United States · United States Congress · 14 November 1995
Provides that in any case during FY 1996 in which appropriations are not otherwise available for the payment of veterans' disability compensation and dependency and indemnity compensation, the Secretary of Veterans Affairs shall nevertheless ensure that such payments are made in accordance with regular procedures and schedules. Appropriates necessary amounts for such purpose. Requires applicable accounts to be charged for such payments when regular appropriations become available. Requires such payments to be made also in any case during such fiscal year in which certain functions of the Government are delayed, deferred, or canceled due to a limitation on the Government's ability to borrow funds.
United States · United States Congress · 10 November 1995
Amends rule XLIV (financial disclosure) of the Rules of the House of Representatives to require each report filed with the Clerk of the House under title I of the Ethics in Government Act of 1978 for calendar year 1996 or any subsequent calendar year to disclose any gift (including a meal) with a fair market value in excess of $50 (other than personal hospitality of an individual or any gift received from a relative) as adjusted under such Act. Amends rule XLIII (Code of Official Conduct) to allow a House Member, officer, or employee to accept: (1) a gift with a fair market value of $50 (currently, $100) or less; and (2) an offer of free attendance for such individual and his or her spouse or dependent at a widely attended convention, conference, symposium, forum, panel discussion, dinner, viewing, reception, or similar event provided by the sponsor of the event if the individual participates in the event as a speaker or a panel participant by presenting information related to the Congress or matters before the Congress or by performing a ceremonial function appropriate to his or her official position, or if attendance at the event is appropriate to the performance of the official duties or representative function of the individual. Includes within the definition of "free attendance" waiver of all or part of a conference or other fee, the provision of lodging or transportation or the provision of food, refreshments, entertainment, and instructional materials furnished to all attendees as an integral part of the event. Excludes entertainment collateral to the event and food or refreshments taken other than in a group setting with substantially all other attendees. Permits such an individual, spouse, or dependent to accept a sponsor's unsolicited offer of free attendance at a charity event if: (1) the event is sponsored by a tax-exempt organization; (2) all expenses are paid by the sponsoring organization and not by another corporation or individual; (3) the proceeds to charity from the event exceed the costs of the event; and (4) the participation contributes in a tangible way to the success of the event.
United States · United States Congress · 8 November 1995
Amends the Agricultural Act of 1949 to establish milk price support provisions for calendar years 1996 through 2002. Mandates establishment of a special milk marketing order to equalize returns on all milk used in the 48 contiguous States to produce Class IV final products (butter, nonfat dry milk, and dry whole milk) among all milk marketed by producers for commercial use in those States. Amends the Food Security Act of 1985 to extend the termination date of the dairy products export incentive program (renaming it as the exporter bid program). Establishes a dairy products export incentive program (the price equalization program), requiring it to provide for payments by the Commodity Credit Corporation to the Administrator of the Class IV account established under the Agricultural Reconciliation Act of 1995. Mandates inviting proposals and conducting expedited hearings on consolidating and reforming Federal milk marketing orders issued under specified provisions of the Agricultural Marketing Agreement Act of 1937, including considering how all milk shall be regulated under Federal or State order, with manufacturing grade producers receiving pool proceeds from Class III and Class IV sales only. Declares that it is the sense of the Congress that Federal milk marketing orders in operation under the Agricultural Adjustment Act should be consolidated to between 8 and 14 orders.
United States · United States Congress · 7 November 1995
War Crimes Act of 1995 - Amends the Federal criminal code to provide that anyone, whether inside or outside the United States, who commits a grave breach of the Geneva conventions against a member of the U.S. armed forces or a U.S. citizen, shall be fined or imprisoned for life or any term of years, or both, or, if a death is involved, be subject to the death penalty.
United States · United States Congress · 2 November 1995
Travel and Tourism Partnership Act of 1995 - Establishes the National Tourism Board to develop a national travel and tourism strategy for increasing U.S. travel and tourism. Establishes the National Tourism Organization as a non-Federal non-profit organization to implement the national travel and tourism strategy. Directs the Secretary of State and the Director of the United States Information Agency (USIA) to: (1) place priority on implementing recommendations by the National Tourism Board; and (2) cooperate with the National Tourism Organization. Authorizes the President to transfer up to 25 staff members of the United States Travel and Tourism Administration to the Foreign Service or the Commercial Service for two years to assist the Organization in its start-up activities. Amends the Export Enhancement Act of 1988 to require the Trade Promotion Coordinating Committee's (TPCC) Federal trade promotion plan to reflect, among other things, recommendations by the National Tourism Board. Makes the President of the National Tourism Organization a member of the TPCC.
United States · United States Congress · 30 October 1995
Expresses the sense of the House of Representatives that: (1) in the negotiation of any peace agreement between the parties to the conflict in the Republic of Bosnia and Herzegovina, there should not be a presumption, and it should not be considered to be a prerequisite to the successful conclusion of such a negotiation, that enforcement of such agreement will involve deployment of U.S. armed forces on the ground in the territory of the Republic; and (2) no U.S. armed forces should be deployed on the ground in such territory to enforce a peace agreement until the Congress has approved the deployment.
United States · United States Congress · 26 October 1995
Requires the Secretary of Energy to transfer, without compensation, the Tatum Dome Test Site to the State of Mississippi after certification from the Administrator of the Environmental Protection Agency and the State that any contamination of such property has been remedied in accordance with applicable Federal and State laws and regulations. Subjects such transfer to retention by the United States of the following: (1) the subsurface estate below the depth of 2700 feet below sea level unless a lesser depth is agreed upon by the Secretary; (2) rights of access for monitoring wells for sampling; and (3) the right to install wells additional to those identified in the remediation plan to the extent deemed necessary by the Secretary to monitor potential pathways of contaminant migration.
United States · United States Congress · 19 October 1995
Extends eligibility for veterans' burial benefits to deceased veterans who were receiving nursing home care pursuant to payments made by the Secretary of Veterans Affairs to State homes on behalf of veterans eligible to receive such care in a Department of Veterans Affairs facility.
United States · United States Congress · 25 September 1995
Veterans' Compensation Cost-of-Living Adjustment Act of 1995 - Directs the Secretary of Veterans Affairs to increase, as of December 1, 1995, the rates of veterans' disability compensation, additional compensation for dependents, the clothing allowance for certain disabled adult children, and dependency and indemnity compensation for surviving spouses and children. Requires each such increase to be the same percentage as the increase in benefits provided under title II (Old Age, Survivors and Disability Insurance) of the Social Security Act, on the same effective date. Requires the Secretary to publish such increases in the Federal Register at the same time that the social security increases are required to be published.
United States · United States Congress · 19 September 1995
Veterans' Compensation Cost-of-Living Adjustment Act of 1995- Directs the Secretary of Veterans Affairs to increase, as of December 1, 1995, the rates of veterans' disability compensation, additional compensation for dependents, the clothing allowance for certain disabled adult children, and dependency and indemnity compensation for surviving spouses and children. Requires each such increase to be the same percentage as the increase in benefits provided under title II (Old Age, Survivors and Disability Insurance) of the Social Security Act, on the same effective date. Requires the Secretary to publish such increases in the Federal Register at the same time that the social security increases are required to be published.
United States · United States Congress · 14 September 1995
Amends the Solid Waste Disposal Act to exclude from the definition of "solid waste" any solid or dissolved materials contained, collected, and reused in an on-site production process that prevents releases to the environment.
United States · United States Congress · 14 September 1995
TABLE OF CONTENTS: Title I: Extension of Certain Commodity Programs Title II: Modification of Commodity Program Operations Title III: General Commodity Provisions Title IV: Repeal of Emergency Livestock Feed Assistance Program Title V: Federal Crop Insurance Title VI: Miscellaneous Programs Title VII: Commission on 21st Century Production Agriculture Agricultural Competitiveness Act of 1995 - Title I: Extension of Certain Commodity Programs - Amends the Agricultural Act of 1949 (Act) to extend loan, payment, and acreage reduction programs for wheat (including the food security wheat reserve), feed grains, cotton (including cottonseed and cottonseed oil), and rice. Extends loan and payment programs for oilseeds. Title II: Modification of Commodity Program Operations - Amends the Act to revise specified wheat, feed grains, upland cotton, and rice deficiency payment provisions (flex acres and 0-50 and 0-85 programs). (Sec. 203) Permits: (1) alternate crops to be planted on 100 percent (currently 25 percent) of crop acreage base without penalty; and (2) planting of crops on up to 25 percent of historical soybean acreage without loss of agricultural program eligibility. (Sec. 204) Establishes an alternative marketing loan repayment provision for wheat and feed grains. (Sec. 205) Amends the Agricultural Adjustment Act of 1938 to revise and extend peanut poundage quota and acreage allotment provisions. Repeals the special poundage allocation for Texas. Revises poundage quota provisions. Extends: (1) marketing penalty and disposition of additional peanut provisions; and (2) experimental and research programs. Amends the Act to revise and extend peanut price supports. Limits: (1) support rate decreases to not more than five percent; and (2) entry into New Mexico area marketing association pools to New Mexico-produced peanuts. Requires imported and exported peanuts to comply with U.S. quality standards. Extends assessment provisions. Amends the Food, Agriculture, Conservation, and Trade Act of 1990 to extend specified peanut program provisions. (Sec. 206) Amends the Act to extend and set forth sugar price support provisions. Establishes the sugarcane target price at 18 cents per pound. Provides for recourse (rather than nonrecourse) loan assistance unless tariff rates exceed specified levels. Title III: General Commodity Provisions - Amends the Act to extend authority for: (1) supplemental set-asides and acreage limitations; (2) deficiency and land diversion payments; (3) established price and price support adjustments; (4) optional price support participation; and (5) acreage base and payment fields. (Sec. 308) Amends the Food and Agriculture Act of 1977 to extend normally planted acreage provisions. (Sec. 309) Amends the Food and Agriculture Act of 1981 to extend the National Agricultural Cost of Production Standards Review Board. (Sec. 310) Amends the Food Security Act of 1985 to extend payment limitation provisions. (Sec. 313) Amends the Options Pilot Program Act of 1990 to extend the options pilot program. Title IV: Repeal of Emergency Livestock Feed Assistance Program - Amends the Emergency Livestock Feed Assistance Act of 1988 to repeal the emergency livestock feed assistance program. Title V: Federal Crop Insurance - Amends the Federal Crop Insurance Act to permit a producer to decline catastrophic risk protection and maintain agricultural program eligibility if such producer waives eligibility for emergency crop loss assistance. Title VI: Miscellaneous Programs - Amends the Trade Act of 1978 to extend the export enhancement program at reduced funding levels. (Sec. 602) Amends the Food Security Act of 1985 to extend the conservation reserve program at reduced spending levels. Title VII: Commission on 21st Century Production Agriculture - Establishes the Commission on 21st Century Production Agriculture to assess the current and future condition of U.S. production agriculture, including the appropriate agricultural role of the Government. Terminates the Commission upon submission of a required report.
United States · United States Congress · 7 September 1995
TABLE OF CONTENTS: Title I: Private Property Rights and Voluntary Incentives for Private Property Owners Title II: Improving Ability to Comply with the Endangered Species Act of 1973 Title III: Improving Scientific Integrity of Listing Decisions and Procedures Title IV: Recognizing Other Federal Action, Laws, and Missions Title V: Better Management and Conservation of Listed Species Title VI: Habitat Protections Title VII: State Authority to Protect Endangered and Threatened Species Title VIII: Funding of Conservation Measures Title IX: Miscellaneous Provisions Endangered Species Conservation and Management Act of 1995 - Amends the Endangered Species Act of 1973 (the Act) to revise: (1) the findings and purposes of the Act to include consideration of economic impacts and property owners' rights while encouraging practices that protect species; and (2) the policy of the Act to prohibit the Federal Government from using or limiting the use of privately owned property when such action diminishes the value of such property without payment of fair market value to the owner of private property. Title I: Private Property Rights and Voluntary Incentives for Private Property Owners - Amends the Act to prohibit the Government from taking an agency action affecting privately or non-federally owned property under the Act which results in diminishment of value of any portion of that property by 20 percent or more unless compensation is offered in accordance with this title. Requires the Federal agency that takes an action that exceeds that amount to compensate the private property owner for the otherwise lawful use or limitation on such use in the amount of the diminution in value of the portion of that property resulting from such use or limitation. Specifies that, if the diminution in value of a portion of that property is greater than 50 percent, at the option of the owner, the agency shall buy that portion and pay fair market value based on the value of the property before the use or limitation was imposed. Directs that compensation paid reflect the duration of the use or limitation necessary to achieve the purposes of the Act. Sets forth provisions regarding: (1) procedures for written requests for compensation by the owner; (2) agency negotiations with that owner to reach agreement; (3) choice of remedies; (4) arbitration; (5) civil actions (an owner who prevails in a civil action against the agency shall be entitled to the amount of compensation awarded plus reasonable attorney's fees and other litigation costs); (6) source of payments; (7) availability of appropriations (any U.S. obligation to make such a payment shall be subject to the availability of appropriations); and (8) duty of notice to owners of agency actions limiting the use of private property and of procedures for obtaining compensation. (Sec. 102) Requires the Secretary of the Interior (Secretary), in carrying out the program authorized by the Act, to cooperate to the maximum extent practicable with the States and other non-Federal persons, including consultation before acquiring any land or water, or interest therein, for the purpose of conserving any endangered or threatened species. Authorizes the Secretary to enter into a cooperative management agreement with any State or local government or non-Federal person for the management of a species listed as endangered or threatened, to be listed, or which is a candidate for listing, or for the management or acquisition of an area which provides habitat for a species, subject to specified limitations. Sets forth provisions regarding: (1) environmental assessments; (2) the effect of listing a species; and (3) violations of such agreements. (Sec. 103) Authorizes the Secretary to provide grants to certain non-Federal persons for the purpose of conserving, preserving, or improving habitat for any species that is determined to be an endangered or threatened species upon determining that: (1) the property for which the grant is provided contains habitat that significantly contributes to the protection of the population of the species and has been managed for species protection for a sufficient period of time to significantly contribute to the protection of the species population; and (2) the management of the habitat advances the interest of species protection. (Sec. 104) Directs the Secretary to initiate a program to provide technical advice and assistance to non-Federal persons who wish to participate in achieving the conservation objective for a species for which a conservation goal has been adopted. (Sec. 105) Specifies that nothing in the Act shall be construed to supersede, abrogate, or otherwise impair any right or authority of a State to allocate or administer quantities of water. Title II: Improving Ability to Comply With the Endangered Species Act of 1973 - Amends the Act to provide that an activity of a non-Federal person is not a taking of a species if the activity: (1) is consistent with the provisions of a final conservation plan or conservation objective; (2) complies with the terms and conditions of an incidental take permit or a cooperative management agreement; (3) addresses a critical, imminent threat to public health or safety or a catastrophic natural event, or is mandated by any Federal, State, or local government agency for public health or safety purposes; or (4) is incidental to, and not the purpose of, carrying out an otherwise lawful activity that occurs in an area of the territorial sea or exclusive economic zone that is not designated as critical habitat and the affected species is not a species of fish. Makes enforcement provisions and provisions regarding rewards and incidental expenses paid by the Secretary or the Secretary of the Treasury applicable specifically to endangered or threatened species of fish and wildlife (current law doesn't specify endangered or threatened species). Specifies that no interpretation, policy, guideline, finding, or other informal determination may be relied upon by the Secretary in the implementation and enforcement of the Act unless such determination has been the subject of a proposed rule, subject to specified requirements. Places the burden on the Secretary to show that a specimen belongs to a species which is determined to be an endangered or threatened species. Authorizes civil suits by persons who have suffered or are threatened with economic or other injury resulting from actions by Federal officials with respect to enforcement of the Act under specified circumstances. (Sec. 202) Defines, for purposes of the Act: (1) "take" to mean to harm, pursue, hunt, shoot, wound, kill, trap, capture, collect, or attempt to engage in that conduct; and (2) "harm" to mean to take a direct action against any member of an endangered species of fish or wildlife that actually injures or kills a member of the species. (Sec. 203) Authorizes non-Federal persons to initiate consultation with the Secretary on any prospective activity: (1) to determine if the activity is consistent with a conservation plan or objective; or (2) if the person determines that the activity is inconsistent, to determine whether the activity is likely to jeopardize the continued existence of an endangered or threatened species or to destroy or adversely modify the designated critical habitat of the species in a manner that is likely to jeopardize the continued existence of the species. (Sec. 204) Sets forth or revises provisions regarding: (1) incidental take permit requirements; (2) general, research, and educational permits; (3) maintenance of aquatic habitats for listed species; (4) compliance with international requirements and treaties; and (5) incentives for protection of marine species. Title III: Improving Scientific Integrity of Listing Decisions and Procedures - Revises provisions of the Act regarding determinations that a species is endangered or threatened to direct the Secretary to make such determinations based on specified factors, including: (1) the present or threatened loss of its habitat; and (2) the inadequacy of existing Federal, State, and local government regulatory mechanisms. Requires the Secretary to make such determinations solely on the basis of the best scientific and commercial data available after conducting a review of the status of the species and after soliciting and fully considering the best scientific and commercial data available concerning the status of a species from any affected State or any interested non-Federal person, taking into account other specified factors. Sets forth or revises provisions regarding: (1) consideration of State recommendations; (2) listing of foreign species; (3) soliciting scientific information; (4) emergency listings; (5) use of the best scientific and commercial data; (6) identifying data used for decisions; (7) judicial review; (8) peer review; (9) making data public; (10) improving the petition and designation processes; (11) greater State involvement; (12) monitoring the status of species; and (13) petitions to delist species. Title IV: Recognizing Other Federal Action, Laws, and Missions - Amends the Act to direct: (1) the Secretary to review other programs administered by the Secretary and utilize such programs in furtherance of the purposes of the Act; and (2) each Federal agency to ensure that any action authorized, funded, or carried out by such agency is not likely to jeopardize the continued existence of any endangered or threatened species or destroy or adversely modify any habitat that is designated by the Secretary as critical habitat of the species in a manner that is likely to jeopardize the continued existence of the species. Sets forth provisions regarding: (1) involvement of applicants for Federal approvals; (2) conferring on candidate species; (3) limitations on modifications to land management; (4) resolving conflicts between Federal agencies; (5) procedures for consultation; and (6) activities prior to completion of consultation. (Sec. 402) Sets forth provisions regarding exemptions from consultation and conferencing requirements. Specifies that an agency action shall not constitute a taking of a species prohibited by the Act or any regulation thereunder if the action is consistent with those provided for in a final conservation plan or a conservation objective under this Act, or a cooperative management agreement or an incidental take permit. (Sec. 403) Eliminates the Endangered Species Committee and related provisions. Title V: Better Management and Conservation of Listed Species - Amends the Act to direct the Secretary to publish a conservation objective and a conservation plan for each species determined to be an endangered or threatened species. Requires the Secretary: (1) within 30 days after the listing determination, to appoint an assessment and planning team (which shall report to the Secretary within 180 days the assessment of specified biological, economic, and intergovernmental factors with respect to the listed species); and (2) within 210 days, to review the report to establish a conservation objective for the species and publish in the Federal Register the conservation objective, along with a statement of findings on which the objective was established. (Sec. 502) Directs the Secretary, in the development and implementation of a conservation plan, to accord specified priorities, including to: (1) the development of an integrated plan for two or more endangered or threatened species that are likely to benefit from an integrated conservation plan; and (2) nonregulatory, incentive-based conservation measures and commercial activities that provide a net benefit to the conservation of the species. Sets forth provisions regarding: (1) publication of a draft plans; (2) contents of such plan; (3) plan preparation procedures; (4) publication of a final plan; (5) participation by other persons; (6) plan revision or amendment; and (7) lack of further procedures or requirements for actions consistent with the conservation plan. (Sec. 503) Delineates procedures regarding: (1) management prior to publication of a conservation plan; (2) emergency rulemaking protections; (3) suspension of conservation plans or objectives; (4) non-delegation of duties; and (5) review of conservation plans. (Sec. 504) Authorizes the Secretary to: (1) designate critical habitat of a species determined to be an endangered or threatened species that meets specified requirements utilizing the National Biodiversity Reserve (see Title VI) as a first priority; and (2) revise a critical habitat designation on determining that such habitat does not meet such requirements. Sets forth provisions regarding: (1) deadlines for designation; (2) basis for designation (directs the Secretary to exclude any area from critical habitat which does not meet the definition as set forth in this Act, which is not necessary to achieve the conservation objective for the affected species, for which the Secretary determines that the benefits of exclusion outweigh the benefits of designation (with exceptions), and in the case of property owned by a non-Federal person, where the owner has not given written consent to the designation or has not been compensated); (3) procedure for designation; and (4) judicial review of the critical habitat designation. Sets forth provisions regarding: (1) the standard for judicial review of decisions regarding conservation objectives or plans; (2) conservation plans for foreign species; and (3) the definition of critical habitat. (Sec. 505) Authorizes the Secretary to: (1) utilize captive propagation as a means of protecting or conserving an endangered or threatened species; and (2) provide annual grants to non-Federal persons to fund captive propagation programs if the Secretary determines that such a program contributes to enhancement of the population of such a species. (Sec. 506) Revises provisions regarding experimental populations to require the Secretary, before authorizing the release of a population of endangered or threatened species outside the current range of such species, to identify the precise boundaries of the geographic area for the release and determine whether the release is in the public interest. Provides that: (1) any member of an experimental population found outside the geographic area in which the population is released shall not be treated as a threatened species if the member poses a threat to the welfare of the public; and (2) critical habitat shall not be designated under the Act for any experimental population determined to be not essential to the continued existence of a species. Sets forth requirements for releases of such populations, including that the Secretary require that: (1) to the maximum extent practicable, the release occurs only in a unit of the National Park System or the National Wildlife Refuge System; (2) the regulations authorizing the release identify precisely the geographic area for the release; and (3) a release on non-Federal land occurs only with the written consent of the owner of the land. (Sec. 507) Revises provisions regarding regulations to protect threatened species to direct the Secretary to issue, concurrently with the regulation that provides for the listing of the species, such regulations as the Secretary deems necessary and advisable to provide for the conservation of such species. Specifies that prohibitions applied to the threatened species shall address the specific circumstances of such species and may not be as restrictive as such prohibition for endangered species. Requires conservation guidelines to include a system for developing and implementing, on a priority basis, conservation objectives and conservation plans. Directs the Secretary to provide to the public notice of, and opportunity to submit written comments on, any guideline proposed to be established. Title VI: Habitat Protections - Establishes a National Biological Diversity Reserve, composed of units of Federal and State lands designated and managed in accordance with this title. Directs the Secretary and the Secretary of Agriculture to designate to the Reserve by regulation those units of the national conservation systems which are within the jurisdiction of the Secretary concerned and which the Secretary determines would contribute to the protection, maintenance, and enhancement of biological diversity. Directs the Secretary to: (1) designate to the Reserve a unit of State-owned lands if such unit is nominated for designation by the Governor of the State and is managed under State law in accordance with this title; (2) designate to the Reserve privately owned land that is nominated for designation by the owner of the land, and remove such land from the Reserve if the owner requests removal; (3) remove from the Reserve a unit designated which the Secretary finds is not managed under State law in accordance with this title; and (4) remove from the Reserve any State-owned lands at the request of the Governor of that State. Requires: (1) each unit of the Reserve to have as an objective for the management thereof the preservation, maintenance, and enhancement of biological diversity; and (2) within one year of the designation of a unit to the Reserve, the manager of such unit to complete, and the Secretary concerned to make available to the public by notice in the Federal Register, an inventory of the species composing the biological diversity within such unit. (Sec. 602) Directs the Secretary, and the Secretary of Agriculture with respect to the National Forest System, to establish and implement a program to conserve fish, wildlife, and plants, including those which are determined to be endangered or threatened species. Provides that, to carry out such program, the appropriate Secretary: (1) shall utilize the land acquisition and other authority under the Fish and Wildlife Act of 1956, the Fish and Wildlife Coordination Act, and the Migratory Bird Conservation Act, as appropriate; and (2) is authorized to acquire lands, waters, or interests therein (lands). (Sec. 603) Directs the Secretary and the Secretary of Agriculture to encourage exchanges of lands within the jurisdiction of each Secretary (other than units of the National Park System and the National Wilderness Preservation System) for lands that are not in Federal ownership and that are affected by this Act. Sets forth provisions regarding the timing of exchanges, environmental assessment, expeditious exchange decisions, applicable law, and valuation of lands acquired. Title VII: State Authority to Protect Endangered and Threatened Species - Authorizes the Secretary to delegate to a State which establishes and maintains an adequate program for the conservation of endangered and threatened species the authority contained in this Act with respect to species of fish, wildlife, and plants that are residents in the State. Requires the Secretary, within 120 days after receiving a certified copy of a proposed State program, to determine whether such program will be adequate to provide protections to endangered and threatened species in such State, based on specified guidelines. Sets forth provisions regarding: (1) Federal financial assistance to a State which has received such delegation; (2) contents of a delegation agreement; (3) State compliance with this Act; (4) review of State programs; and (5) conflicts between Federal and State laws. (Sec. 702) Directs the Secretary, in any instance in which a State has a program for management of a native species which is the subject of a request for an export permit under the Convention on International Trade in Endangered Species of Wild Fauna and Flora, to act in accordance with the recommendation of the State unless the Secretary makes a finding and publishes a notice in the Federal Register that scientific evidence justifies a conclusion contrary to the advice of the State. Authorizes the State which is subject to such a finding, or any person in that State directly affected because of inability to obtain a permit, to appeal the finding to an administrative law judge or a court. Places the burden on the Secretary to show that the evidence supports a finding contrary to the recommendation of the State. Title VIII: Funding of Conservation Measures - Authorizes appropriations to the Departments of the Interior, Commerce, and Agriculture through FY 2001 to carry out the Act, including for cooperative management agreements, Convention implementation, non-Federal conservation planning, and habitat conservation grants. (Sec. 802) Directs the Secretary, for any non-Federal person or Federal power marketing administration, to pay half of any direct costs that result from the compliance by the person or administration mandated by a conservation plan or measure that provides protection to a listed species under a plan developed under the Pacific Northwest Electric Power Planning and Conservation Act, including a plan that provides protection to a larger population unit of the same listed species. Sets forth provisions regarding consultation requirements, incidental take permits, cooperative management agreements, method of cost-sharing, existing cost-sharing agreements, and adjustments to the cost-sharing percentage. (Sec. 803) Establishes in the Treasury an Endangered Species and Threatened Species Conservation Trust Fund. Title IX: Miscellaneous Provisions - Defines or redefines the terms: (1) "non-Federal person"; and (2) "commercial activity." (Sec. 902) Directs the Secretary to: (1) identify those species which are listed under the Act as a result of being determined to be a population segment; and (2) review and determine whether or not it is in the national interest to continue to list each such segment. Requires those segments which the Secretary recommends for continued listing to be submitted to the Congress for approval, and that any segment not determined to be in the national interest to be delisted. (Sec. 903) Requires the Secretary to publish a list of all species that were determined to be endangered or threatened species for which no final recovery plans were issued, divided equally into three tiers of priority for preparation of conservation objectives and plans (with any species listed as an endangered or threatened species in more than one State being placed in the first tier of priority). Directs the Secretary to publish a conservation objective, draft conservation plan, and final conservation plan for each species within each tier of priority according to a specified timetable. Sets forth provisions regarding: (1) priority for revision of existing plans (for listed species with recovery plans); (2) a schedule for revision of plans; (3) species for which no conservation plan is required; (4) a prohibition on additional requirements; and (5) existing biological opinions.
United States · United States Congress · 7 September 1995
Endangered Species Conservation Incentives Act of 1995 - Amends the Internal Revenue Code to permit a taxpayer to designate any overpayment for endangered species conservation. Establishes the Endangered Species Conservation Trust Fund in the Treasury into which the designated amount will be transferred. Deducts from the value of a taxable estate an amount equal to the value of any endangered species agreement property included in the estate. Provides for the recapture of such benefit in certain cases. Sets forth a provision providing for the valuation of a conservation easement. Allows a limited credit for endangered species conservation agreement costs.
United States · United States Congress · 6 September 1995
Expresses the sense of the Congress that the President and the Congress should adopt a Peace Through Strength Strategy for the post-Cold War era, based on the following general principles and goals: (1) the United States must accept and maintain global leadership through a clear and consistent articulation of vital U.S. national interests and goals; (2) the United States must maintain highly trained, well-equipped, combat-ready military forces and the national will to prevail in any conflict; (3) U.S. interests are promoted through participation in global and regional political, military, and economic organizations, treaties, and alliances, but the United States must retain its sovereignty and reserve the right to act unilaterally; (4) national wealth and economic strength are the foundation of all forms of power; (5) the economic vitality of the United States rests not only on free market competitiveness but also on responsible financial management; (6) the United States must expand effective human and technical intelligence capabilities to anticipate, detect, and respond to emerging threats; (7) the United States will act to lessen, prevent, and eliminate security threats, including those posed by the proliferation of weapons of mass destruction and of high technology conventional arms, terrorism, drug trafficking, and disruption of access to vital resources; (8) national security policy must be explained to the public in the clear context of national interests and a realistic strategy for protecting those interests; (9) the United States must maintain a strong technological and industrial base with a skilled workforce to support superior U.S. global economic competitiveness and military preparedness; and (10) the United States must systematically and sharply reduce its dependence on imported oil.
United States · United States Congress · 4 August 1995
TABLE OF CONTENTS: Title I: Deterrence of Illegal Immigration Through Improved Border Enforcement, Pilot Programs, and Interior Enforcement Subtitle A: Improved Enforcement at Border Subtitle B: Pilot Programs Subtitle C: Interior Enforcement Title II: Enhanced Enforcement and Penalties Against Alien Smuggling; Document Fraud Subtitle A: Enhanced Enforcement and Penalties Against Alien Smuggling Subtitle B: Deterrence of Document Fraud Subtitle C: Asset Forfeiture for Passport and Visa Offenses Title III: Inspection, Apprehension, Detention, Adjudication, and Removal of Inadmissible and Deportable Aliens Subtitle A: Revision of Procedures for Removal of Aliens Subtitle B: Removal of Alien Terrorists Subtitle C: Deterring Transportation of Unlawful Aliens to the United States Subtitle D: Additional Provisions Title IV: Enforcement of Restrictions Against Employment Title V: Reform of Legal Immigration System Subtitle A: Worldwide Numerical Limits Subtitle B: Changes in Preference System Subtitle C: Refugees, Asylees, Parole, and Humanitarian Admissions Subtitle D: General Effective Date; Transition Provisions Title VI: Restrictions on Benefits for Aliens Subtitle A: Eligibility of Illegal Aliens for Public Benefits Subtitle B: Expansion of Disqualification from Immigration Benefits on the Basis of Public Charge Subtitle C: Attribution of Income and Affidavits of Support Title VII: Facilitation of Legal Entry Title VIII: Miscellaneous Provisions Immigration in the National Interest Act of 1995 - Title I: Deterrence of Illegal Immigration Through Improved Border Enforcement, Pilot Programs, and Interior Enforcement - Subtitle A: Improved Border Enforcement - Increases: (1) the Border Patrol; and (2) Immigration and Naturalization Service (INS) border enforcement and related personnel. (Sec. 102) Provides for barrier and road improvements at U.S. border areas of high illegal entry, including San Diego, California. Authorizes appropriations for San Diego area improvements. (Sec. 103) Provides for improved border equipment and technology. (Sec. 104) Provides for biometric identifiers to be included in border crossing identification cards. (Sec. 105) Establishes civil penalties for illegal U.S. entry. (Sec. 106) Authorizes appropriations for detention and prosecution of aliens who have unlawfully entered the United States at least twice. (Sec. 107) Provides for inservice Border Patrol training. Authorizes appropriations. Subtitle B: Pilot Programs - Establishes pilot programs for: (1) deterrence of multiple unauthorized U.S. entries, which may include interior or third party repatriation; (2) use of closed military bases as INS detention centers; and (3) collection of alien departure records. Subtitle C: Interior Enforcement - Provides for increased INS interior investigative and enforcement personnel. Title II: Enhanced Enforcement and Penalties Against Alien Smuggling; Document Fraud - Subtitle A: Enhanced Enforcement and Penalties Against Alien Smuggling - Amends Federal criminal law to: (1) authorize wiretaps in alien smuggling investigations; and (2) include alien smuggling within racketeering offenses. (Sec. 203) Amends the Immigration and Nationality Act (Act) to revise and increase criminal penalties for alien smuggling. (Sec. 204) Increases the number of Assistant United States Attorneys and provides for their assignment to criminal matters involving illegal aliens. (Sec. 205) Authorizes and provides for INS undercover investigations. Subtitle B: Deterrence of Document Fraud - Amends Federal criminal law and the Act to increase and establish criminal and civil penalties for specified immigration related document fraud offenses, including false citizenship claims. Subtitle C: Asset Forfeiture for Passport and Visa Offenses - Amends Federal criminal law to provide for asset forfeiture for passport and visa offenses. Title III: Inspection, Apprehension, Detention, Adjudication, and Removal of Inadmissible and Deportable Aliens - Subtitle A: Revision of Procedures for Removal of Aliens - Amends the Act to revise alien removal and penalty provisions. (Sec. 309) Sets forth transition provisions with respect to: (1) the Attorney General's option to apply current or revised procedures; (2) judicial review; (3) suspension of deportation; and (4) certain family unity aliens. Subtitle B: Removal of Alien Terrorists - Part 1: Removal Procedures for Alien Terrorists - Amends the Act to establish a special removal procedure for alien terrorists, including establishment of a special removal court and a panel of special attorneys with access to classified information. (Sec. 322) Authorizes additional appropriations for INS detention and removal of alien terrorists. Part 2: Inadmissibility and Denial of Relief for Alien Terrorists - Amends the Act to make membership in a terrorist organization grounds for U.S. exclusion. (Sec. 332) Denies alien terrorists status adjustment and deportation relief. Subtitle C: Deterring Transportation of Unlawful Aliens to the United States - Amends the Act with regard to vessel and aircraft transportation of illegal aliens into the United States. Subtitle D: Additional Provisions - Authorizes Federal retirees to be used in the Institutional Hearing Program. (Sec. 358) Authorizes additional appropriations to the Attorney General for removing inadmissible or deportable aliens. (Sec. 359) Establishes in the Treasury an Immigration Enforcement Account. (Sec. 360) Declares that Congress advises the President to negotiate prisoner transfer treaties, which may include compensation provisions. (Sec. 361) Amends the Violent Crime Control and Law Enforcement Act of 1994 to direct INS to operate a criminal alien identification system. (Sec 363) Authorizes special registration of aliens on criminal probation or parole. Title IV: Enforcement of Restrictions Against Employment - Increases full-time employee positions in: (1) the Investigations Division of INS; and (2) the Wage and Hour Division of the Employment Standards Administration of the Department of Labor. (Sec. 403) Amends the Act to revise the employer sanctions program. Provides for an employment eligibility confirmation mechanism. Title V: Reform of Legal Immigration System - Amends the Act to restructure current legal immigration categories and levels into the following: (1) family-sponsored immigrants; (2) employment-based immigrants; and (3) humanitarian immigrants. Subtitle A: Worldwide Numerical Limits - Amends the Act to establish fiscal year worldwide limits for such immigrant categories. (Sec. 504) Requires periodic congressional review and reauthorization of worldwide immigration levels. Subtitle B: Changes in Preference System - Amends the Act to limit immediate relatives to spouses and children of U.S. citizens. (Sec. 512) Limits preference allocation for family-sponsored immigrants to: (1) spouses and children of lawful permanent resident aliens; and (2) qualifying parents of U.S. citizens. Requires parents to have adequate health coverage. (Sec. 513) Revises preference allocations for employment-based immigrants. Establishes: (1) a pilot program for smaller alien job creation investors; and (2) conditional permanent resident status for certain foreign language teachers. (Sec. 515) Revises special immigrant status provisions, including: (1) inclusion of certain NATO civilian employees; and (2) extension of status for religious workers. (Sec. 517) Makes specified family and employment-based amendments. Subtitle C: Refugees, Asylees, Parole, and Humanitarian Admissions - Amends the Act to limit annual refugee admissions to 75,000 in FY 1997 or 50,000 in succeeding years unless the Congress provides for additional entries. (Sec. 523) Authorizes the temporary employment of certain retirees to help reduce asylum application backlogs. (Sec. 524) Limits parole entry to a case-by-case basis for humanitarian or significant public benefit reasons. (Sec. 525) Provides for the admission of humanitarian immigrants. (Sec. 526) Revises asylum provisions. Subtitle D: General Effective Date; Transition Provisions - Sets forth transition provisions for specified classification status petitions. Title VI: Restrictions on Benefits for Aliens - Subtitle A: Eligibility of Illegal Aliens for Public Benefits - Part 1: Public Benefits Generally - Makes illegal aliens ineligible for unemployment benefits and Federal and State assistance, contracts, and licenses, with exceptions for emergency medical services, public health immunizations, and short-term emergency disaster relief. Requires proof of identify for Federal contracts, grants, loans, licenses, and specified public assistance programs. Authorizes States to establish similar requirements. (Sec. 605) Requires the Secretary of Housing and Urban Development to report on the disqualification of illegal aliens from housing assistance programs. Part 2: Earned Income Credit - Amends the Internal Revenue Code to deny the earned income tax credit to individuals not authorized to work in the United States. Subtitle B: Expansion of Disqualification from Immigration Benefits on the Basis of Public Charge - Amends the Act to revise public charge grounds for inadmissibility and deportability. Subtitle C: Attribution of Income and Affidavits of Support - Attributes a sponsor's income and resources to a family-sponsored immigrant for purposes of eligibility for Federal means-tested public benefits programs. (Sec. 632) Amends the Act to set forth sponsor affidavit of support requirements. Title VII: Facilitation of Legal Entry - Provides for: (1) increased numbers of land border inspectors; and (2) border infrastructure improvements. (Sec. 703) Amends the Act to provide for: (1) preinspection at specified foreign airports; and (2) training of airline personnel in fraudulent document detection. Establishes a carrier consultant program. Title VIII: Miscellaneous Provisions - Amends the Act, as amended by the Immigration and Nationality Technical Corrections Act of 1994 to revise the definition of "aggravated felony." Amends the Act with regard to: (1) definitions of "child" and "parent"; (2) visa processing procedure; (3) waiver authority concerning notice of visa application denial; (4) Canadian landed immigrants; (5) H-1B nonimmigrants; (6) visa extensions; (7) status adjustment; (8) access to certain confidential INS files; (9) nonimmigrant status for spouses and children of members of the armed forces; (10) fraudulent birth certificates; (11) visa "shopping"; and (12) specified miscellaneous and technical provisions.
United States · United States Congress · 4 August 1995
Continues existing average fuel economy standards for passenger and non-passenger automobiles until such standards are specifically amended or changed by law.
United States · United States Congress · 3 August 1995
Family Business Protection Act of 1995 - Amends the Internal Revenue Code to exclude from the gross estate, for estate tax purposes, specified portions of the adjusted value of the qualified family-owned business interests of the decedent.
United States · United States Congress · 27 July 1995
Equal Opportunity Act of 1995 - Prohibits discrimination or preferences in Federal employment and contracting on the basis of race, color, national origin, or sex, or entering into a consent decree requiring, authorizing, or permitting any such discrimination or preference. Prohibits construing this Act to prohibit or limit: (1) employment recruiting or encouraging contract bidding or requiring or encouraging Federal contractors to so recruit or encourage, if the recruiting or encouraging does not involve a numerical objective or otherwise granting a preference; (2) any act designed to benefit historically Black colleges or universities; (3) any action under a Federal law or treaty relating to the Indian tribes; or (4) classifications based on sex if sex is a bona fide occupational qualification reasonably necessary to the normal operation of the Government, contractor, or subcontractor, the classification is designed to protect privacy, a U.S. national security interest is involved, or the classification is applied regarding an armed forces member on active duty in a theatre of combat operations. Allows as remedies only injunctive or equitable relief (including back pay), attorney's fees, and costs.
United States · United States Congress · 19 July 1995
Grants the consent of the Congress to the amendment to articles I, II, and III of the Historic Chattahoochee Compact between Alabama and Georgia which: (1) provide that the purpose of the Compact is to promote the cooperative development of the Chattahoochee valley's full potential for historic preservation and tourism; (2) make such Compact effective immediately as to the States ratifying it whenever Alabama and Georgia have ratified it and the Congress has given its consent; and (3) permit the two States to establish a joint agency to be known as the Historic Chattahoochee Commission.
United States · United States Congress · 13 July 1995
George Washington Commemorative Coin Act of 1995 - Requires the Secretary of Treasury to mint and issue five-dollar gold coins emblematic of George Washington. Mandates that the design for the coins be: (1) selected by the Secretary after consultation with the Mount Vernon Ladies' Association and the Commission of Fine Arts; and (2) reviewed by the Citizens Commemorative Coin Advisory Committee. Provides for the distribution of coin sale surcharges to the Mount Vernon Ladies' Association.
United States · United States Congress · 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 · 14 June 1995
Safety and Health Improvement and Regulatory Reform Act of 1995 - Amends the Occupational Safety and Health Act of 1970 (OSHA) to revise provisions for OSHA standards. Requires promulgation and modification of such standards to be based of certain analyses and criteria, including a specified type of regulatory impact analysis, as well as a risk assessment and a cost-benefit analysis which are industry-specific. (Sec. 2) Repeals provisions for separate rules for toxic materials or harmful physical agents. Deems a variance to have been issued as of the date the application for it was filed,if the Secretary has failed to approve or disapprove such application within 90 days of such filing (unless the Secretary of Labor and the applicant agree to a longer period). Sets forth requirements relating to such regulatory impact analyses (both a preliminary and a final one), risk assessments, and cost-benefit analyses. Directs the Secretary, within seven years of the effective date of this Act, to review each OSHA standard in effect as of such effective date under specified criteria, and to modify or revoke such standards as appropriate. Allows each person affected by a promulgated OSHA standard to petition the Secretary to modify or revoke such standard pursuant to this review process. Sets forth substantive and procedural requirements relating to such provisions. Repeals the mandate that, in determining the priority for establishing OSHA standards, the Secretary give due regard to: (1) the urgency of the need for such standards for particular industries, trades, crafts, occupations, businesses, workplaces, or work environments; and (2) the recommendations of the Secretary of Health and Human Services regarding such need. Directs the Secretary, upon determining that a rule should be promulgated or modified to serve OSHA objectives, to appoint an independent and external peer review panel to review the scientific and economic data which forms the basis for such standard and such data's relevance to industries and workers that would be affected by it. (Sec. 3) Revises provisions for notices of violations and citations. Directs the Secretary to give notices of violations, with specified periods for abatement (at least 30 days, except that a reasonable shorter period may be ordered if the condition constitutes a direct threat to employees). Authorizes the Secretary to issue citations after a follow-up inspection if the violation remains and the abatement period has expired. Provides that such notice of a violation before issuance of a citation shall not be required in cases of alleged violations causing death or serious injury, or constituting an imminent danger, to an employee. (Sec. 4) Directs the Secretary to establish an office to promote, administer, and coordinate the following worksite-based incentives programs and activities. Exempts from general OSHA inspections workplaces which: (1) the employer certifies have been reviewed under a Federal-State consultation services program or a workplace review provided by a certified person; or (2) the Secretary chooses to certify as having significant involvement of their employees in their safety and health program. Directs the Secretary to establish programs to: (1) certify persons to conduct such reviews; (2) give special recognition (including exemption from random OSHA inspections) to worksites, companies, and other organizations which have implemented particularly effective programs addressing occupational safety and health in the workplace; and (3) provide education, training, and technical assistance to employers and employees in providing safe and healthful workplaces and complying with OSHA requirements. Reserves at least one-half of the annual appropriation under OSHA for such worksite-based incentives programs, effective in the first fiscal year beginning three years after the effective date of this Act. (Sec. 5) Makes certain restrictions under the National Labor Relations Act and the Railway Labor Act inapplicable to employee participation on certain committees, teams, or other arrangements dealing with employers concerning health and safety of working conditions or related matters. (Sec. 6) Revises provisions for inspections. Revises provisions relating to employee requests for inspections to: (1) eliminate such requests by employee representatives; and (2) make a special inspection discretionary rather than mandatory, while having the Secretary make an inquiry with the employer, upon determination that there are reasonable grounds that the alleged violation or danger exists and that the employer has failed to correct it. Requires that certain inspections be conducted by at least one individual who has technical expertise by training or experience in the industry or types of hazards being inspected. Directs the Secretary to: (1) enter into agreements with other Federal agencies and with States to train inspection personnel of agencies which inspect employers to inspect places of employment to determine if employee fire protection is adequate; and (2) establish a system for referral of fire hazards to the Secretary after notification to the employer, if the employer fails to take corrective actions. Prohibits the Secretary from conducting routine inspections of (or enforcing any OSHA standard, rule, regulation, or order with respect to): (1) any person engaged in a farming operation that does not maintain a temporary labor camp and is employing ten or fewer employees; and (2) any employer of not more than 50 employees that has an occupational injury or a lost work day rate less than the national average. Sets forth certain exceptions from such exemption. (Sec. 7) Adds employer defenses of employee misconduct, or alternative safe methods, or other inconsistent or conflicting requirements. (Sec. 8) Revises OSHA penalties. Eliminates provisions relating to willful and repeated violations. Directs the Occupational Safety and Health Review Commission to: (1) assess all civil penalties, giving due consideration to their appropriateness with respect to specified factors; and (2) not assess a penalty greater than that proposed by the Secretary. Allows reduction of a civil penalty by the cost to the employer of correcting the violation. Authorizes the Secretary to propose that a special assessment penalty of up to ten times greater be applied in the circumstances of employee fatalities, or an excessive history of serious injuries to employees, caused by violations of certain OSHA standards. Prohibits penalties where no standard or regulation exists. Provides for jurisdiction for prosecution under State and local criminal laws. (Sec. 9) Revises enforcement procedures with respect to Commission review of the Secretary's citations or proposed penalties for employers. Revises judicial review provisions to require upholding, if reasonable, of the Commission's conclusions of law with respect to the construction of OSHA, or regulations, rules, standards, or orders adopted under OSHA. Increases Commission membership from three to five, and quorums from two to three members. Requires at least one Commission member to have expertise or experience in mining. Revises provisions for Commission hearings and records to provide that, if the parties so agree, there shall not be required any formal proceedings, including requests for production of documents or requests for admissions, interrogatories, or depositions. (Sec. 10) Repeals OSHA provisions for: (1) the National Institute of Occupational Safety and Health (NIOSH), thus abolishing it; (2) NIOSH research and related activities; and (3) NIOSH training and employee education activities. (Sec. 11) Repeals OSHA provisions relating to the already terminated National Commission on State Workmen's Compensation Laws. (Sec. 12) Revises OSHA conditions for approval of State plans. Makes certain conditions inapplicable if the State has adopted alternative performance measures to assure that its program is at least as effective as the Federal program in assuring safe and healthful employment and places of employment. (Sec. 13) Revises procedures for discrimination protection for whistle-blowers under OSHA. (Sec. 14) Provides for OSHA coverage of Federal agencies. (Sec. 15) Repeals provisions for separate occupational safety and health programs for Federal agencies. (Sec. 16) Authorizes employers to establish alcohol and substance abuse testing programs where there is a reasonable probability that any employee's safety or health could be endangered because of use of alcohol or a controlled substance in the workplace. Requires such programs to conform to specified Federal guidelines. Allows employer pre-employment testing for alcohol or substance abuse under specified circumstances. Authorizes the Secretary to test employees for use of alcohol or controlled substances during any investigation of a work-related fatality or serious injury. (Sec. 17) Repeals titles I, II, III, and V of the Federal Mine Safety and Health Act of 1977 (FMSHA). Transfers the functions, responsibilities, and authorities of: (1) the Mine Safety and Health Administration to the Assistant Secretary of Labor for Occupational Safety and Health; and (2) the Federal Mine Safety and Health Review Commission to the Occupational Safety and Health Review Commission. Deems FMSHA standards to have been promulgated under OSHA. Prohibits the Secretary from enforcing any other standards promulgated prior to the effective date of this Act, with respect to activities, conditions, or processes which were subject to FMSHA. Repeals specified parts of the Code of Federal Regulations (CFR). Prohibits requirements of a specified part of CFR from being enforced with respect to any sand, gravel, surface stone, surface clay, colloidal phosphate, or surface limestone mine. Establishes OSHA requirements for mine safety inspections, enforcement orders, and penalties. Requires the National Mine Health and Safety Academy to be: (1) maintained as an agency of the Department of Labor; and (2) responsible for training of mine safety and health inspectors and technical support personnel, and for any other training programs for mine inspectors, mining personnel, or other personnel designated by the Secretary. (Sec. 18) Revises specified OSHA provisions for recordkeeping, reporting, and statistics. (Sec. 19) Adds definitions of the terms "serious injury" and "industry." (Sec. 20) Directs the Secretary to: (1) report annually to the Congress regarding activities under OSHA, including recommendations to avoid unnecessary duplication and to achieve coordination with other Federal laws; and (2) provide for a means for certification of equipment safety, to be conducted by nongovernmental agencies, unless such agencies with professional or technical personnel or materials and equipment are not available.
United States · United States Congress · 7 June 1995
Black Revolutionary War Patriots Commemorative Coin Act - Directs the Secretary of the Treasury to mint and issue one-dollar silver coins emblematic of the Black Revolutionary War Patriots Memorial in Washington, D.C. Directs that coin sale surcharges be paid to the Black Revolutionary War Patriots Foundation for raising an endowment to support construction of the Memorial.
United States · United States Congress · 23 May 1995
James Madison Commemorative Coin Act - Directs the Secretary of the Treasury to issue commemorative one-dollar silver coins emblematic of the 250th anniversary of the birth of James Madison and the life and achievements of the fourth President of the United States. Requires the Secretary to turn over proceeds from surcharges to the National Trust for Historic Preservation to be used to: (1) establish an endowment as a permanent source for Montpelier (home of James Madison and a museum); and (2) fund capital restoration projects at Montpelier.
United States · United States Congress · 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
Emergency Immigration Parole Correction Act of 1995 - Amends the Immigration and Nationality Act to prohibit the Attorney General from: (1) using parole authority based upon immigrant or family status, refugee claim, or public interest for detainees; and (2) adjusting the status for Cubans or Haitians paroled into the United States in the public interest.
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 · 22 March 1995
Newborn Infant HIV Notification Act - Requires a State, if it requires that the results of the human immunodeficiency virus (HIV) testing of an infant be reported to it (or if the State conducts an HIV test of the infant), to disclose such results to: (1) the biological mother of the infant if the mother is the legal guardian; or (2) specified State agencies if the State is the legal guardian of the infant. Directs the State, in disclosing such results (other than to State agencies), to ensure that appropriate counseling on HIV is provided to the individual.
United States · United States Congress · 9 March 1995
TABLE OF CONTENTS: Title I: General Provisions Title II: Health Care Liability Reform Subtitle A: Reform Described Subtitle B: Requirements for State Alternative Dispute Resolution Systems (ADR) Health Care Liability Reform Act of 1995 - Title I: General Provisions - Applies this Act to any health care liability claim or action in State or Federal court, except for vaccine or medical product injuries. Preempts State laws, subject to limitations. Title II: Health Care Liability Reform - Subtitle A: Reform Described - Requires initial resolution under an alternative dispute resolution system (ADR) of State or Federal health care liability actions and claims against the United States. Sets a time limit for commencement of actions. Limits contingent attorney's fees to percentages of the amount recovered (including any periodic payments projected to life expectancy). Requires payment by the contesting party of attorney's fees and costs if the award amount is not adjusted at least a specified percentage in favor of the contesting party. Limits noneconomic damages for an injury to a specified dollar amount regardless of the number of defendants or the number of actions. Requires, if requested by either party, that future expense payments over a certain amount be paid on a periodic basis. Mandates collateral source payment offsets. Regulates punitive damages with regard to the standard of proof, medical products subject to premarket approval, pleadings, separate proceedings, and amount. Permits several but not joint liability. Allows injunctions prohibiting violations of this title. Authorizes State agencies responsible for health care practitioner disciplinary actions to make agreements with professional societies to participate in health care practitioner licensing and to review malpractice actions and allegations. Subtitle B: Requirements for State Alternative Dispute Resolutions Systems (ADR) - Sets forth requirements for State ADRs, including requiring that State ADRs apply to all health care liability claims in that State's courts. Provides for annual Federal certification of State ADRs and mandates an alternative Federal ADR for claims in uncertified States. Requires uncertified States to reimburse the United States for costs and prohibits payments under the Public Health Service Act to those States, their local governments, or any entity in those States.
United States · United States Congress · 3 March 1995
Amends the National Trails System Act to designate the route from Selma to Montgomery, Alabama (traveled by the march dramatizing the need for voting rights legislation), as a National Historic Trail.
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 · 1 March 1995
Amends the Perishable Agricultural Commodities Act, 1930 to redefine "dealer" to include a person in the wholesale or jobbing business who resells at retail regardless of any invoice dollar amount floor (required by current law) for purchased perishable and agricultural commodities. Defines "collateral fees and expenses" and "producer."
United States · United States Congress · 23 February 1995
Amends the Nuclear Waste Policy Act of 1982 to revise and rename it the Integrated Spent Nuclear Fuel Management Act of 1995. (Sec. 1) Instructs the Secretary of Energy (the Secretary) to accept spent nuclear fuel and high-level radioactive waste by not later than January 31, 1998. Entitles contract holders to specified remedies for the Secretary's failure to meet service contract obligations, or to accept spent nuclear fuel and high-level radioactive waste as mandated under this Act. States that the Nuclear Waste Fund shall fund the execution of service contract and implementation of the Secretary's responsibilities, including the acceptance of spent nuclear fuel and high-level radioactive waste at contract holder sites and transporting such fuel or waste to a private storage facility. Establishes an integrated spent nuclear fuel management system for spent nuclear fuel and high-level radioactive waste, including its storage, transportation, and disposal. Prescribes procedural guidelines for the use of: (1) railroads; (2) transportation planning and requirements; (3) multi-purpose canister systems; (4) interim storage facilities; (5) permanent disposal; (6) land withdrawal; and (7) private storage facilities. Prescribes consultation and assistance guidelines between the Secretary and the State of Nevada. Prescribes budget priorities for purposes of annual requests for appropriations from the Waste Fund. Prescribes a fee schedule for electricity and nuclear fuel used to generate electricity in a civilian nuclear power reactor. Sets forth advance contract prerequisites for utilization or production facility license renewals. Reestablishes the Nuclear Waste Fund and the Office of Civilian Radioactive Waste Management. Directs the Secretary to: (1) establish by rule the appropriate portion of the costs of managing high-level radioactive waste and spent nuclear fuel allocable to the interim storage or permanent disposal of high-level radioactive waste and spent nuclear fuel from atomic energy defense activities; and (2) advise the Congress annually of the amount of high-level radioactive waste and spent nuclear fuel from atomic energy defense activities requiring management in the integrated spent nuclear fuel management system. Subjects the Secretary to all Federal, State, and local environmental or land use laws and regulations, with specified exceptions. Grants the U.S. courts of appeals original and exclusive jurisdiction over civil actions under this Act. Provides that upon a contract holder's request, the Secretary shall take title to or possession of spent nuclear fuel or high-level radioactive waste without removing it from the contract holder's designated storage site if the Secretary cannot accept such items within the contract's acceptance schedule. Requires the NRC to promulgate regulatory guidelines for: (1) financial assurances for low-level radioactive waste site closures; and (2) training and qualification of civilian nuclear powerplant personnel. Reestablishes the Nuclear Waste Technical Review Board. Authorizes appropriations. Directs the Secretary to take action as necessary to improve the management of the civilian radioactive waste management program to ensure that it is operated to the maximum extent like a private business. States that the program is not subject to civil service regulations. Abolishes the Interim Storage Fund, the Monitored Retrievable Storage Commission, the Office of Subseabed Disposal Research, and the Office of Nuclear Waste Negotiator. Repeals all references to the Yucca Mountain site. Requires the Secretary to report to the Congress whether particular milestones have been reached with respect to: (1) multi-purpose canister systems; (2) land withdrawals; (3) interim storage facilities; and (4) acceptance of spent nuclear fuel from contract holders. Directs the Secretary to: (1) create a value engineering function within the Office of Civilian Radioactive Waste Management; and (2) employ on an on-going basis, integrated performance modeling regarding site characterization. (Sec. 2) Sets forth transition provisions for the continuation of: (1) contracts; (2) Nuclear Waste Fund; (3) Office of Civilian Radioactive Waste Management; and (4) Nuclear Waste Technical Review Board. (Sec. 3) Mandates that amounts in the Nuclear Waste Fund be appropriated exclusively for certain authorized purposes cited in the Nuclear Waste Policy Act of 1982. Precludes such appropriations from being taken into account for any budget enforcement procedures under the Balanced Budget and Emergency Deficit Control Act of 1985. Amends such Act to provide that appropriations to the Nuclear Waste Fund are not subject to its discretionary spending limits or to a certain allocation of the Energy and Waster Development Subcommittee of the Appropriations Committee. Reduces specified discretionary spending limits under the Congressional Budget Act of 1974.
United States · United States Congress · 21 February 1995
Amends title XVIII (Medicare) of the Social Security Act to limit Medicare coverage of chiropractic services to certain services for the treatment of spinal conditions that are conducted by State-licensed doctors of chiropractic legally authorized by the State to provide them.
United States · United States Congress · 9 February 1995
Helium Privatization Act of 1995 - Amends the Helium Act to authorize the Secretary of the Interior to: (1) enter into agreements with private parties for the recovery and disposal of helium on Federal lands; (2) grant leasehold rights to such helium; (3) store and transport crude helium; and (4) maintain and operate existing crude helium storage at the Bureau of Mines Cliffside Field. Directs the Secretary to: (1) cease producing, refining, and marketing refined helium; and (2) dispose of all facilities, equipment, and Federal property interests relating to refined helium activities. Requires the Secretary to impose fees for helium storage, withdrawal, or transportation services. Prescribes guidelines for: (1) the purchase of helium by Federal agencies from certain private persons; and (2) the sale of crude helium by the Secretary. Prohibits the Secretary from making crude helium sales in amounts that will disrupt the crude helium market price. Mandates that proceeds from helium sales be paid to the Treasury. Instructs the Secretary to eliminate helium stockpiles by a prescribed deadline. Repeals the Secretary's authority to borrow under the Helium Act. Directs the Inspector General of the Department of the Interior to prepare certain annual financial statements for the Helium Operations of the Bureau of Mines.
United States · United States Congress · 3 February 1995
Superfund Recycling Equity Act of 1995 - Amends the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 to absolve persons (other than owners or operators) who arranged for the recycling of recyclable material from liability for environmental response actions. Deems transactions involving scrap paper, plastic, glass, textiles, or rubber (other than whole tires) to be arranging for recycling if the person who arranged the transaction demonstrates that the following criteria were met: (1) the recyclable material met a commercial specification grade and a market existed for the material; (2) a substantial portion of the material was made available for use as a feedstock for the manufacture of a new saleable product; (3) the material (or product to be made from the material) could have been a replacement for a virgin raw material; and (4) with respect to transactions occurring 90 days after this Act's enactment, the person exercised reasonable care to determine that the facility where the material would be managed by another was in compliance with Federal, State, or local environmental laws or regulations. Deems transactions involving scrap metal to be arranging for recycling if the person who arranged the transaction demonstrates that: (1) the criteria for scrap materials were met; (2) he or she complied with applicable standards regarding activities associated with the recycling of scrap metals; and (3) the scrap metal was not melted prior to the transaction. Deems transactions involving spent lead-acid, nickel-cadmium, or other batteries to be arranging for recycling if the person involved demonstrates that: (1) the criteria for scrap materials were met; and (2) he or she complied with applicable Federal environmental regulations or standards regarding such batteries. Makes the exemptions from liability under this Act inapplicable if the person: (1) had an objectively reasonable basis to believe at the time of the recycling transaction that the recyclable material would not be recycled or would be burned as fuel or for energy recovery or incineration or that the consuming facility was not in compliance with Federal, State, or local environmental laws or regulations; (2) added hazardous substances to the material for purposes other than processing for recycling; or (3) failed to exercise reasonable care with respect to the management of the material. Makes such exemptions inapplicable if the recyclable material contained polychlorinated biphenyls in excess of 50 parts per million or any new Federal standard.
United States · United States Congress · 1 February 1995
Tax Fairness for Agriculture Act of 1995 - Amends the Internal Revenue Code to prohibit agricultural or horticultural organization member dues (limited to a specified amount) from being treated as unrelated business taxable income for purposes of the tax on unrelated business income.
United States · United States Congress · 1 February 1995
Biennial Budgeting Act of 1995 - Amends the Congressional Budget Act of 1974 to revise the Federal and congressional budget processes by establishing a two-year budgeting and appropriations cycle and timetable. Defines the budget biennium as the two consecutive fiscal years beginning on October 1 of any odd-numbered year. Devotes the first session of any Congress to the budget resolution and to appropriations decisions, retaining current deadlines in most cases. Changes certain deadlines to conform to the biennial scheme. Devotes each second session to authorization activity, subject to specified deadlines. Requires the Director of the Congressional Budget Office (CBO) to issue four-year projections of congressional budget action. (Current projections are on a five-year basis.) Amends provisions relating to the reconciliation process to: (1) increase from 20 to 100 hours the time of debate permitted in the Senate with respect to reconciliation measures; and (2) make it out of order in both the House and the Senate to consider any reconciliation legislation changing any provision of law other than one relating to new budget or spending authority, revenues, or the public debt limit. Conforms provisions governing the President's budget to the biennial framework. Amends the Rules of the House of Representatives to conform to the biennial framework.
United States · United States Congress · 31 January 1995
Commercial Aviation Fuel Tax Repeal Act of 1995 - Amends the Internal Revenue Code to repeal the increase in tax on fuel used in commercial aviation scheduled to take effect after September 30, 1995.
United States · United States Congress · 19 January 1995
Amends title XVIII (Medicare) of the Social Security Act and other Federal law to make any managed health care plan established by the Secretary of Defense in the Military Health Services System eligible for payments by the Secretary of Health and Human Services on behalf of any plan enrollees entitled to Medicare benefits.
United States · United States Congress · 19 January 1995
Amends the Endangered Species Act of 1973 to prohibit the Secretary of the Interior from determining a species to be an endangered or threatened species, or from designating a critical habitat of a species, until such Act has been reauthorized.
United States · United States Congress · 13 January 1995
Repeals the Davis-Bacon Act (an Act which requires that the locally prevailing wage rate be paid to various classes of laborers and mechanics working under federally-financed or federally-assisted contracts for construction, alteration, and repair of public buildings or public works). Repeals the Copeland Act (an Act which requires the Secretary of Labor to regulate contractors and subcontractors engaged in the construction or repair of public buildings, public works, or federally financed or assisted buildings or works).
United States · United States Congress · 11 January 1995
Amends the Omnibus Budget Reconciliation Act of 1990 to: (1) make permanent the Medicare select policy program; and (2) allow access to Medicare select policies in all States. Amends title XVIII (Medicare) of the Social Security Act to revise the Medicare select policy program and provide for a civil penalty for misrepresentations made in connection with a Medicare select policy.
![Official portrait of Rep. Everett, Terry [R-AL-2]](https://www.congress.gov/img/member/267ae0ed9da694d5ce8e34d18f77b47c_200.jpg)