United States · United States Congress · 1 February 1996
Amends the Federal Food, Drug, and Cosmetic Act to allow the holder of an approved new drug application to distribute in any manner to a health professional (including insurers) a reprint of an article in an independent peer-reviewed medical textbook, journal, or medical compendium if the reprint is accompanied by a copy of the package insert and a statement that the reprint has not been approved by the Food and Drug Administration. Declares that the reprints shall not be regulated as advertising or labeling. Prohibits the Secretary of Health and Human Services from preventing advertising or labeling regarding an approved indication for a new drug, and for any pharmacoeconomic information relating to a drug, unless the Secretary determines in writing that the advertising or labeling is likely to cause unsafe or ineffective misuse.
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 · 31 January 1996
Alu-O'Hara Public Safety Officers Health Benefits Act - Amends the Omnibus Crime Control and Safe Streets Act of 1968 to require a 33 percent reduction in Federal assistance to a State under the justice system improvement grant program unless public safety officers who retire as a result of injuries sustained in the line of duty continue to receive at least the same level of health insurance benefits.
United States · United States Congress · 20 December 1995
Amends Federal bankruptcy law to remove the $4 million ceiling on aggregate noncontingent, liquidated secured debts from the definition of single asset real estate.
United States · United States Congress · 20 December 1995
Directs the Secretary of Veterans Affairs to ensure that: (1) in any case during FY 1996 in which appropriations are not otherwise available for programs, projects, and activities of the Department of Veterans Affairs, payments of existing veterans' benefits and payments to contractors of the Veterans Health Administration for patient health and safety services are still made; and (2) in any case during FY 1996 in which certain Government functions are delayed, deferred, or canceled due to a limitation on the ability to borrow funds, payments of existing veterans' benefits are still made.
United States · United States Congress · 19 December 1995
Calls on the people of the United States to set a place at their tables during the 1995 holiday season as a reminder of the U.S. men and women serving in the peacekeeping efforts for Bosnia-Herzegovina.
United States · United States Congress · 18 December 1995
Anti-Car Theft Improvements Act of 1995 - Revises provisions regarding the National Automobile Title Information System (NATIS) to define "motor vehicle" to have the same meaning as "passenger motor vehicle." Makes the Attorney General (currently, the Secretary of Transportation) responsible for carrying out specified functions with respect to NATIS. Directs the Attorney General no later than: (1) October 1, 1997, to establish a NATIS that will provide specified individuals and entities with instant and reliable access to information maintained by the States relating to motor vehicle titling; and (2) October 1, 1998, to report to the Congress on which States have met requirements with respect to NATIS. Grants immunity from any civil action seeking money damages or equitable relief in any Federal or State court for any person performing activities, in good faith and with the reasonable belief that such activities were in accordance with Federal provisions, relating to NATIS and the National Stolen Passenger Motor Vehicle Information System (NSPMVIS). Authorizes the Attorney General to make grants to participating States to be used in making titling information available to the operator. Authorizes appropriations to carry out provisions regarding State participation in NATIS.
United States · United States Congress · 13 December 1995
Aircraft Pilot Safety Act of 1995 - Directs the Administrator of the Federal Aviation Administration, after appropriate consultation, to develop an aircraft pilot reporting information and retrieval system containing standardized information on the quality of pilot performances in training activities. Requires all covered air carriers to use such information to evaluate applicants for pilot positions. Provides privacy protection with respect to such information. Directs the Administrator to report to the Congress a description of the aircraft pilot reporting system, as well as information concerning system costs and appropriate recommendations for system administration and necessary additional legislation, including possible legislation limiting the liability of covered air carriers and other persons who utilize the information provided through the system.
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 · 30 November 1995
Repeals a Federal provision limiting salary increases for Federal judges or Supreme Court Justices to those specifically authorized by Act of Congress. Amends the Federal judicial code to make the cost of living adjustments in judicial salaries effective in the first pay period beginning on or after January 1 each year (currently, such adjustments are triggered by General Schedule adjustments).
United States · United States Congress · 29 November 1995
Anti-Car Theft Improvements Act of 1995 - Revises provisions regarding the National Automobile Title Information System (NATIS) to: (1) define "motor vehicle" to have the same meaning as "passenger motor vehicle"; and (2) redefine "operator" to mean the individual or entity authorized or designated as the operator of the NATIS, the National Stolen Passenger Motor Vehicle Information System (NSPMVIS), or the Attorney General. Makes the Attorney General (currently, the Secretary of Transportation) responsible for carrying out specified functions with respect to NATIS. Directs the Attorney General, no later than: (1) October 1, 1997, to establish a NATIS that will provide specified individuals and entities with instant and reliable access to information maintained by the States relating to motor vehicle titling; and (2) October 1, 1998, to report to the Congress on which States have met requirements with respect to NATIS. Grants immunity from any civil action seeking money damages or equitable relief in any Federal or State court for any person performing activities, in good faith and with the reasonable belief that such activities were in accordance with Federal provisions, relating to NATIS and NSPMVIS. Authorizes the Attorney General to make grants to participating States to be used in making titling information available to the operator. Authorizes appropriations to carry out provisions regarding State participation in NATIS.
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
Domestic Violence Community Response Team Act of 1995 - Prescribes guidelines under which the Secretary of Health and Human Services is authorized to award: (1) grants of up to $500,000 each for community response teams to help prevent domestic violence; and (2) award a contract to an eligible entity to serve as a technical assistance center. (Sec. 5) Authorizes appropriations. Reduces appropriations authorized for the Energy Information Administration. Directs the Secretary of Energy to report to the Congress whether it would be practicable for the Administration to provide for some or all its funding by imposing a charge for services or materials that it provides to the public.
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
Mandatory Federal Prison Drug Treatment Act of 1995 - Amends the Federal criminal code to provide that if a prisoner is eligible for the substance abuse treatment program, good time credit for that prisoner shall not vest unless the prisoner successfully completes such program and remains drug free after such completion. Revises the definition of an "eligible prisoner" for purposes of provisions regarding substance abuse treatment to mean a prisoner who is determined by the Bureau of Prisons to have a substance abuse problem and who is within 24 months of the date of release.
United States · United States Congress · 15 November 1995
Constitutional Amendment - Declares that: (1) neither the United States nor any State shall deny benefits to or otherwise discriminate against any private person or group on account of religious expression, belief, or identity; and (2) the prohibition on laws respecting an establishment of religion shall not be construed to require such discrimination.
United States · United States Congress · 14 November 1995
Smithsonian Institution Sesquicentennial Commemorative Coin Act - Directs the Secretary of the Treasury to issue five-dollar gold coins and one-dollar silver coins emblematic of the scientific, educational, and cultural significance of the Smithsonian Institution. Mandates that: (1) all but a certain portion of surcharges received from coin sales be paid by the Secretary to the Smithsonian Institution for such purposes as its Board of Regents determines to be appropriate; and (2) a certain portion of such surcharges be dedicated to supporting the operation and activities of the National Numismatic Collection at the National Museum of American History.
United States · United States Congress · 31 October 1995
Lobbying Disclosure Act of 1995 - Requires registration with the Secretary of the Senate and the Clerk of the House of Representatives (appropriate congressional officials) by any individual lobbyist (or the individual's employer if it employs one or more lobbyists) within 45 days after the individual first makes, or is employed or retained to make, a lobbying contact with either the President, the Vice President, a Member of Congress, or any other specified Federal officer or employee, including certain high-ranking members of the uniformed services. Defines a lobbyist as any individual employed or retained by a client for financial or other compensation for services that include more than one lobbying contact (but not an individual whose lobbying activities constitute less than 20 percent of the time engaged in the services provided to that client over a six-month period). (Sec. 4) Provides for: (1) special registration filing rules in cases involving multiple clients and contacts; and (2) registration termination in cases where a registrant is no longer employed or retained by a client to conduct lobbying activities and does not anticipate any additional lobbying activities for such client. Specifies the contents of such registration. Provides for exemptions from registration requirements above in cases involving lobbying income of $5,000 or less (for a particular client) or total expenses of $20,000 or less (in the case of an organization whose employees engage in lobbying activities on the organization's behalf) (adjusted periodically for inflation) for the semiannual period. (Sec. 5) Requires registrants to file semiannual lobbying activity reports with the appropriate congressional officials. Specifies the contents of such reports. (Sec. 6) Specifies various duties of the appropriate congressional officials for carrying out this Act, including reviewing registrations and reports filed under it, and making copies of them available to the public. (Sec. 7) Sets forth penalties for violations involving the requirements of this Act. (Sec. 9) Amends the Foreign Agents Registration Act of 1938 to: (1) replace references to political propaganda with references to informational materials; and (2) add to the exemption from registration requirements under such Act for certain lawyers providing legal representation to disclosed foreign principals to apply it to such representative actions as judicial proceedings and criminal or civil law enforcement inquiries, investigations, or proceedings. Exempts from the requirements of the Foreign Agents Registration Act of 1938 any agent of a foreign government, foreign political party, or other foreign entity not organized for business that registers under this Act. (Sec. 10) Revises (Byrd Amendment) limitations on use of appropriated funds to influence certain Federal contracting and financial transactions, removing obsolete reporting requirements, among other changes. (Sec. 11) Repeals the Federal Regulation of Lobbying Act. Repeals provisions of the Department of Housing and Urban Development Act and the Housing Act of 1949 relating to lobbyist activities. (Sec. 14) Sets forth special rules for the identification of: (1) foreign and other clients on whose behalf lobbying contacts are made with a covered legislative or executive branch official; and (2) such covered officials. (Sec. 15) Permits tax-exempt charitable organizations required to report lobbying expenses by the Internal Revenue Code to report, under this Act, only good faith estimates of such expenses in order to meet specified reporting (including exemption from such reporting) requirements of this Act. (Sec. 16) Amends provisions of Federal law known as the Ramspeck Act to repeal authority extending competitive status to certain legislative and judicial branch employees involuntarily separated without prejudice from their respective branch, entitling them to transfer to the competitive service in the executive branch. (Sec. 17) Requires the Office of Personnel Management (OPM) to promulgate regulations on the manner and extent that experience in a position other than a competitive one may be considered in making appointments to a competitive position. Prohibits the grant, in such regulations, of any preference based on the fact of service in the legislative or judicial branch. Directs OPM to study excepted service considerations for competitive service appointments relating to this Act. (Sec. 18) Makes certain civic leagues or organizations not organized for profit but operated exclusively for the promotion of social welfare, and certain local associations of employees whose net earnings are devoted exclusively to charitable, educational, or recreational purposes, ineligible for Federal funds in any form if they engage in lobbying activities. (Sec. 19) Amends the Foreign Agents Registration Act of 1938 to require the Attorney General to report to Congress semiannually on administrative matters (currently "from time to time") including registration filings. (Sec. 20) Amends the Ethics in Government Act of 1978 to: (1) augment the dollar value categories for required disclosure of income, assets, and liabilities of subject individuals, but limiting disclosure requirements for their spouses and dependent children to income, assets, and liabilities held jointly with the subject individual, and leaving unspecified any such amounts or values exceeding $1 million; and (2) require the financial disclosure reports of subject individuals to include the category of the total cash value of any interest of the reporting individual in a qualified blind trust, except under certain circumstances. (Sec. 21) Amends the Federal criminal code to apply to the Deputy United States Trade Representative (Deputy USTR) the same three-year prohibition against representing, aiding, or advising a foreign entity after leaving Government service as applies to the United States Trade Representative (USTR). Amends the Trade Act of 1974 to prohibit any person who has directly represented, aided, or advised a foreign entity in any trade negotiation, or trade dispute, with the United States from being appointed as USTR or Deputy USTR. (Sec. 23) Expresses the sense of the Senate that lobbying expenses should not be tax deductible.
United States · United States Congress · 25 October 1995
States that it is the intent of the Congress that legislation will be passed before the end of 1995 to raise the social security earnings limit for working seniors aged 65 through 69 in a manner which will ensure the financial integrity of the social security trust funds and will be consistent with the goal of achieving a balanced budget in seven years.
United States · United States Congress · 19 October 1995
Anticounterfeiting Consumer Protection Act of 1995 - Makes the following predicate offenses under the Racketeer Influenced and Corrupt Organizations Act: (1) trafficking in counterfeit labels for phonorecords, computer programs or computer program documentation or packaging, and copies of motion pictures or other audiovisual works; (2) criminal copyright infringement; (3) trafficking in goods or services bearing counterfeit marks; and (4) interstate transportation of stolen property. (Sec. 3) Extends to computer programs and computer program documentation and packaging existing prohibitions and penalties applicable to trafficking in counterfeit labels affixed or designed to be affixed to phonorecords or copies of a motion picture or other audiovisual work. (Sec. 4) Requires the Attorney General to include in a report to the Congress, on a district by district basis, certain information on investigations, referred cases, and outcomes of prosecutions relating to criminal counterfeiting actions involving trafficking in counterfeit labels, criminal copyright infringement, and trafficking in goods or services bearing counterfeit marks. (Sec. 5) Amends the Lanham Act to: (1) authorize a court to order the seizure of an aircraft, vehicle, or vessel used in connection with a violation of such Act; (2) direct the court to order that service of a copy of an order with respect to the seizure of counterfeit goods be made by a Federal, State, or local law enforcement officer; (3) require that any merchandise bearing a counterfeit mark imported into the United States in violation of such Act be seized by the appropriate Federal official and, in the absence of the written consent of the trademark owner, forfeited; (4) set civil penalties for anyone who directs, assists, or is in any way concerned in the importation of merchandise for sale or public distribution that is seized; (5) permit the plaintiff, in a case involving the use of a counterfeit mark in connection with the sale, offering for sale, or distribution of goods or services, to recover, instead of actual damages and profits, an award of statutory damages, as specified; and (6) entitle the owner, registrant, or authorized user of a trademark registered under such Act, and any authorized agent or representative thereof, to obtain from the appropriate Federal officers in a timely manner specified information contained in a vessel or aircraft manifest; and (7) require that documentation relating to the entry into the United States of imported merchandise contain such information as necessary to determine whether the merchandise bears an infringing trademark. (Sec. 8) Repeals a provision allowing forfeited articles that are excluded from importation under Federal copyright law to be refunded to the country of export whenever it is shown that the importer had no reasonable grounds for believing that his or her acts constituted a violation of law.
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 · 11 October 1995
Prisoner Lawsuit Efficiency Act of 1995 - Amends the Federal criminal code to prohibit any action from being brought by a prisoner in the custody of the Federal Bureau of Prisons concerning any aspect of such prisoner's incarceration until any administrative remedy procedures available are exhausted, regardless of the nominal party defendant. Specifies that the fact that the administrative remedies do not include all the possible procedures and forms of recovery that are available in the civil action does not render such remedies inadequate or excuse the failure to exhaust them.
United States · United States Congress · 27 September 1995
TABLE OF CONTENTS: Title I: General Provisions Title II: Public Housing Subtitle A: Block Grants Subtitle B: Admissions and Occupancy Requirements Subtitle C: Management Subtitle D: Homeownership Subtitle E: Disposition and Demolition of Developments Subtitle F: General Provisions Title III: Choice-Based Rental Housing and Homeownership Assistance for Low-Income Families Subtitle A: Grants and Allocation Subtitle B: Choice-Based Housing Assistance for Eligible Families Subtitle C: Payment of Housing Assistance on Behalf of Assisted Families Subtitle D: General and Miscellaneous Provisions Subtitle E: Provisions Relating to Discontinued HUD-Administered Programs for Project-Based Assistance Title IV: Accreditation and Oversight of Local Housing and Management Authorities Subtitle A: Housing Foundation and Accreditation Board Subtitle B: Accreditation and Oversight Standards and Procedures Title V: Repeals and Conforming Amendments United States Housing Act of 1995 - Title I: General Provisions - Provides for the organization of local housing and management authorities (LHMA) to manage and operate public and assisted housing. Limits housing admission of drug or alcohol abusers. Establishes community work and family self-sufficiency requirements. (Sec. 107) Requires LHMAs to submit annual community improvement plans to the Secretary of Housing and Urban Development. (Sec. 109) Authorizes the Secretary to reserve specified annual appropriations for specified uses. Title II: Public Housing - Subtitle A: Block Grants - Directs the Secretary to provide eligible LHMAs with block grant funding. (Sec. 204) Sets forth: (1) allocation provisions; and (2) sanctions for improper fund use. Subtitle B: Admissions and Occupancy Requirements - Establishes low-income housing requirements for production, operating, and capital improvements (including mixed-income developments) assistance. (Sec. 222) Authorizes LHMAs to: (1) permit income-mixed occupancy; (2) waive occupancy requirements for law enforcement personnel; (3) establish occupancy preferences; and (4) designate housing for elderly and disabled families. (Sec. 225) Sets forth rental and lease provisions. Subtitle C: Management - Sets forth LHMA management provisions regarding: (1) management by other entities, including resident-requested independent managers; (2) resident grievance procedures; (3) housing quality standards; (4) resident employment; and (5) resident councils and management corporations. Subtitle D: Homeownership - Authorizes LHMAs to carry out a low-income family home ownership program. Subtitle E: Disposition and Demolition of Developments - Authorizes LHMAs to demolish or dispose of nonviable public housing projects. Subtitle F: General Provisions - Authorizes appropriations for: (1) public housing block grants; and (2) operation safe home relocations. Title III: Choice-Based Rental Housing and Homeownership Assistance for Low-Income Families - Subtitle A: Grants and Allocation - Authorizes the Secretary to provide States with housing assistance grants. Authorizes appropriations. Authorizes the conversion of unused section 8 assistance (United States Housing Act of 1937) to housing assistance under this title. Subtitle B: Choice-Based Housing Assistance for Eligible Families - Provides housing assistance under this title only to: (1) low-income families; or (2) families that qualify to receive such assistance under other Federal law. Authorizes LHMAs to establish assistance preferences. (Sec. 322) Authorizes LHMAs to set tenant contribution amounts of at least $50 per month, with special provisions for elderly or disabled families. (Sec. 324) Sets forth provisions regarding: (1) lease terms; (2) tenancy termination; and (3) ownership and dwelling unit eligibility. (Sec. 329) Authorizes LHMAs to provide a home ownership option. Subtitle C: Payment of Housing Assistance on Behalf of Assisted Families - Authorizes LHMAs to enter into housing assistance payments contracts with dwelling unit owners. Sets forth contract provisions. (Sec. 356) Prohibits contract portability. Subtitle D: General and Miscellaneous Provisions - Defines specified terms for purposes of this title. (Sec. 372) Authorizes rental assistance fraud recoveries. Subtitle E: Provisions Relating to Discontinued HUD-Administered Programs for Project-Based Assistance - Prohibits discrimination in subsidized projects. Title IV: Accreditation and Oversight of Local Housing and Management Authorities - Subtitle A: Housing Foundation and Accreditation Board - Establishes the Housing Foundation and Accreditation Board which shall: (1) evaluate deep subsidy housing programs; (2) establish LHMA performance standards; (3) establish financial and audit performance audit standards; (4) establish LHMA accreditation guidelines; (5) provide information and technical assistance; and (6) establish a system for identifying LHMA dysfunctions and related efficiency management systems. Subtitle B: Accreditation and Oversight Standards and Procedures - Directs the Board to establish LHMA performance benchmarks and accreditation procedures. (Sec. 433) Directs the Secretary to annually classify LHMAs by performance category, and enter into performance agreements with troubled agencies. (Sec. 436) Authorizes block grant contracts (under title II) to provide for conveyance of title or possession to the Secretary in cases of substantial default. (Sec. 437) Authorizes the Secretary to remove an ineffective LHMA under specified circumstances. (Sec. 438) Directs the Secretary to either take over or contract out the management of a chronically troubled LHMA. (Sec. 439) Provides that in the case of a troubled public housing authority (PHA) a State or local government comprehensive housing affordability strategy shall not be in Federal compliance unless it includes provisions to improve such PHA. (Sec. 442) Makes the provisions of this subtitle applicable to resident management corporations, and certain provisions of this subtitle inapplicable to Indian housing. Title V: Repeals and Conforming Amendments - Repeals the United States Housing Act of 1937. Repeals specified program provisions under: (1) the Housing and Community Development Act of 1974; (2) the Cranston-Gonzalez National Affordable Housing Act; (3) the Department of Housing and Urban Development Reform Act of 1989; (4) the Housing and Community Development Act of 1992; (5) the HUD Demonstration Act of 1993; (6) the Housing Act of 1954; (7) the Housing and Community Development Amendments of 1981; (8) the Departments of Veterans Affairs and Housing and Urban Development, and Independent Agencies Appropriations Act, 1991; (9) the Departments of Veterans Affairs and Housing and Urban Development, and Independent Agencies Act, 1992; (10) the Housing and Urban-Rural Recovery Act of 1983; (11) the Housing and Community Development Act of 1987; and (12) the Public and Assisted Housing Drug Elimination Act of 1990. (Sec. 502) Amends the Housing Act of 1959 with regard to elderly housing assistance.
United States · United States Congress · 6 September 1995
Prohibits the Secretary of Health and Human Services and any other Federal official from: (1) regulating the use of tobacco or tobacco products by the National Association of Stock Car Automobile Racing or other professional motor sports association under the Federal Food, Drug, and Cosmetic Act; and (2) taking any action with respect to tobacco, tobacco products, or tobacco advertising used by such associations under the Federal Cigarette Labeling and Advertising Act or the Comprehensive Smokeless Tobacco Health and Education Act of 1986.
United States · United States Congress · 4 August 1995
TABLE OF CONTENTS: Title I: Deterrence of Illegal Immigration Through Improved Border Enforcement, Pilot Programs, and Interior Enforcement Subtitle A: Improved Enforcement at Border Subtitle B: Pilot Programs Subtitle C: Interior Enforcement Title II: Enhanced Enforcement and Penalties Against Alien Smuggling; Document Fraud Subtitle A: Enhanced Enforcement and Penalties Against Alien Smuggling Subtitle B: Deterrence of Document Fraud Subtitle C: Asset Forfeiture for Passport and Visa Offenses Title III: Inspection, Apprehension, Detention, Adjudication, and Removal of Inadmissible and Deportable Aliens Subtitle A: Revision of Procedures for Removal of Aliens Subtitle B: Removal of Alien Terrorists Subtitle C: Deterring Transportation of Unlawful Aliens to the United States Subtitle D: Additional Provisions Title IV: Enforcement of Restrictions Against Employment Title V: Reform of Legal Immigration System Subtitle A: Worldwide Numerical Limits Subtitle B: Changes in Preference System Subtitle C: Refugees, Asylees, Parole, and Humanitarian Admissions Subtitle D: General Effective Date; Transition Provisions Title VI: Restrictions on Benefits for Aliens Subtitle A: Eligibility of Illegal Aliens for Public Benefits Subtitle B: Expansion of Disqualification from Immigration Benefits on the Basis of Public Charge Subtitle C: Attribution of Income and Affidavits of Support Title VII: Facilitation of Legal Entry Title VIII: Miscellaneous Provisions Immigration in the National Interest Act of 1995 - Title I: Deterrence of Illegal Immigration Through Improved Border Enforcement, Pilot Programs, and Interior Enforcement - Subtitle A: Improved Border Enforcement - Increases: (1) the Border Patrol; and (2) Immigration and Naturalization Service (INS) border enforcement and related personnel. (Sec. 102) Provides for barrier and road improvements at U.S. border areas of high illegal entry, including San Diego, California. Authorizes appropriations for San Diego area improvements. (Sec. 103) Provides for improved border equipment and technology. (Sec. 104) Provides for biometric identifiers to be included in border crossing identification cards. (Sec. 105) Establishes civil penalties for illegal U.S. entry. (Sec. 106) Authorizes appropriations for detention and prosecution of aliens who have unlawfully entered the United States at least twice. (Sec. 107) Provides for inservice Border Patrol training. Authorizes appropriations. Subtitle B: Pilot Programs - Establishes pilot programs for: (1) deterrence of multiple unauthorized U.S. entries, which may include interior or third party repatriation; (2) use of closed military bases as INS detention centers; and (3) collection of alien departure records. Subtitle C: Interior Enforcement - Provides for increased INS interior investigative and enforcement personnel. Title II: Enhanced Enforcement and Penalties Against Alien Smuggling; Document Fraud - Subtitle A: Enhanced Enforcement and Penalties Against Alien Smuggling - Amends Federal criminal law to: (1) authorize wiretaps in alien smuggling investigations; and (2) include alien smuggling within racketeering offenses. (Sec. 203) Amends the Immigration and Nationality Act (Act) to revise and increase criminal penalties for alien smuggling. (Sec. 204) Increases the number of Assistant United States Attorneys and provides for their assignment to criminal matters involving illegal aliens. (Sec. 205) Authorizes and provides for INS undercover investigations. Subtitle B: Deterrence of Document Fraud - Amends Federal criminal law and the Act to increase and establish criminal and civil penalties for specified immigration related document fraud offenses, including false citizenship claims. Subtitle C: Asset Forfeiture for Passport and Visa Offenses - Amends Federal criminal law to provide for asset forfeiture for passport and visa offenses. Title III: Inspection, Apprehension, Detention, Adjudication, and Removal of Inadmissible and Deportable Aliens - Subtitle A: Revision of Procedures for Removal of Aliens - Amends the Act to revise alien removal and penalty provisions. (Sec. 309) Sets forth transition provisions with respect to: (1) the Attorney General's option to apply current or revised procedures; (2) judicial review; (3) suspension of deportation; and (4) certain family unity aliens. Subtitle B: Removal of Alien Terrorists - Part 1: Removal Procedures for Alien Terrorists - Amends the Act to establish a special removal procedure for alien terrorists, including establishment of a special removal court and a panel of special attorneys with access to classified information. (Sec. 322) Authorizes additional appropriations for INS detention and removal of alien terrorists. Part 2: Inadmissibility and Denial of Relief for Alien Terrorists - Amends the Act to make membership in a terrorist organization grounds for U.S. exclusion. (Sec. 332) Denies alien terrorists status adjustment and deportation relief. Subtitle C: Deterring Transportation of Unlawful Aliens to the United States - Amends the Act with regard to vessel and aircraft transportation of illegal aliens into the United States. Subtitle D: Additional Provisions - Authorizes Federal retirees to be used in the Institutional Hearing Program. (Sec. 358) Authorizes additional appropriations to the Attorney General for removing inadmissible or deportable aliens. (Sec. 359) Establishes in the Treasury an Immigration Enforcement Account. (Sec. 360) Declares that Congress advises the President to negotiate prisoner transfer treaties, which may include compensation provisions. (Sec. 361) Amends the Violent Crime Control and Law Enforcement Act of 1994 to direct INS to operate a criminal alien identification system. (Sec 363) Authorizes special registration of aliens on criminal probation or parole. Title IV: Enforcement of Restrictions Against Employment - Increases full-time employee positions in: (1) the Investigations Division of INS; and (2) the Wage and Hour Division of the Employment Standards Administration of the Department of Labor. (Sec. 403) Amends the Act to revise the employer sanctions program. Provides for an employment eligibility confirmation mechanism. Title V: Reform of Legal Immigration System - Amends the Act to restructure current legal immigration categories and levels into the following: (1) family-sponsored immigrants; (2) employment-based immigrants; and (3) humanitarian immigrants. Subtitle A: Worldwide Numerical Limits - Amends the Act to establish fiscal year worldwide limits for such immigrant categories. (Sec. 504) Requires periodic congressional review and reauthorization of worldwide immigration levels. Subtitle B: Changes in Preference System - Amends the Act to limit immediate relatives to spouses and children of U.S. citizens. (Sec. 512) Limits preference allocation for family-sponsored immigrants to: (1) spouses and children of lawful permanent resident aliens; and (2) qualifying parents of U.S. citizens. Requires parents to have adequate health coverage. (Sec. 513) Revises preference allocations for employment-based immigrants. Establishes: (1) a pilot program for smaller alien job creation investors; and (2) conditional permanent resident status for certain foreign language teachers. (Sec. 515) Revises special immigrant status provisions, including: (1) inclusion of certain NATO civilian employees; and (2) extension of status for religious workers. (Sec. 517) Makes specified family and employment-based amendments. Subtitle C: Refugees, Asylees, Parole, and Humanitarian Admissions - Amends the Act to limit annual refugee admissions to 75,000 in FY 1997 or 50,000 in succeeding years unless the Congress provides for additional entries. (Sec. 523) Authorizes the temporary employment of certain retirees to help reduce asylum application backlogs. (Sec. 524) Limits parole entry to a case-by-case basis for humanitarian or significant public benefit reasons. (Sec. 525) Provides for the admission of humanitarian immigrants. (Sec. 526) Revises asylum provisions. Subtitle D: General Effective Date; Transition Provisions - Sets forth transition provisions for specified classification status petitions. Title VI: Restrictions on Benefits for Aliens - Subtitle A: Eligibility of Illegal Aliens for Public Benefits - Part 1: Public Benefits Generally - Makes illegal aliens ineligible for unemployment benefits and Federal and State assistance, contracts, and licenses, with exceptions for emergency medical services, public health immunizations, and short-term emergency disaster relief. Requires proof of identify for Federal contracts, grants, loans, licenses, and specified public assistance programs. Authorizes States to establish similar requirements. (Sec. 605) Requires the Secretary of Housing and Urban Development to report on the disqualification of illegal aliens from housing assistance programs. Part 2: Earned Income Credit - Amends the Internal Revenue Code to deny the earned income tax credit to individuals not authorized to work in the United States. Subtitle B: Expansion of Disqualification from Immigration Benefits on the Basis of Public Charge - Amends the Act to revise public charge grounds for inadmissibility and deportability. Subtitle C: Attribution of Income and Affidavits of Support - Attributes a sponsor's income and resources to a family-sponsored immigrant for purposes of eligibility for Federal means-tested public benefits programs. (Sec. 632) Amends the Act to set forth sponsor affidavit of support requirements. Title VII: Facilitation of Legal Entry - Provides for: (1) increased numbers of land border inspectors; and (2) border infrastructure improvements. (Sec. 703) Amends the Act to provide for: (1) preinspection at specified foreign airports; and (2) training of airline personnel in fraudulent document detection. Establishes a carrier consultant program. Title VIII: Miscellaneous Provisions - Amends the Act, as amended by the Immigration and Nationality Technical Corrections Act of 1994 to revise the definition of "aggravated felony." Amends the Act with regard to: (1) definitions of "child" and "parent"; (2) visa processing procedure; (3) waiver authority concerning notice of visa application denial; (4) Canadian landed immigrants; (5) H-1B nonimmigrants; (6) visa extensions; (7) status adjustment; (8) access to certain confidential INS files; (9) nonimmigrant status for spouses and children of members of the armed forces; (10) fraudulent birth certificates; (11) visa "shopping"; and (12) specified miscellaneous and technical provisions.
United States · United States Congress · 3 August 1995
Amends the Agricultural Adjustment Act of 1938 to revise peanut poundage quota, acreage allotment, and marketing provisions. Extends peanut experimental and research programs. Amends the Agricultural Act of 1949 to revise and extend the peanut price support program.
United States · United States Congress · 3 August 1995
Family Business Protection Act of 1995 - Amends the Internal Revenue Code to exclude from the gross estate, for estate tax purposes, specified portions of the adjusted value of the qualified family-owned business interests of the decedent.
United States · United States Congress · 2 August 1995
Constitutional Amendment - Requires a three-fifths majority of the whole number of each House of the Congress to pass any bill to levy a new tax or increase the rate or base of any tax. Allows the Congress to waive the requirement when a declaration of war is in effect and when the United States is engaged in military conflict that causes an imminent and serious threat to national security and is so declared by a joint resolution, adopted by a majority of the whole number of each House, that becomes law. Makes a bill passed under waiver effective for no longer than two years. Requires all votes under this amendment to be by roll call.
United States · United States Congress · 1 August 1995
Wamp Congress Act of 1995 - Amends the Federal Election Campaign Act of 1971 to: (1) place equal ($2000) contribution limits on multicandidate political committees and other persons generally; and (2) limit House of Representatives election contributions from persons other than in-State individual residents.
United States · United States Congress · 31 July 1995
Utility Consumer Service Protection Act of 1995 - Amends Federal transportation law to declare that certain requirements relating to establishing maximum driving and on-duty time for drivers of motor vehicles shall not apply to utility service vehicles or utility drivers, or employers engaged primarily in the business of providing a utility service, or to such vehicles or drivers during a utility emergency. Defines: (1) "utility service vehicle" to mean a motor vehicle that is used in any activity related to the ultimate delivery of public utility services to customers; and (2) "utility driver" to mean any employee of a utility provider or other operator of a utility service vehicle while such vehicle is being used in an activity related to the provision of a utility service.
United States · United States Congress · 27 July 1995
Equal Opportunity Act of 1995 - Prohibits discrimination or preferences in Federal employment and contracting on the basis of race, color, national origin, or sex, or entering into a consent decree requiring, authorizing, or permitting any such discrimination or preference. Prohibits construing this Act to prohibit or limit: (1) employment recruiting or encouraging contract bidding or requiring or encouraging Federal contractors to so recruit or encourage, if the recruiting or encouraging does not involve a numerical objective or otherwise granting a preference; (2) any act designed to benefit historically Black colleges or universities; (3) any action under a Federal law or treaty relating to the Indian tribes; or (4) classifications based on sex if sex is a bona fide occupational qualification reasonably necessary to the normal operation of the Government, contractor, or subcontractor, the classification is designed to protect privacy, a U.S. national security interest is involved, or the classification is applied regarding an armed forces member on active duty in a theatre of combat operations. Allows as remedies only injunctive or equitable relief (including back pay), attorney's fees, and costs.
United States · United States Congress · 21 July 1995
Private Security Officer Quality Assurance Act of 1995 - Authorizes an association of employers of private security officers (officers) to submit fingerprints or other methods of positive identification to the Attorney General for background checks of such officers. Allows the Attorney General to exchange identification and criminal history records with State governmental agencies for licensing and employment purposes. (Sec. 4) Expresses the sense of the Congress that the States should enact statutes for issuing licenses to, and reviewing security services of, employers of officers. Provides that: (1) fees on licenses of officers should compensate the State for its direct costs of implementing and enforcing the program; and (2) procedures for issuing such licenses and reviewing such security services should require employers to assign an employee to duty as an unarmed officer prior to State approval of the employee's registration as an officer only after the employer has submitted an application for a criminal records background check, initiated verification of the employee's personal references and five year employment history, and verified that the employee has successfully completed specified training requirements. Sets forth provisions regarding: (1) registration permit and training requirements; (2) waiver of preassignment screening and training requirements if the officer holds a valid registration certificate of that State or is a sworn law enforcement officer; (3) recognition of out-of-State licenses; (4) employee protection from unreasonable limitations imposed by an employer on the right to seek or obtain subsequent employment; and (5) State use of advisory boards.
United States · United States Congress · 13 July 1995
George Washington Commemorative Coin Act of 1995 - Requires the Secretary of Treasury to mint and issue five-dollar gold coins emblematic of George Washington. Mandates that the design for the coins be: (1) selected by the Secretary after consultation with the Mount Vernon Ladies' Association and the Commission of Fine Arts; and (2) reviewed by the Citizens Commemorative Coin Advisory Committee. Provides for the distribution of coin sale surcharges to the Mount Vernon Ladies' Association.
United States · United States Congress · 30 June 1995
Life Extending and Life Saving Drug Act - Amends the Federal Food, Drug, and Cosmetic Act (FDCA) to declare that the mission of the Food and Drug Administration (FDA), with regard to drugs, biological products, and devices, is to promote and protect the health of the American people. (Sec. 3) Declares that investigations to show a new drug or biological product is safe and effective shall be required to be performed using products manufactured at a full-scale commercial facility only if necessary. Mandates actions to harmonize FDCA requirements for preclinical and clinical investigations with similar foreign laws through the International Conference on Harmonization. (Sec. 4) Amends the Public Health Service Act to revise requirements regarding the regulation of biological products. Regulates tissue, blood, and blood components and derivatives separately. Mandates approval of product license applications on a demonstration that there is reasonable assurance that the product is safe and effective. Specifies license requirements. Mandates standards for tissue, blood, and blood components or derivatives. (Sec. 5) Amends the FDCA to mandate regulations regarding good manufacturing practices applicable to drugs and biological products, including establishing requirements for submissions of changes in manufacturing practices. (Sec. 6) Modifies the definition of "substantial evidence" as used in provisions relating to refusal, approval, withdrawal, or suspensions of approval of new drug applications. (Sec. 7) Allows submission for approval of a new drug based on an evaluation by a domestic nongovernmental organization following approval of the drug, after enactment of this Act, by the European Medicines Evaluation Agency, the United Kingdom Medicines Control Agency, or any competent governmental or nongovernmental organization, established to evaluate the safety and effectiveness of drugs, that meets general criteria established by the Secretary of Health and Human Services. (Sec. 8) Amends provisions relating to investigational use of new drugs to allow a clinical study of a new drug to be begun after the Secretary has received a notification containing information about the drug and the study. Limits the required contents of notifications. Allows clinical holds only on a demonstration that the drug represents an unreasonable risk to the safety of study subjects. (Sec. 9) Limits the required contents of new drug applications. Requires, with agreement of the applicant, review by contract with outside organizations or individuals. Mandates application review standards. Limits changing of advice to a sponsor or applicant. Prohibits field changes to written decisions of, or field delay of actions by, the center for drugs and the center for biologics. (Sec. 10) Authorizes a program to contract, in whole or significant part, to conduct toxicology reviews, chemistry reviews, statistical analysis, preapproval manufacturing practice inspections, clinical reviews, and any other FDA function relating to the review and approval of drugs and devices. Provides for certification of qualified individuals and laboratories. Requires approval under new drug and premarket approval provisions if the certified contractor review determines that a drug or device meets all approval requirements. Declares that review of a new drug or device or of a biological product shall not include an environmental impact review under the Environmental Quality Improvement Act of 1970. (Sec. 11) Requires FDA research relating to drugs, devices, and biological products, authorized under specified provisions of the FDCA and the Public Health Service Act, to directly relate to the review and approval of drugs, devices, and biological products. Allows the FDA, in conducting such research, to collaborate with scientific institutions and the drug and device industry. Requires any research conducted by or for the FDA to be solely related directly to the regulatory mission or professional staff development related to that mission. Limits the research to the minimum necessary to achieve those purposes. (Sec. 12) Establishes in the office of the Assistant Secretary for Health a permanent commission responsible for broad oversight of the policy and performance of the FDA. (Sec. 13) Establishes in the FDA a drug and biologics policy appeals committee, consisting of the directors and deputy directors of each of the center for drugs and the center for biologics, to hear and consider any dispute raised by an individual wishing to contest a drug or device policy matter. Mandates establishment of standing panels of qualified experts who are not Federal, State, or local government employees to hear appeals by individuals who have exhausted their informal appeals in the FDA. Requires a procedure assuring immediate access to the panel and prompt panel conclusions and recommendations. (Sec. 14) Revises requirements regarding a food, drug, device, or cosmetic intended for export, including regarding new drugs and biological products. Repeals provisions relating to exports of certain unapproved products.
United States · United States Congress · 30 June 1995
Independent Contractor Tax Simplification Act of 1995 - Amends the Internal Revenue Code to provide that, for purposes of determining the employment status of individuals as employees, a service provider shall not be treated as an employee, a service recipient shall not be treated as an employer, and a payor shall not be treated as an employer if: (1) a service provider has a significant investment in assets and training, incurs significant unreimbursed expenses, agrees to perform the service for a specified amount of time or to complete a specific result and is responsible for damages for early termination without cause, receives payment primarily on a commission basis, or has purchased resale products; (2) the service provider has a principal place of business, does not primarily provide service in the service recipient's place of business, or pays a fair market rent for use of the recipient's place of business or does not have to perform service only for the service recipient and, in the current year or in the proceeding or subsequent years, has performed or has offered to perform a significant amount of service for other persons; and (3) the services by an individual are performed according to a written contract between the service recipient or payor which provides that the individual will not be treated as an employee.
United States · United States Congress · 28 June 1995
Parental Rights and Responsibilities Act of 1995 - Prohibits any Federal, State, or local government or any official of such a government from interfering with or usurping the right of a parent to govern the upbringing of a child of the parent. Disallows any exception to this Act unless the government or official is able to demonstrate, by appropriate evidence, that such interference or usurpation is valid to accomplish a compelling government interest, in which case only the least amount of interference may be used.
United States · United States Congress · 22 June 1995
TABLE OF CONTENTS: Title I: Deterrence of Illegal Immigration Through Improved Border Enforcement and Pilot Programs Subtitle A: Improved Enforcement at Border Subtitle B: Pilot Programs Title II: Enhanced Enforcement and Penalties Against Alien Smuggling; Document Fraud Subtitle A: Enhanced Enforcement and Penalties Against Alien Smuggling Subtitle B: Deterrence of Document Fraud Subtitle C: Asset Forfeiture for Passport and Visa Offenses Title III: Inspection, Apprehension, Detention, Adjudication, and Removal of Inadmissible and Deportable Aliens Subtitle A: Revision of Procedures for Removal of Aliens Subtitle B: Removal of Alien Terrorists Subtitle C: Deterring Transportation of Unlawful Aliens to the United States Subtitle D: Additional Provisions Title IV: Enforcement of Restrictions Against Employment Title V: Reform of Legal Immigration System Subtitle A: Worldwide Numerical Limits Subtitle B: Changes in Family-Sponsored and Employment- Based Preference System Subtitle C: Refugees, Asylees, Parole, and Humanitarian Admissions Subtitle D: Effective Dates; Transition Provisions Title VI: Restrictions on Benefits for Illegal Aliens Subtitle A: Eligibility of Illegal Aliens for Public Benefits Subtitle B: Expansion of Disqualification from Immigration Benefits on the Basis of Public Charge Subtitle C: Attribution of Income and Affadavits of Support Title VII: Facilitation of Legal Entry Title VIII: Miscellaneous Immigration in the National Interest Act of 1995 - Title I: Deterrence of Illegal Immigration Through Improved Border Enforcement and Pilot Programs - Subtitle A: Improved Enforcement at Border - Increases: (1) the Border Patrol; and (2) Immigration and Naturalization Service (INS) border enforcement and related personnel. (Sec. 102) Provides for improved border crossing cards, equipment, and crossing barriers, including authorization of appropriations for fencing and road improvements in the border area near San Diego, California. (Sec. 105) Amends the Immigration and Nationality Act (Act) to establish civil penalties for illegal U.S. entry. Subtitle B: Pilot Programs - Establishes pilot programs for: (1) interior repatriation of inadmissible or deportable aliens; (2) use of closed military bases to detain inadmissible or deportable aliens; and (3) collection of alien departure records. Title II: Enhanced Enforcement and Penalties Against Alien Smuggling; Document Fraud - Subtitle A: Enhanced Enforcement and Penalties Against Alien Smuggling - Amends Federal criminal law to: (1) authorize wiretaps in alien smuggling investigations; and (2) include alien smuggling offenses under the purview of the Racketeer Influenced and Corrupt Organizations (RICO) provisions. (Sec. 203) Amends the Act to: (1) expand INS forfeiture authority for smuggling or harboring illegal aliens; and (2) increase criminal penalties for alien smuggling. (Sec. 205) Increases the number of Assistant United States Attorneys and provides for their assignment to criminal matters involving illegal aliens. Subtitle B: Deterrence of Document Fraud - Amends Federal criminal law and the Act to increase and establish criminal and civil penalties for specified immigration related document fraud offenses. Subtitle C: Asset Forfeiture for Passport and Visa Offenses - Amends Federal criminal law to provide for asset forfeiture for passport and visa offenses. Title III: Inspection, Apprehension, Detention, Adjudication, and Removal of Inadmissible and Deportable Aliens - Subtitle A: Revision of Procedures for Removal of Aliens - Amends the Act to revise alien removal provisions. Subtitle B: Removal of Alien Terrorists - Part 1: Removal Procedures for Alien Terrorists - Amends the Act to establish a special removal procedure for terrorists, including the designation by the Chief Justice of the United States of a special removal court. Part 2: Exclusion and Denial of Asylum for Alien Terrorists - Amends the Act to make membership in a terrorist organization a ground for U.S. exclusion. (Sec. 332) Denies asylum, status adjustment, and deportation relief to alien terrorists. Subtitle C: Deterring Transportation of Unlawful Aliens to the United States - Amends the Act with regard to vessel and aircraft transportation of illegal aliens into the United States. Subtitle D: Additional Provisions - Amends the Act to impose civil penalties upon an alien subject to an order of removal who fails to depart. (Sec. 358) Authorizes additional appropriations for removal of illegal aliens. (Sec. 359) Establishes in the Treasury an Immigration Enforcement Account. Title IV: Enforcement of Restrictions Against Employment - Increases full-time employee positions in: (1) the Investigations Division of INS; and (2) the Wage and Hour Division of the Employment Standards Administration of the Department of Labor. (Sec. 403) Amends the Act to revise the employer sanctions program. Title V: Reform of Legal Immigration System - Subtitle A: Worldwide Numerical Limits - Amends the Act to revise legal immigration categories and numerical limitations. (Sec. 504) Requires periodic congressional review and reauthorization of worldwide immigration levels. Subtitle B: Changes in Preference System - Amends the Act to revise the immigration preference system. Subtitle C: Refugees, Asylees, Parole, and Humanitarian Admissions - Amends the Act to revise annual refugee admissions and asylee adjustment provisions. (Sec. 523) Authorizes the temporary employment of certain retirees to help reduce asylum application backlogs. (Sec. 524) Limits parole entry to a case-by-case basis for humanitarian or significant public benefit reasons. Subtitle D: General Effective Date; Transition Provisions - Sets forth transition provisions for specified classification status petitions. Title VI: Restrictions on Benefits for Illegal Aliens - Subtitle A: Eligibility of Illegal Aliens for Public Benefits - Part 1: Public Benefits Generally - Makes illegal aliens ineligible (with specified exceptions) for public assistance, contracts, and licenses. (Sec. 602) Makes unauthorized aliens ineligible for unemployment benefits. Part 2: Earned Income Credit - Amends the Internal Revenue Code to deny the earned income tax credit to individuals not authorized to work in the United States. Subtitle B: Expansion of Disqualification from Immigration Benefits on the Basis of Public Charge - Amends the Act to revise public charge grounds for inadmissibility and deportability. Subtitle C: Attribution of Income and Affidavits of Support - Attributes a sponsor's income and resources to a family-sponsored immigrant for purposes of eligibility for Federal means-tested public benefits programs. (Sec. 632) Amends the Act to set forth sponsor affidavit of support requirements. Title VII: Facilitation of Legal Entry - Provides for: (1) increased numbers of land border inspectors; and (2) border infrastructure improvements. (Sec. 703) Amends the Act to provide for: (1) preinspection at specified foreign airports; and (2) training of airline personnel in fraudulent document detection. Establishes a carrier consultant program. Title VIII: Miscellaneous Provisions - Amends the Act, as amended by the Immigration and Nationality Technical Corrections Act of 1994 to revise the definition of "aggravated felony." Amends the Act with regard to: (1) definitions of "child" and "parent"; (2) visa processing procedure; (3) waiver authority concerning notice of visa application denial; (4) Canadian landed immigrants; (5) H-1B nonimmigrants; (6) visa extensions; (7) status adjustment; (8) access to certain confidential INS files; (9) nonimmigrant status for spouses and children of members of the armed forces; (10) fraudulent birth certificates; and (11) specified miscellaneous and technical provisions.
United States · United States Congress · 16 June 1995
TABLE OF CONTENTS: Title I: Abolition of Department of Education Title II: Education Program Subtitle A: Elementary and Secondary Education Subtitle B: Conforming Amendments to the Individuals with Disabilities Education Act Subtitle C: Higher Education Programs Subtitle D: Miscellaneous Provisions Title III: General Provisions Title IV: Statements of Policy Back to Basics Education Reform Act - Eliminates the Department of Education and redefines the Federal role in education. Title I: Abolition of Department of Education - Abolishes the Department of Education. (Sec. 102) Establishes (and sunsets) an Office of Economic Opportunities in the Department of Health and Human Services. Provides that the Office shall be: (1) headed by a Director for Economic Opportunities, who shall be appointed by the President and confirmed with the advice and consent of the Senate; and (2) administered under the supervision and direction of the Assistant Secretary for the Administration for Families and Children. Transfers Department of Education functions to the Office. Abolishes the Office and all of its functions upon the expiration of the authorization for the programs under its jurisdiction. (Sec. 103) Directs the Secretary of Health and Human Services to appoint as principal officers of the Office: (1) an Assistant Director of Childhood Schooling; and (2) an Assistant Director of Advanced Schooling. (Sec. 104) Allows the Secretary of Education to serve as Director of the Office until an individual is appointed to such position or until the end of a 120-day period, whichever is earlier. (Sec. 105) Authorizes the Secretary of Health and Human Services, as is necessary or appropriate, to: (1) allocate or reallocate any function of the Office among its officers; and (2) consolidate, alter, or discontinue in the Office any organizational entities that were entities of the Department of Education. Prohibits transfer of any function or personnel of the Office to any agency outside of the Office. (Sec. 106) Directs the President to submit to the Congress a plan for winding up the affairs of the Department of Education in accordance with this Act. (Sec. 107) Directs the Comptroller General to submit to the Congress a report with recommendations for the most efficient means of achieving, in accordance with this Act: (1) the complete abolition of the Department of Education; and (2) the termination, transfer, or other continuation of functions of the Department of Education. (Sec. 110) Limits Federal expenditures in each fiscal year for the administration of a function transferred by this Act to not more than 70 percent of the total amount expended for the administration of that function during fiscal year 1995. Title II: Education Programs - Subtitle A: Elementary and Secondary Education - Chapter 1: Elementary and Secondary Education Block Grant - Authorizes the Director of the Office to provide an elementary and secondary education block grant to the Governor of each State that complies with specified requirements. (Sec. 202) Authorizes such block grant program, and sets forth provisions for State eligibility, general State requirements, amount of State allotment, local fiscal accountability, and participation of children enrolled in private schools. (Sec. 209) Authorizes appropriations. Chapter 2: Other Elementary and Secondary Education Programs - Repeals: (1) titles I, II, III, IV, V, VI, VII, X, XI, XII, XIII, XIV, and parts B and C of title IX of the Elementary and Secondary Education Act of 1965 (ESEA); (2) the Goals 2000: Educate America Act; (3) the School-to-Work Opportunities Act; (4) specified provisions of the General Education Provisions Act; and (5) the National Education Statistics Act of 1994. Amends ESEA provisions relating to impact aid. Requires that impact aid programs provided under title VIII of ESEA be administered by the Department of Defense through the Assistant Secretary for Force Management Policy. Provides that Indian education programs under part A of title IX of ESEA shall be administered by the Department of the Interior through the Assistant Secretary for Indian Affairs. Subtitle B: Conforming Amendments to the Individuals with Disabilities Education Act - Amends the Individuals with Disabilities Education Act (IDEA) to transfer authority from the Department and Secretary of Education to the Department and Secretary of Health and Human Services. (Sec. 212) Amends IDEA definitions of excess costs and of native language. (Sec. 213) Transfers of IDEA administering authority to the Office. (Sec. 214) Revises IDEA provisions relating to outreach services for certain institutions of higher education. Subtitle C: Higher Education Programs - Chapter 1: Elimination and Reduction of Programs - Repeals the Higher Education Act of 1965, with exceptions for its short title and provisions relating to Pell Grants, the Federal Family Education Loan Program, Perkins Loans, needs analysis, certain general provisions, definitions, and the program integrity triad. (Sec. 221) Provides that such repeal of HEA provisions shall not affect Federal authority to collect loans. Discontinues Federal contributions for FY 1997 or any succeeding year to student loan funds established under Perkins Loans provisions of HEA. Limits Federal funds for Howard University under specified Federal law and the Howard University Endowment Act to: (1) specified maximum amounts and uses in fiscal years through FY 2000; and (2) nothing for FY 2001 and thereafter. (Sec. 222) Amends the Congressional Budget Act to revise the Federal Credit Reform Act with respect to defining the cost of a direct loan. (Sec. 223) Amends HEA to provide for the sale of Federal Direct Student Loan (FDSL) loan portfolios. (Sec. 224) Makes a statement of policy that the Federal student loan programs should be reviewed to evaluate whether reforms need to be made based on the principles of risk sharing, market-based orientation, privatization, and deregulation. (Sec. 225) Eliminates in-school interest subsidies under HEA guaranteed loan programs. Chapter 2: Higher Education Block Grant - Authorizes block grants to States to assist institutions of higher education to improve access to higher education and the quality of educational programs. (Sec. 232) Sets forth such block grant program provisions for distribution of funds, State assurances, use of funds, and public disclosure. (Sec. 236) Authorizes appropriations. Subtitle D: Miscellaneous Provisions - Provides that nothing in this Act shall be construed to affect continued funding for Gallaudet University, the American Printing House for the Blind, or the National Institute for the Deaf at FY 1995 levels through FY 2000. (Sec. 242) Directs the Secretary of Health and Human Services to: (1) consult with the Congress before issuing regulations regarding the grants under chapter 1 of subtitle A and chapter 2 of subtitle C of this title; and (2) issue only regulations necessary for the timely distribution of such funds to the States. (Sec. 243) Directs the Secretary of Health and Human Services to provide for a consolidated application for grants under chapter 1 of subtitle A and chapter 2 of subtitle C of this title. Requires that consolidated applications also be permitted at the local level. (Sec. 244) Limits the amount that is authorized to be appropriated for programs under chapter 2 of subtitle A, subtitle B, and chapter 1 of subtitle C to not more than the amount appropriated for such programs for FY 1995. Requires that such programs be authorized through FY 2000. (Sec. 245) Provides that nothing in this title shall be construed to affect the applicability of civil rights laws relating to any program established, transferred, or consolidated under this Act. Sets forth education-related civil rights enforcement and reporting duties of the Secretary of Health and Human Services, the Director of the Office of Civil Rights of the Department of Health and Human Services, and the Assistant Attorney General in charge of the Civil Rights Division of the Department of Justice. Title III: General Provisions - Sets forth requirements relating to certain references, exercise of authorities, savings provisions, transfer of assets, delegation and assignment, authority of the Office of Management and Budget with respect to functions transferred, and proposed changes in law. Title IV: Statements of Policy - Sets forth statements of policy regarding: (1) Federal education funding (review and evaluation as to the feasibility of further enhancing the ability of States and local communities to fund education by reducing the Federal tax burden and commensurately eliminating Federal Government involvement in providing grants for education programs); (2) job training programs (review and transfer all those under jurisdiction of the Department of Education to the Department of Labor and consolidate them into one or more block grants); and (3) Indian education (review programs transferred to the Department of the Interior to ensure that they benefit Native American children who live on reservations).
United States · United States Congress · 15 June 1995
Natural Disaster Protection Partnership Act of 1995 - Amends the Robert T. Stafford Disaster Relief and Emergency Assistance Act (the Act) to: (1) require a State to pay or agree to pay at least five dollars per resident, as determined by the latest official census, before such State or local government receives Federal assistance for the repair, restoration, reconstruction, or replacement of public facilities damaged or destroyed by a major disaster in the State; and (2) revise the formula used to determine the Federal share of such assistance as well as the Federal share for debris and wreckage removal from publicly and privately owned lands resulting from such disaster. Allows an increase of such assistance only upon the enactment of a joint resolution not designated as an emergency under provisions of the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act). (Sec. 5) Adds provisions concerning disaster mitigation. Requires the Director of the Federal Emergency Management Agency to establish and carry out natural disaster hazard mitigation (mitigation) programs that support natural disaster research, technology, and education. Gives the effect of law to a specified executive order relating to earthquake design and construction standards for federally leased, assisted, or regulated buildings. Requires the Director to enter into an arrangement with the National Academy of Sciences to study and report to the Congress on the feasibility of establishing: (1) national minimum building construction standards for residential and commercial building construction; and (2) standards for the training and licensing of home inspectors and for using such inspections as a means of promoting mitigation for residential property. Requires the Director to define which States should be classified as natural disaster-prone for purposes of the Act. Requires each natural disaster-prone State to either: (1) adopt multihazard building and safety codes for all new and substantially modified building construction in that State; or (2) certify that the State's local communities have adopted and are enforcing building codes which meet the appropriate minimum mitigation requirements of that State. Requires each State designated as flood-prone to either adopt relevant flood protection standards or certify that its flood-prone local communities are in compliance with appropriate State flood protection standards. Requires each natural disaster-prone State to either develop a multihazard mitigation plan or designate an existing plan which includes specified compliance and response requirements. Outlines provisions concerning State compliance with the establishment, adoption, and implementation of appropriate mitigation plans. Provides penalties for noncompliance. Requires the Director, after crediting premiums from the Natural Disaster Insurance Corporation (established under this Act), to allocate funds from a Mitigation Account (established under this Act) to States which comply with all mitigation requirements under this Act. Provides an allocation formula. Requires such funds to be used to support mitigation activities, especially those necessary to bring a State into compliance with building and safety code requirements enumerated under this Act. Requires audits of fund uses. Exempts a State, under specified conditions, from a particular mitigation requirement if it receives inadequate funds from the Account to cover the costs of complying with such requirement. Encourages each private insurer that participates in the Natural Disaster Insurance Corporation to take mitigation measures into account in setting rates and deductibles for its property insurance. Establishes the Natural Disaster Insurance Corporation as a not-for-profit membership corporation to provide primary insurance coverages and reinsurance coverage for hurricanes, earthquakes, volcanic eruptions, and tsunamis. Requires the Corporation's Board of Directors (Board) to: (1) develop a plan of operation describing the Corporation's administration and the provision of the insurance coverages it provides; and (2) develop and adjust, when necessary, actuarially sound rates for such coverages. Establishes an independent Natural Disaster Insurance Board of Actuaries (Independent Board) to review and approve such plan and rates. Requires the Board to file with each State insurance regulator information copies of the initial material and future revisions to its insurance rates, terms, or conditions. Requires the Corporation to establish and maintain a: (1) primary insurance coverage trust account to pay qualifying claims and loss adjustments expenses to private insurers acting as service providers of the primary insurance coverages; and (2) reinsurance coverage trust account to pay qualifying claims to private insurers which purchased such coverage. Outlines provisions concerning the Corporation's use of funds from other accounts and funds to pay for losses in excess of trust account funds or funds raised by issuing obligations in the private market (requiring repayment of funds borrowed from such accounts or funds). Requires the trust accounts to be kept separate. Prohibits: (1) the borrowing of monies between such accounts; and (2) the authorization or appropriation of Federal funds for Corporation activities. Requires the Comptroller General to audit and report to the Congress on Corporation and Independent Board activities. Requires the Corporation to: (1) issue primary insurance coverages that insure against physical damages and losses to residential property, including debris removal, additional living expenses incurred as a result of direct damage to such property, and ordinance and law coverages, resulting from the natural disasters enumerated in this Act that meet specified terms and conditions; and (2) make, under certain conditions, excess reinsurance coverage available to private insurers and State insurance pools for residential losses (including quota-share amounts retained by the private insurers under this Act not already insured by the Corporation under the primary insurance coverage policies) and commercial losses that are proximately caused by specified natural disaster perils. Prohibits making or renewing any federally-related mortgage loan secured by residential property located in an earthquake, volcanic eruption, tsunami, or hurricane-prone State unless the property is covered by: (1) primary insurance coverages; or (2) coverage issued by a private insurer which has equivalent terms, conditions, and rates as such coverages for seismic perils and that meets such terms and conditions as those required for the hurricane peril. Provides an escrow requirement with respect to insurance premiums for such coverage. Outlines requirements that must be met by residential property owners in natural disaster-prone States before the owners can receive any financial assistance under the Act or any similar Federal disaster assistance. Requires the Director and the Corporation to jointly report to the Congress on any additional sanctions or other measures deemed necessary to assure that policyholders purchase Federal flood insurance pursuant to the National Flood Insurance Act of 1968. Requires private insurers which exclude coverage for physical damage caused by flooding to include in the contract a specified warning statement to that effect (or an appropriate alternative warning statement). Establishes in the Treasury the Natural Disaster Protection Fund. Establishes within the Fund a separate Private Loss Account, Public Loss Account, and Mitigation Account. Requires the three accounts to be kept separate and prohibits the borrowing of monies between them. Requires the Private Loss Account to provide direct Federal loans to cover shortfalls in the Corporation's primary insurance and reinsurance accounts. Requires the Public Loss Account to: (1) retain reserve funds sufficient to cover the anticipated costs resulting from natural disasters up to the annual ten-year historical average of disaster relief provided by the Director; and (2) provide grants to States for the repair or restoration of critical facilities and lifelines, public facilities, and infrastructure damaged or destroyed by natural disasters and for pre-natural disaster mitigation. Allows the Federal share of such grants to be increased only upon the enactment of a joint resolution not designated as an emergency under provisions of the Balanced Budget and Emergency Deficit Control Act of 1985. Requires: (1) the Mitigation Account to provide funds to States for appropriate mitigation efforts described in this Act; and (2) the Corporation to pay a specified percentage of the annual net premiums collected for the primary insurance coverages and the reinsurance coverages for mitigation purposes. Provides for appropriate transfers and credits to the Public Loss Account and the Mitigation Account. Authorizes appropriations to such Accounts.
United States · United States Congress · 14 June 1995
Safety and Health Improvement and Regulatory Reform Act of 1995 - Amends the Occupational Safety and Health Act of 1970 (OSHA) to revise provisions for OSHA standards. Requires promulgation and modification of such standards to be based of certain analyses and criteria, including a specified type of regulatory impact analysis, as well as a risk assessment and a cost-benefit analysis which are industry-specific. (Sec. 2) Repeals provisions for separate rules for toxic materials or harmful physical agents. Deems a variance to have been issued as of the date the application for it was filed,if the Secretary has failed to approve or disapprove such application within 90 days of such filing (unless the Secretary of Labor and the applicant agree to a longer period). Sets forth requirements relating to such regulatory impact analyses (both a preliminary and a final one), risk assessments, and cost-benefit analyses. Directs the Secretary, within seven years of the effective date of this Act, to review each OSHA standard in effect as of such effective date under specified criteria, and to modify or revoke such standards as appropriate. Allows each person affected by a promulgated OSHA standard to petition the Secretary to modify or revoke such standard pursuant to this review process. Sets forth substantive and procedural requirements relating to such provisions. Repeals the mandate that, in determining the priority for establishing OSHA standards, the Secretary give due regard to: (1) the urgency of the need for such standards for particular industries, trades, crafts, occupations, businesses, workplaces, or work environments; and (2) the recommendations of the Secretary of Health and Human Services regarding such need. Directs the Secretary, upon determining that a rule should be promulgated or modified to serve OSHA objectives, to appoint an independent and external peer review panel to review the scientific and economic data which forms the basis for such standard and such data's relevance to industries and workers that would be affected by it. (Sec. 3) Revises provisions for notices of violations and citations. Directs the Secretary to give notices of violations, with specified periods for abatement (at least 30 days, except that a reasonable shorter period may be ordered if the condition constitutes a direct threat to employees). Authorizes the Secretary to issue citations after a follow-up inspection if the violation remains and the abatement period has expired. Provides that such notice of a violation before issuance of a citation shall not be required in cases of alleged violations causing death or serious injury, or constituting an imminent danger, to an employee. (Sec. 4) Directs the Secretary to establish an office to promote, administer, and coordinate the following worksite-based incentives programs and activities. Exempts from general OSHA inspections workplaces which: (1) the employer certifies have been reviewed under a Federal-State consultation services program or a workplace review provided by a certified person; or (2) the Secretary chooses to certify as having significant involvement of their employees in their safety and health program. Directs the Secretary to establish programs to: (1) certify persons to conduct such reviews; (2) give special recognition (including exemption from random OSHA inspections) to worksites, companies, and other organizations which have implemented particularly effective programs addressing occupational safety and health in the workplace; and (3) provide education, training, and technical assistance to employers and employees in providing safe and healthful workplaces and complying with OSHA requirements. Reserves at least one-half of the annual appropriation under OSHA for such worksite-based incentives programs, effective in the first fiscal year beginning three years after the effective date of this Act. (Sec. 5) Makes certain restrictions under the National Labor Relations Act and the Railway Labor Act inapplicable to employee participation on certain committees, teams, or other arrangements dealing with employers concerning health and safety of working conditions or related matters. (Sec. 6) Revises provisions for inspections. Revises provisions relating to employee requests for inspections to: (1) eliminate such requests by employee representatives; and (2) make a special inspection discretionary rather than mandatory, while having the Secretary make an inquiry with the employer, upon determination that there are reasonable grounds that the alleged violation or danger exists and that the employer has failed to correct it. Requires that certain inspections be conducted by at least one individual who has technical expertise by training or experience in the industry or types of hazards being inspected. Directs the Secretary to: (1) enter into agreements with other Federal agencies and with States to train inspection personnel of agencies which inspect employers to inspect places of employment to determine if employee fire protection is adequate; and (2) establish a system for referral of fire hazards to the Secretary after notification to the employer, if the employer fails to take corrective actions. Prohibits the Secretary from conducting routine inspections of (or enforcing any OSHA standard, rule, regulation, or order with respect to): (1) any person engaged in a farming operation that does not maintain a temporary labor camp and is employing ten or fewer employees; and (2) any employer of not more than 50 employees that has an occupational injury or a lost work day rate less than the national average. Sets forth certain exceptions from such exemption. (Sec. 7) Adds employer defenses of employee misconduct, or alternative safe methods, or other inconsistent or conflicting requirements. (Sec. 8) Revises OSHA penalties. Eliminates provisions relating to willful and repeated violations. Directs the Occupational Safety and Health Review Commission to: (1) assess all civil penalties, giving due consideration to their appropriateness with respect to specified factors; and (2) not assess a penalty greater than that proposed by the Secretary. Allows reduction of a civil penalty by the cost to the employer of correcting the violation. Authorizes the Secretary to propose that a special assessment penalty of up to ten times greater be applied in the circumstances of employee fatalities, or an excessive history of serious injuries to employees, caused by violations of certain OSHA standards. Prohibits penalties where no standard or regulation exists. Provides for jurisdiction for prosecution under State and local criminal laws. (Sec. 9) Revises enforcement procedures with respect to Commission review of the Secretary's citations or proposed penalties for employers. Revises judicial review provisions to require upholding, if reasonable, of the Commission's conclusions of law with respect to the construction of OSHA, or regulations, rules, standards, or orders adopted under OSHA. Increases Commission membership from three to five, and quorums from two to three members. Requires at least one Commission member to have expertise or experience in mining. Revises provisions for Commission hearings and records to provide that, if the parties so agree, there shall not be required any formal proceedings, including requests for production of documents or requests for admissions, interrogatories, or depositions. (Sec. 10) Repeals OSHA provisions for: (1) the National Institute of Occupational Safety and Health (NIOSH), thus abolishing it; (2) NIOSH research and related activities; and (3) NIOSH training and employee education activities. (Sec. 11) Repeals OSHA provisions relating to the already terminated National Commission on State Workmen's Compensation Laws. (Sec. 12) Revises OSHA conditions for approval of State plans. Makes certain conditions inapplicable if the State has adopted alternative performance measures to assure that its program is at least as effective as the Federal program in assuring safe and healthful employment and places of employment. (Sec. 13) Revises procedures for discrimination protection for whistle-blowers under OSHA. (Sec. 14) Provides for OSHA coverage of Federal agencies. (Sec. 15) Repeals provisions for separate occupational safety and health programs for Federal agencies. (Sec. 16) Authorizes employers to establish alcohol and substance abuse testing programs where there is a reasonable probability that any employee's safety or health could be endangered because of use of alcohol or a controlled substance in the workplace. Requires such programs to conform to specified Federal guidelines. Allows employer pre-employment testing for alcohol or substance abuse under specified circumstances. Authorizes the Secretary to test employees for use of alcohol or controlled substances during any investigation of a work-related fatality or serious injury. (Sec. 17) Repeals titles I, II, III, and V of the Federal Mine Safety and Health Act of 1977 (FMSHA). Transfers the functions, responsibilities, and authorities of: (1) the Mine Safety and Health Administration to the Assistant Secretary of Labor for Occupational Safety and Health; and (2) the Federal Mine Safety and Health Review Commission to the Occupational Safety and Health Review Commission. Deems FMSHA standards to have been promulgated under OSHA. Prohibits the Secretary from enforcing any other standards promulgated prior to the effective date of this Act, with respect to activities, conditions, or processes which were subject to FMSHA. Repeals specified parts of the Code of Federal Regulations (CFR). Prohibits requirements of a specified part of CFR from being enforced with respect to any sand, gravel, surface stone, surface clay, colloidal phosphate, or surface limestone mine. Establishes OSHA requirements for mine safety inspections, enforcement orders, and penalties. Requires the National Mine Health and Safety Academy to be: (1) maintained as an agency of the Department of Labor; and (2) responsible for training of mine safety and health inspectors and technical support personnel, and for any other training programs for mine inspectors, mining personnel, or other personnel designated by the Secretary. (Sec. 18) Revises specified OSHA provisions for recordkeeping, reporting, and statistics. (Sec. 19) Adds definitions of the terms "serious injury" and "industry." (Sec. 20) Directs the Secretary to: (1) report annually to the Congress regarding activities under OSHA, including recommendations to avoid unnecessary duplication and to achieve coordination with other Federal laws; and (2) provide for a means for certification of equipment safety, to be conducted by nongovernmental agencies, unless such agencies with professional or technical personnel or materials and equipment are not available.
United States · United States Congress · 7 June 1995
Black Revolutionary War Patriots Commemorative Coin Act - Directs the Secretary of the Treasury to mint and issue one-dollar silver coins emblematic of the Black Revolutionary War Patriots Memorial in Washington, D.C. Directs that coin sale surcharges be paid to the Black Revolutionary War Patriots Foundation for raising an endowment to support construction of the Memorial.
United States · United States Congress · 7 June 1995
Prohibits the Secretary of the Interior from expending any funds for preparation, conduct, preleasing, and leasing activities with respect to an oil or gas lease sale on any lands of the Outer Continental Shelf between the seaward boundary between the States of Connecticut and Rhode Island and the seaward boundary between the States of North Carolina and South Carolina.
United States · United States Congress · 7 June 1995
Commends the Police Athletic League for establishing a bond between youth and police officers and for contributing to the national effort to prevent crime.
United States · United States Congress · 25 May 1995
Patent Application Publication Act of 1995 - Requires each patent application, except applications for design patents and provisional applications, to be published as soon as possible after 18 months from the earliest filing date for which a benefit is sought, except for an application that is no longer pending or one subject to a secrecy order. Permits earlier publication at the applicant's request. Prohibits disclosure of information concerning published applications except as determined by the Commissioner of Patents. Prohibits, upon request by certain independent inventors, the publication of rejected applications, with specified exceptions, until three months after the Commissioner notifies the applicant. Requires the applicant to certify that no application was or will be filed for the invention in a foreign country. Entitles a patent application to claim the benefit of an earlier filing date in a foreign country if a claim therefor and a certified copy of the original foreign application, specification, and drawings upon which it is based are filed in the Patent and Trademark Office (PTO) at any such time during the pendency of the application as is required by the Commissioner. Allows the Commissioner to consider the failure of the applicant to file a timely claim for priority as a waiver of any such claim. Authorizes the Commissioner to determine the time period within which an amendment containing the specific reference to an earlier filed application shall be submitted. Specifies that a patent shall include the right to obtain a reasonable royalty from any person who, during the period from publication of the application until issue of the patent: (1) makes, uses, or sells in the United States the invention as claimed in the published application or imports such an invention into the United States, or if the invention as claimed in the published application is a process, uses or sells in or imports into the United States products made by that process as claimed in such application; and (2) had actual notice or knowledge of the published patent application. Makes the right to obtain a reasonable royalty unavailable unless the invention claimed in the patent is identical to that claimed in the published application. Specifies the commencement date of the period for obtaining a royalty based upon the international publication of an international application designating the United States. Revises Federal patent law to provide that a person shall not be entitled to a patent if the invention was described in a published patent application by another filed in the United States, or in a published international application, before the invention thereof by the applicant. Directs the Commissioner to recover the cost of early publication by adjusting the filing, issue, and maintenance fees by charging a separate publication fee, or by any combination of such fees. Provides for the extension of the term of a patent the issue which is delayed due to an unusual administrative delay by the PTO. Limits the total duration of all extensions to ten years. Reduces the extension period equal to the time during the processing or examination of the application leading to the patent in which the applicant failed to engage in reasonable efforts (current law provides a reduction for lack of due diligence) to conclude processing or examination of the application. Prohibits the extension of a patent the term of which has been disclaimed beyond the expiration date of the disclaimer.
United States · United States Congress · 25 May 1995
Amends the Migrant and Seasonal Agricultural Worker Protection Act to provide that where State workers' compensation laws are applicable and provide coverage for a migrant or seasonal agricultural worker, workers' compensation benefits shall be the exclusive remedy for actual damages for loss from an injury or death of such a worker for all cases in which a final judgment has not been entered. Provides that this does not preclude recovery for statutory damages or an injunction under such Act.
United States · United States Congress · 24 May 1995
Homesteading and Neighborhood Restoration Act of 1995 - Directs the Secretary of Housing and Urban Development to make equal grants to Habitat for Humanity International and other national or regional organizations or consortia for the construction of new, safe, and sanitary dwellings in the United States, including land acquisitions and infrastructure improvement. Amends the Housing Act of 1949 to extend the time period in which the Secretary is authorized to insure and make commitments to insure loans made under the multifamily rural housing program. Allows any interest in the ownership of a project for which a loan is made or insured under to be transferred only if the Secretary determines that such a transfer would be in the best interest of the tenants of the housing. Repeals provisions which prohibit the Secretary from denying loans because an area is excessively remote. Requires the Secretary to establish objective procedures to identify the counties and communities that have the greatest need for rental housing assistance and designate those counties and communities to receive assistance. Amends the Housing Act of 1949 to deny equity loans to extend low income use unless the Secretary determines that other incentives available are not adequate to provide a fair return on the investment of the borrower, to prevent prepayment of the loan, or to prevent displacement of tenants of the housing for which the loan was made. Authorizes the Secretary to make commitments to nonprofit organizations, an agency or body of any State government, or a private entity to guarantee loans from lenders approved by the Secretary for the development costs of housing and related facilities that consists of five or more adequate dwellings available for occupancy only by low or moderate income families or persons, and will remain available according to commitments required by the Secretary. Terminates guarantee authority after September 30, 1995. Authorizes appropriations.
![Official portrait of Rep. Heineman, Frederick K. (Fred) [R-NC-4]](https://www.congress.gov/img/member/h000452_200.jpg)