United States · United States Congress · 7 March 1996
Condemns: (1) the visit of Louis Farrakhan to Libya, Iran, and Iraq; and (2) his statements made during those visits which support the governments of these countries (all of which have been designated by the Secretary of State as state sponsors of terrorism). Calls upon the President to direct appropriate Government agencies to determine if Farrakhan violated any Federal laws by such visits or by actions resulting from agreements or understandings reached during these visits and to vigorously prosecute any such violations.
United States · United States Congress · 7 March 1996
Expresses the sense of the Congress that the People's Republic of China should: (1) reaffirm its commitment to conduct relations with Taiwan by peaceful means; (2) engage in diplomatic negotiations to discuss any disagreement with Taiwan without any threat of military or economic coercion against Taiwan; and (3) immediately live up to its commitment to work for a peaceful resolution of any disagreements with Taiwan and desist from military actions designed to intimidate Taiwan. Calls on Taiwan to adhere to its commitment to negotiate its future relations with the mainland by mutual, not unilateral, decision. Calls for the United States: (1) to maintain its commitment to resist any resort to force or use other forms of coercion that would jeopardize the security, or the social or economic system, of the people on Taiwan, consistent with its undertakings in the Taiwan Relations Act; (2) to maintain a naval presence sufficient to keep open the sea lanes in and near the Taiwan Straits; (3) in the face of the several overt military threats by the People's Republic of China against Taiwan, and consistent with the commitment of the United States under the Taiwan Relations Act, to supply Taiwan with defensive weapons systems; and (4) to assist in defending the people of Taiwan against invasion, missile attack, or blockade by the People's Republic of China.
United States · United States Congress · 6 March 1996
United States-Puerto Rico Political Status Act - Requires a referendum to be held by December 31, 1998, on Puerto Rico's path to self-government either through U.S. statehood or through sovereign independence or free association. Requires the President to submit to the Congress for approval legislation for: (1) a transition plan of at least ten years which leads to full self-government for Puerto Rico; and (2) a recommendation for the implementation of such self-government consistent with Puerto Rico's approval. Sets forth specified requirements with respect to the referendum and congressional procedures for consideration of legislation. Makes funds available for the referendum.
United States · United States Congress · 5 March 1996
Security and Freedom Through Encryption (SAFE) Act - Amends the Federal criminal code to permit any person within any State, and any U.S. person in a foreign country, to use any encryption regardless of the encryption algorithm selected, encryption key length chosen, or implementation technique or medium used, with an exception for the unlawful use of encryption in furtherance of a criminal act. Allows any person within any State to sell in interstate commerce any encryption. Specifies that no person in lawful possession of a key to encrypted information may be required by Federal or State law to relinquish to another person control of that key, with an exception for access for law enforcement purposes. Sets penalties for the willful use of encryption in furtherance of the commission of a criminal offense. (Sec. 3) Amends the Export Administration Act of 1979 to grant the Secretary of Commerce exclusive authority to control exports of all hardware, software, and technology for information security (including encryption), except that which is specifically designed or modified for military use. Prohibits requiring any validated license (with limited exceptions pursuant to the Trading With The Enemy Act or the International Emergency Economic Powers Act) for the export or reexport of any: (1) software, including software with encryption capabilities that is generally available as is and that is designed for installation by the purchaser, or that is in the public domain for which copyright or other protection is not available or is available to the public because it is generally accessible to the public in any form; or (2) computing device solely because it incorporates or employs in any form software (including software with encryption capabilities) exempted from any requirement for a validated license under this section. Directs the Secretary to authorize the export or reexport of: (1) software with encryption capabilities for nonmilitary end-uses in any country to which exports of software of similar capability are permitted for use by financial institutions not controlled in fact by U.S. persons, unless there is substantial evidence that such software will be diverted to a military end-use or an end-use supporting international terrorism, modified for military or terrorist end-use, or reexported without any U.S. authorization that may be required under the Act; and (2) computer hardware with encryption capabilities if the Secretary determines that a product offering comparable security is commercially available outside the United States from a foreign supplier without effective restrictions.
United States · United States Congress · 5 March 1996
Amends Federal provisions concerning the Civilian Health and Medical Program of the Uniformed Services (CHAMPUS) to direct the Secretary of Defense to enter into an agreement with the Office of Personnel Management (OPM) under which covered CHAMPUS beneficiaries who are also entitled to hospital insurance benefits under Part A of title XVIII (Medicare) of the Social Security Act will be permitted to enroll in a health benefits plan offered through the Federal Employees Health Benefits program in lieu of receiving care under CHAMPUS or the TRICARE program. Outlines provisions concerning: (1) required contributions for such coverage; and (2) the management of participants in the plan. Requires the Secretary and the OPM Director to report annually to the Congress describing the provision of health care services to covered beneficiaries under the plan during the preceding fiscal year.
United States · United States Congress · 1 February 1996
Antitrust Health Care Advancement Act of 1996 - Provides that the following activities shall not be deemed illegal per se in any action under the Federal antitrust laws or similar State law, but shall be judged based on reasonableness: (1) the exchange of information relating to costs, sales, profitability, marketing, prices, or fees of any health care service health care providers solely for, and reasonably required for, establishing a health care provider network (HCPN); (2) the conduct of an HCPN in negotiating, making, or performing a contract for providing health care services to individuals under the terms of a health benefit plan; and (3) the conduct of any HCPN member for the purpose of providing such services under such contract. Directs the Attorney General and the Federal Trade Commission to jointly issue guidelines specifying the enforcement policies and analytical principles that will be applied by the Department of Justice and the Commission with respect to the operation of this Act.
United States · United States Congress · 1 February 1996
Social Security Preservation Act of 1996 - Amends title II (Old Age, Survivors and Disability Insurance) (OASDI) of the Social Security Act to require the Managing Trustee of the Board of Trustees of the Federal Old-Age and Survivors Insurance Trust Fund and the Federal Disability Insurance Trust Fund (trust funds) to ensure that the annual surplus of the trust funds is invested in: (1) marketable interest-bearing obligations of the United States or obligations guaranteed by the United States; or (2) certificates of deposit in insured depository institutions. Outlines provisions for determining the annual surplus of the trust funds. Prohibits disinvestment of trust fund amounts from public debt obligations, any refraining from making such investments, or any delay in making normal deposits in such trust funds for public debt limit-related purposes. Authorizes the sale of trust fund public debt obligations for the payment of cash benefits and administrative expenses, with conditions, including notification to each House of Congress and the Comptroller General at least three days in advance of such sale.
United States · United States Congress · 1 February 1996
Constitutional Amendment - Requires a two-thirds vote of each House of the Congress in order to pass any bill levying a new tax or increasing the rate or base of any tax. Allows the Congress to waive that requirement during war or certain military conflict. Requires all votes under this Amendment to be by yeas and nays and the names of persons voting for and against to be entered in the Journal of each House.
United States · United States Congress · 1 February 1996
Calls upon: (1) the Government of the Russian Federation to adhere to the provisions of the troop withdrawal agreement signed on October 21, 1994 (according to which Russia would withdraw its military forces from Moldova within three years); (2) all of Moldova's neighboring countries to recognize the sovereignty and territorial integrity of Moldova; (3) the Organization for Security and Cooperation in Europe to continue efforts in resolving differences between the Moldovan Government and the authorities of the Transdniestria region (and welcomes the offer by the Ukrainian Government to assist in such efforts); and (4) the Secretary of State to secure removal of Russian forces from Moldova. Welcomes recent statements by the Administration supporting Moldova's territorial integrity.
United States · United States Congress · 31 January 1996
Small Business Investment and Growth Act - Amends the Internal Revenue Code to establish a maximum small business tax rate on taxable small business income for S corporations. Describes such income as taxable income of the taxpayer from the active conduct of an eligible trade or small business. Requires each S corporation to establish a qualified retained earnings account. Allows qualified distributions from such a qualified retained earnings account to the owners to enable the S corporation shareholder to pay income taxes. Requires regulations to establish a presumption that distributions are to pay income taxes if such distributions do not exceed 34 percent of small business income. Provides for an additional tax on nonqualified distributions.
United States · United States Congress · 31 January 1996
Expresses the sense of the Congress that: (1) any attempt by the People's Republic of China (PRC) to threaten the peace and stability of the Republic of China (ROC) is a threat to peace and security in the Pacific and a matter of grave concern to the United States; and (2) the President should take specified steps, including embracing the full accession to democratic status by the people of the ROC upon the successful completion of their presidential election, undertaking intensified diplomatic initiatives to insist that the PRC reduce tensions with the ROC, joining the Congress in condemning the use by the PRC of military intimidation and implicit threats of missile attacks against Taiwan, reviewing the defense needs of the ROC, and reporting to the Congress on such initiatives, on how to accommodate Taiwan's aspiration for participation in international organizations, and on options available to provide the people of Taiwan and U.S. forces in the east Asian region adequate warning and defense capabilities against ballistic missiles of, and naval blockades and other forms of military aggression by, the PRC.
United States · United States Congress · 31 January 1996
Declares that any attempt by the People's Republic of China (PRC) to threaten the peace and security of Taiwan is a threat to peace and security in the Pacific and tantamount to a threat to U.S. interests. Calls upon the President to review the defense needs of Taiwan and to take appropriate actions based on such review. Affirms the right of the people of Taiwan to determine the future status of Taiwan without any interference from the PRC.
United States · United States Congress · 25 January 1996
National Motor Vehicle Safety, Anti-Theft, Title Reform, and Consumer Protection Act of 1995 - Amends Federal transportation law to require States, in licensing a passenger motor vehicle whose ownership has been transferred, to disclose on the certificate of title whenever records indicate that such vehicle was previously issued a title that contained a word or symbol signifying that it was "salvage," "unrebuildable," "parts only," "scrap," "junk," "nonrepairable," "reconstructed," "rebuilt," or that it has been damaged by flood. Directs the Secretary of Transportation to issue regulations requiring each State in licensing such vehicles to apply uniform standards, procedures, and methods for the issuance and control of motor vehicle titles and for information to be contained on such titles. Authorizes States to use Federal highway safety funds to defray the costs of establishing new procedures to comply with such requirements. Makes it unlawful for any person knowingly and willfully to: (1) make false statements on an application for a motor vehicle title; (2) fail to apply for a salvage title when such application is required; (3) alter, forge, or counterfeit a certificate of title, a nonrepairable vehicle certificate, a certificate verifying an anti-theft inspection or an anti-theft and safety inspection, or a required decal affixed to a passenger motor vehicle; (4) falsify the results of an inspection; (5) offer to sell any salvage vehicle or nonrepairable vehicle as a rebuilt salvage vehicle; or (6) conspire to commit any of the above acts. Sets forth civil and criminal penalties for violations of this Act. Amends the Tariff Act of 1930 to prohibit customs officers from allowing the export of self-propelled vehicles from the United States by transport (current law permits the export of used self-propelled vehicles provided ownership information is given), unless the exporter presents proof of ownership to such officer. Sets forth a civil penalty for violations of this requirement.
United States · United States Congress · 25 January 1996
Travelgate Victims Restitution Act - Provides for payment of the legal defense expenses incurred by the seven individuals who were terminated from employment with the White House Travel Office on May 19, 1993, in connection with any investigation of the operations of the Office out of funds appropriated before this Act's enactment for use by the Executive Office of the President.
United States · United States Congress · 25 January 1996
Expresses the disapproval of the House of Representatives of the standards proposed by the National Center for History in the Schools for the teaching of U.S. and world history.
United States · United States Congress · 25 January 1996
Condemns the court-martial of Specialist Michael New of the United States Army in response to his refusal to accept United Nations (UN) commanders and wear the UN insignia on his military uniform. Calls on the President, as Commander in Chief of the Armed Forces, to override New's conviction and restore his status with a place of honor in the Army.
United States · United States Congress · 25 January 1996
Calls for: (1) the Government of Turkey to release all political prisoners, lift restrictions on free expression, declare a ceasefire and work towards peace, and take specified steps to further reduce the potential for future confrontation; (2) the President to encourage such Government to initiate steps to end the armed confrontation in Turkey and to support the provision of technical assistance to carry out this Act; (3) the Kurdistan Workers Party to declare a ceasefire and restate support for resolution of the conflict through democratic means and within the framework of the territorial unity of Turkey; and (4) the International Committee of the Red Cross and other appropriate humanitarian and monitoring organizations, upon cessation of hostilities, to be given access to southeastern Turkey.
United States · United States Congress · 23 January 1996
Prohibition on United Nations Taxation Act of 1996 - Prohibits the U.S. from paying any voluntary or assessed contributions to the United Nations (U.N.) or any of its agencies if the U.N.: (1) attempts to impose a tax on any U.S. person; or (2) borrow funds from the International Bank for Reconstruction and Development (World Bank), International Monetary Fund, or any other similar or regional international financial institution. Prohibits the U.S. from paying any voluntary or assessed contributions to the U.N. or any of its agencies, including the U.N. Development Program, unless the President certifies to the Congress 15 days in advance of such payment that the U.N. or such agency is not engaged in any effort to develop or promote any taxation proposals in order to raise revenue for the U.N. or any such agency.
United States · United States Congress · 14 December 1995
Provides that any individual who performs Operation Joint Endeavor services (United Nations-sponsored peacekeeping activities in Bosnia and Herzegovina) shall be entitled to the same tax benefits under specified provisions of the Internal Revenue Code that are provided to U.S. military personnel who perform service in an area designated by the President as a combat zone. Makes this Act effective for periods beginning on or after December 4, 1995.
United States · United States Congress · 12 December 1995
Senior Citizens' Access to Health Care Act of 1995 - Amends title XVIII (Medicare) of the Social Security Act to require health maintenance organizations participating in the Medicare Program to offer coverage for out-of-network services to Medicare beneficiaries enrolled with such organizations.
United States · United States Congress · 6 December 1995
Congressional Responsibility Act of 1995 - Prohibits a regulation from taking effect before the enactment of a bill comprised solely of the text of the regulation. Requires an agency, whenever it promulgates a regulation, to submit to each House of the Congress a report containing its text and an explanation. Sets forth expedited congressional procedures for consideration of agency regulations.
United States · United States Congress · 29 November 1995
Senior Citizens' Right to Work Act of 1995 - Amends title II (Old-Age, Survivors and Disability Insurance) (OASDI) of the Social Security Act to provide, through adjustments in the monthly exempt amount, for increases in the amounts of allowable earnings under the Social Security earnings limit for individuals who have attained retirement age. Retains the current limit on substantial gainful activity earnings applicable to individuals under age 65 who are eligible for disability benefits based on blindness. (Sec. 3) Establishes a Continuing Disability Review Administration Revolving Account for OASDI disability benefits in the Federal Disability Insurance Trust Fund. Directs the Chief Actuary of the Social Security Administration (SSA) to estimate annually the present value of savings to the Federal Old-Age and Survivors Insurance Trust Fund, the Federal Disability Insurance Trust Fund, the Federal Hospital Insurance Trust Fund, and the Federal Supplementary Medical Insurance Trust Fund which will accrue for all years as a result of cessation of benefit payments resulting from continuing disability reviews carried out pursuant to specified requirements during the fiscal year. Directs the Managing Trustee to: (1) transfer to the Account from amounts otherwise in the Trust Fund an amount equal to the estimated savings certified by the Chief Actuary; and (2) make available to the Commissioner of Social Security from funds in the Account an amount certified by the Chief Actuary as currently required to meet expenditures necessary to provide for required continuing disability reviews (including expenditures for the cost of staffing, training, purchase of medical and other evidence, and processing related to appeals and overpayments and related indirect costs). Includes under required information in a specified annual report a final accounting of amounts transferred to the Continuing Disability Review Administration Revolving Account in the Federal Disability Insurance Trust Fund during the year, the amount made available from such Account during such year pursuant to certifications made by the Chief Actuary of the SSA and expenditures made by the Commissioner of Social Security for the specified purposes during the year, including a comparison of the number of continuing disability reviews conducted during the year with the estimated number of continuing disability reviews upon which the estimate of such expenditures was made. Terminates the Continuing Disability Review Administration Revolving Account at the end of FY 2002, and provides that any balance in such Account shall revert to funds otherwise available in the Federal Disability Insurance Trust Fund. Provides for appointment by the Commissioner of a Chief Actuary in the SSA. (Sec. 4) Bases entitlement of stepchildren to child's insurance benefits solely on their actual dependency on stepparent support. Repeals the requirement that the stepchild actually be living with the stepparent. Requires termination of any child's insurance benefits based on the wages and self-employment income of the stepparent six months after the Commissioner is formally notified of the natural parent's divorce from the stepparent. (Sec. 5) Extends the length of time required for recomputation of benefits after normal retirement age. (Sec. 6) Eliminates the role of the SSA in processing attorney's fees. Prohibits any person, agent, or attorney from charging in excess of $4,000 (or, if the Commissioner approves, a higher fee) for services performed in connection with any claim before the Commissioner. Directs a court, in determining a reasonable fee, to take into consideration the amount of the fee, if any, that an attorney may charge the claimant for services (eliminating the current limitation of such fee to 25 percent of the total past-due benefits to which a judgment entitles the claimant). (Sec. 7) Provides that an individual shall not be considered to be disabled for OASDI purposes, or for supplemental security income (SSI) purposes under title XVI of the Act (thus denying them benefits), if alcoholism or drug addiction would be a contributing factor material to the determination of disability. (Continues disability benefits based on a separate disabling condition to individuals also disabled by drug addiction or alcoholism.) Requires the payment of OASDI or SSI benefits based on disability to a representative payee if such payment would serve the interest of an individual who also has an alcoholism or drug addiction condition that prevents the individual from managing such benefits. Requires the Commissioner to refer such individual to the appropriate State agency administering the approved State plan for substance abuse treatment services. Appropriates additional specified amounts to supplement State and Tribal alcohol and substance abuse treatment programs funded under the Public Health Service Act. Requires State or Tribal governments receiving such an allotment to consider as priorities activities relating to the treatment of the abuse of alcohol and other drugs. (Sec. 8) Permits members of the clergy to file to revoke their exemption from social security tax coverage under the Internal Revenue Code.
United States · United States Congress · 28 November 1995
Constitutional Amendment - Declares that: (1) to secure the people's right to acknowledge God according to their conscience, nothing in the Constitution shall prohibit acknowledgement of the religious heritage, beliefs, or traditions of the people or prohibit student-sponsored prayer in public schools; and (2) neither the United States nor any State shall compose any official prayer, compel joining in prayer, or discriminate against religious expression or belief.
United States · United States Congress · 20 November 1995
Senior Citizens' Right to Work Act of 1995 - Amends title II (Old-Age, Survivors and Disability Insurance) of the Social Security Act to provide, through adjustments in the monthly exempt amount, for increases in the amounts of allowable earnings under the Social Security earnings limit for individuals who have attained retirement age.
United States · United States Congress · 18 November 1995
Amends Federal armed forces provisions to provide that: (1) the special rule concerning annual cost-of-living adjustments to retired military pay for individuals who first became members of a uniformed service before August 1, 1986, shall apply only through FY 1996 (currently, FY 1998); and (2) the initial month that such increase is payable shall be March (currently, September) of the year following the effective date of such increase.
United States · United States Congress · 17 November 1995
Authorizes the Speaker of the House of Representatives and the President pro tempore of the Senate to present, on behalf of the Congress, a gold medal to Billy and Ruth Graham in recognition of their outstanding and enduring contributions toward faith, morality, and charity. Authorizes the Secretary of the Treasury to strike and sell bronze duplicates of such medal. Directs the Secretary to transfer from the Numismatic Public Enterprise Fund to the Library of Congress the amount by which the sum of any gifts and donations received by the Secretary to carry out this Act and any proceeds from the sale of bronze duplicates exceeds the total amount of the costs incurred by the Secretary in carrying out this Act.
United States · United States Congress · 16 November 1995
Lake Gaston Protection Act of 1995 - Amends the Federal Water Pollution Control Act to prohibit the Federal Energy Regulatory Commission from granting a license, license amendment, or permit (license) for an activity that will result directly or indirectly in the withdrawal by a State or political subdivision of water from a lake, reservoir, or similar body of water (lake) that is situated in two States unless the Governor of the State in which more than half of the lake is situated certifies that the withdrawal will not adversely affect the environment in, or the economy of, that State. Makes an exception regarding an application for a license for an activity that will occur or affect waters located within a river basin that is subject to an interstate compact, a decree of the Supreme Court, or an Act of Congress that specifically allocates the rights to use such water. Specifies that this Act shall apply to any application made on or after January 1, 1991, unless the application has been granted and is no longer subject to judicial review.
United States · United States Congress · 16 November 1995
NAFTA Accountability Act - Requires assessment of the impact of the North American Free Trade Agreement (NAFTA), further negotiation of certain NAFTA provisions, and withdrawal from NAFTA unless specified conditions are met and certified to. Sets forth conditions for continuing U.S. participation in NAFTA, which must be met before the end of 1996. Requires the President to renegotiate the terms of NAFTA to correct trade deficits, currency distortions, and agricultural provisions in specified ways. Requires certifications by certain U.S. officials with respect to NAFTA, relating to: (1) gains in U.S. jobs and living standards (by the Secretary of Labor); (2) increased U.S. domestic manufacturing (by the Secretary of Commerce); (3) health and environmental standards, with respect to food imports and to U.S.-Mexico border areas (by the Secretary of Agriculture, the Administrator of the Food and Drug Administration, and the Administrator of the Environmental Protection Agency); (4) flow of illegal drugs from Mexico and Canada (by the Attorney General); and (5) Mexican democracy and human freedoms (by the President). Directs the President to consult regularly with the Congress regarding such negotiations. Directs the U.S. Trade Representative to consult with appropriate congressional committees in developing technical and conforming amendments that may be required to carry out this Act. Expresses the sense of the Congress that until the conditions set by this Act are met: (1) the President should not engage in negotiations to expand NAFTA to include other countries; and (2) fast-track authority should not be renewed with respect to the approval of any such NAFTA expansion.
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 · 9 November 1995
Prohibits the obligation or expenditure of funds appropriated or otherwise made available to the Department of Defense for the ground deployment of U.S. forces in Bosnia and Herzegovina as part of any peacekeeping operation or implementation force, unless funds for such deployment have been specifically appropriated by a law enacted after the date of enactment of this Act.
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 · 26 October 1995
Prohibits any member of the armed forces from being required to wear any uniform item or insignia which indicates an allegiance to or affiliation with the United Nations.
United States · United States Congress · 26 October 1995
Prohibits the obligation or expenditure of funds appropriated or otherwise made available to the Department of Defense for the ground deployment of U.S. forces in Bosnia and Herzegovina as part of any peacekeeping operation or implementation force, unless the deployment is specifically authorized by a law enacted after the date of enactment of this Act.
United States · United States Congress · 25 October 1995
Amends the Fair Labor Standards Act of 1938 to exempt from minimum wage and overtime compensation provisions employees of nonprofit institutions who: (1) are employed to serve as houseparents for abused, neglected, delinquent, homeless, or emotionally impaired children residing at facilities of such institutions; (2) reside with such children at such facilities for at least 72 hours a week; (3) receive free board and lodging from such enterprises; and (4) are compensated at an annual rate of at least $8,000.
United States · United States Congress · 25 October 1995
United Nations Withdrawal Act of 1995 - Repeals: (1) the United Nations Participation Act of 1945; (2) the United Nations Headquarters Agreement Act; and (3) the United Nations Educational, Scientific, and Cultural Organization Act. (Sec. 2) Requires closure of the United States Mission to the United Nations (UN). Requires the Secretary of State to notify the UN of U.S. withdrawal from it. (Sec. 4) Limits the total amount appropriated for each of the four fiscal years following enactment of this Act for the U.S. assessed or voluntary contribution to the United Nations to the total amount appropriated for the previous fiscal year reduced by 25 percent. Prohibits, after the fourth such fiscal year, the appropriation of funds for such U.S. contribution. (Sec. 5) Directs the President, by and with the advice and consent of the Senate, to appoint a special envoy to represent the United States in all matters concerning it and the International Atomic Energy Agency and the Nuclear Non-Proliferation Treaty. (Sec. 6) Limits the total amount appropriated for each of the four fiscal years following enactment of this Act for the U.S. assessed or voluntary contribution for peacekeeping operations of the UN to no more than the amount appropriated for such activities for FY 1995. Prohibits, after the fourth such fiscal year, the appropriation of funds for such activities. (Sec. 7) Requires the Secretary to notify the UN of the U.S. withdrawal from membership in the United Nations Educational, Scientific, and Cultural Organization. (Sec. 8) Expresses the sense of the Congress that the United States should request the withdrawal of the U.N. headquarters and its affiliated missions from the United States.
United States · United States Congress · 24 October 1995
Charitable Gift Annuity Antitrust Relief Act of 1995 - Declares that it shall not be unlawful under any Federal antitrust law, or a similar State law, for two or more persons that are exempt (as a corporation or community chest, fund, or foundation, organized and operated exclusively for religious, charitable, scientific, educational, or other specified purposes) from taxation under the Internal Revenue Code to use, or agree to use, the same annuity rate for the purpose of issuing one or more charitable gift annuities, except where expressly provided otherwise by a State law enacted within three years after enactment of this Act.
United States · United States Congress · 24 October 1995
Philanthropy Protection Act of 1995 - Exempts from the jurisdiction of the Investment Company Act of 1940, the Securities Act of 1933, the Securities Exchange Act of 1934, and the Investment Advisers Act of 1940 any security issued by or any interest or participation in any pooled income fund, collective trust fund, collective investment fund, or similar fund maintained by a charitable organization exclusively for the collective investment and reinvestment of certain assets. Includes among such assets those of: (1) a charitable remainder trust or of any other trust the remainder interests of which are irrevocably dedicated to any charitable organization; or (2) a trust the remainder interests of which are revocably dedicated to a charitable organization, subject to specified conditions. Deems such a charitable income fund, in specified circumstances, not to be an investment company under the Investment Company Act of 1940. Amends the Investment Company Act of 1940 to set forth disclosure requirements for exempt charitable organizations. Amends the Securities Exchange Act of 1934 to require solicitors of funds for such exempt charitable organizations to be volunteers or to be engaged in overall fund-raising activities of the organization but receiving no commission or other special compensation based on the amount of donations collected. Exempts such charitable organizations from State regulation in general, and such securities from State registration or qualification requirements in particular. Permits a State to enact a statute that specifically refers to this Act and provides prospectively that this Act does not preempt the laws of such State.
United States · United States Congress · 19 October 1995
Animal Drug Availability Act of 1995 - Amends Federal Food, Drug, and Cosmetic Act provisions relating to new animal drugs to redefine "substantial evidence" to mean evidence from one or more scientifically sound studies including, as appropriate, in vitro studies, studies in laboratory animals, bioequivalence studies, and any studies voluntarily undertaken by or for the applicant that provide some assurance that the drug will have the intended effect. Excludes a claim for the use of a drug in a minor species or a minor use of a drug from disapproval, if there is an application filed for the drug which is approved prior to the submission of the claim. Allows consideration, when a new animal drug contains more than one active ingredient or its labeling suggests use of the drug in combination with another animal drug, only of whether any of the active ingredients or any of the drugs in the combination, at the longest withdrawal time of any of the active ingredients or drugs in the combination, exceeds its established tolerance or interferes with the methods of analysis for another of the active ingredients or drugs in the combination. Requires the Secretary to issue proposed regulations implementing the provisions of this section which: (1) further define "substantial evidence;" (2) take into account the proposals contained in the citizen petition submitted by the American Veterinary Association and the Animal Health Institute; and (3) provide for the opportunity for a conference to make a decision establishing a submission or an investigational requirement. (Sec. 4) Requires the Secretary to approve or disapprove the application within 90 (currently 180) days of receipt of the application. (Sec. 5) Requires: (1) the Secretary to refer disputed issues received in writing from an applicant to an advisory committee or to a special Government employee; and (2) the committee or employee to submit a report containing recommendations regarding the matter. (Sec. 6) Requires the Secretary to refuse approval of an application if information submitted with respect to the drug indicates that any use suggested in labeling proposed for that drug will result in a unsafe amount of residue. (Sec. 7) Permits the export of an unsafe (as defined in the Act) new animal drug, if it is not in conflict with the laws of the country to which it is exported. (Currently, such export is prohibited.)
United States · United States Congress · 19 October 1995
Amends Federal employment provisions to provide veterans' hiring preference status to members of the armed forces who served on active duty in connection with Operations Desert Shield or Desert Storm, whether or not such service took place in the Persian Gulf theater of operations.
United States · United States Congress · 18 October 1995
Amends the National Labor Relations Act to provide that an employer is not required to allow access to its business property to employees or nonemployees for purposes of union organizing, solicitation, distribution, picketing, or other union advocacy or activities, even if the employer allows such access to organizations for charitable, civic, or religious purposes.
United States · United States Congress · 17 October 1995
Defend America Act of 1995 - Directs the President to give notice to the Russian Federation of the U.S. intention to withdraw from the Anti-Ballistic Missile Treaty, as permitted under Treaty articles. Directs the Secretary of Defense to conduct at least one of the following: (1) a test of an anti-ballistic missile interceptor that is based in space; (2) a test of a sensor in space capable of providing data directly to an anti-ballistic missile interceptor; or (3) a test of an existing air defense system, theater missile defense system, or early warning system to demonstrate its capability to counter strategic ballistic missiles or their elements in flight trajectory. Provides test funding from funds currently available to the Ballistic Missile Defense Organization.
United States · United States Congress · 11 October 1995
Second Amendment Reaffirmation Act of 1995 - Repeals: (1) the Brady Handgun Violence Prevention Act; and (2) the Assault Weapon Manufacturing Strict Liability Act of 1990 (D.C. Act 8-289). Amends the Firearms Owners' Protection Act (the Act) to: (1) provide that, where discontinuance of a firearms or ammunition business is to be absolute, the records required to be kept shall be delivered within 30 days after such discontinuance to another Federal firearms licensee; and (2) make provisions regarding the award of attorney's fees to the prevailing party, including when the court finds that the action was without foundation or initiated in bad faith, applicable to certain actions and proceedings under Internal Revenue Code (IRC) provisions concerning excise taxes for machine guns, destructive devices, and certain other firearms, including a proceeding before an administrative law judge. Authorizes: (1) any person aggrieved by the violation of a civil or constitutional right in connection with the lawful possession or use of a firearm by the U.S. Government, any official or employee thereof, or the government of any State or subdivision or official or employee thereof to bring an action for actual and punitive damages in the Federal district court in which such person resides or transacts business; and (2) the court to award a prevailing plaintiff, other than the Government, reasonable attorneys' fees and costs. Bars: (1) the application of any legal provision or any State or local statute enacted to regulate the level of any pollutant from being applied to the sale, transportation, possession, importation, or use of any firearm or ammunition; and (2) any officer or employee of the Bureau of Alcohol, Tobacco, and Firearms (BATF) from undertaking any investigation of a single individual, organization, or business which will reasonably require expenditures in excess of $4,000, or any investigation in consultation or cooperation with the Internal Revenue Service, without prior written approval by the Deputy Secretary of the Treasury. Sets penalties for violations. Prohibits any U.S. officer, agent, or employee from listing, recording, copying, or computerizing the names of firearm owners (other than those required to be maintained under the IRC), transferring information concerning the identities of firearms owners to a facility owned, managed, or controlled by the United States or any State or political subdivision thereof, or participating in the establishment of any system of registration of firearms, firearms owners, or firearms transactions or dispositions. Requires that any such list, record, copy, computerization, facility, or system that would have violated this Act had it been created or expanded following the effective date of this Act be destroyed. Creates a cause of action for persons aggrieved by the violation of any civil or constitutional right in connection with a violation of the Act by the Government for actual and punitive damages, including the award of reasonable attorney's fees and costs to a prevailing plaintiff other than the Federal, a State, or local government.
United States · United States Congress · 11 October 1995
Iran Foreign Oil Sanctions Act of 1995 - Directs the President to impose certain twelve-month economic sanctions against foreign persons who, with requisite knowledge, export goods or technology that would contribute to Iran's ability to extract, refine, produce, store, or transport petroleum or natural gas products. Waives the requirements of this Act if the President certifies to the appropriate congressional committees that Iran has: (1) substantially improved its adherence to internationally recognized standards of human rights; (2) ceased its efforts to develop or acquire a nuclear explosive device, chemical or biological weapons, or missiles or related delivery systems; and (3) ceased support for acts of international terrorism. Sets forth additional criteria for such a waiver. Directs the President to establish a List of Petroleum and Natural Gas-Related Goods and Technology which shall be subject to the export control restrictions of this Act. Requires the President to report periodically to the appropriate congressional committees on Iran's: (1) nuclear and other military capabilities; and (2) support, if any, for acts of international terrorism.
United States · United States Congress · 29 September 1995
Self-Employed Health Fairness Act of 1995 - Amends the Internal Revenue Code to increase the deduction allowed for health insurance costs for self-employed individuals from 30 to 100 percent.
United States · United States Congress · 25 September 1995
Second Amendment Reaffirmation Act of 1995 - Repeals: (1) the Brady Handgun Violence Prevention Act; and (2) the Assault Weapon Manufacturing Strict Liability Act of 1990 (D.C. Act 8-289). Amends the Firearms Owners' Protection Act (the Act) to: (1) provide that, where discontinuance of a firearms or ammunition business is to be absolute, the records required to be kept shall be delivered within 30 days after such discontinuance to another Federal firearms licensee; and (2) make provisions regarding the award of attorney's fees to the prevailing party, including when the court finds that the action was without foundation or initiated in bad faith, applicable to certain actions and proceedings under Internal Revenue Code (IRC) provisions concerning excise taxes for machine guns, destructive devices, and certain other firearms, including a proceeding before an administrative law judge. Authorizes: (1) any person aggrieved by the violation of a civil or constitutional right in connection with the lawful possession or use of a firearm by the U.S. Government, any official or employee thereof, or the government of any State or subdivision or official or employee thereof to bring an action for actual and punitive damages in the Federal district court in which such person resides or transacts business; and (2) the court to award a prevailing plaintiff, other than the Government, reasonable attorneys' fees and costs. Bars: (1) the application of any legal provision or any State or local statute enacted to regulate the level of any pollutant from being applied to the sale, transportation, possession, importation, or use of any firearm or ammunition; and (2) any officer or employee of the Bureau of Alcohol, Tobacco, and Firearms (BATF) from undertaking any investigation of a single individual, organization, or business which will reasonably require expenditures in excess of $4,000, or any investigation in consultation or cooperation with the Internal Revenue Service, without prior written approval by the Deputy Secretary of the Treasury. Sets penalties for violations. Prohibits any U.S. officer, agent, or employee from listing, recording, copying, or computerizing the names of firearm owners (other than those required to be maintained under the IRC), transferring information concerning the identities of firearms owners to a facility owned, managed, or controlled by the United States or any State or political subdivision thereof, or participating in the establishment of any system of registration of firearms, firearms owners, or firearms transactions or dispositions. Requires that any such list, record, copy, computerization, facility, or system that would have violated this Act had it been created or expanded following the effective date of this Act be destroyed. Creates a cause of action for persons aggrieved by the violation of any civil or constitutional right in connection with a violation of the Act by the Government for actual and punitive damages, including the award of reasonable attorney's fees and costs to a prevailing plaintiff other than the Government.
United States · United States Congress · 21 September 1995
Compensatory Time for All Workers Act of 1995 - Amends the Fair Labor Standards Act of 1938 to provide compensatory time for all employees. Allows an employee to receive, in lieu of monetary overtime compensation, compensatory time off at a rate not less than one and one-half hours for each hour of employment for which overtime compensation is required under the Act. Limits to not more than 240 hours the amount of compensatory time an employee may accrue (with specified exceptions for public agency employees). Requires payment of overtime compensation for: (1) compensatory time accrued but not used in a calendar year or other designated 12-month period; and (2) unused compensatory time upon termination of employment. Requires employers to permit employees to use compensatory time within a reasonable period after employees request its use if such use does not unduly disrupt employers' operations.
United States · United States Congress · 19 September 1995
Endangered Species Recovery and Conservation Incentive Act of 1995 - Requires the Secretary of the Interior, within two years after the listing of an animal or plant as endangered under this Act, to develop a plan for the conservation or recovery of the endangered species, or upon finding that such a plan will not promote the conservation or recovery of such species, to develop a conservation or recovery statement. Requires the Secretary: (1) in developing and implementing the plans, to give priority to those endangered species that are most likely to benefit; and to those endangered species that are more genetically complex, taxonomically unique or ecologically, medicinally, or economically valuable; and (2) to give priority to the latter with respect to developing statements. Requires each such plan or statement to include: (1) site-specific conservation or recovery actions; (2) criteria for removal from the endangered species list; (3) time estimates for carrying out measures; (4) species population goals and current population estimates; (5) social and economic benefits of species conservation; and (6) a description and the status of animals of the same species or sub-genus. Sets forth provisions regarding: (1) procedures for making the draft of a plan or statement available for public comment; (2) approval of the plan or statement; (3) public notification of such approval; (4) amendment of the plan; (5) outside assistance for the development of a plan or statement; and (6) applicability of the Federal Advisory Committee Act to recovery teams. Allows the Secretary, upon determining that it will contribute to the conservation or recovery of an endangered species, to provide scientific, technical, administrative, or financial assistance to private, State, or lesser government entities to: (1) establish voluntary agreements with non-Federal land owners for up to 25 years to improve, maintain, or create habitat for endangered species; (2) promote conservation through commerce by providing assistance to, entering into agreements with, or otherwise encouraging for-profit and not-for-profit companies, organizations, and individuals involved in such activities; (3) acquire property from willing sellers; and (4) take other nonregulatory conservation or recovery measures. Directs the Secretary to: (1) establish a system of awards and rewards for participation in voluntary and cooperative programs that further the conservation or recovery of endangered species; and (2) maintain a public database of information valuable to the conservation of endangered species. Authorizes the Secretary to enter into a cooperative agreement with any State that is designed to directly further the management of endangered species or their habitat and thereby promote the conservation or recovery of such endangered species through the provision of scientific, technical, or managerial assistance or through the provision of contracts. Allows the Secretary to provide scientific, technical, or administrative assistance to other Federal agencies to promote the conservation or recovery of endangered species. Requires the Secretary to: (1) assess whether major Federal projects will directly and significantly reduce the likelihood that an endangered species may be conserved or recovered; and (2) transmit such findings to the Federal agencies conducting the projects and to the Congress. Defines, for purposes of this Act, "major Federal project" to mean any individual Federal undertaking, permit, or license directly resulting in a Federal expenditure of more than $2 million. Authorizes the Secretary to bring an action to enjoin any activity which the Secretary can reasonably demonstrate to destroy an endangered species or its habitat and to bring one additional action to enjoin such activity if attempts, during the injunction, to negotiate a voluntary conservation agreement with the property owner are unsuccessful. Sets forth provisions governing: (1) limitations on such injunctions; (2) orders to enter a property to capture or collect and remove endangered species that otherwise face imminent damage or destruction; (3) U.S. liability for all damages and losses incurred by a property owner resulting from such entry; (4) acquisition of property pursuant to this Act; and (5) a requirement for the Secretary to monitor the success of voluntary agreements and other voluntary efforts under this Act in conserving and recovering endangered species. (Sec. 5) Requires the Secretary to determine whether any animal or plant is endangered based on: (1) the present or imminent destruction, adverse modification, or curtailment of a significant portion of its habitat or range; (2) disease or predation; (3) an extremely limited range or population; (4) other adequate and verifiable scientifically valid data indicating natural or manmade factors adversely affecting the species' continued existence. Allows the Secretary of Commerce to recommend to the Secretary of the Interior that an animal or plant is endangered and that it should be enumerated in, or removed from, the list of endangered species published under this Act. Requires such action to be implemented if the Secretary of the Interior concurs. Prohibits inclusion of an animal or plant in such list or its removal from the list without a prior favorable determination made by the Secretary of Commerce. Sets forth provisions regarding: (1) the procedures and requirements for determining whether an animal or plant should be included in, or removed from, the list; (2) an emergency listing of animals or plants determined to be in danger of imminent extinction; (3) the effectiveness of such determination for up to one year; (4) a one time renewal of such emergency listing; (5) termination of the effectiveness of such emergency determination after the date of its publication in the Federal Register; and (6) the establishment of an emergency listing. Requires the Secretary of the Interior, within one year of determining that an animal or plant is endangered, to determine whether recovery is a feasible goal for the endangered species and to publish such determination and the basis for it in the Federal Register. Requires the Secretary to publish in the Federal Register and make available to the public through electronic means a list of every animal and plant for which there is in effect a determination by the Secretary or the Secretary of Commerce that the animal or plant is endangered. Sets forth provisions regarding: (1) petitions for judicial review by persons who may be directly and substantially affected by actions taken or determination or finding pursuant to this Act; (2) court standards in reviewing such petitions; and (3) the definition of "substantial evidence" when applicable to any act or determination under this Act which is reviewable under the Administrative Procedure Act. Requires the Secretary to implement a system, in cooperation with the States, to monitor effectively for at least five years the status of all animals and plants which: (1) have recovered to the point at which the measures provided pursuant to this Act are no longer necessary; and (2) have been removed from the list. Requires the Secretary to report biennially to the President and to the Congress on efforts to conserve and recover endangered species. (Sec. 6) Sets forth civil or criminal penalties for: (1) directly and intentionally killing or physically injuring a member of any vertebrate species which is properly included in the list, except that uses of endangered species such as hunting, fishing, captive propagation, and harvesting that contribute to the endangered animal's survival or conservation shall be allowed; (2) knowingly and intentionally violating an injunction or order issued pursuant to this Act; (3) in knowing violation of this Act, maliciously and in the pursuit of personal gain as a direct result thereof, intentionally killing or directly and intentionally physically injuring a member of a vertebrate species which is properly included in the published list or a member of an endangered species while trespassing on private property or while in a National Park or National Wildlife Refuge. Sets forth civil penalties for intentionally capturing, collecting, or trapping, and for directly and intentionally killing or directly and intentionally physically insuring, any listed vertebrate animal or plant on any property subject to the jurisdiction of the United States, while trespassing on private property, or while on federally owned lands within a National Park and National Wildlife Refuge. Sets forth provisions: (1) prohibiting penalties from being imposed upon a defendant, under certain conditions, who was acting to protect himself or herself or other individuals from bodily harm or to protect private property from significant damage; and (2) specifying as a defense against charges brought under this Act that the defendant had the owner's consent and the animal or plant was owned before the date of inclusion of its taxonomic unit on the list or that it was the progeny of such animal or plant or was otherwise lawfully acquired. Allows the Secretary to waive the violations in this Act to protect public health and safety or for national security or a national, regional, or local emergency. Directs the Secretary, under certain conditions, to permit persons or States to commit actions to contribute to furthering the conservation of an endangered species. (Sec. 7) Directs Federal departments and agencies to conserve or recover endangered species on Federal lands and, with the owner's consent, on State and private lands and to utilize their authorities in furtherance of the purposes of this Act. Requires Federal agencies to cooperate with State and local agencies to resolve water resource issues in concert with conservation or recovery of endangered animals and plants in a manner consistent with, and governed by, State water law. Prohibits water rights protected under State law from being injured or adversely affected in carrying out this Act without just compensation. Provides that this Act shall not be construed so as to modify the allocation of water among or between States pursuant to either interstate compacts or decisions of the United States Supreme Court. Requires the Secretary to make the following information available by electronic means such as Internet and to seek to make access to such information available at minimal cost and inconvenience to those seeking the information: (1) notices issued by the Secretary under this Act that would appear in the Federal Register or other forums of public notice; (2) recovery or conservation plans and statements; (3) the list; (4) the biennial report to the President and to the Congress; and (5) other materials received regarding or produced in implementing this Act. (Sec. 8) Establishes the Endangered Species Recovery Fund in the Treasury to be made available to the Secretary to carry out this Act. Provides that nothing in this Act authorizes the Secretary, except with respect to federally designated wilderness areas, to: (1) establish or impose any user or admission fees for lands for which such a fee is not in effect on this Act's enactment; (2) increase that portion of any user or admission fee which shall be directed to the Fund by more than one dollar; or (3) direct any more than that amount from such fee to the Fund. Requires the Secretary to establish and issue to individuals a Lifetime User Pass for a fee not to exceed $500 which shall permit such individual to enter National Parks, National Wildlife Refuges, National Recreation Areas, National Seashores, National Lakeshores, or National Monuments. Allows the Secretary to accept donations from the public to carry out this Act, with the exception of donations from persons having business with, or matters pending before, the Secretary's department. (Sec. 9) Sets forth provisions regarding: (1) a 100 percent property tax credit for private property or a portion thereof that is managed to promote the conservation or recovery of an endangered species by providing habitat which is used or occupied by an endangered species; and (2) a credit of up to 100 percent for expenditures for furthering the conservation or recovery of an endangered species pursuant to an agreement entered into with the Secretary under this Act. (Sec. 10) Authorizes the Secretary to undertake activities to further the conservation or recovery of endangered species by the collection, storing, and use of: (1) genetic materials, eggs, sperm, or tissue of endangered animals; and (2) genetic material, seeds, or tissue of endangered plants. (Sec. 11) Amends the Endangered Species Act (the Act) to define "harm" for purposes of such Act to mean an intentional and direct action that injures or kills any member of an endangered or threatened species of fish or wildlife other than as an unintended consequence of otherwise lawful activity. Prohibits an action permitting activity on private property from being subject to the requirements or procedures outlined in such Act. Prohibits the Secretary from taking actions under the Act to determine endangered and threatened species and to designate critical habitat. Sets forth provisions regarding: (1) inclusion of, or removal from, the list of species determined to be endangered or threatened pursuant to the Act; and (2) compensation to a owner of property whose use of any portion of that property has been limited by an action taken after this Act's enactment that diminishes the fair market value of such portion by 20 percent or more. Authorizes appropriations.
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 · 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
Prohibits the Secretary of Health and Human Services from: (1) regulating the sale or use of tobacco or tobacco products under the Federal Food, Drug, and Cosmetic Act; and (2) taking any similar action under the Federal Cigarette Labeling and Advertising Act or the Comprehensive Smokeless Tobacco Health Education Act of 1986 which was not authorized before enactment of this Act.
![Official portrait of Rep. Funderburk, David [R-NC-2]](https://www.congress.gov/img/member/f000426_200.jpg)