certain sanctions.
United States · United States Congress · 13 September 1995
TABLE OF CONTENTS: Title I: Interstate Waste Title II: Flow Control State and Local Government Interstate Waste Control Act of 1995 - Title I: Interstate Waste - Amends the Solid Waste Disposal Act to prohibit a landfill or incinerator from receiving out-of-State municipal solid waste (OSW) for disposal or incineration unless the waste is received pursuant to a new (entered into on or after enactment of this Act) or existing host community agreement or an exemption from this prohibition (which may be limited by the State, as provided in this Act). Requires owners or operators to make specified information regarding the landfill or incinerator (facility) available prior to seeking authorization from an affected local government to receive such waste pursuant to a new host community agreement. Sets forth other formal requirements for the authorization process, including those for notification of the State, contiguous local governments, and contiguous Indian tribes. Requires, for an exemption, that the owner or operator provide either information establishing that: (1) the owner or operator of the facility received before enactment of this Act a State permit specifically authorizing acceptance of the waste; or (2) the facility received shipments of such waste during 1993, and such information is in such documented form as would result in criminal penalties under State law in case of false or misleading information. Authorizes States to establish limits on the amount of OSW received annually for disposal at each facility pursuant to an exemption for documented shipments (under paragraph (2), above) and affected local governments to limit the amount received at a particular facility pursuant to such an exemption. Sets the limitation amount for any facility that began receiving documented OSW before enactment of this Act at the amount received during 1993. Authorizes States that imported more than 750,000 tons of such waste in 1993, in lieu of this freeze, to establish limits for calendar years after 1996 that are percentages of the waste received during 1993, beginning with 85 percent in 1997 and declining to 50 percent after 2000. Allows any comprehensive solid waste management plan approved under Federal or State law and any implementation of such plan through the State permitting process to take into account local regional needs for solid waste disposal capacity. Allows an affected local government to determine that there is no need for a new landfill or incinerator or major modification at an existing facility under its jurisdiction, but prohibits a plan from expressly prohibiting importation of solid waste from out of State. Declares that prohibitions, limitations, and the planning and permitting processes under, and laws and regulations implementing, this Act shall not be considered to impose an undue burden on or to otherwise impair, restrain, or discriminate against interstate commerce. Requires owners or operators of facilities to annually report to Governors of the States in which the facilities are located the amount of OSW received during the preceding year. Title II: Flow Control - Authorizes States and political subdivisions to exercise flow control authority for municipal solid waste and recyclable materials voluntarily relinquished by the owner or generator (recyclables), directing such waste and materials to particular waste management or recyclables facilities designated and in operation on May 15, 1994, if: (1) the waste and recyclables are generated within the jurisdictional boundaries of the State or subdivision, determined as of May 15, 1994; and (2) such authority is imposed through the adoption or execution of a law, regulation, or other legally binding provision or official act of the State or subdivision that was in effect on May 15, 1994, or would have been in effect on such date but for the issuance of an injunction or other court order based on a ruling that the law or provision violated the Commerce Clause of the Constitution. Permits the exercise of such authority for only the classes or categories of waste or recyclables to which flow control authority was applicable on May 15, 1994, or immediately before the effective date of an injunction or other court order referred to above and only if the facility received municipal solid waste in those classes or categories prior to May 15, 1994, or the effective date of the injunction or court order. Authorizes States and political subdivisions to exercise such authority with respect to facilities other than those designated and in operation on May 15, 1994, if, in addition, the State or subdivision has taken one or more of specified actions (relating to permits, execution of contracts and agreements, and presentation of revenue bonds) prior to such date to commit to the designation of such facilities. Sets limits on the duration of flow control authority. Permits States or political subdivisions, upon the request of a municipal solid waste or recyclables generator, to authorize the diversion of waste generated by such generator to a solid waste facility other than the designated facility. Prohibits a State or local government from requiring any generator or transporter to transport, or deliver for transportation, such waste or materials to any site listed on the National Priorities List established under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, unless the generator or transporter has been indemnified by the government against all liability under that Act with respect to such materials. Directs the Administrator of the Environmental Protection Agency to study and report to the Congress on the extent to which the Supreme Court decision in C & A Carbone v. Clarkstown, New York has affected the ability of public and private entities to secure or retain financing for solid waste management facilities or services and is likely to interfere with the implementation of State solid waste management plans, recycling, or composting.
United States · United States Congress · 7 September 1995
Federal Aviation Administration Revitalization Act of 1995 - Establishes the Federal Aviation Administration (FAA) as an independent Federal agency to succeed the FAA which is currently part of the Department of Transportation (DOT). (Sec. 3) Establishes a Federal Aviation Board (Board), which shall appoint a Chief Executive Officer. Directs the Board to develop, and submit to the Congress, a personnel management system for the Administration. Establishes the Federal Aviation Management Advisory Committee to provide advice and counsel to the Administration. Prohibits the FAA, without the prior approval of the Board, from issuing a proposed or final regulation, airworthiness directive, or advisory circular that may result in the expenditure by State, local, and tribal governments, or by the private sector, of $10 million or more in any one year. Provides an exception in cases of an emergency. Requires Department of Transportation (DOT) review of all proposed or final FAA regulations. Directs the Board to develop, and submit to the Congress, an acquisition management system for the FAA. Permits the judicial review of Administration actions. (Sec. 4) Revises Federal transportation law to require the Chief Executive Officer to prepare, subject to Board approval, an annual budget for the FAA. (Sec. 5) Requires the FAA to publish cost-benefit analyses of minimum aircraft safety regulations that result in annualized compliance costs in excess of $25 million. (Sec. 6) Declares that receipts and disbursements of the Airport and Airway Trust Fund: (1) shall not be included in the totals of the President's or Congress' budget; (2) shall be exempt from any general budget limitations; and (3) shall be exempt from the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act). Requires the FAA to make annual estimates of unfunded aviation authorizations and net aviation receipts at the close of the following fiscal year. (Sec. 8) Directs the Administrator of the current FAA to issue a notice of proposed rulemaking or a denial of the petition in Docket 27791 of the FAA relating to increasing the fee that airlines retain in collecting passenger facility charges. Makes such fee increase sought in such petition effective if the Administrator fails to respond to the petition. (Sec. 9) Requires the Board to establish a select panel to review and report to the Congress on innovative financing mechanisms for ensuring adequate funding for existing and future aviation infrastructure needs. (Sec. 13) Terminates the FAA of the DOT. (Sec. 14) Directs the Secretary of Transportation to terminate 200 employee positions in the Office of the Secretary to reflect reductions in the aviation responsibilities in such office. (Sec. 15) Amends Federal transportation law to make conforming amendments to reflect FAA changes.
United States · United States Congress · 6 September 1995
Requires a constitutional authority clause to follow the enacting clause of any Act of Congress or the resolving clause of any joint resolution. Requires a similar clause before each title, section, subsection, or paragraph which relies on a different constitutional provision.
United States · United States Congress · 6 September 1995
Expresses the sense of the Congress that the President and the Congress should adopt a Peace Through Strength Strategy for the post-Cold War era, based on the following general principles and goals: (1) the United States must accept and maintain global leadership through a clear and consistent articulation of vital U.S. national interests and goals; (2) the United States must maintain highly trained, well-equipped, combat-ready military forces and the national will to prevail in any conflict; (3) U.S. interests are promoted through participation in global and regional political, military, and economic organizations, treaties, and alliances, but the United States must retain its sovereignty and reserve the right to act unilaterally; (4) national wealth and economic strength are the foundation of all forms of power; (5) the economic vitality of the United States rests not only on free market competitiveness but also on responsible financial management; (6) the United States must expand effective human and technical intelligence capabilities to anticipate, detect, and respond to emerging threats; (7) the United States will act to lessen, prevent, and eliminate security threats, including those posed by the proliferation of weapons of mass destruction and of high technology conventional arms, terrorism, drug trafficking, and disruption of access to vital resources; (8) national security policy must be explained to the public in the clear context of national interests and a realistic strategy for protecting those interests; (9) the United States must maintain a strong technological and industrial base with a skilled workforce to support superior U.S. global economic competitiveness and military preparedness; and (10) the United States must systematically and sharply reduce its dependence on imported oil.
United States · United States Congress · 4 August 1995
Rail Infrastructure Preservation Act of 1995 - Amends Federal transportation law to authorize appropriations for local rail freight assistance. Authorizes the Secretary of Transportation to declare that a disaster has occurred and that Federal funding is necessary to repair and rebuild rail lines damaged by it. Prohibits such assistance unless emergency disaster relief funds are appropriated for such purpose. Amends the Railroad Revitalization and Regulatory Reform Act of 1976 to declare that it is the purpose of the Congress to promote the revitalization of the railway system through, among other things, preservation of light density lines. Revises interest rate, repayment, and prepayment penalty requirements with respect to guaranteed railroad improvement loans.
United States · United States Congress · 4 August 1995
Continues existing average fuel economy standards for passenger and non-passenger automobiles until such standards are specifically amended or changed by law.
United States · United States Congress · 3 August 1995
Family Business Protection Act of 1995 - Amends the Internal Revenue Code to exclude from the gross estate, for estate tax purposes, specified portions of the adjusted value of the qualified family-owned business interests of the decedent.
United States · United States Congress · 1 August 1995
TABLE OF CONTENTS: Title I: Independent Commission on Medicare Title II: Controlling Outlays Under Medicare Program Commission to Save Medicare Act of 1995 - Title I: Independent Commission on Medicare - Establishes the Independent Commission on Medicare to: (1) report to the Congress and the President during December of each year on certain aspects of the Medicare program under title XVIII of the Social Security Act involving projected outlays and benefits; and (2) report to the Congress during July of each year specific recommendations on certain changes to ensure that total program outlays for the fiscal year involved do not exceed specified limits. Precludes such recommendations from including changes relating to the payment of payroll taxes for financing the program. Provides procedures for expedited congressional consideration of recommendations. Title II: Controlling Outlays Under Medicare Program - Provides that Congress, not later than April 15 of each year, shall, in the concurrent resolution on the budget for the following fiscal year, establish a limit on total outlays to be made under the Medicare program for the fiscal year involved. Provides for the enforcement of such limits through sequestration under the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act).
United States · United States Congress · 27 July 1995
Equal Opportunity Act of 1995 - Prohibits discrimination or preferences in Federal employment and contracting on the basis of race, color, national origin, or sex, or entering into a consent decree requiring, authorizing, or permitting any such discrimination or preference. Prohibits construing this Act to prohibit or limit: (1) employment recruiting or encouraging contract bidding or requiring or encouraging Federal contractors to so recruit or encourage, if the recruiting or encouraging does not involve a numerical objective or otherwise granting a preference; (2) any act designed to benefit historically Black colleges or universities; (3) any action under a Federal law or treaty relating to the Indian tribes; or (4) classifications based on sex if sex is a bona fide occupational qualification reasonably necessary to the normal operation of the Government, contractor, or subcontractor, the classification is designed to protect privacy, a U.S. national security interest is involved, or the classification is applied regarding an armed forces member on active duty in a theatre of combat operations. Allows as remedies only injunctive or equitable relief (including back pay), attorney's fees, and costs.
United States · United States Congress · 27 July 1995
TABLE OF CONTENTS: Title I: General Provisions Title II: United States Trade Administration Subtitle A: Establishment Subtitle B: Officers Subtitle C: Transfers to the Administration Subtitle D: Administrative Provisions Subtitle E: Related Agencies Subtitle F: Conforming Amendments Title III: Transitional, Savings, and Conforming Provisions Title IV: Miscellaneous Trade Reorganization Act of 1995 - Title I: General Provisions - Sets forth congressional findings with respect to the expansion of U.S. trade. Title II: United States Trade Administration - Subtitle A: Establishment - Establishes the United States Trade Administration (Administration), to be administered by the United States Trade Representative (USTR). (Sec. 202) Directs the USTR, among other things, to: (1) exercise primary responsibility for developing international trade policy, including the initiation of international trade negotiations; (2) establish a national export strategy; and (3) promote new opportunities for U.S. products and services to compete in the world marketplace. Subtitle B: Officers - Establishes the officers of the Administration, including a Deputy Administrator, two Deputy USTR's, and a Director General for Export Promotion. Subtitle C: Transfers to the Administration - Transfers to the USTR of the Administration all functions of: (1) the USTR and the Office of the USTR in the Executive Office of the President; (2) specified officers and employees of the Department of Commerce; and (3) the Director of the Trade and Development Agency. Subtitle D: Administrative Provisions - Sets forth administrative provisions, including establishment of a working capital fund. (Sec. 242) Directs the USTR to report to the President and the Congress any recommendations for the establishment of a Professional Trade Service Corps to administer U.S. trade policies and activities. Subtitle E: Related Agencies - Amends the Trade Expansion Act of 1962 to revise the composition of the Interagency Trade Organization to replace the Secretary of Commerce with representatives of such other Federal agencies as the USTR shall designate. (Sec. 252) Amends the National Security Act of 1947 to include the USTR in National Security Council. (Sec. 253) Amends the Bretton Woods Agreement Act to require the U.S. executive director of the International Monetary Fund to consult with the USTR with respect to trade matters under consideration by the Fund. Subtitle G (sic): Conforming Amendments - Makes conforming amendments to the Trade Act of 1974. (Sec. 261) Amends the Foreign Service Act of 1980 to authorize the USTR (currently, the Secretary of Commerce) to utilize the Foreign Service personnel system with respect to certain personnel. Title III: Transitional, Savings, and Conforming Provisions - Sets forth transitional, savings, and conforming provisions. Title IV: Miscellaneous - Sets forth effective dates. (Sec. 402) Provides for interim appointments and personnel and funding reductions. (Sec. 404) Authorizes appropriations.
United States · United States Congress · 21 July 1995
Amends Federal law to authorize the Secretary of the Treasury to manage the cash position of the U.S. Government by making payments to meet the needs of the Government if sufficient funds cannot be borrowed.
United States · United States Congress · 20 July 1995
Local Empowerment and Flexibility Act of 1995 - Creates a Flexibility Council. Provides for Federal financial assistance to local governments and organizations (but not to States or direct beneficiaries) in accordance with local flexibility plans approved by the Council in order to enable local governments and private, nonprofit organizations to work together to address the particular service needs and problems of their communities by specially combining funds from and adapting such assistance programs. Requires local governments to apply for approval of a local flexibility plan to the State Governor for initial analysis, or if the Governor fails to act within 30 days, to the Flexibility Council directly for review and approval under specified conditions. Requires such a plan to improve the effectiveness and efficiency of providing benefits under covered Federal programs included in the plan by reducing administrative inflexibility, duplication, and unnecessary expenditures. Requires a local government to: (1) periodically evaluate the effectiveness of its plan and report on it to the Flexibility Council; and (2) establish a community advisory committee to advise it in developing and implementing a plan. Authorizes the Council, by majority vote, to waive any requirement under a covered Federal financial assistance program if the waiver is reasonably necessary to implement a plan. Requires the Council to report to the President and the Congress on the regulations most frequently waived by it for local governments, with the President to determine whether such regulations should be amended or terminated. Requires the Comptroller General to report to the Congress on the effectiveness of this Act. Authorizes the Council to provide, or direct a Federal agency head to provide, technical assistance to a local government or qualified organization in developing information necessary for the design or implementation of a local flexibility plan. Repeals this Act five years after its enactment.
United States · United States Congress · 13 July 1995
George Washington Commemorative Coin Act of 1995 - Requires the Secretary of Treasury to mint and issue five-dollar gold coins emblematic of George Washington. Mandates that the design for the coins be: (1) selected by the Secretary after consultation with the Mount Vernon Ladies' Association and the Commission of Fine Arts; and (2) reviewed by the Citizens Commemorative Coin Advisory Committee. Provides for the distribution of coin sale surcharges to the Mount Vernon Ladies' Association.
United States · United States Congress · 30 June 1995
Life Extending and Life Saving Drug Act - Amends the Federal Food, Drug, and Cosmetic Act (FDCA) to declare that the mission of the Food and Drug Administration (FDA), with regard to drugs, biological products, and devices, is to promote and protect the health of the American people. (Sec. 3) Declares that investigations to show a new drug or biological product is safe and effective shall be required to be performed using products manufactured at a full-scale commercial facility only if necessary. Mandates actions to harmonize FDCA requirements for preclinical and clinical investigations with similar foreign laws through the International Conference on Harmonization. (Sec. 4) Amends the Public Health Service Act to revise requirements regarding the regulation of biological products. Regulates tissue, blood, and blood components and derivatives separately. Mandates approval of product license applications on a demonstration that there is reasonable assurance that the product is safe and effective. Specifies license requirements. Mandates standards for tissue, blood, and blood components or derivatives. (Sec. 5) Amends the FDCA to mandate regulations regarding good manufacturing practices applicable to drugs and biological products, including establishing requirements for submissions of changes in manufacturing practices. (Sec. 6) Modifies the definition of "substantial evidence" as used in provisions relating to refusal, approval, withdrawal, or suspensions of approval of new drug applications. (Sec. 7) Allows submission for approval of a new drug based on an evaluation by a domestic nongovernmental organization following approval of the drug, after enactment of this Act, by the European Medicines Evaluation Agency, the United Kingdom Medicines Control Agency, or any competent governmental or nongovernmental organization, established to evaluate the safety and effectiveness of drugs, that meets general criteria established by the Secretary of Health and Human Services. (Sec. 8) Amends provisions relating to investigational use of new drugs to allow a clinical study of a new drug to be begun after the Secretary has received a notification containing information about the drug and the study. Limits the required contents of notifications. Allows clinical holds only on a demonstration that the drug represents an unreasonable risk to the safety of study subjects. (Sec. 9) Limits the required contents of new drug applications. Requires, with agreement of the applicant, review by contract with outside organizations or individuals. Mandates application review standards. Limits changing of advice to a sponsor or applicant. Prohibits field changes to written decisions of, or field delay of actions by, the center for drugs and the center for biologics. (Sec. 10) Authorizes a program to contract, in whole or significant part, to conduct toxicology reviews, chemistry reviews, statistical analysis, preapproval manufacturing practice inspections, clinical reviews, and any other FDA function relating to the review and approval of drugs and devices. Provides for certification of qualified individuals and laboratories. Requires approval under new drug and premarket approval provisions if the certified contractor review determines that a drug or device meets all approval requirements. Declares that review of a new drug or device or of a biological product shall not include an environmental impact review under the Environmental Quality Improvement Act of 1970. (Sec. 11) Requires FDA research relating to drugs, devices, and biological products, authorized under specified provisions of the FDCA and the Public Health Service Act, to directly relate to the review and approval of drugs, devices, and biological products. Allows the FDA, in conducting such research, to collaborate with scientific institutions and the drug and device industry. Requires any research conducted by or for the FDA to be solely related directly to the regulatory mission or professional staff development related to that mission. Limits the research to the minimum necessary to achieve those purposes. (Sec. 12) Establishes in the office of the Assistant Secretary for Health a permanent commission responsible for broad oversight of the policy and performance of the FDA. (Sec. 13) Establishes in the FDA a drug and biologics policy appeals committee, consisting of the directors and deputy directors of each of the center for drugs and the center for biologics, to hear and consider any dispute raised by an individual wishing to contest a drug or device policy matter. Mandates establishment of standing panels of qualified experts who are not Federal, State, or local government employees to hear appeals by individuals who have exhausted their informal appeals in the FDA. Requires a procedure assuring immediate access to the panel and prompt panel conclusions and recommendations. (Sec. 14) Revises requirements regarding a food, drug, device, or cosmetic intended for export, including regarding new drugs and biological products. Repeals provisions relating to exports of certain unapproved products.
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
Postmark Prompt Payment Act of 1995 - Deems any payment delivered by the Postal Service to be received by the payee on the date of the U.S. postmark stamped on the envelope or other cover in which such payment is mailed. Exempts any payment: (1) other than a payment on a bill, invoice, or statement of account due; (2) which is required by law, regulation, or contract to be delivered by any method other than by mail; or (3) which is subject to any other provision of Federal law specifying how a postmark date shall be used in determining the date on which such payment shall be deemed to have been delivered or made. Applies the provisions of this Act only if: (1) the postmark date falls on or before the prescribed date for making the payment; and (2) the payment was, on or before such date, deposited in the mail in the United States in an envelope or under other appropriate cover, postage prepaid, and properly addressed to the payee.
United States · United States Congress · 16 June 1995
Amends rule XIII of the Rules of the House of Representatives to abolish the Consent Calendar and establish the Corrections Calendar. Sets forth procedures for consideration of bills on such Calendar on the second and fourth Tuesdays of each month. Requires a three-fifths vote to pass any bill called from such Calendar. Prohibits the sustaining of any point of order against or the rejection of such bill from causing it to be removed from the Union or House Calendar to which it was originally referred.
United States · United States Congress · 15 June 1995
Natural Disaster Protection Partnership Act of 1995 - Amends the Robert T. Stafford Disaster Relief and Emergency Assistance Act (the Act) to: (1) require a State to pay or agree to pay at least five dollars per resident, as determined by the latest official census, before such State or local government receives Federal assistance for the repair, restoration, reconstruction, or replacement of public facilities damaged or destroyed by a major disaster in the State; and (2) revise the formula used to determine the Federal share of such assistance as well as the Federal share for debris and wreckage removal from publicly and privately owned lands resulting from such disaster. Allows an increase of such assistance only upon the enactment of a joint resolution not designated as an emergency under provisions of the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act). (Sec. 5) Adds provisions concerning disaster mitigation. Requires the Director of the Federal Emergency Management Agency to establish and carry out natural disaster hazard mitigation (mitigation) programs that support natural disaster research, technology, and education. Gives the effect of law to a specified executive order relating to earthquake design and construction standards for federally leased, assisted, or regulated buildings. Requires the Director to enter into an arrangement with the National Academy of Sciences to study and report to the Congress on the feasibility of establishing: (1) national minimum building construction standards for residential and commercial building construction; and (2) standards for the training and licensing of home inspectors and for using such inspections as a means of promoting mitigation for residential property. Requires the Director to define which States should be classified as natural disaster-prone for purposes of the Act. Requires each natural disaster-prone State to either: (1) adopt multihazard building and safety codes for all new and substantially modified building construction in that State; or (2) certify that the State's local communities have adopted and are enforcing building codes which meet the appropriate minimum mitigation requirements of that State. Requires each State designated as flood-prone to either adopt relevant flood protection standards or certify that its flood-prone local communities are in compliance with appropriate State flood protection standards. Requires each natural disaster-prone State to either develop a multihazard mitigation plan or designate an existing plan which includes specified compliance and response requirements. Outlines provisions concerning State compliance with the establishment, adoption, and implementation of appropriate mitigation plans. Provides penalties for noncompliance. Requires the Director, after crediting premiums from the Natural Disaster Insurance Corporation (established under this Act), to allocate funds from a Mitigation Account (established under this Act) to States which comply with all mitigation requirements under this Act. Provides an allocation formula. Requires such funds to be used to support mitigation activities, especially those necessary to bring a State into compliance with building and safety code requirements enumerated under this Act. Requires audits of fund uses. Exempts a State, under specified conditions, from a particular mitigation requirement if it receives inadequate funds from the Account to cover the costs of complying with such requirement. Encourages each private insurer that participates in the Natural Disaster Insurance Corporation to take mitigation measures into account in setting rates and deductibles for its property insurance. Establishes the Natural Disaster Insurance Corporation as a not-for-profit membership corporation to provide primary insurance coverages and reinsurance coverage for hurricanes, earthquakes, volcanic eruptions, and tsunamis. Requires the Corporation's Board of Directors (Board) to: (1) develop a plan of operation describing the Corporation's administration and the provision of the insurance coverages it provides; and (2) develop and adjust, when necessary, actuarially sound rates for such coverages. Establishes an independent Natural Disaster Insurance Board of Actuaries (Independent Board) to review and approve such plan and rates. Requires the Board to file with each State insurance regulator information copies of the initial material and future revisions to its insurance rates, terms, or conditions. Requires the Corporation to establish and maintain a: (1) primary insurance coverage trust account to pay qualifying claims and loss adjustments expenses to private insurers acting as service providers of the primary insurance coverages; and (2) reinsurance coverage trust account to pay qualifying claims to private insurers which purchased such coverage. Outlines provisions concerning the Corporation's use of funds from other accounts and funds to pay for losses in excess of trust account funds or funds raised by issuing obligations in the private market (requiring repayment of funds borrowed from such accounts or funds). Requires the trust accounts to be kept separate. Prohibits: (1) the borrowing of monies between such accounts; and (2) the authorization or appropriation of Federal funds for Corporation activities. Requires the Comptroller General to audit and report to the Congress on Corporation and Independent Board activities. Requires the Corporation to: (1) issue primary insurance coverages that insure against physical damages and losses to residential property, including debris removal, additional living expenses incurred as a result of direct damage to such property, and ordinance and law coverages, resulting from the natural disasters enumerated in this Act that meet specified terms and conditions; and (2) make, under certain conditions, excess reinsurance coverage available to private insurers and State insurance pools for residential losses (including quota-share amounts retained by the private insurers under this Act not already insured by the Corporation under the primary insurance coverage policies) and commercial losses that are proximately caused by specified natural disaster perils. Prohibits making or renewing any federally-related mortgage loan secured by residential property located in an earthquake, volcanic eruption, tsunami, or hurricane-prone State unless the property is covered by: (1) primary insurance coverages; or (2) coverage issued by a private insurer which has equivalent terms, conditions, and rates as such coverages for seismic perils and that meets such terms and conditions as those required for the hurricane peril. Provides an escrow requirement with respect to insurance premiums for such coverage. Outlines requirements that must be met by residential property owners in natural disaster-prone States before the owners can receive any financial assistance under the Act or any similar Federal disaster assistance. Requires the Director and the Corporation to jointly report to the Congress on any additional sanctions or other measures deemed necessary to assure that policyholders purchase Federal flood insurance pursuant to the National Flood Insurance Act of 1968. Requires private insurers which exclude coverage for physical damage caused by flooding to include in the contract a specified warning statement to that effect (or an appropriate alternative warning statement). Establishes in the Treasury the Natural Disaster Protection Fund. Establishes within the Fund a separate Private Loss Account, Public Loss Account, and Mitigation Account. Requires the three accounts to be kept separate and prohibits the borrowing of monies between them. Requires the Private Loss Account to provide direct Federal loans to cover shortfalls in the Corporation's primary insurance and reinsurance accounts. Requires the Public Loss Account to: (1) retain reserve funds sufficient to cover the anticipated costs resulting from natural disasters up to the annual ten-year historical average of disaster relief provided by the Director; and (2) provide grants to States for the repair or restoration of critical facilities and lifelines, public facilities, and infrastructure damaged or destroyed by natural disasters and for pre-natural disaster mitigation. Allows the Federal share of such grants to be increased only upon the enactment of a joint resolution not designated as an emergency under provisions of the Balanced Budget and Emergency Deficit Control Act of 1985. Requires: (1) the Mitigation Account to provide funds to States for appropriate mitigation efforts described in this Act; and (2) the Corporation to pay a specified percentage of the annual net premiums collected for the primary insurance coverages and the reinsurance coverages for mitigation purposes. Provides for appropriate transfers and credits to the Public Loss Account and the Mitigation Account. Authorizes appropriations to such Accounts.
United States · United States Congress · 14 June 1995
Safety and Health Improvement and Regulatory Reform Act of 1995 - Amends the Occupational Safety and Health Act of 1970 (OSHA) to revise provisions for OSHA standards. Requires promulgation and modification of such standards to be based of certain analyses and criteria, including a specified type of regulatory impact analysis, as well as a risk assessment and a cost-benefit analysis which are industry-specific. (Sec. 2) Repeals provisions for separate rules for toxic materials or harmful physical agents. Deems a variance to have been issued as of the date the application for it was filed,if the Secretary has failed to approve or disapprove such application within 90 days of such filing (unless the Secretary of Labor and the applicant agree to a longer period). Sets forth requirements relating to such regulatory impact analyses (both a preliminary and a final one), risk assessments, and cost-benefit analyses. Directs the Secretary, within seven years of the effective date of this Act, to review each OSHA standard in effect as of such effective date under specified criteria, and to modify or revoke such standards as appropriate. Allows each person affected by a promulgated OSHA standard to petition the Secretary to modify or revoke such standard pursuant to this review process. Sets forth substantive and procedural requirements relating to such provisions. Repeals the mandate that, in determining the priority for establishing OSHA standards, the Secretary give due regard to: (1) the urgency of the need for such standards for particular industries, trades, crafts, occupations, businesses, workplaces, or work environments; and (2) the recommendations of the Secretary of Health and Human Services regarding such need. Directs the Secretary, upon determining that a rule should be promulgated or modified to serve OSHA objectives, to appoint an independent and external peer review panel to review the scientific and economic data which forms the basis for such standard and such data's relevance to industries and workers that would be affected by it. (Sec. 3) Revises provisions for notices of violations and citations. Directs the Secretary to give notices of violations, with specified periods for abatement (at least 30 days, except that a reasonable shorter period may be ordered if the condition constitutes a direct threat to employees). Authorizes the Secretary to issue citations after a follow-up inspection if the violation remains and the abatement period has expired. Provides that such notice of a violation before issuance of a citation shall not be required in cases of alleged violations causing death or serious injury, or constituting an imminent danger, to an employee. (Sec. 4) Directs the Secretary to establish an office to promote, administer, and coordinate the following worksite-based incentives programs and activities. Exempts from general OSHA inspections workplaces which: (1) the employer certifies have been reviewed under a Federal-State consultation services program or a workplace review provided by a certified person; or (2) the Secretary chooses to certify as having significant involvement of their employees in their safety and health program. Directs the Secretary to establish programs to: (1) certify persons to conduct such reviews; (2) give special recognition (including exemption from random OSHA inspections) to worksites, companies, and other organizations which have implemented particularly effective programs addressing occupational safety and health in the workplace; and (3) provide education, training, and technical assistance to employers and employees in providing safe and healthful workplaces and complying with OSHA requirements. Reserves at least one-half of the annual appropriation under OSHA for such worksite-based incentives programs, effective in the first fiscal year beginning three years after the effective date of this Act. (Sec. 5) Makes certain restrictions under the National Labor Relations Act and the Railway Labor Act inapplicable to employee participation on certain committees, teams, or other arrangements dealing with employers concerning health and safety of working conditions or related matters. (Sec. 6) Revises provisions for inspections. Revises provisions relating to employee requests for inspections to: (1) eliminate such requests by employee representatives; and (2) make a special inspection discretionary rather than mandatory, while having the Secretary make an inquiry with the employer, upon determination that there are reasonable grounds that the alleged violation or danger exists and that the employer has failed to correct it. Requires that certain inspections be conducted by at least one individual who has technical expertise by training or experience in the industry or types of hazards being inspected. Directs the Secretary to: (1) enter into agreements with other Federal agencies and with States to train inspection personnel of agencies which inspect employers to inspect places of employment to determine if employee fire protection is adequate; and (2) establish a system for referral of fire hazards to the Secretary after notification to the employer, if the employer fails to take corrective actions. Prohibits the Secretary from conducting routine inspections of (or enforcing any OSHA standard, rule, regulation, or order with respect to): (1) any person engaged in a farming operation that does not maintain a temporary labor camp and is employing ten or fewer employees; and (2) any employer of not more than 50 employees that has an occupational injury or a lost work day rate less than the national average. Sets forth certain exceptions from such exemption. (Sec. 7) Adds employer defenses of employee misconduct, or alternative safe methods, or other inconsistent or conflicting requirements. (Sec. 8) Revises OSHA penalties. Eliminates provisions relating to willful and repeated violations. Directs the Occupational Safety and Health Review Commission to: (1) assess all civil penalties, giving due consideration to their appropriateness with respect to specified factors; and (2) not assess a penalty greater than that proposed by the Secretary. Allows reduction of a civil penalty by the cost to the employer of correcting the violation. Authorizes the Secretary to propose that a special assessment penalty of up to ten times greater be applied in the circumstances of employee fatalities, or an excessive history of serious injuries to employees, caused by violations of certain OSHA standards. Prohibits penalties where no standard or regulation exists. Provides for jurisdiction for prosecution under State and local criminal laws. (Sec. 9) Revises enforcement procedures with respect to Commission review of the Secretary's citations or proposed penalties for employers. Revises judicial review provisions to require upholding, if reasonable, of the Commission's conclusions of law with respect to the construction of OSHA, or regulations, rules, standards, or orders adopted under OSHA. Increases Commission membership from three to five, and quorums from two to three members. Requires at least one Commission member to have expertise or experience in mining. Revises provisions for Commission hearings and records to provide that, if the parties so agree, there shall not be required any formal proceedings, including requests for production of documents or requests for admissions, interrogatories, or depositions. (Sec. 10) Repeals OSHA provisions for: (1) the National Institute of Occupational Safety and Health (NIOSH), thus abolishing it; (2) NIOSH research and related activities; and (3) NIOSH training and employee education activities. (Sec. 11) Repeals OSHA provisions relating to the already terminated National Commission on State Workmen's Compensation Laws. (Sec. 12) Revises OSHA conditions for approval of State plans. Makes certain conditions inapplicable if the State has adopted alternative performance measures to assure that its program is at least as effective as the Federal program in assuring safe and healthful employment and places of employment. (Sec. 13) Revises procedures for discrimination protection for whistle-blowers under OSHA. (Sec. 14) Provides for OSHA coverage of Federal agencies. (Sec. 15) Repeals provisions for separate occupational safety and health programs for Federal agencies. (Sec. 16) Authorizes employers to establish alcohol and substance abuse testing programs where there is a reasonable probability that any employee's safety or health could be endangered because of use of alcohol or a controlled substance in the workplace. Requires such programs to conform to specified Federal guidelines. Allows employer pre-employment testing for alcohol or substance abuse under specified circumstances. Authorizes the Secretary to test employees for use of alcohol or controlled substances during any investigation of a work-related fatality or serious injury. (Sec. 17) Repeals titles I, II, III, and V of the Federal Mine Safety and Health Act of 1977 (FMSHA). Transfers the functions, responsibilities, and authorities of: (1) the Mine Safety and Health Administration to the Assistant Secretary of Labor for Occupational Safety and Health; and (2) the Federal Mine Safety and Health Review Commission to the Occupational Safety and Health Review Commission. Deems FMSHA standards to have been promulgated under OSHA. Prohibits the Secretary from enforcing any other standards promulgated prior to the effective date of this Act, with respect to activities, conditions, or processes which were subject to FMSHA. Repeals specified parts of the Code of Federal Regulations (CFR). Prohibits requirements of a specified part of CFR from being enforced with respect to any sand, gravel, surface stone, surface clay, colloidal phosphate, or surface limestone mine. Establishes OSHA requirements for mine safety inspections, enforcement orders, and penalties. Requires the National Mine Health and Safety Academy to be: (1) maintained as an agency of the Department of Labor; and (2) responsible for training of mine safety and health inspectors and technical support personnel, and for any other training programs for mine inspectors, mining personnel, or other personnel designated by the Secretary. (Sec. 18) Revises specified OSHA provisions for recordkeeping, reporting, and statistics. (Sec. 19) Adds definitions of the terms "serious injury" and "industry." (Sec. 20) Directs the Secretary to: (1) report annually to the Congress regarding activities under OSHA, including recommendations to avoid unnecessary duplication and to achieve coordination with other Federal laws; and (2) provide for a means for certification of equipment safety, to be conducted by nongovernmental agencies, unless such agencies with professional or technical personnel or materials and equipment are not available.
United States · United States Congress · 7 June 1995
Black Revolutionary War Patriots Commemorative Coin Act - Directs the Secretary of the Treasury to mint and issue one-dollar silver coins emblematic of the Black Revolutionary War Patriots Memorial in Washington, D.C. Directs that coin sale surcharges be paid to the Black Revolutionary War Patriots Foundation for raising an endowment to support construction of the Memorial.
United States · United States Congress · 7 June 1995
Federal Agency Sunset Act of 1995 - Requires congressional review of executive agencies and programs every seven years to determine if they are needed, with subsequent agency and program funding after the first review conditioned upon completion of the scheduled review.
![Official portrait of Rep. Clinger, William F., Jr. [R-PA-5]](https://www.congress.gov/img/member/c000523_200.jpg)