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 · 16 May 1995
TABLE OF CONTENTS: Title I: Findings and Purposes Title II: Reserve Component Structure Title III: Reserve Component Accessibility Title IV: Reserve Component Resources Title V: Reserve Forces Sustainment Reserve Forces Revitalization Act of 1995 - Title I: Findings and Purposes - States that the purpose of this Act is to revise statutory authorities governing the reserve components of the armed forces in order to recognize the realities of reserve component partnership in the Total Force and to better prepare the American citizen-soldier in peace for duties in war. Title II: Reserve Component Structure - Establishes within the appropriate military departments the Army, Naval, and Air Force Reserve Command, as well as the Marine Forces Reserve. Provides for a commander and deputy commander within each of the Commands and Reserve. Requires the Secretary of each military department (Commandant, with respect to the Marine Corps) to assign to the Command or Reserve all of their reserve forces (specified portions with respect to the Marine Corps). Requires an implementation report and schedule. Establishes in each military department an Office of Army, Naval, Marine Forces, and Air Force Reserve, as well as a Chief of each such Reserve. Outlines administrative provisions with respect to each such office, including terms of office, budgets, and a required annual report to the Congress. (Sec. 203) Requires the Vice Chief of the National Guard Bureau to serve in the grade of lieutenant general (currently, major general). (Sec. 204) Provides the grades of the commanders of the reserve personnel centers. (Sec. 205) Exempts from annual active-duty officer end strength limitations general officers responsible for reserve affairs within the military departments. (Sec. 206) Limits the total reduction in the number of positions authorized for military (civilian) technicians of the Army and Air National Guard and the Army and Air Force Reserve. Title III: Reserve Component Accessibility - Authorizes the President to order to active duty members of the Ready Reserve: (1) in time of national emergency declared by the Congress; (2) when necessary to provide Federal disaster relief to a State upon request; and (3) when otherwise authorized by law. Requires 48 hours' prior notification to the Congress before exercising such authority. Provides time limitations with respect to such activations. Requires quarterly reports to the Congress by the President with respect to the exercise of such authority and the necessity for retention of the reserves on active duty. Limits to one million the total number of personnel authorized to be on such duty at any one time without their consent. Directs the Secretary of Defense to prescribe policies and procedures for the release of such members from such duty. Prohibits any member of the Ready Reserve from being ordered to such duty more than once in any 24-month period, with a waiver by the President when it is determined that such service is urgently required and not otherwise available. (Sec. 302) Directs the Secretary to report to the Congress concerning possible legislation: (1) providing tax incentives to employers of reserve personnel to compensate for employee absences due to the performance of involuntary training or required or involuntary active duty; (2) to establish an income insurance program to provide replacement income to reserve personnel called to active duty or active Federal service; and (3) to establish a small business loan program to provide to reserve personnel ordered to active duty or active Federal service during a contingency operation low-cost loans to assist such members in retaining or rebuilding businesses affected by such service. Title IV: Reserve Component Resources - Directs the Secretary to include in the annual budget report to the Congress a report on any actual or anticipated shortfall in funding for reserve component personnel, operations and maintenance, equipment, or military construction in the budget for that fiscal year. (Sec. 402) Requires funds appropriated to the reserve components to be allocated by the Secretary to the use of that component for the purposes provided by the Congress. Requires amounts intended for military or civilian active personnel performing service in support of the reserves to be shown separately in budget justification documents. Title V: Reserve Forces Sustainment - Requires the Secretary to report to the Congress concerning possible legislation to restore the tax deductibility of nonreimbursable expenses incurred by reserve personnel in connection with military service. (Sec. 502) Authorizes the Secretary to pay transient housing charges for reserve personnel performing active duty for training at locations which are more than 50 miles from their current residence. (Currently, such authority is limited to annual training duty performed at such locations.) (Sec. 503) Expresses the sense of the Congress that: (1) the United States should continue to pay reserve personnel appropriate quarters allowances during periods of service on active duty for training; and (2) current reserve component military leave policies should not be changed. (Sec. 505) Directs the Secretary to seek to arrange for the establishment by a private insurance carrier of a group dental plan for members of the Selected Reserve and their dependents which would enable such individuals to obtain dental care at a low cost. (Sec. 506) Directs the Secretary to seek to enter into an agreement with a national organization representing retail merchants under which such organization would sponsor a program for the provision of price discounts by participating retail merchants to members of the armed forces. (Sec. 507) Commends the Reserve Forces Policy Board for its past work as an independent source of advice to the Secretary on all matters pertaining to the reserves. Expresses the sense of the Congress that the Board and the reserve forces policy committees for the individual military departments should continue to perform the vital role of providing the civilian leadership of the Department of Defense with independent advice on such matters.
United States · United States Congress · 15 May 1995
Regulatory Accounting Act of 1995 - Directs the President, after providing notice and opportunity for comment, to prepare and submit to the Congress: (1) a biennial accounting statement, covering at least the five fiscal years beginning on the first day of the fiscal year in which the report is submitted, that estimates the costs of Federal regulatory programs and corresponding benefits as outlined by this Act; and (2) an associated report analyzing program impacts on small business, State and local governments' ability to provide essential services, and other appropriate factors. Directs the Director of the Office of Management and Budget to provide guidance to agencies to standardize measures of costs and benefits in such accounting statements as well as their format. Requires the Director of the Congressional Budget Office, after each accounting statement and associated report are submitted, to make recommendations to the President for improving such statements and reports.
United States · United States Congress · 12 May 1995
TABLE OF CONTENTS: Title I: Cancellation and Suspension Title II: Minor Use Crop Protection Act of 1995 Title III: Data Collection Activities to Assure the Health of Infants and Children and Other Measures Title IV: Amendments to the Federal Food, Drug, and Cosmetic Act Food Quality Protection Act of 1995 - Title I: Cancellation and Suspension - Amends provisions of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) relating to cancellations, changes in classifications, or other terms of registration with respect to the authority of the Administrator of the Environmental Protection Agency. Requires that a rulemaking under such provisions be based on a validated test or other significant evidence raising prudent concerns of unreasonable adverse effects to man or to the environment. Denies registration applications that are not in compliance with this Act. Title II: Minor Use Crop Protection Act of 1995 - Minor Use Crop Protection Act of 1995 - Amends FIFRA to define "minor use" as the use of a pesticide on an animal or commercial agricultural crop or site or for public health protection where: (1) the total U.S. acreage for the crop is less than 300,000 acres; or (2) the Administrator determines that the use does not provide sufficient economic incentive to support the initial or continuing registration of a pesticide for such use and there are insufficient alternatives available for the use, the alternatives pose greater environmental or health risks, or the pesticide plays or will play a significant part in managing pest resistance or in an integrated pest management program. Extends the period of exclusive data use for data submitted to support original registration applications for pesticides for an additional year for each three minor uses registered after this Act's enactment and before the expiration of the period of exclusive use, up to a total of three additional years for all minor uses registered by the Administrator if the Administrator determines that: (1) there are insufficient alternatives available for the use or the alternatives pose greater environmental or health risks; or (2) the pesticide plays or will play a significant part in managing pest resistance or in an integrated pest management program. Requires the Administrator, upon the request of a registrant, to extend the deadline for the production of residue chemistry data required solely to support a minor use subject to specified conditions. Applies the same extension conditions to data for reregistrations. Authorizes the Administrator to modify or revoke such extensions if the use may cause unreasonable adverse environmental effects. Permits the Administrator, in handling the registration of a pesticide for a minor use, to waive applicable data requirements if the absence of data will not prevent the Administrator from determining the risk presented by the pesticide and that the risk would not have an adverse environmental effect. Provides for expedited review (within one year of submission) of applications to support minor use pesticide registrations. Sets forth conditions for extensions of registrations for unsupported minor uses. Provides a procedure for meeting data requirements where a registrant has voluntarily cancelled a registration and another application is pending for registration of a pesticide that is for a minor use and is identical or substantially similar to, or for an identical or substantially similar use as, the cancelled pesticide. Directs the Administrator to establish a minor use program. Directs the Secretary of Agriculture to establish a Department of Agriculture minor use program and a separate matching fund program. Requires the matching fund program to be utilized to ensure the continued availability of minor use crop protection chemicals. Authorizes appropriations. Title III: Data Collection Activities to Assure the Health of Infants and Children and Other Measures - Directs the Secretary of Agriculture, in consultation with the Administrator and the Secretary of Health and Human Services, to coordinate the development and implementation of survey procedures to ensure collection of adequate data on food consumption patterns of infants and children. Requires residue surveillance activities of the Department of Agriculture to provide for the improved surveillance of pesticide residues, including increased sampling of foods most likely consumed by infants and children. Directs the Secretary of Agriculture to: (1) collect pesticide use data of statewide or regional significance for all the major crops and crops of dietary significance; and (2) in cooperation with the Administrator, implement research, demonstration, and education programs to support adoption of integrated pest management. Requires Federal agencies to use and promote integrated pest management techniques. Title IV: Amendments to the Federal Food, Drug, and Cosmetic Act - Amends the Federal Food, Drug, and Cosmetic Act (FDCA) to redefine "pesticide chemical," subject to exception, as any substance that is a pesticide, or any active ingredient thereof, within the meaning of FIFRA. Defines "pesticide chemical residue," subject to exception, as a residue in or on a raw agricultural commodity or processed food of a pesticide chemical or any other added substance present as a result of a pesticide chemical's metabolism or other degradation. Deems a processed food not to be adulterated, within the meaning of FDCA, if there are present pesticide chemical residues at tolerance levels not considered unsafe. (Current law treats only raw agricultural commodities in this manner.) Sets forth requirements relating to tolerances and exemptions from tolerances for pesticide chemical residues in food, including residues of degradation products, which allow the presence in processed food at the tolerance applicable to the raw agricultural commodity from which the processed food is made. Prohibits establishment of a tolerance that is more stringent than a level the Administrator determines is adequate to protect the public health (i.e., if the dietary risk posed by such level of residues is negligible). Allows a greater than negligible dietary risk if: (1) use protects from greater adverse health effects to humans or the environment; (2) use avoids greater risks from another pesticide; or (3) the unavailability of the pesticide would reduce the availability of an adequate, wholesome, and economical domestic supply of the food. Prohibits issuance of a final rule that revokes, modifies, or suspends a tolerance or exemption until the Administrator has taken any necessary action under FIFRA with respect to the registration of the pesticide involved. Requires the Administrator, where a pesticide is labeled for use on a particular food, to: (1) revoke any tolerance or exemption that allows the presence of a particular chemical or its residue in or on such food if the Administrator cancels the registration of each pesticide that contains the chemical or modifies it to prohibit the pesticide's use in connection with such food; and (2) suspend any such tolerance or exemption upon the suspension of the use of each pesticide that contains the chemical. Provides for: (1) tolerances for unavoidable residues in the case of a residue of a canceled or suspended pesticide chemical that will unavoidably persist in the environment and be present in or on a food; and (2) residues resulting from an application which was lawful at the time of application but with respect to which the tolerance or exemption has since been revoked, suspended, or modified. Prohibits, subject to exception, a State from enforcing any limit on a qualifying pesticide chemical residue (as defined in this Act) in or on any food which is not identical to Federal requirements. Prohibits a State, absent an unreasonable dietary risk, from enforcing a limit on the level of residues in any food if the sale of such food containing such residue level was lawful at the time of application of the pesticide. Authorizes appropriations for increased monitoring of pesticide residues in imported and domestic food.
United States · United States Congress · 9 May 1995
Expresses the sense of the Congress that economically targeted investments violate specified provisions of the Employee Retirement Income Security Act of 1974 (ERISA) relating to a fiduciary's responsibility to serve the interests of employee benefit plan participants and beneficiaries exclusively. Requires that the application of such ERISA provisions to employee benefit plan asset investments be determined without regard to a specified Department of Labor (DOL) interpretive bulletin or any other similar directive regarding economically targeted investments. Prohibits DOL officers or employees from traveling, lecturing, or otherwise expending DOL resources to promote, directly or indirectly, economically targeted investments. Amends ERISA to prohibit Federal agencies or instrumentalities from establishing or maintaining any clearinghouse or other database relating to economically targeted investments for employee benefit plans. Directs Federal agencies and instrumentalities to immediately terminate contracts or other arrangements which violate this Act.
United States · United States Congress · 9 May 1995
Jerusalem Embassy Relocation Implementation Act of 1995 - Declares it is U.S. policy that: (1) Jerusalem should be recognized as the capital of the State of Israel; and (2) construction of the U.S. Embassy in Jerusalem should begin no later than December 31, 1996, and officially open no later than May 31, 1999. States that not more than 50 percent of the funds appropriated for FY 1997 and 1999 to the Department of State for "Acquisition and Maintenance of Buildings Abroad" may be obligated in the respective fiscal year until the Secretary of State determines, and reports to the Congress, that (for FY 1997) such construction has begun and that (for FY 1999) the Embassy has opened. Limits the availability of specified amounts of such funds in certain fiscal years until they are expended for: (1) costs associated with relocating the U.S. Embassy to Jerusalem; and (2) the costs for its construction. Requires the Secretary of State to report to the Speaker of the House of Representatives and the Committee on Foreign Relations of the Senate on: (1) the Department of State's plan to implement this Act; and (2) progress made toward opening the U.S. Embassy in Jerusalem.
United States · United States Congress · 3 May 1995
TABLE OF CONTENTS: Title I: Development of Competitive Telecommunications Markets Title II: Cable Communications Competitiveness Title III: Broadcast Communications Competitiveness Title IV: Effect on Other Laws Title V: Definitions Communications Act of 1995 - Title I: Development of Competitive Telecommunications Markets - Amends the Communications Act of 1934 (the Act) to provide that the duty of a common carrier includes the duty to interconnect with the facilities and equipment of other providers of telecommunications and information services. Includes within the duty of a local exchange carrier specified duties with respect to: (1) interconnection; (2) unbundling of network elements; (3) resale; (4) number portability; (5) dialing parity; (6) access to rights of way; (7) network functionality and accessibility; and (8) good faith negotiation. Requires a local exchange carrier to provide, to any other carrier or person offering (or seeking to offer) a telecommunications or information service: (1) access to and interconnection with the facilities of the carrier's network at any technically feasible and economically reasonable point within the carrier's network on just and reasonable terms and conditions, upon request; and (2) reasonable and nondiscriminatory access on an unbundled basis to databases, signaling systems, poles, ducts, conduits, and rights-of-way owned or controlled by a local carrier that is at least equal to that afforded by the carrier to itself or to any other person and that is sufficient to ensure the full interoperability of the equipment and facilities of the carrier and of the person seeking such access. Sets forth provisions regarding: (1) preemption of State and local regulation of interstate or intrastate telecommunications services; (2) statements of terms and conditions for access and interconnection; (3) Bell operating company (BOC) entry into "interlata services" (telecommunications between a point located in a local access and transport area and a point located outside such area); (4) the convening of a Federal State Joint Board to recommend actions for the preservation of universal service; (5) pricing flexibility and abolition of rate-of-return regulation; (6) network functionality and accessibility; (7) illegal changes in subscriber carrier selections; (8) required periodic FCC studies regarding universal service, advanced telecommunications services for elementary and secondary school students, and accessibility by individuals with disabilities; and (9) exemptions for U.S. territories. (Sec. 103) Prohibits a BOC, directly or through an affiliate, from manufacturing or providing telecommunications equipment or manufacturing customer premises equipment until the FCC has approved verifications that such BOC and each BOC with which it is affiliated are in compliance with access and interconnection requirements. Sets forth provisions regarding: (1) information requirements; and (2) FCC administration and enforcement authority. Prohibits a BOC or any affiliate from engaging in the provision of electronic publishing that is disseminated by means of such BOC's or any of its affiliates' basic telephone service, but allows a separated affiliate or electronic publishing joint venture to engage in such activity if it is operated independently from the BOC and it meets specified requirements (e.g., maintains separate books, has no officers, director, or employees in common, does not permit the BOC to perform specified functions on behalf of a separated affiliate, and has performed annually a compliance review). Authorizes a person claiming that any act or practice of a BOC, affiliate, or separated affiliate violates this section to file a complaint with the FCC or bring suit for damages, or to apply to the FCC for a cease and desist order. Requires any separated affiliate to file with the FCC annual reports in a form substantially equivalent to the Form 10-K required by Securities Exchange Commission regulations. Prohibits any BOC or affiliate from engaging in the provision of alarm monitoring services before July 1, 2000, except for existing legal activities. Requires a common carrier engaged in the provision of alarm monitoring or telemessaging services to provide nonaffiliated entities, upon reasonable request, with the network services it provides to its own alarm monitoring or telemessaging operations, on nondiscriminatory terms and conditions. Prohibits such a carrier from subsidizing such services with revenues from telephone exchange service. Directs the FCC to establish procedures for the expedited receipt and review of complaints concerning violations that result in material financial harm to a provider of such services. (Sec. 103(sic)) Directs the FCC to forbear from applying certain provisions or regulations to a common carrier or service, or class of carriers or services, in any or some geographic markets if the FCC determines that: (1) enforcement of such provision or regulation is not necessary to ensure that the charges, practices, classifications, or regulations by, for, or in connection with that carrier or service are just and reasonable and not discriminatory; (2) such enforcement is not necessary for the protection of consumers; and (3) forbearance from applying such provision or regulation is consistent with the public interest. (Sec. 104) Sets forth provisions regarding the privacy of customer proprietary network information. (Sec. 105) Requires a utility to provide a cable television (TV) system or other provider of telecommunications services with nondiscriminatory access to any pole, duct, conduit, or right-of-way owned or controlled by the utility. Directs the FCC to prescribe regulations for ensuring that utilities charge just and reasonable and nondiscriminatory rates for pole attachments provided to all providers of telecommunications services, which shall: (1) apportion the cost of the entire pole, duct, conduit, or right-of-way according to the percentage of usable space required for each entity; and (2) allow for reasonable terms and conditions relating to health, safety, and the provision of reliable utility service. (Sec. 106) Sets forth provisions regarding: (1) preemption of franchising authority regulation of telecommunications services; and (2) mobile service access to long distance carriers. Title II: Cable Communications Competitiveness - Authorizes a common carrier subject to the Act: (1) either through its own facilities or through an affiliate, to provide video programming directly to subscribers in its telephone service area; and (2) to provide channels of communications or pole, line, or conduit space, or other rental arrangements, to any entity which is directly or indirectly owned, operated, or controlled by, or under common control with, such carrier, if such facilities or arrangements are to be used for or in connection with the provision of video programming directly to subscribers in its telephone service area. Exempts from specified requirements under the Act an affiliate that: (1) is owned, operated, or controlled by, or under common control with, a carrier; and (2) provides video programming to subscribers in the telephone service area of such carrier, but does not utilize the local exchange facilities or services of any affiliated carrier in distributing such programming. Prohibits a carrier from providing video programming directly to subscribers in its telephone service area unless such programming is provided through a video programming affiliate that is separate from such carrier. Requires a carrier that provides video programming directly to subscribers in its telephone service area to establish a video platform, with exceptions. Sets forth provisions regarding: (1) authority of a State commission to prohibit cross-subsidization; (2) prohibition against buyouts, with exceptions; (3) rural area exemptions; (4) competition from cable systems, including the development of a National Information Infrastructure; and (5) competitive availability of navigation devices. Directs the FCC to complete an inquiry to ascertain the level at which video programming is closed captioned and to report to the Congress. Title III: Broadcast Communications Competitiveness - Requires the FCC, if it determines that it will issue additional licenses for advanced TV services, to: (1) limit the initial eligibility for such licenses to persons that, as of the date of such issuance, are licensed to operate a TV broadcast station, hold a permit to construct such a station, or both; and (2) adopt regulations that allow such licensees or permittees to offer such ancillary or supplementary services on designated frequencies as may be consistent with the public interest, convenience, and necessity. (Sec. 302) Revises provisions regarding license terms and renewal for the operation of a TV broadcast station. Increases to seven years (currently, five) the period for each license granted. Directs the FCC to continue a license in effect pending any hearing and final decision on an application and the disposition of a petition for rehearing. (Sec. 303) Requires the FCC to grant an application for a broadcast station license renewal if it finds that, during the preceding term of the station's license: (1) the station has served the public interest, convenience, and necessity; (2) there have been no serious violations by the licensee of this Act or FCC rules and regulations; and (3) there have been no other violations by the licensee of this Act or FCC rules and regulations which, taken together, would constitute a pattern of abuse. (Sec. 304) Grants the FCC exclusive jurisdiction over the regulation of the direct broadcast satellite service. (Sec. 305) Specifies that a ship documented under U.S. law operating in accordance with the Global Maritime Distress and Safety System provisions of the Safety of Life at Sea Convention shall not be required to be equipped with a radio station operated by one or more radio officers or operators. (Sec. 306) Directs the FCC to promulgate regulations to prohibit restrictions that inhibit a viewer's ability to receive video programming services through signal receiving devices designed for off-the-air reception of TV broadcast signals. (Sec. 307) Includes programming of a licensee in the direct broadcast satellite service within the scope of provisions penalizing the manufacture, import, sale, or distribution of equipment that is primarily of assistance in the unauthorized decryption of satellite cable programming. Title IV: Effect on other Laws - States that this Act shall supersede the Modification of Final Judgment (i.e., the order entered August 24, 1982, in the antitrust action styled United States v. Western Electric, including any judgment or order with respect to such action entered on or after that date), with exceptions. (Sec. 402) Preempts local taxation with respect to direct broadcast satellite service. Title V: Definitions - Defines various terms used in this Act.
United States · United States Congress · 3 May 1995
Amends the Communications Act of 1934 (the Act) to prohibit the Federal Communications Commission (FCC) from prescribing or enforcing any regulation: (1) prohibiting or limiting, either nationally or within any particular area, a person or entity from holding any form of ownership or other interest in two or more broadcasting stations or in such a station and any other medium of mass communication; or (2) prohibiting a person or entity from owning, operating, or controlling two or more networks of broadcasting stations or such a network and any other medium of mass communications. Requires the FCC to prohibit a person or entity from obtaining any license if such license would result in such person or entity directly or indirectly owning, operating, controlling, or having a cognizable interest in: (1) television stations which have an aggregate national audience reach exceeding 35 percent for any determination made before one year after enactment of this Act or 50 percent for any determination made thereafter; or (2) two or more television stations within the same market, except where at least one of the stations is a UHF station or where the Commission determines that ownership, operation, or control of two VHF television stations within the same market would not harm the preservation of a diversity of voices in the market. Requires the FCC to study and report to the Congress, within two years after the enactment of this Act, on the development of competition in the television marketplace and the need for any revisions to, or elimination of, audience reach limitations under this Act.
United States · United States Congress · 7 April 1995
Propane Education and Research Act of 1995 - Authorizes the qualified industry organizations (the National Propane Gas Association, the Gas Processors Association, or successor organizations, or a group of retail marketers or producers who collectively represent at least 25 percent of the volume of propane sold or produced in the United States) to conduct, at their own expense, a referendum among producers and retail marketers for the creation of a Propane Education and Research Council. Directs the Council, if established, to develop programs (including programs to enhance consumer and employee safety and training) and enter into contracts for: (1) propane research and development; (2) consumer education; and (3) payment for program costs with funds collected under this Act. Requires the Council to reimburse the Secretary of Energy annually for any costs incurred by the United States, but not to exceed the average annual salary of Department of Energy employees. Prescribes guidelines under which the Council shall set annual assessments on odorized propane to cover program costs. Directs the Council to establish a program to coordinate its operations with any State propane education and research council. Prohibits Council funds from being used for lobbying activities. Directs the Secretary of Commerce to annually prepare and make available to the Council, the Secretary of Energy (Secretary), and the public, an analysis of changes in propane prices relative to other energy resources. Requires the Council to restrict its activities to research and development, training, and safety whenever in any year the five-year average rolling price index of consumer grade propane exceeds by more than 10.1 percent the five-year rolling average price composite index of residential electricity, residential natural gas, and refiner price to end users of Number 2 fuel oil. Requires the price of propane to be determined by market forces in all cases. Prohibits the Council from taking action to pass the cost of the annual assessments to consumers. Requires the Secretary of Commerce to report biennially to the Congress and the Secretary on: (1) whether operation of the Council, in conjunction with the cumulative effects of market changes and Federal programs, has had an effect on propane consumers, including residential, agriculture, process, and nonfuel users; and (2) whether there have been long-term and short-term effects on propane prices as a result of Council activities and Federal programs.
United States · United States Congress · 7 April 1995
Consumer Fraud Prevention Act of 1995 - Amends the Federal criminal code to subject to civil forfeiture any property constituting, derived from, or traceable to any proceeds obtained as a result of telemarketing fraud. Directs that any such property or proceeds be used to the extent needed, as determined by the Attorney General, for the national telemarketing fraud information hotline (established under the Violent Crime Control and Law Enforcement Act of 1994) and other enforcement of telemarketing fraud provisions. Directs the court, in sentencing for telemarketing fraud, to order that the offender forfeit to the United States any property constituting or derived from proceeds obtained as a result of the offense. Specifies that the payment of an amount due pursuant to mandatory restitution for telemarketing fraud shall have priority over the payment of fines or the forfeiture of property under criminal forfeiture provisions. Directs the U.S. Sentencing Commission to amend the sentencing guidelines to increase by two levels: (1) the vulnerable victim adjustment; and (2) the level for any fraud offense if the defendant conducted activities to further the fraud from a foreign country in order to impede prosecution. Requires any presentence report required under the Federal Rules of Criminal Procedure to include information about the age of each victim of each fraud offense for which a defendant is convicted.
United States · United States Congress · 4 April 1995
Clinical Laboratory Improvement Act Amendments of 1995 - Exempts a physician clinical office laboratory from Public Health Service Act certification requirements, except when such laboratory performs a Pap Smear (Papanicolaous Smear) analysis.
United States · United States Congress · 29 March 1995
Minor Use Crop Protection Act of 1995 - Amends the Federal Insecticide, Fungicide, and Rodenticide Act (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 fewer than 300,000 acres; or (2) the Administrator of the Environmental Protection Agency 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 12 months of submission) of applications to support minor use pesticide registrations. Sets forth conditions for extensions of registrations for unsupported minor uses. Directs the Administrator to assure coordination of minor use issues through the establishment of a minor use program. Establishes and authorizes funding for a Department of Agriculture minor use matching fund program. Requires the program to be utilized to ensure the continued availability of minor use crop protection chemicals. Authorizes appropriations.
United States · United States Congress · 22 March 1995
FDA Export Reform and Enhancement Act of 1995 - Amends the Federal Food, Drug, and Cosmetic Act (FDCA) to modify the circumstances in which a drug, device, or biological product (including a partially processed biological product) may be exported.
United States · United States Congress · 14 March 1995
Capitol Visitor Center Authorization Act of 1995 - Authorizes the Architect of the Capitol (AOC), under the direction of the U.S. Capitol Preservation Commission, to: (1) plan, construct, equip, administer, and maintain a Capitol Visitor Center under the East Plaza of the Capitol; and (2) reconstruct the environs of the East Plaza to enhance its attractiveness, safety, and security. Requires the AOC to complete engineering and architectural designs and cost estimates for construction of the Center and to report to specified congressional committees and the Commission on the results. Prohibits the AOC from beginning the construction of the Center until the cost estimates are approved by resolutions adopted by such committees. Establishes in the Treasury an Architect of the Capitol, Capitol Buildings and Grounds, Capitol Visitor Center, Gifts and Donations account. Authorizes the: (1) AOC to enter into contracts, using noncompetitive procedures, to carry out this Act with respect to the Center; and (2) Commission to establish and delegate its functions under this Act to a Special Committee which shall provide the AOC with all necessary oversight ant direction. Limits funding for the payments of expenditures incurred by the AOC in providing for the Center to amounts in the account established by this Act.
United States · United States Congress · 8 March 1995
Establishes the Deficit Reduction Trust Fund, consisting of amounts contained in deficit reduction lock box provisions of appropriations Acts. Reduces discretionary spending limits by amounts transferred to the Fund. Amends the Congressional Budget Act of 1974 to require that amounts resulting from reduced spending under general appropriations bills be placed in the Fund. Requires the Congressional Budget Office to score all general appropriations measures as passed by the House and Senate and to publish such scorecard in the Congressional Record.
United States · United States Congress · 3 March 1995
Medical Procedures Innovation and Affordability Act - Prohibits the issuance of a patent for any invention or discovery of a technique, method, or process for performing a surgical or medical procedure, administering a surgical or medical therapy, or making a medical diagnosis. Provides that if a technique, method, or process is performed by or as a necessary component of a machine, manufacture, or composition of matter or improvement which is itself patentable subject matter, the patent on such machine, manufacture, or composition may claim the technique, method, or process.
United States · United States Congress · 3 March 1995
TABLE OF CONTENTS: Title I: Joint Budget Resolution Title II: Balanced Budget and Spending Restraints Balanced Budget-Spending Limitation Act of 1995 - Title I: Joint Budget Resolution - Amends the Congressional Budget Act of 1974 to reform the budget process by requiring a joint resolution on the budget instead of the concurrent resolution on the budget. Title II: Balanced Budget and Spending Restraints - Establishes a Federal spending limit of 21.5 percent of the gross domestic product for FY 1996 declining to 19 percent by FY 2002. Requires reduction of the maximum deficit amount to zero by FY 2002. Allows a waiver or suspension on the prohibition on exceeding the maximum deficit amount or the Federal spending limit by a three-fifths vote of both Houses. Prohibits the House or Senate from considering legislation that increases the public debt established by law for a fiscal year in excess of the Federal spending limit. Allows a waiver or suspension on such prohibition by a three-fifths vote of both Houses. Establishes a point of order against any legislation that does not allocate savings derived from changes in social security benefits or revenues from social security tax increases to the social security trust fund. Allows a waiver or suspension on such prohibition by a three-fifths vote of both Houses. Amends the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act) to provide for a mid-year and end of the year sequester if any laws effective during the current year will cause the deficit to exceed the maximum deficit or the Federal spending limit. Cancels budget authority sequestered at the end of the year permanently. Requires the President to submit a revised budget for FY 1996 that conforms to the spending limitations established in this Act. Makes the amendments and limits established by this title, and the procedures provided in Acts amended by this title, applicable to fiscal years beginning with FY 1996 and requires them to continue notwithstanding the termination of any Act setting forth such procedures.
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 · 27 February 1995
Securities Litigation Reform Act - Amends the Securities Exchange Act of 1934, with respect to class actions, to require a court-appointed class action steering committee, composed of class members, to direct counsel for the plaintiff class (plaintiff steering committee). (Sec. 2) Prohibits the use of disgorgement funds resulting from actions brought by the Securities Exchange Commission (the Commission) to pay legal expenses incurred by private parties seeking distribution of such funds. (Sec. 3) Declares that the portion of any final judgment or settlement awarded to class plaintiffs serving as the representative parties shall be equal (on a per share basis) to the portion of the final judgment awarded to all other members of the class. Revises the guidelines for private class action suits to: (1) restrict to five the number of class actions filed by a named plaintiff during any three-year period; (2) subject a losing party litigant, if certain conditions apply, to liability for the prevailing party's legal fees; and (3) require the court to make a conflict of interest determination with respect to a plaintiff's counsel who directly owns or has a beneficial interest in the securities that are the subject of the litigation. Requires a court to require just and equitable security for the payment of awardable fees and expenses from the attorney for the plaintiff class, the plaintiff class, or both. Sets forth disclosure guidelines for any proposed settlement agreement that is disseminated to the plaintiff class, including: (1) a statement about agreement or disagreement on the amount of recoverable damages per share and the likelihood of the plaintiff's prevailing; (2) the amount of legal costs and fees sought as part of the settlement; and (3) the identification of lawyers' representatives who will be available to answer questions from class members. Revises the guidelines for private class action suits to: (1) mandate discharge of a defendant who settles before verdict or judgment from all claims for contribution by nonsettling persons; (2) provide for recovery of contribution by a person who becomes liable for damages from certain non-parties who would have been liable for the same damages, if joined in the original suit; and (3) grant defendants the right to submit to the jury written interrogatories on the issue of each defendant's state of mind (scienter) at the time the alleged violation occurred. Prohibits brokers or dealers from soliciting or accepting referral fees for assisting an attorney in obtaining the representation of a customer in any private action. (Sec. 4) Delineates the requirements for securities fraud actions, including: (1) explicit pleading and proof of scienter; (2) plaintiff's reliance on a material misstatement or omission that proximately caused the plaintiff's loss; and (3) limitations on damages. (Sec. 5) Defines the circumstances ("safe harbor") in which a person shall not be held liable for the publication of predictive statements in any action based on a fraudulent statement under this Act. Permits the defendant in such action to move for an automatic protective order to restrict all discovery to the specific issue of the applicability of the "safe harbor." Directs the Commission to adopt a regulatory framework to implement the "safe harbor" requirements of this Act with respect to predictive statements concerning the future economic performance of an issuer of securities.
United States · United States Congress · 27 February 1995
TABLE OF CONTENTS: Title I: National Advisory Board on Adoption Title II: Adoption Data Collection System Title III: Adoption Education Programs Title IV: Adoption Benefits for Federal Employees and Military Personnel Title V: Adoption Tax Credit Title VI: Maternal Health Certificates Program Title VII: Rehabilitation Grants for Maternity Housing and Services Facilities Title VIII: Sense of Congress Regarding Changes in State Adoption Laws Omnibus Adoption Act of 1995 - Title I: National Advisory Board on Adoption - Establishes the National Advisory Board on Adoption to monitor program implementation under this Act and make recommendations to the Congress. Title II: Adoption Data Collection System - Requires the Secretary of Health and Human Services (the Secretary) to submit a status report to the Congress on implementation of a certain data collection system required under the Social Security Act. Title III: Adoption Education Programs - Amends the Higher Education Act of 1965 to direct the Secretary of Education to award social work graduate school fellowships for work in innovative programs on the effects of adoption on the parties involved. Authorizes appropriations. Directs the Secretary of Education to award grants to the States for implementation of adoption education programs. Authorizes appropriations. Title IV: Adoption Benefits for Federal Employees and Military Personnel - Amends Federal law to set forth adoption benefits for Federal employees and military personnel. Directs the Director of the Office of Personnel Management, the Secretary of Defense, and the Secretary of Transportation to coordinate their efforts in implementing this Act and to consult with the National Advisory Board on Adoption. Title V: Adoption Tax Credit - Amends the Internal Revenue Code to allow adoption expenses as a credit against the individual income tax. Requires married couples to file jointly in order to receive such credit. Title VI: Maternal Health Certificates Program - Directs the Secretary to establish a maternal health certificates program to cover maternity and housing services facility expenses incurred by eligible pregnant women. Authorizes appropriations. Title VII: Rehabilitation Grants for Maternity Housing and Services Facilities - Directs the Secretary of Housing and Urban Development to implement a grant program to assist eligible nonprofit entities to rehabilitate buildings for use as housing and services facilities for eligible pregnant women. Authorizes appropriations. Title VIII: Sense of Congress Regarding Changes in State Adoption Laws - Expresses the sense of the Congress that the States should adopt a specified statutory adoption scheme, including certain health plan benefits.
United States · United States Congress · 24 February 1995
Voluntary Environmental Self-Evaluation Act - Provides that a report, finding, or other communication of a person or entity relating to, and constituting part of, a voluntary environmental self-evaluation shall not be admissible evidence in a legal action or administrative procedure under Federal law and shall not be subject to discovery procedure unless: (1) the person or entity that initiated the self-evaluation waives his or her right to exclude from the evidence or procedure material subject to this Act; or (2) the Federal court, after an in camera hearing, determines that such communication indicates noncompliance with a Federal law and the person or entity failed to initiate efforts to achieve compliance, compelling circumstances necessitate that such communication be brought into evidence or made subject to discovery, the person or entity is asserting the exclusion for a fraudulent purpose, or such communication was prepared for purposes of avoiding disclosure of information required for an investigative, administrative, or judicial proceeding that was imminent or in progress. Makes such exclusion inapplicable to information: (1) required to be developed, maintained, or reported pursuant to a Federal environmental law; (2) required to be available to a Federal or State agency designated to carry out a regulatory activity pursuant to such laws; or (3) obtained by such an agency through observation, sampling, or monitoring or through an independent source. States that a person or entity that performs a voluntary environmental self-evaluation may not be required to give testimony in a Federal court or an administrative proceeding of a Federal agency without his or her consent. Sets forth conditions under which disclosures of information relating to a Federal environmental law to an appropriate Federal or State agency are considered voluntary. Considers such disclosures involuntary if the person or government entity making the disclosure has committed a pattern of violations of Federal or State laws relating to environmental quality due to separate events giving rise to the violations during the three-year period prior to disclosure. Presumes disclosures to be voluntary if the person or entity provides information supporting a claim that the information is a voluntary disclosure and makes such persons or entities immune from administrative, civil, or criminal penalties for violations until such presumption is rebutted. Places the burden of rebuttal on State or Federal agencies.
United States · United States Congress · 23 February 1995
Ricky Ray Hemophilia Relief Fund Act of 1995 - Establishes in the U.S. Treasury the Ricky Ray Hemophilia Relief Fund. Authorizes appropriations. Specifies that any individual who submits to the Attorney General written medical documentation that the individual has a human immunodeficiency virus (HIV) infection shall receive $125,000 from amounts available in the Fund if the individual: (1) has a blood-clotting disorder and was treated with blood-clotting agents between January 1, 1980, and December 31, 1987; (2) is the lawful spouse of such individual or the former lawful spouse and was the lawful spouse of the individual at any time after a date within such period on which the individual was treated; or (3) acquired the HIV infection through perinatal transmission from a parent who is such an individual. Requires that a claim for payment be filed with the Attorney General by or on behalf of such individual and that the Attorney General determine that the claim meets the requirements of this Act. Specifies that a claim under this Act shall not be assignable or transferable. Sets limits regarding the number of claims per victim. Prohibits the Attorney General from paying claims filed under this Act unless filed within three years after this Act's enactment.
United States · United States Congress · 23 February 1995
Amends 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 · 15 February 1995
Missing Service Personnel Act of 1995 - Requires the military commander of the unit, facility, or area to which the following persons are assigned to conduct an investigation as to their whereabouts after receiving factual information that their status is uncertain: (1) military personnel who disappear during a period of war, national emergency, or hostilities; and (2) any civilian Federal employee (including an employee of a Federal contractor) who serves with or accompanies an armed force in the field during such a period. Requires such persons to be placed in a missing status and requires notification of such status to either the officer having general court-martial authority over the person (for military personnel) or the Secretary of the military department employing such person (for civilian and contractor employees). Requires such officials to be kept informed (specifies deadlines) as to all information and inquiries concerning efforts to locate such missing personnel. Requires such officials to appoint a board to conduct an inquiry into the whereabouts and status of such persons. Provides for: (1) board composition, activities, and access to information; (2) inquiry proceedings (requiring the appointment of counsel, with specified duties, to represent the missing person); (3) a board recommendation as to the official status of a person following such an inquiry; (4) board reports to the officials involved as to board conclusions (prohibiting public availability of such reports for a one-year period); (5) report review by the official; (6) a report from such official to interested persons; and (7) an additional investigation and inquiry by an additional board upon receipt of new information within one year after the date of the first official notice of a person's disappearance. Allows interested persons (family members, dependents, next of kin) to participate at the proceedings of the board during such additional inquiry. Provides for the availability of appropriate information to board personnel conducting investigations and inquiries. Provides similar procedures for the second board with respect to meetings (open to the public, with exceptions), recommendations, reports, review by the Secretary of the military department concerned, and reports to interested persons. Directs the Secretary concerned: (1) if information becomes available on the whereabouts or status of a missing person within three years after the first official notice of the person's disappearance, to appoint a board to conduct an inquiry into such information; and (2) to appoint a board to conduct an inquiry as to the status of any missing person on or about three years after the first official notice of the disappearance of such person and not later than every three years thereafter until a total of 12 years after the first official notice. Allows certain interested persons to request the Secretary to appoint a board to review the status of a person declared dead before five years after the enactment of this Act. Limits the review subjects to those whose deaths were declared to have occurred on or after December 7, 1941. Provides for the conditions under which an appointed board may recommend that a person be declared dead. Requires the Secretary concerned to ensure that the personnel file of each person covered contains all information in possession of the Government relating to the disappearance and whereabouts or status of such person. Provides for judicial review of a person's declared status under this Act. Requires a person in a missing status or previously declared dead who is subsequently found alive to be paid for the full time of their absence. Requires the Secretary concerned, upon the enlistment of a person in an armed force, to require such person to specify in writing the individual(s) to whom information on their whereabouts or status shall be provided in the event of an investigation under this Act. Allows for revision of such choice by the enlisting individual.
United States · United States Congress · 13 February 1995
Volunteer Protection Act of 1995 - Prescribes circumstances under which volunteers working for nonprofit organizations or government entities shall be immune from personal financial liability for acts on behalf of the organization or entity. Sets forth exceptions and conditions that a State may impose on the granting of such immunity. Requires the Secretary of Health and Human Services to increase by one percent the fiscal year allotment which would otherwise be made to a State to carry out the Social Services Block Grant Program under title XX of the Social Security Act if such State has, within two years, certified to the Secretary that it has enacted a State law which provides such immunity. Provides for the continuation of such increase based on an annual recertification.
United States · United States Congress · 13 February 1995
Authorizes any subsidiary, affiliate, or associate company of a registered public utility holding company (except a public utility company) to engage in the provision of telecommunications services, information services, or other services or products subject to the jurisdiction of the Federal Communications Commission under the Communications Act of 1934, or energy or demand-side management services. Provides that the Securities and Exchange Commission shall have no jurisdiction under the Public Utility Holding Company Act of 1935 over a registered holding company or an affiliate engaged in such activities. Declares that this Act shall not prevent the Federal Energy Regulatory Commission or a State commission from prohibiting the cross-subsidization of activities by a public utility company. Requires: (1) that an entity be separate from a public utility company in order to conduct activities authorized under this Act; and (2) the maintenance of separate books and records. Allows State commissions with appropriate jurisdiction to request independent audits of transactions between public utility companies and an affiliate engaging in such activities.
United States · United States Congress · 7 February 1995
Truth in Budgeting Act - Prohibits the receipts and disbursements of the Highway Trust Fund, the Airport and Airway Trust Fund, the Inland Waterways Trust Fund, and the Harbor Maintenance Trust Fund from being included in either the Federal budget as submitted by the President or in the congressional budget. Exempts such trust funds from any general statutory budget limitation. (Sec. 3) Amends Federal transportation law to require the Secretary of Transportation to estimate annually what, but for this Act, would be at the close of the next fiscal year: (1) the amount of unfunded aviation authorizations; and (2) the net aviation receipts. Requires the Secretary to: (1) determine the amount by which unfunded aviation authorizations does or does not exceed net aviation receipts; and (2) make appropriate adjustments to amounts authorized to be appropriated and the amounts available for obligation from the Airport and Airway Trust Fund based on the difference. (Sec. 4) Sets forth similar provisions with respect to the Inland Waterways and the Harbor Maintenance Trust Funds.
United States · United States Congress · 7 February 1995
Farmer Retirement Security Act - Amends the Internal Revenue Code to exclude from gross income gain from the sale or exchange of qualified farm property to the extent that the proceeds are paid into an individual retirement account. Establishes limitations on such rollover amounts per individual and per family. Denies an itemized deduction for such rollover amounts and exempts such amounts from limitations on contributions to individual retirement accounts.
United States · United States Congress · 3 February 1995
Spending Reduction Enforcement Act of 1995 - Establishes the Spending Reduction Commission to propose cost savings and changes in law to achieve at least $45 billion of budget outlay reductions for the budget year and each outyear until a balanced budget is reached. Subjects such reductions to the following guidelines: (1) elimination of redundant and outdated programs, including those whose missions can be accomplished by the private sector; (2) reduction of programs with excessive administrative costs or that can be consolidated with other programs; (3) elimination of programs that provide subsidies that benefit narrow special interest groups at the expense of the national interest; and (4) reduction or elimination of programs that have low priority in meeting a national interest criterion. Sets forth the procedure for implementation of the Commission's recommendations by the Office of Management and Budget, the President, and the Congress. Makes budget outlay reductions permanent. Establishes sequester provisions if the full amount of savings required by this Act have not been achieved in a session of the Congress.
United States · United States Congress · 1 February 1995
Amends the Internal Revenue Code to allow an individual income tax deduction for contributions to a savings account established to pay the educational expenses (tuition, supplies, meals, and lodging) of the taxpayer's child or certain other relatives at an institution of higher education or a vocational school. Limits the deduction to $1,500 annually (adjusted for inflation) for each account. Disallows the deduction for contributions to an account maintained for any individual aged 19 or older. Requires any account balance to be distributed after the beneficiary attains age 30. Permits an exclusion from the gross income of the contributor or the beneficiary of account distributions used to pay educational expenses of the latter. Exempts an account from taxation (except for the tax on unrelated business income of a charitable organization), unless a contributor or the beneficiary engages in specified prohibited transactions. Imposes a ten percent surtax on distributions not used for educational purposes. Requires the account trustee to report to the Secretary of the Treasury and to the account's beneficiary concerning the account. Imposes a penalty for failure to report. Allows taxpayers who do not otherwise itemize deductions to deduct for contributions to an education savings account. Imposes penalty taxes in connection with excess contributions or prohibited transactions associated with an account. Exempts from annual contribution limitations distributions from education savings accounts into individual retirement accounts. Excludes from gross income distributions from individual retirement accounts into education savings accounts.
United States · United States Congress · 1 February 1995
Fairness in Musical Licensing Act of 1995 - Revises Federal copyright law to provide that communication by electronic device of a transmission embodying a performance or display of a work by the reception of a broadcast, cable, satellite, or other transmission shall not be a copyright infringement unless an admission fee is charged to see or hear the transmission or the transmission is not properly licensed. Provides that a performance or display in a commercial establishment shall not be considered infringement if incidental to the main purpose of the establishment. Specifies that, if a general music user and a performing rights society are unable to agree on the appropriate fee to be paid for the user's past or future performance of musical works in the society's repertoire, the user shall be entitled to binding arbitration of such disagreement pursuant to the rules of the American Arbitration Association in lieu of any other dispute-resolution mechanism established by any judgment or decree governing the operation of such society. Requires the arbitrator to determine a fair and reasonable fee for the user's past and future performance of works in such society's repertoire and to impose a penalty for infringement if the user's past performance infringed the copyright of such works. Makes an arbitrator's determination binding on both parties. Sets forth provisions regarding civil actions for infringement that may be submitted to arbitration if the license fee for a performance is contested. Requires a performing rights society, at the request of any radio broadcaster, to offer the broadcaster a per programming license to perform nondramatic musical works in its repertoire. Directs that such license be offered on terms and conditions that provide an economically and administratively viable alternative to blanket licenses. Sets forth provisions regarding prices of such licenses. Requires, beginning January 1, 1998, the performance of nondramatic musical works by broadcasters under any per programming period license to be determined on the basis of statistically reliable sampling or monitoring by the society and prohibits the society from requiring the broadcaster to report such performance to the society. Authorizes such broadcasters to bring actions to require compliance with such requirements. Directs each performing rights society to make available free online computer access to copyright and licensing information for each work in its repertoire as well as a semiannual printed directory of each title in its repertoire. Requires such society, upon request, to provide to any person who may perform musical works in its repertoire, copies of documentation establishing the society's right to license the public performance of such works. Bars a society from instituting or being a party to any action alleging infringement in, or charging a fee under any per programming period license for, any work in the repertoire that is not identified or documented as described above, with exceptions. Requires the Attorney General to report annually to the Congress on the activities of the Department of Justice relating to the continuing supervision and enforcement of specified consent decrees of the American Society of Composers, Authors, and Publishers and Broadcast Music, Inc. Sets forth conditions under which landlords, organizers of conventions, or others making space available to another party are exempt from liability under any theory of vicarious or contributory infringement with respect to an infringing public performance of a copyrighted work by a tenant, lessee, or other user of such space. Provides that the transmission of religious services or the recording of copies or phonorecords of a transmission program embodying such services shall not be a copyright infringement.
United States · United States Congress · 1 February 1995
Private Property Owners Bill of Rights - Requires Federal agency heads to: (1) comply with applicable State and tribal government laws in implementing and enforcing the Endangered Species Act of 1973 (ESA) and the permitting program for dredged or filled material under the Federal Water Pollution Control Act (FWPCA); (2) administer and implement the Acts in a manner that least affects the private property owners' constitutional and other legal rights; (3) develop and implement rules and regulations for ensuring that such rights are protected when making any final decision that restricts the use of private property; (4) obtain the consent of the property owner and provide appropriate notice before entering privately-owned property in order to collect information on it; and (5) give the property owner an opportunity to review and dispute the data collected before using it to implement or enforce any of the Acts. Amends ESA and FWPCA to provide for administrative appeals of certain actions, including those related to the denial of permits and the imposition of administrative penalties. Entitles a private property owner deprived of 50 percent or more of the fair market value or the economically viable use of a portion of property as a consequence of a final qualified agency action to receive compensation upon request in accordance with specified guidelines. Amends ESA to require the Secretary of the Interior to notify all private property owners or lessees of property subject to a management agreement and provide an appropriate opportunity for their participation in such an agreement when the Secretary enters into it with any non-Federal person establishing restrictions on property use.
United States · United States Congress · 31 January 1995
Biomaterials Access Assurance Act of 1995 - Provides that, in any civil action, a biomaterials supplier (one who supplies components or raw materials used to manufacture implants) may raise any defense provided under this Act. Exempts a biomaterials supplier (supplier) from liability for harm to a claimant caused by an implant, with exceptions in the case of a supplier who: (1) is a registered manufacturer of the implant; (2) is a seller of the implant and who held title to the implant at the time of sale; or (3) furnishes raw materials or components that fail to meet applicable contractual requirements or specifications. Provides grounds for liability with respect to each exception. Outlines procedural guidelines for the dismissal of civil actions against suppliers, including the submission of appropriate affidavits in support of, or in defense to, a claim. States that a supplier may be considered a manufacturer of an implant, for purposes of such civil actions, only if the supplier has registered with the Secretary of Health and Human Services and included the implant on a list of devices filed pursuant to the Federal Food, Drug, and Cosmetic Act. Requires claimant payment of attorney's fees if the court finds the claim to be without merit and frivolous.
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 · 26 January 1995
TABLE OF CONTENTS: Title I: Conversion of Joliet Army Ammunition Plant to Midewin National Tallgrass Prairie Title II: Other Real Property Disposals Involving Joliet Army Ammunition Plant Title III: Miscellaneous Provisions Illinois Land Conservation Act of 1995 - Title I: Conversion of Joliet Army Ammunition Plant to Midewin National Tallgrass Prairie - Ratifies the proposals identified by the land use plan which was developed by the Joliet Arsenal Citizen Planning Commission, approved April 8, 1994. Transfers to the Secretary of Agriculture (Secretary), without reimbursement, portions of the Joliet Army Ammunition Plant in Illinois (Arsenal) to constitute the Midewin National Tallgrass Prairie (MNP) established by this Act. Directs the Secretary and the Secretary of the Army to provide and maintain security measures on such portions of the Arsenal as are under their jurisdictions. Authorizes the Secretary, prior to such transfer and subject to such reasonable terms and conditions as the Secretary of the Army may prescribe, to enter upon Arsenal property for purposes related to planning, resource inventory, fish and wildlife habitat manipulation (including burning), and specified other activities. (Sec. 102) Transfers jurisdiction to the Secretary over those portions of the Arsenal property identified for transfer within six months of this Act's enactment. Specifies that, in the case of Arsenal property to be transferred to the Secretary, the Secretary of the Army shall transfer to the Secretary only those portions for which no further action is required under any environmental law. Provides for additional transfers and the identification of portions for transfer for the MNP. Directs the Secretary of the Army to retain jurisdiction, authority, and control over real property at the Arsenal to be used for environmental cleanup purposes. Requires all costs of necessary surveys for the transfer of jurisdiction of Arsenal property from the Secretary of the Army to the Secretary to be shared equally by the two Secretaries. (Sec. 103) Requires the Secretary of the Army, with respect to the real property at the Arsenal, to remain liable for and continue to carry out all: (1) response actions required under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA) and all remediation actions required under other environmental laws at or related to the property; and (2) actions required under other environmental laws to remediate petroleum products or their derivatives. Specifies that the Secretary of the Army shall retain any obligation or other liability at the Arsenal that he or she may have under CERCLA and other environmental laws. Relieves the Secretary from liability for certain costs, penalties, or fines regarding response actions required under CERCLA or the presence, release, or threat of release of any hazardous material at or related to the Arsenal or actions necessary to remedy noncompliance or other specified problems. Requires any Federal department or agency that had or has operations at the Arsenal resulting in the release or threatened release of hazardous substances, pollutants, or contaminants to pay the cost of related response actions or related actions under other statutes to remediate petroleum products or their derivatives. (Sec. 104) Establishes the MNP in Illinois to be managed for National Forest purposes. Permits acquisition of private lands for inclusion in the MNP on a willing seller basis only. (Sec. 105) Permits the construction and maintenance of roads for use within the MNP, the granting of authorizations for utility rights-of-way under applicable Federal law, or such access as is necessary. Sets forth provisions regarding: (1) agricultural leases and special use authorizations; (2) user fees; (3) salvage of improvements; (4) treatment of user fees and salvage receipts; and (5) cooperation with States, local governments, and other entities. Requires the Secretary to develop a plan to provide Will County, Illinois, and local jurisdictions with access to, and use of, groundwater through the existing system of wells located on portions of the Arsenal property to be included in the MNP. (Sec. 106) Designates specified areas of property at the Arsenal for disposal. Title II: Other Real Property Disposals Involving Joliet Army Ammunition Plant - Transfers specified real property at the Arsenal, without reimbursement, to: (1) the Secretary of Veterans Affairs for use as a national cemetery; (2) Will County, Illinois, for use as a landfill; and (3) the State of Illinois for economic redevelopment to replace the economic activity lost at the Arsenal. Requires the reversion to the United States of: (1) the landfill property if the property is not being operated as a landfill or if the Federal Government is denied reasonable access to the property; and (2) the economic redevelopment property if such property is not being used for such purposes. Title III: Miscellaneous Provisions - Declares that nothing in this Act shall be construed to restrict or lessen the degree of cleanup at the Arsenal required to be carried out under any environmental law.
United States · United States Congress · 26 January 1995
A to Z Spending Cuts Plan - Reduces discretionary spending limits for FY 1995 in amounts equal to rescissions under this Act. Declares that reductions in outlays shall not be taken into account for sequestration purposes of the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act). Reduces discretionary spending limits for FY 1995 through 1998 by the amount of rescissions and additional savings under this Act. Expresses the sense of the Congress that each reduction in the discretionary spending caps caused by the spending cuts of this Act shall result in reduction in future spending for that particular program only.
United States · United States Congress · 23 January 1995
Declares that, for the purposes of any constitutional amendment requiring a balanced budget, the appropriate committees of the House and the Senate shall report to their respective Houses implementing legislation to achieve a balanced budget without increasing the receipts or reducing the disbursements of the Federal Old-Age and Survivors Insurance Trust Fund and the Federal Disability Insurance Trust Fund to achieve that goal.
United States · United States Congress · 20 January 1995
Pharmacy Compounding Preservation Act of 1994 - Amends the Federal Food, Drug, and Cosmetic Act to make such Act inapplicable to: (1) licensed retail pharmacies that compound drugs in conformance with applicable local laws regulating the practice of pharmacy and medicine; and (2) bulk drug products intended to be used by pharmacies for compounding, except to the extent that such provisions relate directly to the purity and quality of such bulk drug products.
United States · United States Congress · 20 January 1995
Elects the following Representatives to the House Committee on Standards of Official Conduct: (1) Nancy Johnson, Chairman; (2) Jim Bunning; (3) Porter Goss; (4) David Hobson; and (5) Steven Schiff.
United States · United States Congress · 19 January 1995
Senior Citizens' Tax Relief Act of 1995 - Amends the Internal Revenue Code to increase the limitation on the one-time exclusion of gain from the sale of a principal residence by an individual who has attained age 55 and provide a cost-of-living adjustment for such amount. Increases the unified credit against the estate tax and the unified credit against the gift tax and provides a cost-of-living adjustment for such credits. Reduces the capital gains tax for a taxpayer other than a corporation by allowing the deduction of 50 percent of the net capital gain. Provides for computing such deduction for estates and trusts. Disallows such deduction against the minimum tax.
United States · United States Congress · 17 January 1995
United States One Dollar Coin Act of 1995 - Amends Federal currency law to prescribe the color and content of one-dollar coins. Prohibits a Federal reserve bank from placing into circulation any one-dollar Federal Reserve note after the date that the one-dollar coins are first placed in circulation. Directs the Secretary of the Treasury to cease regular production of one-dollar Federal Reserve notes (except for such quantities as are required to meet collectors' needs).
United States · United States Congress · 17 January 1995
Expresses the sense of the House of Representatives that aviators who meet the qualification standards of the Air Forces Escape and Evasion Society should be granted recognition for meritorious service by the Department of Defense.
United States · United States Congress · 13 January 1995
Amends the Communications Act of 1934 to repeal a provision which prohibits the granting of certain telecommunications licenses to: (1) an alien or a representative of an alien; (2) a foreign corporation; (3) a corporation of which an officer or director is an alien or more than one-fifth of the capital stock of which is owned or voted by aliens or by a foreign government or corporation; or (4) a corporation directly or indirectly controlled by another corporation of which any officer or more than one-fourth of the directors are aliens, or of which more than one-fourth of the capital stock is owned or voted by aliens or by a foreign government or corporation, if the Federal Communications Commission finds that the public interest will be served by the refusal or revocation of such license.
United States · United States Congress · 13 January 1995
Social Security Account Number Anti-Fraud Act - Amends title II (Old Age, Survivors and Disability Insurance) (OASDI) of the Social Security Act to direct the Secretary of Health and Human Services to: (1) establish, according to prescribed guidelines, an electronic program for American employers to verify the social security number and other relevant employment information to reduce the use of fraudulent social security documents for employment purposes; (2) implement such program according to a prescribed schedule, making it available to all employers in the States of California, Florida, Illinois, New Jersey, New York, and Texas; and (3) report to the Congress on the Program's initial implementation.
United States · United States Congress · 9 January 1995
Requires the head of any Federal agency to differentiate between fats, oils, and greases of animal, marine, or vegetable origin, and other oils and greases in issuing certain regulations.
United States · United States Congress · 9 January 1995
Regulatory Transition Act of 1995 - Establishes a moratorium on Federal regulatory rulemaking actions from November 9, 1994, through June 30, 1995, with certain emergency exceptions for presidentially designated imminent threats to health or safety, or actions necessary for enforcement of criminal laws. Suspends until July 1, 1995, starting 30 days after enactment of this Act, the effectiveness of any such action taken or made effective after November 9, 1994, but before enactment of this Act. Extends for five months or until July 1, 1995, whichever is later, any statutory, regulatory, or judicial deadline for, relating to, or involving any action dependent upon, any regulatory rulemaking actions authorized or required to be taken before the end of the moratorium period. Requires the President to inventory and publish in the Federal Register a list of all covered regulatory rulemaking actions taken or made effective during the moratorium period but before the date of enactment of this Act. Excludes from the meaning of rule: (1) the approval or prescription, on a case-by-case or consolidated basis, for the future of rates, wages, corporation, or financial structures or reorganizations thereof, prices, facilities, appliances, services or allowances therefor, or of valuations costs, or accounting, or practices bearing on any of the foregoing; and (2) the granting of an application for a license, registration, or similar authority, the granting or recognition of an exception, the granting of a variance or petition for relief from a regulatory requirement, or other action relieving a restriction, or any action necessary to permit new or improved applications of technology. Authorizes civil actions by anyone adversely affected by any conduct of a Federal agency in violation of this Act.
![Official portrait of Rep. Hastert, J. Dennis [R-IL-14]](https://www.congress.gov/img/member/h000323_200.jpg)