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United States · Official source
4,001 records where Rep. Duncan, John J., Jr. [R-TN-2] is listed as a sponsor, author, or other actor. Search with topics and years
United States · United States Congress · 30 June 1995
Small Business Regulatory Bill of Rights Act - Amends Federal civil service law to enumerate the rights of small business entities before (including a voluntary no-fault compliance audit program and a compliance assistance program), during, and after an investigative or enforcement action, with certain exceptions and limitations.
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
Designates the Tennessee Civil War Heritage Area in Tennessee upon notification in the Federal Register by the Secretary of the Interior that a compact relating to the objectives and management of the Area has been approved by the Secretary. Requires the management plan to be developed and submitted to the Secretary by the management entity for the Area to present comprehensive recommendations for the conservation, funding, management, and development of the Area. Recognizes the Center for Historic Preservation at Middle Tennessee State University as the clearinghouse for the Area. Authorizes appropriations.
United States · United States Congress · 28 June 1995
Parental Rights and Responsibilities Act of 1995 - Prohibits any Federal, State, or local government or any official of such a government from interfering with or usurping the right of a parent to govern the upbringing of a child of the parent. Disallows any exception to this Act unless the government or official is able to demonstrate, by appropriate evidence, that such interference or usurpation is valid to accomplish a compelling government interest, in which case only the least amount of interference may be used.
United States · United States Congress · 22 June 1995
TABLE OF CONTENTS: Title I: Deterrence of Illegal Immigration Through Improved Border Enforcement and Pilot Programs Subtitle A: Improved Enforcement at Border Subtitle B: Pilot Programs Title II: Enhanced Enforcement and Penalties Against Alien Smuggling; Document Fraud Subtitle A: Enhanced Enforcement and Penalties Against Alien Smuggling Subtitle B: Deterrence of Document Fraud Subtitle C: Asset Forfeiture for Passport and Visa Offenses Title III: Inspection, Apprehension, Detention, Adjudication, and Removal of Inadmissible and Deportable Aliens Subtitle A: Revision of Procedures for Removal of Aliens Subtitle B: Removal of Alien Terrorists Subtitle C: Deterring Transportation of Unlawful Aliens to the United States Subtitle D: Additional Provisions Title IV: Enforcement of Restrictions Against Employment Title V: Reform of Legal Immigration System Subtitle A: Worldwide Numerical Limits Subtitle B: Changes in Family-Sponsored and Employment- Based Preference System Subtitle C: Refugees, Asylees, Parole, and Humanitarian Admissions Subtitle D: Effective Dates; Transition Provisions Title VI: Restrictions on Benefits for Illegal Aliens Subtitle A: Eligibility of Illegal Aliens for Public Benefits Subtitle B: Expansion of Disqualification from Immigration Benefits on the Basis of Public Charge Subtitle C: Attribution of Income and Affadavits of Support Title VII: Facilitation of Legal Entry Title VIII: Miscellaneous Immigration in the National Interest Act of 1995 - Title I: Deterrence of Illegal Immigration Through Improved Border Enforcement and Pilot Programs - Subtitle A: Improved Enforcement at Border - Increases: (1) the Border Patrol; and (2) Immigration and Naturalization Service (INS) border enforcement and related personnel. (Sec. 102) Provides for improved border crossing cards, equipment, and crossing barriers, including authorization of appropriations for fencing and road improvements in the border area near San Diego, California. (Sec. 105) Amends the Immigration and Nationality Act (Act) to establish civil penalties for illegal U.S. entry. Subtitle B: Pilot Programs - Establishes pilot programs for: (1) interior repatriation of inadmissible or deportable aliens; (2) use of closed military bases to detain inadmissible or deportable aliens; and (3) collection of alien departure records. Title II: Enhanced Enforcement and Penalties Against Alien Smuggling; Document Fraud - Subtitle A: Enhanced Enforcement and Penalties Against Alien Smuggling - Amends Federal criminal law to: (1) authorize wiretaps in alien smuggling investigations; and (2) include alien smuggling offenses under the purview of the Racketeer Influenced and Corrupt Organizations (RICO) provisions. (Sec. 203) Amends the Act to: (1) expand INS forfeiture authority for smuggling or harboring illegal aliens; and (2) increase criminal penalties for alien smuggling. (Sec. 205) Increases the number of Assistant United States Attorneys and provides for their assignment to criminal matters involving illegal aliens. Subtitle B: Deterrence of Document Fraud - Amends Federal criminal law and the Act to increase and establish criminal and civil penalties for specified immigration related document fraud offenses. Subtitle C: Asset Forfeiture for Passport and Visa Offenses - Amends Federal criminal law to provide for asset forfeiture for passport and visa offenses. Title III: Inspection, Apprehension, Detention, Adjudication, and Removal of Inadmissible and Deportable Aliens - Subtitle A: Revision of Procedures for Removal of Aliens - Amends the Act to revise alien removal provisions. Subtitle B: Removal of Alien Terrorists - Part 1: Removal Procedures for Alien Terrorists - Amends the Act to establish a special removal procedure for terrorists, including the designation by the Chief Justice of the United States of a special removal court. Part 2: Exclusion and Denial of Asylum for Alien Terrorists - Amends the Act to make membership in a terrorist organization a ground for U.S. exclusion. (Sec. 332) Denies asylum, status adjustment, and deportation relief to alien terrorists. Subtitle C: Deterring Transportation of Unlawful Aliens to the United States - Amends the Act with regard to vessel and aircraft transportation of illegal aliens into the United States. Subtitle D: Additional Provisions - Amends the Act to impose civil penalties upon an alien subject to an order of removal who fails to depart. (Sec. 358) Authorizes additional appropriations for removal of illegal aliens. (Sec. 359) Establishes in the Treasury an Immigration Enforcement Account. Title IV: Enforcement of Restrictions Against Employment - Increases full-time employee positions in: (1) the Investigations Division of INS; and (2) the Wage and Hour Division of the Employment Standards Administration of the Department of Labor. (Sec. 403) Amends the Act to revise the employer sanctions program. Title V: Reform of Legal Immigration System - Subtitle A: Worldwide Numerical Limits - Amends the Act to revise legal immigration categories and numerical limitations. (Sec. 504) Requires periodic congressional review and reauthorization of worldwide immigration levels. Subtitle B: Changes in Preference System - Amends the Act to revise the immigration preference system. Subtitle C: Refugees, Asylees, Parole, and Humanitarian Admissions - Amends the Act to revise annual refugee admissions and asylee adjustment provisions. (Sec. 523) Authorizes the temporary employment of certain retirees to help reduce asylum application backlogs. (Sec. 524) Limits parole entry to a case-by-case basis for humanitarian or significant public benefit reasons. Subtitle D: General Effective Date; Transition Provisions - Sets forth transition provisions for specified classification status petitions. Title VI: Restrictions on Benefits for Illegal Aliens - Subtitle A: Eligibility of Illegal Aliens for Public Benefits - Part 1: Public Benefits Generally - Makes illegal aliens ineligible (with specified exceptions) for public assistance, contracts, and licenses. (Sec. 602) Makes unauthorized aliens ineligible for unemployment benefits. Part 2: Earned Income Credit - Amends the Internal Revenue Code to deny the earned income tax credit to individuals not authorized to work in the United States. Subtitle B: Expansion of Disqualification from Immigration Benefits on the Basis of Public Charge - Amends the Act to revise public charge grounds for inadmissibility and deportability. Subtitle C: Attribution of Income and Affidavits of Support - Attributes a sponsor's income and resources to a family-sponsored immigrant for purposes of eligibility for Federal means-tested public benefits programs. (Sec. 632) Amends the Act to set forth sponsor affidavit of support requirements. Title VII: Facilitation of Legal Entry - Provides for: (1) increased numbers of land border inspectors; and (2) border infrastructure improvements. (Sec. 703) Amends the Act to provide for: (1) preinspection at specified foreign airports; and (2) training of airline personnel in fraudulent document detection. Establishes a carrier consultant program. Title VIII: Miscellaneous Provisions - Amends the Act, as amended by the Immigration and Nationality Technical Corrections Act of 1994 to revise the definition of "aggravated felony." Amends the Act with regard to: (1) definitions of "child" and "parent"; (2) visa processing procedure; (3) waiver authority concerning notice of visa application denial; (4) Canadian landed immigrants; (5) H-1B nonimmigrants; (6) visa extensions; (7) status adjustment; (8) access to certain confidential INS files; (9) nonimmigrant status for spouses and children of members of the armed forces; (10) fraudulent birth certificates; and (11) specified miscellaneous and technical provisions.
United States · United States Congress · 16 June 1995
School Bus Safety Act - Directs the Secretary of Transportation to prescribe Federal proficiency standards for school bus drivers who are required to possess a commercial driver's license to operate a school bus. Requires the Secretary, in prescribing such standards, to authorize States to establish their own proficiency standards in lieu of the Federal standards if the Secretary determines they are as rigorous as the Federal standards. Requires bus drivers to demonstrate their proficiency in operating a school bus in accordance with either the Federal or State standards. (Sec. 4) Directs the Administrator of the National Highway Traffic Safety Administration to develop and disseminate guidelines on the safe transportation in school buses of children under the age of five. (Sec. 5) Amends Federal transportation law to require the Secretary to issue regulations making Federal commercial motor carrier safety regulations applicable to all interstate school operations by local educational agencies. Directs the Secretary to develop an education program informing all local educational agencies that they must comply with such regulations when providing interstate transportation on a school bus to and from school-sanctioned and school-related activities. (Sec. 6) Amends the Intelligent Vehicle-Highway Systems Act of 1991 to require the Secretary, in deciding which projects to fund under such Act, to ensure that one or more operational tests advance the use and reduce the cost of intelligent vehicle-highway system technologies (including hazard warning systems or sensors) that alert school bus drivers of pedestrians or vehicles in, or approaching, the path of a school bus. (Sec. 7) Requires the Secretary to ensure that each State receiving Federal aid to conduct highway safety programs utilizes a portion of it (at least $1 million per fiscal year) to conduct traffic engineering activities to improve the safe operation of school buses. (Sec. 8) Requires the Secretary to begin a rulemaking process to determine the feasibility of certain safety and access requirements for school buses. (Sec. 9) Requires the Secretary, in carrying out highway safety research and development projects, to provide for the dissemination of information on school bus safety. (Sec. 10) Prohibits a local educational agency, and any contractor providing transportation services to such agency, from employing a person as a school bus driver before the completion of a background check of the person in the national criminal history background check system. Requires State criminal background check procedures to meet the guidelines set forth in the National Child Protection Act of 1993. Declares that no local educational agency or contractor providing it with transportation services shall be liable in an action for damages on the basis of a criminal conviction of a person employed as a school bus driver if a criminal background check was conducted but the conviction was not disclosed. (Sec. 11) Requires the Secretary to study and report to specified congressional committees on school bus safety. (Sec. 12) Requires the Secretary to: (1) issue a notice of proposed rulemaking with respect to minimum reporting criteria on traffic-related deaths and injuries under State highway safety programs; and (2) issue a final rule establishing such criteria. (Sec. 13) Authorizes appropriations.
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 · 15 June 1995
Directs the Secretary of the Treasury to pay a specified sum to a named individual in full satisfaction of all claims against the United States arising out of any allegation made against the Tennessee Valley Authority, with respect to the administration of any program for the insulation of houses, while employed with the Tennessee Valley Authority from 1977 to 1980.
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
Amends title XI (General Provisions and Peer Review) of the Social Security Act to repeal the mandate and authority for (and thus eliminate) the Medicare peer review system.
United States · United States Congress · 7 June 1995
Directs the Secretary of the military department concerned to pay an annuity under the Survivor Benefit Plan (SBP) to each individual who is the surviving spouse of a reserve member of the uniformed services who: (1) died after September 20, 1972, and before October 2, 1978; and (2) at the time of death would have been entitled to military retired pay but for the fact that he or she was under age 60. Provides that an individual may not receive an annuity under this Act and an SBP annuity based upon a subsequent marriage, but must choose one.
United States · United States Congress · 7 June 1995
Authorizes the Secretary of the Army to replace any lost, destroyed, or damaged World War II decoration known as the American Theater Campaign Ribbon that was awarded to any person properly awarded such decoration for service during World War II .
United States · United States Congress · 6 June 1995
Utah Public Lands Management Act of 1995 - Designates specified lands in Utah as components of the National Wilderness Preservation System. Provides for continuation of existing grazing on such lands. Provides that nothing in this Act shall be construed to affect Utah's jurisdiction of fish and wildlife management, including water development and predator control. States that the Congress does not intend these wilderness designations to lead to creation of buffer zones. Provides that the Oil Shale Reserve Number Two, within Desolation Canyon Wilderness, shall not be reserved for oil shale purposes after the date of enactment of this Act. Prescribes footages for use of roads and rights-of-way as wilderness boundaries and prohibits closure of roads except in specified circumstances. Provides for reasonable access to wilderness-enclosed facilities and lands. (Sec. 4) States that nothing in this Act or any other shall be construed to constitute Federal reservation of water or water rights for any purpose arising from designation of the areas as wilderness. Requires the Secretary of the Interior to: (1) allow for the discovery and protection of cultural or paleontological resources; and (2) assure nonexclusive access to Native American sites for traditional cultural and religious purposes, including wood gathering and plant collecting. (Sec. 7) States that nothing in this Act shall be construed to restrict low-level overflights over the designated areas or to require the removal of existing communication or tracking systems. (Sec. 8) States that the Congress does not intend these wilderness designations to lead to reclassification of any airshed to a more stringent Prevention of Significant Deterioration (PSD) air quality classification. (Sec. 9) Sets forth specified disclaimers regarding interpretation of this Act. (Sec. 10) Requires those areas in Utah administered by the Secretary of the Interior which are not designated as wilderness to be managed for multiple use. (Sec. 11) Provides for the exchange for other Federal lands of school and institutional trust lands granted to Utah which are within or adjacent to wilderness areas.
United States · United States Congress · 25 May 1995
Amends the Fair Debt Collection Practices Act to make it a violation of such Act for the debt collector to fail to disclose the attempt to collect a debt in the first written communication with a consumer (currently, in all communications made to collect a debt). Requires that the consumer notify the debt collector in writing of any dispute within thirty days of receiving a debt notice or the debt will automatically be considered valid. Allows the debt collector to: (1) demand payment of a debt, and attempt to collect it, within the thirty days after giving the consumer notice; and (2) obtain information concerning location, income, asset, or credit of the consumer from any person besides the consumer's lawyer if the lawyer refuses to provide such information. Declares that such Act provides no remedy, liability, or penalty for violations of State law. Excuses a debt collector from liability for violations of such Act resulting from the use of a form of written communication approved by any State or Federal agency. Requires a court, in determining whether a debt collector has failed to comply with such Act, to consider the effect of any act or omission of the debt collector upon a reasonable person.
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
National Wildlife Refuge Improvement Act of 1995- Amends the National Wildlife Refuge System Administration Act of 1966 to: (1) set forth the mission and purposes of the National Wildlife Refuge System; and (2) require the Secretary of the Interior to ensure that such mission and purposes are carried out. Authorizes the Secretary to enter into agreements with State fish and wildlife agencies, pursuant to standards set forth by the Director of the System, for the management of units within the System. Establishes compatibility standards and procedures. Requires the Secretary to issue final regulations establishing the process for determining compatibility. Sets forth the conditions under which compatibility of a use is not allowed to apply. Sets forth procedure for the Secretary to follow for management of refuge lands, except those lands in Alaska. Grants specified powers to the Secretary during emergencies that present imminent danger to the public or any fish or wildlife population.
United States · United States Congress · 17 May 1995
Small Business Tax Flexibility Act of 1995 - Amends the Internal Revenue Code to allow partnerships or S corporations (electing small business corporations) to elect to have a taxable year other than the required taxable year, in which case the entity shall pay estimated tax in quarterly installments (determined under one of three methods) at the applicable rate on behalf of the owners (partners or shareholders). Exempts entities with an aggregate liability of less than $5,000 from such estimated payment requirements. Imposes a penalty for underpayment of any required quarterly installment. Allows a tax credit for an owner's allocable share of estimated tax payments made by an entity. Prohibits elections of a different taxable year under existing provisions by entities whose first taxable year under such election would begin after enactment of this Act.
United States · United States Congress · 17 May 1995
Historic Homeownership Assistance Act - Amends the Internal Revenue Code to allow a tax credit for 20 percent of the qualified rehabilitation expenditures made by a taxpayer with respect to a certified historic structure which has been substantially rehabilitated and which is owned by the taxpayer and used as his or her principal residence. Allows the credit for such expenditures to be taken by a purchaser of the rehabilitated home. Permits, in lieu of the credit, a historic rehabilitation mortgage credit certificate, which shall be transferred to a lender in exchange for a reduction in the rate of interest on the loan secured by the building.
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 · 9 May 1995
Expresses the sense of the Congress that economically targeted investments violate specified provisions of the Employee Retirement Income Security Act of 1974 (ERISA) relating to a fiduciary's responsibility to serve the interests of employee benefit plan participants and beneficiaries exclusively. Requires that the application of such ERISA provisions to employee benefit plan asset investments be determined without regard to a specified Department of Labor (DOL) interpretive bulletin or any other similar directive regarding economically targeted investments. Prohibits DOL officers or employees from traveling, lecturing, or otherwise expending DOL resources to promote, directly or indirectly, economically targeted investments. Amends ERISA to prohibit Federal agencies or instrumentalities from establishing or maintaining any clearinghouse or other database relating to economically targeted investments for employee benefit plans. Directs Federal agencies and instrumentalities to immediately terminate contracts or other arrangements which violate this Act.
United States · United States Congress · 3 May 1995
Giving Incentive and Volunteer Empowerment (GIVE) Act - Amends the Internal Revenue Code to increase (to a specified percentage above the regularly allowed amount) the tax deduction for charitable contributions by allowing a taxpayer to elect to treat a contribution made not later than the tax return filing date for the taxable year as made on the last day of such taxable year. Allows individuals who do not itemize deductions a charitable contribution deduction to the extent the amount claimed exceeds $1,000 ($2,000 in the case of a joint return). Excepts charitable contribution deductions from the overall limitation on itemized deductions.
United States · United States Congress · 2 May 1995
Amends the Federal criminal code to increase the penalty imposed upon a person who escapes from the custody of a Federal institution or officer to up to ten years' imprisonment (currently, up to five years).
United States · United States Congress · 1 May 1995
Condemns the bombing at the Alfred P. Murrah Federal Building in Oklahoma City, Oklahoma. Sends condolences to the families. Commends rescue and volunteer workers, law enforcement officials, and the President. Urges the President to use all necessary means to find and punish the perpetrators. Supports the President's and Attorney General's position that Federal prosecutors will seek the maximum penalty allowed by law, including the death penalty, for those responsible. Declares that the House of Representatives will expeditiously approve legislation to strengthen the authority and resources of all Federal agencies involved in combating such acts of terrorism.
United States · United States Congress · 7 April 1995
Propane Education and Research Act of 1995 - Authorizes the qualified industry organizations (the National Propane Gas Association, the Gas Processors Association, or successor organizations, or a group of retail marketers or producers who collectively represent at least 25 percent of the volume of propane sold or produced in the United States) to conduct, at their own expense, a referendum among producers and retail marketers for the creation of a Propane Education and Research Council. Directs the Council, if established, to develop programs (including programs to enhance consumer and employee safety and training) and enter into contracts for: (1) propane research and development; (2) consumer education; and (3) payment for program costs with funds collected under this Act. Requires the Council to reimburse the Secretary of Energy annually for any costs incurred by the United States, but not to exceed the average annual salary of Department of Energy employees. Prescribes guidelines under which the Council shall set annual assessments on odorized propane to cover program costs. Directs the Council to establish a program to coordinate its operations with any State propane education and research council. Prohibits Council funds from being used for lobbying activities. Directs the Secretary of Commerce to annually prepare and make available to the Council, the Secretary of Energy (Secretary), and the public, an analysis of changes in propane prices relative to other energy resources. Requires the Council to restrict its activities to research and development, training, and safety whenever in any year the five-year average rolling price index of consumer grade propane exceeds by more than 10.1 percent the five-year rolling average price composite index of residential electricity, residential natural gas, and refiner price to end users of Number 2 fuel oil. Requires the price of propane to be determined by market forces in all cases. Prohibits the Council from taking action to pass the cost of the annual assessments to consumers. Requires the Secretary of Commerce to report biennially to the Congress and the Secretary on: (1) whether operation of the Council, in conjunction with the cumulative effects of market changes and Federal programs, has had an effect on propane consumers, including residential, agriculture, process, and nonfuel users; and (2) whether there have been long-term and short-term effects on propane prices as a result of Council activities and Federal programs.
United States · United States Congress · 7 April 1995
Public Safety Employer-Employee Relations Act of 1995 - Provides collective bargaining rights for public safety officers employed by States or local governments. (Sec. 4) Declares that fire fighters and law enforcement officers have the right to self-organize, to form, join, or assist labor organizations, to bargain collectively through representatives of their own choosing, and to engage in other concerted activities for the purpose of collective bargaining or other mutual aid or protection. Applies this Act to any State and its local governments if such entity does not have a law or ordinance that provides greater or equal protection for the rights of fire fighters and law enforcement officers as established under this Act. Grants employers or employee labor organizations the right to petition the Director of the Federal Mediation and Conciliation Service (FMCS) to determine whether a State or local government is in compliance. Provides that existing collective bargaining units and agreements shall not be invalidated by this Act. Provides for conciliation of labor disputes involving fire fighters and law enforcement officers. Requires the Director, when the FMCS certifies an impasse, to establish a Board of Inquiry to investigate the issues in the dispute and report its findings and recommendations. Provides for enforcement of this Act through the appropriate U.S. District Court. Provides that a State is not immune from an action in Federal or State court of competent jurisdiction for a violation of this Act. (Sec. 5) Prohibits public safety employers and employees from engaging in lockouts or strikes. (Sec. 6) Sets forth provisions for suits by and against labor organizations representing public safety officers. (Sec. 7) Authorizes appropriations.
United States · United States Congress · 6 April 1995
TABLE OF CONTENTS: Title I: Tax and Insurance Provisions Subtitle A: Tax Treatment of Health Care Expenses Subtitle B: Insurance Provisions Subtitle C: Employer Provisions Subtitle D: Federal Preemption Title II: Administrative Cost Savings Subtitle A: Standardization of Claims Processing Subtitle B: Electronic Medical Data Standards Subtitle C: Development and Distribution of Comparative Value Information Subtitle D: Preemption of State Quill Pen Laws Title III: Anti-Fraud Subtitle A: Criminal Prosecution of Health Care Fraud Subtitle B: Coordination of Health Care Anti-Fraud and Abuse Activities Title IV: Antitrust Provisions Consumer Choice Health Reform Act of 1995 - Title I: Tax and Insurance Provisions - Subtitle A: Tax Treatment of Health Care Expenses - Amends the Internal Revenue Code to allow a tax credit for health care expenses based upon percentages of qualified health insurance premiums and adjusted gross income. Provides for employers to make advance payments of such credit. (Sec. 102) Allows individuals a tax credit for a percentage of contributions made to a medical care savings account established for the benefit of an eligible individual. Exempts such accounts from taxation. Establishes an excise tax for excess contributions to medical care savings accounts and makes such accounts subject to the tax on prohibited transactions. (Sec. 103) Terminates the medical expense deduction, the deduction for health insurance costs of self-employed individuals, and the exclusion for employer-provided health insurance. Subtitle B: Insurance Provisions - Part I: Federally Qualified Health Insurance Plans - Sets forth requirements for federally qualified health insurance plans, including coverage for acute medical care, cost-sharing, premium rating practices, and guaranteed issuance and renewability. Part II: Certification of Federally Qualified Health Insurance Plans - Requires States to meet standards for regulatory programs for the certification of federally qualified health insurance plans. Subtitle C: Employer Provisions - Requires employers to: (1) withhold health insurance premiums from employee wages and remit such premiums to the employee's chosen insurer; and (2) notify each employee of their right to claim an advance refundable tax credit for such premiums. (Sec. 122) Provides for the conversion of existing insurance plans to required coverage under this Act. (Sec. 125) Establishes the Benefits Cash Out Commission to propose a procedure under which individuals may cash out Federal health benefits. Provides for congressional consideration of such proposal prior to its implementation. (Sec. 126) Imposes excise taxes on employers and health insurance carriers for noncompliance with this Act. Subtitle D: Federal Preemption - Preempts specified State laws concerning health insurance. Title II: Administrative Cost Savings - Subtitle A: Standardization of Claims Processing - Directs the Secretary of Health and Human Services to adopt (taking into account the recommendations of specified taskforces) standards relating to: (1) data elements for use in paper and electronic claims processing; (2) uniform claims forms; and (3) uniform electronic transmission of the data elements. Sets forth requirements for the application of such standards and their periodic review and revision. Subtitle B: Electronic Medical Data Standards - Directs the Secretary to promulgate electronic medical data standards meeting specified criteria for hospitals and other providers. Sets a deadline for each hospital with a Medicare participation agreement to meet such standards. (Sec. 213) Authorizes the heads of appropriate Federal agencies, as of January 1, 2000, to require health care providers to present and transmit data elements electronically according to such standards. (Sec. 215) Directs the Secretary to establish an advisory commission to monitor and advise about the standards established under this subtitle and operational concerns about their implementation. Authorizes appropriations. Subtitle C: Development and Distribution of Comparative Value Information - Requires States to develop and implement a health care value information program meeting certain criteria according to a specified schedule. Authorizes the Secretary to make grants to States to enable them to develop such programs. (Sec. 222) Directs the Secretary to take necessary action to implement a comparable information program in any State that fails to develop and implement one. (Sec. 223) Requires the head of each Federal agency responsible for provision of health insurance or of health care services to individuals to develop promptly health care comparative value information. Subtitle D: Preemption of State Quill Pen Laws - Preempts any State law that requires medical or health insurance records (including billing information) to be maintained in written rather than electronic form. Title III: Anti-Fraud - Subtitle A: Criminal Prosecution of Health Care Fraud - Amends the Federal criminal code to impose penalties upon a health care provider that knowingly engages in any scheme or artifice to defraud a person in connection with the provision of health care. (Sec. 302) Authorizes the Attorney General to pay a reward of up to $10,000 to a person who furnishes information unknown to the Government relating to a possible prosecution for health care fraud, with exceptions. Subtitle B: Coordination of Health Care Anti-Fraud and Abuse Activities - Amends the Social Security Act to provide for: (1) the application of Federal health anti-fraud and abuse sanctions to all fraud and abuse against any health insurance plan; and (2) treble damages for making or causing to be made false statements or representations involving Medicare or State health care programs, for illegal remuneration, and for false statements or representations with respect to the condition or operation of health care institutions. Directs the Secretary, in consultation with State and local health care officials, to: (1) identify opportunities for the satisfaction of community service obligations that a court may impose upon the conviction of a criminal offense involving Medicare or State health care programs; and (2) make information concerning such opportunities available to Federal and State law enforcement officers and State and local health care officials. Title IV: Antitrust Provisions - Exempts from the antitrust laws specified "safe harbor" activities related to the provision of health care services. Sets forth provisions regarding the award of attorney fees and costs of suit to the prevailing party in an action based on a claim involving activity found to be exempt. (Sec. 402) Lists as safe harbors specified: (1) activities relating to health care services of combinations of health care providers with market share below a specified threshold; (2) activities of medical self-regulatory entities relating to standard setting or enforcement activities not conducted for purposes of financial gain; (3) participation of a health care provider in a written survey of the prices of services, reimbursement levels, or the compensation and benefits of employees and personnel; (4) activities relating to health care joint ventures for high technology and costly equipment and services; (5) activities relating to hospital mergers; (6) joint purchasing arrangements; and (7) negotiations. (Sec. 403) Directs the Attorney General to publish a notice in the Federal Register soliciting proposals for additional safe harbors and to review and report to the Congress on proposed safe harbors. Sets forth criteria in establishing safe harbors, including: (1) the extent to which a competitive or collaborative activity will accomplish an increase in health care access and quality, the establishment of cost efficiencies, and increased ability of health care facilities to provide services in medically underserved areas or to underserved populations; and (2) whether designation as a safe harbor will result in specified desirable outcomes. (Sec. 404) Directs the Attorney General to issue certificates of review for providers of health care services and to assist persons in applying for such certificates. Sets forth provisions regarding applications for, revocation of, and review of determinations regarding such certificates. Limits the disclosure of information. (Sec. 405) Sets forth provisions regarding notifications providing for a reduction in certain penalties under the antitrust laws for health care cooperative ventures. (Sec. 406) Directs the Attorney General to: (1) review the safe harbors and certificates of review periodically; and (2) promulgate such rules, regulations, and guidelines as necessary to carry out provisions of this title.
United States · United States Congress · 6 April 1995
Morris K. Udall Parkinson's Research, Assistance, and Education Act of 1995 - Amends the Public Health Service Act to mandate a program for the conduct and support of research and training, the dissemination of health information, and other programs regarding Parkinson's disease. Establishes the Interagency Coordinating Committee on Parkinson's Disease. Requires Core Center Grants to encourage the development of innovative multidisciplinary research and provide training concerning Parkinson's, designating each grant recipient as a Morris K. Udall Center for Research on Parkinson's Disease. Authorizes establishment of the National Parkinson's Disease Data System to collect, store, analyze, retrieve, and disseminate data. Establishes: (1) the National Parkinson's Disease Information Clearinghouse; (2) a grant program to support scientists who have distinguished themselves in Parkinson's research; and (3) a national education program to foster a national focus on Parkinson's and the care of those with Parkinson's. Authorizes appropriations.
United States · United States Congress · 5 April 1995
George C. Marshall Commemorative Coin Act - Directs the Secretary of the Treasury to mint and issue one-dollar silver coins and half-dollar clad coins in commemoration of the 50th anniversary of the Marshall Plan and George C. Marshall, its author. Directs the Secretary to pay surcharges received from coin sales to: (1) the George C. Marshall Foundation to be used to support its educational and outreach programs; and (2) the Friends of George C. Marshall to be used solely for the construction of the George C. Marshall Memorial and Vistor Center in Uniontown, Pennsylvania.
United States · United States Congress · 4 April 1995
Clinical Laboratory Improvement Act Amendments of 1995 - Exempts a physician clinical office laboratory from Public Health Service Act certification requirements, except when such laboratory performs a Pap Smear (Papanicolaous Smear) analysis.
United States · United States Congress · 28 March 1995
Comprehensive Wetlands Conservation and Management Act of 1995 - Amends the Federal Water Pollution Control Act to prohibit, unless such activity is undertaken pursuant to a permit issued by the Secretary of the Army: (1) the discharge of dredged or fill material into U.S. waters, including wetlands at a specific disposal site; or (2) the draining, channelization, or excavation of wetlands. Requires the Secretary, upon receiving permit applications, to: (1) classify as Type A wetlands that are of critical significance to the long-term conservation of the aquatic environment and meet other specified requirements; (2) classify as Type B wetlands wetlands that provide habitat for a significant population of wildlife or provide other significant wetlands functions; and (3) classify as Type C wetlands wetlands that serve marginal functions but exist in such abundance that regulation of activities is not necessary to conserve wetlands functions or are lands that do not serve significant wetlands functions. Authorizes persons with ownership interests in property to request the Secretary to make determinations as to whether the property contains U.S. waters or is a wetland. Subjects such determinations to judicial review. Directs the Federal Government to compensate a property owner whose use of the property has been limited by an agency action under this Act that diminishes the fair market value of the property by at least 20 percent. Requires the compensation to equal the diminution in value resulting from such action. Directs the Federal Government, at the owner's option, to buy the portion of property for fair market value if the diminution in value is greater than 50 percent. Prohibits compensation with respect to agency actions: (1) the primary purpose of which is to prevent a public health or safety hazard or damage to specific property other than the property whose use is limited; or (2) pursuant to the Federal navigation servitude except as such servitude applies to wetlands. Sets forth procedures for owners seeking compensation and notice requirements for agencies taking actions to limit the use of private property. Applies compensation provisions only to surface interests or water rights, with specified exceptions for oil, gas, or mineral interests beneath or adjacent to Type A or B wetlands. Requires the Secretary to determine whether to issue a permit for an activity in Type A wetlands based on a sequential analysis that seeks to avoid or minimize adverse actions on wetlands and compensate for losses of functions that cannot be avoided or minimized. Authorizes mitigation requirements when appropriate to prevent loss or degradation of Type A wetlands. Permits the Secretary to issue a permit for activities in Type B wetlands if the issuance of the permit is in the public interest, balancing the foreseeable benefits and detriments resulting from the permit. Imposes requirements for mitigation when such activities result in permanent wetland loss or degradation. Directs the Secretary to issue regulations for the establishment and oversight of mitigation banks for wetlands. Requires the Secretary, at the option of the permit applicant, to issue permits authorizing activities in Type A and B wetlands in States with substantial conserved wetlands areas subject to the following requirements. Permits the Secretary to include conditions for minimization of adverse impacts when economically practicable. Prohibits any requirements for mitigation to compensate for adverse impacts in such permits. Directs the Secretary, upon application by owners of economic base lands in a State with substantial conserved wetlands, to issue individual and general permits for activities in waters or wetlands. Reduces requirements to allow such lands to be beneficially used to sustain economic activity and to reflect the social and economic needs of Alaska Natives to utilize such lands. Exempts specified activities from this Act's requirements. Prohibits more than 20 percent of any county, parish, or borough from being classified as Type A wetlands. Requires wetlands located on agricultural lands and associated non-agricultural lands to be delineated by the Secretary of Agriculture in accordance with the Food Security Act of 1985. Exempts from the requirements of this Act agricultural lands that are exempt from the requirements of the Food Security Act of 1985. Requires the Secretary and the Secretary of Agriculture to undertake a project to identify and classify U.S. wetlands. Directs the Secretary to establish procedures pursuant to which: (1) landowners may appeal determinations of regulatory jurisdiction over a parcel of property, wetlands classifications with respect to property, or determinations that an activity does not qualify under a general permit; (2) any person may appeal a determination that a proposed activity is not exempt (non-exempt activities require permits); (3) permit applicants may appeal determinations to deny issuance of a permit or to impose a requirement under the permit; and (4) landowners or others required to restore or alter property may appeal an order to do so. Provides that persons who have filed appeals shall not be required to pay penalties or perform mitigation or restoration until the appeal has been decided. Authorizes civil actions and prescribes penalties for permit violations. Authorizes States to administer permit programs for activities covered by this Act, subject to the Secretary's approval. Deems specified activities associated with cranberry production operations to be in compliance with provisions regarding effluent limitations, subject to certain conditions. Directs the Secretary, in implementing responsibilities under the regulatory program, to balance the objective of conserving functioning wetlands with the objectives of ensuring continued economic growth, providing essential infrastructure, maintaining strong State and local tax bases, and protecting against the diminishment and value of private property. Requires the Secretary and the heads of Federal agencies to seek to minimize the effects of the regulatory program on the use and value of private property. Directs the Secretary to develop procedures for facilitating actions necessary to respond to emergency conditions under this Act which may involve loss of life or property damage. Provides that no U.S. waters or wetlands shall be subject to this Act based solely on the fact that migratory birds use or could use the waters or wetlands. Provides for reevaluation of determinations of regulatory jurisdiction or permit conditions imposed before this Act's enactment upon the request of a permit holder. Authorizes modification or suspension of permits, as appropriate. Bars compensation to persons as a result of such reevaluation and continues activities in Type A wetlands without permit modification.
United States · United States Congress · 24 March 1995
Amends the Public Buildings Act of 1959 to require that any contract entered into by the Administrator of General Services under the Act to purchase, lease-purchase, or lease a public building approved by the Congress shall be treated in the same manner as if the contract were entered into immediately before FY 1991 for purposes of calculating public building transactions.
United States · United States Congress · 21 March 1995
Constitutional Amendment - Declares that the Congress and the States shall have power to prohibit the physical desecration of the U.S. flag.
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 · 15 March 1995
Highway Mandates Repeal Act of 1995 - Amends the Intermodal Surface Transportation Efficiency Act of 1991 to repeal provisions relating to the use of asphalt pavement containing recycled rubber.
United States · United States Congress · 9 March 1995
Historically Black Colleges and Universities Historic Building Restoration and Preservation Act - Directs the Secretary of the Interior to administer a program of grants-in-aid, from amounts authorized to be appropriated to carry out the National Historic Preservation Act for FY 1996 through 1999, to eligible historically black colleges and universities for the preservation and restoration of historic buildings and structures on their campuses. Requires a grantee to covenant, for the period of time specified by the Secretary, that: (1) no alteration will be made in the property with respect to which the grant is made without the concurrence of the Secretary; and (2) reasonable public access will be permitted to such property for interpretive and educational purposes. Authorizes the Secretary to: (1) obligate funds for a grant with respect to a building or structure listed on the National Register of Historic Places only if the grantee agrees to match the amount of such grant with funds derived from non-Federal sources; and (2) waive this matching requirement if an extreme emergency exists or if such a waiver is in the public interest to assure the preservation of historically significant resources. Earmarks funds for FY 1996 for grants to: (1) Fisk University; (2) Knoxville College; and (3) historically black colleges and universities identified for inclusion in the Department of the Interior Historically Black College and University Historic Preservation Initiative.
United States · United States Congress · 9 March 1995
Truth in Lending Act Amendments of 1995 - Amends the Truth in Lending Act pertaining to consumer credit cost disclosure to exclude from the determination of finance charges: (1) charges imposed by third parties not affiliated with the creditor (including settlement agents, attorneys, and escrow and title companies) if the creditor does not expressly require the imposition of such charges and does not retain them; (2) taxes levied on security instruments or evidences of indebtedness if payment is a precondition for recording such an instrument; (3) fees, for preparation of loan-related documents and attending or conducting settlement in extensions of credit secured by interest in real property; and (4) fees related to pest infestation on premises, structural inspections, and flood hazards. (Sec. 3) Excludes from a consumer's statutory right of rescission certain refinancings or consolidations of debt secured by a first lien. (Sec. 4) Increases the allowable tolerances for accuracy pertaining to the annual percentage rate disclosure requirements on consumer credit transactions. Provides that the disclosure for per diem interest shall be deemed to be accurate if it is based on information actually known to the creditor at the time that the disclosure documents are being prepared for the consummation of the transaction. (Sec. 5) Sets forth liability limitations for: (1) a creditor's treatment, for disclosure purposes, of specified taxes, fees, and charges other than finance charges; and (2) a creditor's finance charge disclosures within specified tolerance limits. (Sec. 7) Provides that the statute of limitations on a consumer's right of rescission is absolute and acts as a bar to any subsequent assertion of such rescission in State or Federal court. (Sec. 8) Narrows the civil liability guidelines for consumer credit disclosures to: (1) declare a creditor liable for actual damages sustained by a person to the extent such person demonstrates reliance on the inaccurate disclosure which prevented the person from accepting better credit terms actually available from another creditor; (2) revise the general rules for liability of a creditor's voluntary assignee for a violation apparent on the face of the disclosure statement; and (3) declare that a servicer of a consumer obligation shall not be treated as an assignee unless the servicer is the owner of the obligation.
United States · United States Congress · 2 March 1995
Provides that, in the administration of the child labor provisions of the Fair Labor Standards Act of 1938, minors under age 18 shall be permitted to load materials into balers or compactors that meet specified safety standards of the American National Standards Institute.
United States · United States Congress · 2 March 1995
Amends the Congressional Budget Act of 1974 to establish maximum spending amounts for FY 1996 through 2002. Amends the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act) to revise sequestration procedures for enforcement. Requires look-back sequestration in the last quarter of each fiscal year. Revises preview sequestration reports to include total spending (instead of deficit spending). Makes it out of order in the House of Representatives or the Senate to consider legislation that would result in total spending exceeding maximum permissible total spending, unless waived or suspended by a three-fifths vote of Members of each House.
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 · 24 February 1995
Metropolitan Washington Airports Amendments Act of 1995 - Amends the Metropolitan Washington Airports Act of 1986 to revise the term "airport purposes" with respect to real property of the Metropolitan Washington Airports to limit the inclusion of nonprofit, public use facilities to those which are not inconsistent with the needs of aviation. (Sec. 4) Increases the number of people on the board of directors of the Metropolitan Washington Airports Authority: (1) from 11 to 15 members; and (2) that the President must appoint, with the advice and consent of the Senate, from one member to five members. Requires board members appointed by the President to be registered voters of States other than Maryland, Virginia, or the District of Columbia. Requires two of the members appointed to the board by the President to serve for a term of four years. Authorizes a member to serve after the expiration of that member's term until a successor has taken office. Requires vacancies on the board to be filled in the manner in which the original appointment was made. Requires any member appointed to fill a vacancy occurring before the expiration of the term for which the member's predecessor was appointed to be appointed only for the remainder of such term. Declares that no more than three members of the board appointed by the President may be of the same political party. Requires nine votes (currently, seven) to approve bond issues and the annual budget. (Sec. 5) Establishes the Federal Advisory Commission of the Airports Authority (thereby effectively replacing the Board of Review of the Airports Authority). (Sec. 6) Requires Airports Authority actions to be submitted to the Federal Advisory Commission (currently, the Board of Review) for review. Requires certain Airports Authority decisions to remain in effect and not be set aside solely by reason of a judicial order invalidating certain functions of the Board of Review. (Sec. 7) Revises requirements for congressional review of Airports Authority actions. (Sec. 8) Provides for the removal of Federal Advisory Commission (previously, Board of Review) members by the Secretary of Transportation (currently, by a two-thirds vote of the board of directors). (Sec. 11) Directs the Airports Authority to continue to enforce certain restrictions contained in the Metropolitan Washington Airports Regulations with respect to the use of the Dulles access highway. (Sec. 13) Prohibits the Secretary from issuing an exemption under specified sections of title 14 of the Code of Federal Regulations regarding the allocation of slots at high density airports if such exemption would adversely affect safety.
United States · United States Congress · 24 February 1995
Amends the Goals 2000: Educate America Act to eliminate the National Education Standards and Improvement Council (the Council). Prohibits any Federal agency from expending Federal funds for the development or dissemination of model or national content standards, national student performance standards, or national opportunity-to-learn standards. Eliminates the requirement that the National Education Goals Panel review and approve such standards and criteria. Terminates funding for: (1) the Council; (2) opportunity-to-learn development grants; and (3) assessment development and evaluation grants. Makes technical and conforming amendments to the Elementary and Secondary Education Act of 1965, the General Education Provisions Act, and the Education Amendments of 1978.
United States · United States Congress · 23 February 1995
Repeals provisions regarding the Joint Committee on Printing. Transfers responsibilities of the Committee to the Public Printer. Directs the Public Printer to: (1) remedy neglect, delay, duplication, and waste in public printing and binding and the production of Government publications; (2) prescribe quality standards; (3) utilize requests for proposals and similar authorized purchasing methods where total or partial migration to new technologies is appropriate or when requested by the user; (4) prescribe Government specifications for printing paper and writing paper; (5) assist with the acquisition and transfer of equipment requisitioned by facilities previously authorized and with the disposal of such equipment; and (6) establish policy for the acquisition of printing and Government publications, formulated to maximize competitive procurement from the private sector (but which may provide for use of Government in-house printing and duplicating operations if they provide printing and duplicating at the lowest cost to the Government). Requires the Public Printer to promulgate rules and regulations for the procurement of printing and Government publications by the Government Printing Office (GPO) not inconsistent with this Act. Mandates that the annual report to the Congress include a report on: (1) the printing costs of each branch of Government; and (2) a cost comparison of printing and publications as procured through GPO, produced by each Federal agency, produced by commercial sources that are not Federal entities under contract with a Federal agency (other than GPO), and produced by commercial sources that are not Federal entities under contract with GPO. Directs the Public Printer to establish and maintain the following separate GPO accounts: (1) Superintendent of Documents; (2) Executive and Judicial Print Procurement; and (3) Congressional Services. Requires that all printing and Government publications for the Congress, the executive office, the judiciary (other than the Supreme Court), and every executive department, agency, independent office and establishment or Government entity be procured from private sector commercial entities by GPO, with exceptions. Revises provisions regarding: (1) competitive procurement; (2) limits on Government printing production; (3) the use of illustrations; (4) the form and style of work for departments. Sets forth provisions regarding: (1) departmental distribution of publications; (2) availability, inventory, dissemination, and re-publication of Government publications; (3) projections and reporting on costs for printing by Federal agencies; (4) scoring of sales of assets; (5) "Buy American" requirements; and (6) cost ceilings for certain congressional documents.
United States · United States Congress · 23 February 1995
Amends the Nuclear Waste Policy Act of 1982 to revise and rename it the Integrated Spent Nuclear Fuel Management Act of 1995. (Sec. 1) Instructs the Secretary of Energy (the Secretary) to accept spent nuclear fuel and high-level radioactive waste by not later than January 31, 1998. Entitles contract holders to specified remedies for the Secretary's failure to meet service contract obligations, or to accept spent nuclear fuel and high-level radioactive waste as mandated under this Act. States that the Nuclear Waste Fund shall fund the execution of service contract and implementation of the Secretary's responsibilities, including the acceptance of spent nuclear fuel and high-level radioactive waste at contract holder sites and transporting such fuel or waste to a private storage facility. Establishes an integrated spent nuclear fuel management system for spent nuclear fuel and high-level radioactive waste, including its storage, transportation, and disposal. Prescribes procedural guidelines for the use of: (1) railroads; (2) transportation planning and requirements; (3) multi-purpose canister systems; (4) interim storage facilities; (5) permanent disposal; (6) land withdrawal; and (7) private storage facilities. Prescribes consultation and assistance guidelines between the Secretary and the State of Nevada. Prescribes budget priorities for purposes of annual requests for appropriations from the Waste Fund. Prescribes a fee schedule for electricity and nuclear fuel used to generate electricity in a civilian nuclear power reactor. Sets forth advance contract prerequisites for utilization or production facility license renewals. Reestablishes the Nuclear Waste Fund and the Office of Civilian Radioactive Waste Management. Directs the Secretary to: (1) establish by rule the appropriate portion of the costs of managing high-level radioactive waste and spent nuclear fuel allocable to the interim storage or permanent disposal of high-level radioactive waste and spent nuclear fuel from atomic energy defense activities; and (2) advise the Congress annually of the amount of high-level radioactive waste and spent nuclear fuel from atomic energy defense activities requiring management in the integrated spent nuclear fuel management system. Subjects the Secretary to all Federal, State, and local environmental or land use laws and regulations, with specified exceptions. Grants the U.S. courts of appeals original and exclusive jurisdiction over civil actions under this Act. Provides that upon a contract holder's request, the Secretary shall take title to or possession of spent nuclear fuel or high-level radioactive waste without removing it from the contract holder's designated storage site if the Secretary cannot accept such items within the contract's acceptance schedule. Requires the NRC to promulgate regulatory guidelines for: (1) financial assurances for low-level radioactive waste site closures; and (2) training and qualification of civilian nuclear powerplant personnel. Reestablishes the Nuclear Waste Technical Review Board. Authorizes appropriations. Directs the Secretary to take action as necessary to improve the management of the civilian radioactive waste management program to ensure that it is operated to the maximum extent like a private business. States that the program is not subject to civil service regulations. Abolishes the Interim Storage Fund, the Monitored Retrievable Storage Commission, the Office of Subseabed Disposal Research, and the Office of Nuclear Waste Negotiator. Repeals all references to the Yucca Mountain site. Requires the Secretary to report to the Congress whether particular milestones have been reached with respect to: (1) multi-purpose canister systems; (2) land withdrawals; (3) interim storage facilities; and (4) acceptance of spent nuclear fuel from contract holders. Directs the Secretary to: (1) create a value engineering function within the Office of Civilian Radioactive Waste Management; and (2) employ on an on-going basis, integrated performance modeling regarding site characterization. (Sec. 2) Sets forth transition provisions for the continuation of: (1) contracts; (2) Nuclear Waste Fund; (3) Office of Civilian Radioactive Waste Management; and (4) Nuclear Waste Technical Review Board. (Sec. 3) Mandates that amounts in the Nuclear Waste Fund be appropriated exclusively for certain authorized purposes cited in the Nuclear Waste Policy Act of 1982. Precludes such appropriations from being taken into account for any budget enforcement procedures under the Balanced Budget and Emergency Deficit Control Act of 1985. Amends such Act to provide that appropriations to the Nuclear Waste Fund are not subject to its discretionary spending limits or to a certain allocation of the Energy and Waster Development Subcommittee of the Appropriations Committee. Reduces specified discretionary spending limits under the Congressional Budget Act of 1974.
United States · United States Congress · 16 February 1995
TABLE OF CONTENTS: Title I: Production Credit Title II: Modifications To Percentage Depletion Title III: Other Provisions Domestic Oil and Gas Production Tax Incentive Act - Title I: Production Credit - Amends the Internal Revenue Code to allow a business tax credit for producing crude oil and natural gas from new wells and marginal wells. Provides: (1) a formula for reducing such credit in years in which oil and gas prices increase; and (2) an inflation adjustment for such formula. Allows such credit against the regular and minimum tax. Title II: Modifications to Percentage Depletion - Repeals the net income limitation on percentage depletion for oil and gas properties. Makes all marginal production of domestic crude oil or domestic natural gas eligible for percentage depletion. Revises the percentage depletion rate for such marginal production. Title III: Other Provisions - Allows the election to treat geological and geophysical expenses incurred in connection with the exploration for, or development of, domestic oil or gas as expenses which are not chargeable to capital account. Makes the enhanced oil recovery credit applicable to secondary recovery methods. Allows such credit against the minimum tax. Allows the election of an optional five-year writeoff of intangible drilling costs for minimum tax purposes.
United States · United States Congress · 15 February 1995
TABLE OF CONTENTS: Title I: Research and Related Programs Title II: Construction Grants Title III: Standards and Enforcement Title IV: Permits and Licenses Title V: General Provisions Title VI: State Water Pollution Control Revolving Funds Title VII: Miscellaneous Provisions Title VIII: Wetlands Conservation and Management Clean Water Amendments of 1995 - Title I: Research and Related Programs - Amends the Federal Water Pollution Control Act (the Clean Water Act or CWA) to add national goal and policy provisions with respect to water quality programs. Directs the Administrator of the Environmental Protection Agency (EPA) to assess and document alternative regulatory approaches for protecting water quality and to develop regulations and guidance based upon the best obtainable information, including risk reduction benefits achievable by alternatives. (Sec. 102) Authorizes appropriations through FY 2000 for grants to States and interstate agencies for assistance in administering pollution control programs. Title II: Construction Grants - Removes limitations on the use of grants for the construction of publicly owned treatment works and authorizes the use of such grants for purposes for which grants may be made under nonpoint source management and groundwater quality programs. (Sec. 201) Requires grant applicants to demonstrate, along with other existing requirements, that wastewater reduction and other water use efficiency options have been studied and evaluated and, if cost-effective, implemented. (Sec. 202) Authorizes the Administrator to negotiate an annual budget with a State for purposes of administering a closeout of the State's construction grants program. (Sec. 205) Requires value engineering reviews to be conducted for any treatment works construction projected in excess of $25 million (currently, $10 million). Title III: Standards and Enforcement - Revises provisions concerning the use of innovative technology to comply with effluent reduction requirements to authorize the Administrator, if a facility achieves reductions with an innovative system that has the potential for reducing the release of pollutants to other media, to extend the date of compliance for such facility for up to three (currently, two) years if the system has industry-wide application potential. (Sec. 301) Prohibits discharges from, or affected by, remining operations from exceeding State water quality standards except where monitoring demonstrates that the receiving waters do not meet such standards prior to commencement of remining and where the water quality of the receiving stream is projected to be improved by remining. (Current law provides no exception.) (Sec. 302) Directs the Administrator to publish guidance for States on the development and adoption of water quality standards applicable to navigable waters that contain little or no water during low flow periods. Allows city, county, or local government employees or officials to be members of boards that approve discharge permit applications notwithstanding a prohibition on membership for persons who have received a significant portion of income from permit holders or applicants. (Sec. 303) Directs the Administrator or the Secretary responsible for a regulatory requirement, in developing standards, effluent limitations, or other regulatory requirements (other than permit or procedural requirements), to perform risk assessments consistent with guidelines issued by the Administrator. Requires such assessments to be performed in conjunction with any proposed regulation. Prohibits the issuance of any regulatory requirement or guidance where the social, environmental, and economic benefits are not reasonably related to anticipated costs. Provides that such guidelines shall require: (1) use of all relevant and available scientific data and information; (2) identification and discussion of assumptions and models used in the risk assessment as well as alternatives and sensitivity of results to such assumptions and models; (3) a quantitative estimate of the uncertainty inherent in the risk assessment; (4) a comparison of the risk with other risks to human health or the environment; (5) an estimate of the incremental risk avoided by the standard, effluent limitation, or requirement and the anticipated social, environmental, and economic benefits; and (6) an estimate of the social, environmental, and economic costs of complying with the standard, limitation, or requirement. Exempts standards, effluent limitations, or other regulatory requirements that are issued in final form within one year of this Act's enactment date from risk assessment requirements. (Sec. 304) Requires effluent standards for toxic pollutants to take into account the bioaccumulation potential of, and magnitude and risk of exposure to, a pollutant. Directs State Governors or water pollution control agencies to hold public hearings for purposes of reviewing, modifying, or adopting water quality standards at least once every five (currently, three years). Authorizes the Administrator to develop and issue guidance that States may use in: (1) issuing fish consumption advisories and scientific protocols for testing contamination levels of fish; (2) developing a monitoring program for contaminants in fish and shellfish; and (3) monitoring water quality at beaches and issuing health advisories with respect to beaches. (Sec. 305) Permits (currently, requires) a State to be joined as a party to a civil action brought by the United States under the CWA against a municipality located in such State. (Sec. 306) Revises provisions regarding water pollution control at Federal facilities to waive the sovereign immunity of the United States with respect to any requirement, administrative authority, or sanctions that may be imposed for violations. Provides that Federal employees may be subject to criminal sanctions, but exempts Federal agencies from such sanctions. Authorizes the Administrator to commence administrative enforcement actions against Federal agencies under this Act. Includes Federal agencies in the definition of "person." (Sec. 307) Authorizes appropriations for FY 1996 through 2000 for the clean lakes program. (Sec. 308) Revises the required elements of nonpoint source management programs and includes within such programs: (1) a schedule containing interim goals and milestones for making reasonable progress toward the attainment of standards; (2) a description of monitoring or assessment of program effectiveness; and (3) an identification of activities on Federal lands that are inconsistent with such programs. Grants States six (currently, three) months to submit revised programs in cases where modifications are required for approval. Requires the Administrator to prepare nonpoint source management programs for States that fail to do so or whose plans are not approved. Authorizes (currently, requires) the Administrator to make grants to States for preparing and implementing such management programs and preparing assessment reports. Increases the maximum Federal share of the cost of such programs to 75 (currently, 60) percent of the cost incurred by a State in preparing and implementing such reports and programs. Directs the Administrator to establish maximum and minimum grants for any fiscal year to promote equity between States and effective nonpoint source management. Sets forth limitations on the use of such grants. Requires the Administrator to study and report to the Congress on whether the allocation of funds for such grants reflects the costs of nonpoint source control measures for different nonpoint source categories and on options for better reflecting such costs in the allotment of funds. Increases the maximum amount of Federal assistance for grants to States for groundwater quality protection. Extends the authorization of appropriations for grants for assessment reports, nonpoint source management programs, and groundwater protection programs through FY 2000. Directs the Administrator to publish guidance to identify model management practices and measures which may be undertaken under such management programs. Requires compliance deadlines for nonpoint source management requirements to be postponed for one year for each fiscal year for which amounts appropriated to carry out grant programs for nonpoint source pollution and groundwater quality are less than the total amounts authorized to be appropriated. (Sec. 310) Authorizes States to submit watershed management programs to the Administrator for approval. Sets forth minimum requirements for such programs and lists activities that are eligible for assistance under the CWA. Permits States to adopt watershed management plans to be effective for up to ten years and to include planning and implementation schedules with milestones. Authorizes the issuance of pollutant discharge permits with limitations that do not meet applicable water quality standards if: (1) the receiving water is in a watershed with an approved plan; (2) the plan includes enforceable requirements under a State or local law for nonpoint source pollutant load reductions that will meet applicable water quality standards before the plan's expiration date; and (3) the point source does not have a history of significant noncompliance with its effluent limitations under a permit. Sets forth provisions regarding permit terms. Provides that if a State with an approved watershed management program makes a showing satisfactory to the Administrator that the State watershed and nonpoint source management programs will provide for the protection of coastal waters generally and contain other specified elements, such watershed program shall be deemed to be in compliance with the CWA and the Coastal Zone Act Reauthorization Amendments of 1990. Authorizes the Administrator to provide multipurpose grants to States with approved watershed management programs. Permits point source dischargers, as part of an approved watershed management program, to offset the impact of a pollutant discharge by entering into arrangements, including the payment of funds, for the implementation of source controls by another discharger through a pollution reduction credits trading program so long as safeguards are included to ensure compliance with technology based controls and to protect the quality of receiving waters. Directs the Administrator to allocate sums to carry out pollution reduction credits trading programs in selected areas of the country. Title IV: Permits and Licenses - Provides that, for purposes of provisions regarding pollutant discharge permits, waste treatment systems, including retention ponds or lagoons used to meet CWA requirements for concentrated animal feeding operations, are not waters of the United States. Authorizes an existing concentrated animal feeding operation that uses a natural topographic impoundment or structure, which is not hydrologically connected to any other U.S. waters, to continue to use the natural topographic feature for waste storage regardless of its size, capacity, or previous use. (Sec. 402) Revises stormwater discharge permitting provisions. Lists discharges composed entirely of stormwater for which permits are required under this section. Makes other such discharges subject to requirements for nonpoint source management programs. Establishes additional requirements for permits for municipal separate storm sewer systems, including that they: (1) require reasonable progress toward attainment of water quality standards; and (2) have additional requirements for the implementation of cost-effective controls for the control of discharges to attain or maintain such standards if they are renewed after this Act's enactment. Directs the Administrator to issue a consolidated permit for discharges from a storm sewer system owned by a municipality and the stormwater discharges from industrial sources owned by the same municipality. Authorizes the issuance of general or group permits for any discharges, other than those from municipal separate storm sewer systems, if the discharges are similar in nature and application of similar management measures will reduce pollution occurring from such discharges or if the Administrator finds that the issuance of general permits is appropriate. Prohibits the Administrator from requiring, as a permit condition for a discharge from a municipal separate storm sewer system, compliance with a numeric effluent limitation or an applicable water quality standard before December 31, 2009, except to implement management measures under regulations for municipal separate storm sewer systems. Sets forth requirements for regulations regarding permit application requirements for industrial and specified municipal stormwater discharges. Authorizes the Administrator to make grants to operators of municipal storm sewer systems for which permits are required for projects for the assessment of cost-effective controls. Extends compliance deadlines with respect to numeric effluent limitations or water quality standards required for specified municipal separate storm sewer systems if such grants total less than $20 million in any fiscal year. (Sec. 403) Requires each permit issued for a discharge from a combined storm and sanitary sewer to conform with the combined sewer overflow control policy signed by the Administrator on April 11, 1994. Authorizes the Administrator, notwithstanding specified compliance schedules and permit limitations, to issue a permit for discharges from such sewers that includes a schedule for compliance with a long-term control plan for a term of up to 15 years. Provides for extensions of such term, as appropriate. Modifies any consent decree or court order issued before this Act's enactment date by a district court that establishes any deadlines or timetables for the construction of treatment works for control of discharges from a municipal combined sewer system to make deadlines or timetables conform with this section's requirements. (Sec. 404) Requires the discharge permit program to provide that an owner or operator of a point source subject to a permit will not be required to remove or reduce the level of pollutants in a discharge if such pollutants are present in or caused by the intake waters for such source. (Sec. 405) Requires the Administrator to issue guidance on the beneficial use of sewage sludge. Title V: General Provisions - Directs the Administrator to involve State, tribal, and local governments in EPA decisionmaking, priority setting, policy and guidance development, and implementation under the CWA. (Sec. 502) Requires the President or head of any agency, in promulgating rules or establishing interpretations, guidelines, standards, or criteria for oil and grease under the CWA or the Oil Pollution Act of 1990, to: (1) differentiate animal fats and vegetable oils from other oils, including petroleum-based oils; and (2) consider differences in the physical, chemical, biological, or other properties and environmental effects of animal fats and vegetable oils from those other oils. (Sec. 503) Requires a CWA cost and needs estimate to be submitted quadrennially (currently, biennially) to the Congress. (Sec. 504) Reauthorizes the CWA through FY 2000. (Sec. 505) Directs the Administrator, prior to issuing any proposed or final regulation or other requirement pursuant to the CWA, to conduct: (1) an analysis of the direct and indirect costs for State and local governments to comply with the requirement in the five-year period following implementation; (2) an estimate of the amounts that will be authorized for providing Federal financial assistance for implementation of and compliance with the requirement for such period; (3) an estimate of the amounts that will be appropriated for such assistance for such period based on funding levels adopted as part of a concurrent resolution setting forth the congressional budget; (4) an assessment of the availability of other sources of funding for State and local governments to comply with such requirement; (5) an estimate of the amounts that will be authorized and appropriated for providing Federal assistance for the requirement for the fiscal year during which the requirement is to be implemented and the two preceding fiscal years; and (6) a certification that the amounts that will be appropriated exceed 90 percent of the costs for State and local governments to comply with the requirement. Requires the Administrator, if such certification is not made, to transmit to specified congressional committees a report explaining the reasons for not making such certification and the likely impacts of not adequately funding State and local governmental efforts to comply with the requirement. Title VI: State Water Pollution Control Revolving Funds - Authorizes State revolving funds (SRFs) to be used for water use efficiency measures whose principal purpose is improving or protecting water quality. (Sec. 602) Requires the Administrator to establish simplified procedures for small systems to obtain assistance from SRFs. (Sec. 603) Provides for an extended repayment period for loans made from SRFs to disadvantaged communities. Authorizes negative interest rates for such loans. Permits SRFs to be used to provide technical, planning, and other specified assistance to small systems. (Sec. 604) Authorizes and allocates appropriations for the SRF program through FY 2000. Title VII: Miscellaneous Provisions - Requires the Administrator to study and report to the Congress on future funding options for financing infrastructure projects under the CWA. Authorizes appropriations. Title VIII: Wetlands Conservation and Management - Comprehensive Wetlands Conservation and Management Act of 1995 - Prohibits, unless such activity is undertaken pursuant to a permit issued by the Secretary of the Army: (1) the discharge of dredged or fill material into U.S. waters; or (2) the draining, channelization, or excavation of wetlands. (Sec. 803) Requires the Secretary, upon receiving permit applications, to: (1) classify as Type A wetlands wetlands that are of critical significance to the long-term conservation of an ecosystem; (2) classify as Type B wetlands wetlands that provide habitat for a significant population of wildlife or provide other significant wetlands functions; and (3) classify as Type C wetlands wetlands that serve marginal functions but exist in such abundance that regulation of activities is not necessary to conserve wetlands values and functions, or are lands that do not serve significant wetlands functions. Permits owners of interests in Type A wetlands to seek compensation for the fair market value of such lands. Provides that title for such lands shall pass to the United States upon acceptance of an offer for compensation. Requires the Secretary to deny a permit authorizing activities in Type A wetlands unless: (1) such activities can be undertaken with minimal alteration or disturbance; (2) there are public interest concerns that require use of the lands for purposes other than conservation; or (3) the proposed use of the land will result in overall environmental benefits. Authorizes the Secretary to issue a permit for activities in Type B wetlands subject to conditions that ensure that the wetland ecosystem does not suffer loss or degradation. Imposes requirements for mitigation when such activities result in permanent wetland loss or degradation. Directs the Secretary to establish a mitigation banking program in each State to ensure compensation for loss and degradation of wetlands. Requires the primary objective of such programs to be to provide for the restoration, enhancement, or creation of ecologically significant wetlands on an ecosystem basis. Exempts specified activities from this Act's requirements. Prohibits more than 20 percent of any county, parish, or borough from being classified as Type A wetlands. Requires wetlands located on agricultural and associated nonagricultural lands to be delineated by the Secretary of Agriculture in accordance with the Food Security Act of 1985. Requires the Director of the U.S. Fish and Wildlife Service to undertake a project to identify and classify U.S. wetlands. Directs the Secretary to establish procedures pursuant to which: (1) landowners may appeal determinations of regulatory jurisdiction over a parcel of property, wetlands classifications with respect to property, or determinations that an activity is not regulated under a general permit; (2) any person may appeal a determination that a proposed activity is not exempt (non-exempt activities require permits); (3) permit applicants may appeal determinations to deny issuance of a permit or to impose a requirement under the permit; and (4) landowners or others required to restore or alter property may appeal an order to do so. Provides that persons who have filed appeals shall not be required to pay penalties or perform mitigation or restoration until the appeal has been decided. Authorizes civil actions and prescribes penalties for permit violations. Authorizes States to administer permit programs for activities covered by this Act, subject to the Secretary's approval. Directs the Secretary, in implementing responsibilities under the regulatory program, to balance the objective of conserving functioning wetlands with the objectives of ensuring continued economic growth, providing essential infrastructure, maintaining strong State and local tax bases, and protecting against the diminishment and value of private property. Requires the Secretary and the heads of Federal agencies to seek to minimize the effects of the regulatory program on the use and value of private property.
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
TABLE OF CONTENTS: Title I: Seeking Sanctions Against the Castro Government Title II: Assistance to a Free and Independent Cuba Title III: Protection of American Property Rights Abroad Cuban Liberty and Democratic Solidarity (LIBERTAD) Act of 1995 - Title I: Seeking Sanctions Against the Castro Government - Expresses the sense of the Congress that: (1) the President should instruct the U.S. Permanent Representative to the United Nations to seek within the Security Council a mandatory international embargo against the Cuban Government; and (2) efforts by any state to make the nuclear facility at Cienfuegos operational will have a detrimental impact on U.S. assistance to and relations with such state. (Sec. 102) Reaffirms a provision of the Cuban Democracy Act of 1992 that states that the President should encourage foreign countries to restrict trade and credit relations with Cuba. Urges the President to take steps to apply sanctions described by such Act against countries assisting Cuba. Declares that the President should instruct the Secretary of the Treasury and the Attorney General to enforce the Cuban Assets Control Regulations. (Sec. 103) Prohibits any U.S. person from extending any loan or other financing to a foreign person that traffics in property confiscated by the Cuban Government the claim to which is owned by a U.S. person. Terminates such prohibition upon termination of the economic embargo of Cuba. (Sec. 104) Directs the Secretary to instruct the U.S. executive directors of the international financial institutions to oppose the admission of Cuba as a member of such institutions until Cuba holds free and fair democratic elections. Requires the President to support Cuba's membership in such institutions during the period that a transition government is in power, subject to the membership taking effect after a democratically-elected government is in power. Reduces U.S. payments to institutions that approve assistance to Cuba over the opposition of the United States. (Sec. 105) Directs the President to report to the appropriate congressional committees on progress towards the withdrawal of personnel of any independent state of the former Soviet Union from the Cienfuegos nuclear facility. Amends the Foreign Assistance Act of 1961 to make ineligible for assistance any independent state that is providing assistance for, or engaging in nonmarket based trade with, Cuba. Withholds from assistance allocated for an independent state an amount equal to the assistance and credits provided by such state in support of military and intelligence facilities in Cuba. (Sec. 106) Requires the Director of the U.S. Information Agency to implement a conversion of television broadcasting to Cuba under the Television Marti Service to ultra high frequency broadcasting. (Sec. 107) Directs the President to report annually to the appropriate congressional committees on assistance and commerce received by Cuba from other foreign countries. (Sec. 108) Prohibits the importation into U.S. customs territory of any sugars, syrups, and molasses that are the product of a country that has imported Cuban sugar, syrups, or molasses. Makes such prohibition inapplicable if such country certifies to the President that it will not import Cuban sugar, syrups, or molasses until free and fair elections are held in Cuba. Authorizes the President to reallocate to other countries the quota of sugars, syrups, and molasses allocated to such a country during the period in which a prohibition is in effect. Title II: Assistance to a Free and Independent Cuba - Requires the President to develop a plan for providing economic assistance to Cuba at such time that a transition or a democratically-elected government is in power. Limits assistance for a transition government to humanitarian assistance, specified assistance comparable to that provided under the Foreign Assistance Act of 1961 for the economic and democratic development of the independent states of the former Soviet Union, and military adjustment assistance. Expands assistance to include development and agricultural assistance and export financing (as well as other specified assistance) when a democratically-elected government is in power. (Sec. 202) Requires the President to take steps to: (1) obtain the agreement of other countries, international financial institutions, and multilateral organizations to provide comparable assistance to Cuba; and (2) encourage the Organization of American States (OAS) to create a special emergency fund for deploying human rights observers and election support and observation in Cuba. Withholds up to $5 million of U.S. arrearages to the OAS until the OAS agrees to make available an equivalent amount for the special fund. Directs the President to determine whether to designate Cuba as a beneficiary country pursuant to the Caribbean Basin Economic Recovery Act. Permits such designation only after a democratically-elected government is in power. Amends such Act to make Cuba eligible for such designation. Requires the President, upon transmittal to the Congress of a determination that a democratically-elected government is in power, to: (1) enter into a preliminary agreement with Cuba providing for extension of the North American Free Trade Agreement or to seek the creation of an economic community with Cuba; and (2) designate a United States-Cuba Council to ensure coordination between the U.S. Government and private sector in responding to change and promoting market-based development in Cuba and to establish periodic meetings between the U.S. and Cuban private sectors for facilitating bilateral trade. (Sec. 204) Authorizes appropriations. (Sec. 205) Terminates the U.S. economic embargo against Cuba upon the President's transmittal to the Congress of a determination that a democratically-elected government is in power in Cuba. (Sec. 206) Sets forth conditions under which a government in Cuba will be considered transitional or democratic. Title III: Protection of American Property Rights Abroad - Amends the Immigration and Nationality Act to exclude from the United States aliens involved in the confiscation of property owned by U.S. persons. (Sec. 302) Sets forth provisions regarding liability for damages owed to U.S. persons by persons or governments trafficking in confiscated property. Grants U.S. district courts exclusive jurisdiction over such actions. (Sec. 303) Amends the International Claims Settlement Act of 1949 to authorize a U.S. national to bring a claim resulting from expropriation actions of the Cuban Government to the Foreign Claims Settlement Commission for certification of the amount and validity whether or not the U.S. national qualified as a U.S. national at the time of the action. Requires claimants to be U.S. nationals at the time of confiscation in the case of property confiscated after the date of enactment of this section.
United States · United States Congress · 13 February 1995
Volunteer Protection Act of 1995 - Prescribes circumstances under which volunteers working for nonprofit organizations or government entities shall be immune from personal financial liability for acts on behalf of the organization or entity. Sets forth exceptions and conditions that a State may impose on the granting of such immunity. Requires the Secretary of Health and Human Services to increase by one percent the fiscal year allotment which would otherwise be made to a State to carry out the Social Services Block Grant Program under title XX of the Social Security Act if such State has, within two years, certified to the Secretary that it has enacted a State law which provides such immunity. Provides for the continuation of such increase based on an annual recertification.
United States · United States Congress · 10 February 1995
Directs the Secretary of the Navy to provide for the retroactive award of the Navy Combat Ribbon with respect to participation in ground or surface combat during any period after July 4, 1943, and before March 1, 1961.
United States · United States Congress · 10 February 1995
Requests the President, within 14 days of the adoption of this resolution, to provide to the House of Representatives any document concerning: (1) the assured source of repayment to the United States for any credit facility made available to Mexico after December 31, 1994; (2) the net worth and historical annual revenues of Pemex as well as the projected annual revenues for the five-year period beginning on this resolution's adoption date and the extent to which proceeds from the sale of Mexican oil to customers are required to be paid to Mexico as taxes or payments in lieu of taxes or have been pledged as collateral for the repayment of loans or credit extended to Mexico or Pemex (other than credit facilities described in (1)); (3) the value of any oil the proceeds from the sale of which are pledged to assure the repayment of assistance provided by the United States and the manner in which the United States may exercise rights to obtain such proceeds as repayment for losses incurred; (4) assurances given by the Mexican Government with respect to changes in economic policies; (5) the decision by the President to use the assets of the exchange stabilization fund (fund) in connection with credit facilities described in (1) above; (6) criteria used in making any decision to use such assets to respond to any economic, balance of payments, or exchange crisis in any country and the facts on which such determinations were made with respect to Poland in 1989 and to Mexico in 1994 and 1995; (7) how the use of such assets as a source of credit to Mexico compares with all prior uses since 1945 for all other countries with regard to dollar amount, type, purpose, and duration of transaction, security or collateral pledged, and the existence of any agreement involving the International Monetary Fund (IMF) or the Federal Reserve System; (8) outstanding debts owed by the Mexican Government to U.S. creditors; (9) an accounting of all the fund flows through the fund for the 24-month period preceding the date of adoption of this resolution; (10) the balance of available assets in the fund; (11) the amount by which the total extensions of credit that will be made available to Mexico exceeds available assets in the fund and the means for covering any shortfall; (12) the departure of the IMF from its customary guidelines for country assistance; (13) the factual circumstances pursuant to which the Bank for International Settlements has become a lender to individual countries beyond the Bank's role as a clearinghouse for central banks; (14) the financial obligations of the Federal Reserve to the Bank; (15) the relationship among the Federal Reserve, the Bank, and central banks of other countries affiliated with the Bank with regard to assigning the ultimate liability for loss incurred in connection with the extension of credit to Mexico; (16) any meeting between the President and Members of Congress concerning the President's proposed actions to strengthen the Mexican peso and support economic stability in Mexico; and (17) any discrepancy between the amount the President announced is available in the fund and the amount shown as being available in the monthly statement of the public debt of the United States on December 31, 1994.