United States · United States Congress · 24 May 1995
TABLE OF CONTENTS: Title I: Organization of Corporation Title II: Business of Corporation Title III: Provisions Relating to Government National Mortgage Association and Office of Federal Housing Enterprise Oversight Title IV: FHA Improvements Federal Mortgage Insurance Corporation Charter Act - Title I: Organization of Corporation - Establishes the Federal Mortgage Insurance Corporation (the Corporation) as a tax-exempt, self-supporting, wholly owned Government corporation to promote the single family housing market through expanded opportunities for full mortgage insurance and housing credit. (Sec. 104) Charges the Director of the Office of Federal Housing Enterprise Oversight (OFHEO) with regulatory supervision over the financial safety and soundness of the Corporation. Requires the Corporation to submit an annual budget and business plan to OFHEO. (Sec. 109) Places the Corporation within the purview of the Inspector General of the Department of Housing and Urban Development. Requires the Corporation to establish an annual business plan for review by the Congress and the President. (Sec. 112) Directs the Comptroller General to report to the President and the Congress on the impact upon the Corporation of statutory limitations and safety and soundness requirements. (Sec. 113) Authorizes appropriations in an amount each fiscal year equal to the amount of net income from Corporation operations. Title II: Business of Corporation - Limits Corporation authority to provide mortgage insurance or credit enhancement to property that is a one- to four-family dwelling located in the United States. (Sec. 202) Prescribes guidelines for the Corporation to implement a mortgage insurance program under the same statutory limitations applicable to family dwellings carried out by the Secretary of Housing and Urban Development. Prescribes guidelines under which the Secretary shall transfer to the Corporation all assets and obligations relating to the mortgage insurance program for family dwellings. Sets a termination date for the Secretary's mortgage insurance authority. (Sec. 203) Authorizes the Corporation to: (1) provide full mortgage insurance for family dwellings that is not subject to the National Housing Act strictures; and (2) engage in any other method of enhancing credit for mortgages involving family dwellings. (Sec. 204) Subjects the Corporation to certain limitations on business activity. Title III: Provisions Relating to Government National Mortgage Association and Office of Federal Housing Enterprise Oversight - Amends the National Housing Act to make technical changes reflecting the provisions of this Act. (Sec. 302) Amends the Housing and Community Development Act of 1992 to provide for the supervision and regulation of the Corporation. Vests the OFHEO Director with exclusive supervisory and regulatory authority over the safety and soundness of the Corporation, including a mandate to review any proposed new business activity to determine any potential for undercapitalization. Sets forth the Director's supervisory and enforcement parameters. Title IV: FHA Improvements - Amends the National Housing Act to: (1) modify the mortgage insurance eligibility formula for family dwellings; and (2) prescribe guidelines under which the Secretary may delegate the authority to insure mortgages for family dwellings to a mortgagee.
United States · United States Congress · 23 May 1995
James Madison Commemorative Coin Act - Directs the Secretary of the Treasury to issue commemorative one-dollar silver coins emblematic of the 250th anniversary of the birth of James Madison and the life and achievements of the fourth President of the United States. Requires the Secretary to turn over proceeds from surcharges to the National Trust for Historic Preservation to be used to: (1) establish an endowment as a permanent source for Montpelier (home of James Madison and a museum); and (2) fund capital restoration projects at Montpelier.
United States · United States Congress · 18 May 1995
Government Accountability Act of 1995 - Amends the Federal criminal code to make prohibitions against fraud and false statements regarding any matter within the jurisdiction of any U.S. department or agency applicable with respect to any matter under the jurisdiction of the executive, legislative, and judicial branches, or any department or agency thereof.
United States · United States Congress · 12 May 1995
TABLE OF CONTENTS: Title I: Cancellation and Suspension Title II: Minor Use Crop Protection Act of 1995 Title III: Data Collection Activities to Assure the Health of Infants and Children and Other Measures Title IV: Amendments to the Federal Food, Drug, and Cosmetic Act Food Quality Protection Act of 1995 - Title I: Cancellation and Suspension - Amends provisions of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) relating to cancellations, changes in classifications, or other terms of registration with respect to the authority of the Administrator of the Environmental Protection Agency. Requires that a rulemaking under such provisions be based on a validated test or other significant evidence raising prudent concerns of unreasonable adverse effects to man or to the environment. Denies registration applications that are not in compliance with this Act. Title II: Minor Use Crop Protection Act of 1995 - Minor Use Crop Protection Act of 1995 - Amends FIFRA to define "minor use" as the use of a pesticide on an animal or commercial agricultural crop or site or for public health protection where: (1) the total U.S. acreage for the crop is less than 300,000 acres; or (2) the Administrator determines that the use does not provide sufficient economic incentive to support the initial or continuing registration of a pesticide for such use and there are insufficient alternatives available for the use, the alternatives pose greater environmental or health risks, or the pesticide plays or will play a significant part in managing pest resistance or in an integrated pest management program. Extends the period of exclusive data use for data submitted to support original registration applications for pesticides for an additional year for each three minor uses registered after this Act's enactment and before the expiration of the period of exclusive use, up to a total of three additional years for all minor uses registered by the Administrator if the Administrator determines that: (1) there are insufficient alternatives available for the use or the alternatives pose greater environmental or health risks; or (2) the pesticide plays or will play a significant part in managing pest resistance or in an integrated pest management program. Requires the Administrator, upon the request of a registrant, to extend the deadline for the production of residue chemistry data required solely to support a minor use subject to specified conditions. Applies the same extension conditions to data for reregistrations. Authorizes the Administrator to modify or revoke such extensions if the use may cause unreasonable adverse environmental effects. Permits the Administrator, in handling the registration of a pesticide for a minor use, to waive applicable data requirements if the absence of data will not prevent the Administrator from determining the risk presented by the pesticide and that the risk would not have an adverse environmental effect. Provides for expedited review (within one year of submission) of applications to support minor use pesticide registrations. Sets forth conditions for extensions of registrations for unsupported minor uses. Provides a procedure for meeting data requirements where a registrant has voluntarily cancelled a registration and another application is pending for registration of a pesticide that is for a minor use and is identical or substantially similar to, or for an identical or substantially similar use as, the cancelled pesticide. Directs the Administrator to establish a minor use program. Directs the Secretary of Agriculture to establish a Department of Agriculture minor use program and a separate matching fund program. Requires the matching fund program to be utilized to ensure the continued availability of minor use crop protection chemicals. Authorizes appropriations. Title III: Data Collection Activities to Assure the Health of Infants and Children and Other Measures - Directs the Secretary of Agriculture, in consultation with the Administrator and the Secretary of Health and Human Services, to coordinate the development and implementation of survey procedures to ensure collection of adequate data on food consumption patterns of infants and children. Requires residue surveillance activities of the Department of Agriculture to provide for the improved surveillance of pesticide residues, including increased sampling of foods most likely consumed by infants and children. Directs the Secretary of Agriculture to: (1) collect pesticide use data of statewide or regional significance for all the major crops and crops of dietary significance; and (2) in cooperation with the Administrator, implement research, demonstration, and education programs to support adoption of integrated pest management. Requires Federal agencies to use and promote integrated pest management techniques. Title IV: Amendments to the Federal Food, Drug, and Cosmetic Act - Amends the Federal Food, Drug, and Cosmetic Act (FDCA) to redefine "pesticide chemical," subject to exception, as any substance that is a pesticide, or any active ingredient thereof, within the meaning of FIFRA. Defines "pesticide chemical residue," subject to exception, as a residue in or on a raw agricultural commodity or processed food of a pesticide chemical or any other added substance present as a result of a pesticide chemical's metabolism or other degradation. Deems a processed food not to be adulterated, within the meaning of FDCA, if there are present pesticide chemical residues at tolerance levels not considered unsafe. (Current law treats only raw agricultural commodities in this manner.) Sets forth requirements relating to tolerances and exemptions from tolerances for pesticide chemical residues in food, including residues of degradation products, which allow the presence in processed food at the tolerance applicable to the raw agricultural commodity from which the processed food is made. Prohibits establishment of a tolerance that is more stringent than a level the Administrator determines is adequate to protect the public health (i.e., if the dietary risk posed by such level of residues is negligible). Allows a greater than negligible dietary risk if: (1) use protects from greater adverse health effects to humans or the environment; (2) use avoids greater risks from another pesticide; or (3) the unavailability of the pesticide would reduce the availability of an adequate, wholesome, and economical domestic supply of the food. Prohibits issuance of a final rule that revokes, modifies, or suspends a tolerance or exemption until the Administrator has taken any necessary action under FIFRA with respect to the registration of the pesticide involved. Requires the Administrator, where a pesticide is labeled for use on a particular food, to: (1) revoke any tolerance or exemption that allows the presence of a particular chemical or its residue in or on such food if the Administrator cancels the registration of each pesticide that contains the chemical or modifies it to prohibit the pesticide's use in connection with such food; and (2) suspend any such tolerance or exemption upon the suspension of the use of each pesticide that contains the chemical. Provides for: (1) tolerances for unavoidable residues in the case of a residue of a canceled or suspended pesticide chemical that will unavoidably persist in the environment and be present in or on a food; and (2) residues resulting from an application which was lawful at the time of application but with respect to which the tolerance or exemption has since been revoked, suspended, or modified. Prohibits, subject to exception, a State from enforcing any limit on a qualifying pesticide chemical residue (as defined in this Act) in or on any food which is not identical to Federal requirements. Prohibits a State, absent an unreasonable dietary risk, from enforcing a limit on the level of residues in any food if the sale of such food containing such residue level was lawful at the time of application of the pesticide. Authorizes appropriations for increased monitoring of pesticide residues in imported and domestic food.
United States · United States Congress · 11 May 1995
Amends provisions of Federal law relating to the Civil Service Retirement System and the Federal Employees Retirement System to provide that a Member of Congress after he or she has completed 12 years of service in the Congress shall not: (1) have retirement deductions made from any pay or service performed as a Member; (2) have Government contributions made on his or her behalf; or (3) have any service performed as a Member taken into account for purposes of computing retirement pay (except in the case of a disability annuity). Provides that only service performed after the 103d Congress shall be taken into account with respect to the 12-year service requirement of this Act.
United States · United States Congress · 9 May 1995
Expresses the sense of the Congress that economically targeted investments violate specified provisions of the Employee Retirement Income Security Act of 1974 (ERISA) relating to a fiduciary's responsibility to serve the interests of employee benefit plan participants and beneficiaries exclusively. Requires that the application of such ERISA provisions to employee benefit plan asset investments be determined without regard to a specified Department of Labor (DOL) interpretive bulletin or any other similar directive regarding economically targeted investments. Prohibits DOL officers or employees from traveling, lecturing, or otherwise expending DOL resources to promote, directly or indirectly, economically targeted investments. Amends ERISA to prohibit Federal agencies or instrumentalities from establishing or maintaining any clearinghouse or other database relating to economically targeted investments for employee benefit plans. Directs Federal agencies and instrumentalities to immediately terminate contracts or other arrangements which violate this Act.
United States · United States Congress · 3 May 1995
False Identification Act of 1995 - Amends the Federal criminal code to reduce the minimum number of documents to three (currently, five) for certain offenses involving fraud and related activity in connection with identification documents. Sets criminal penalties for knowingly sending through the mails or producing, with the intention or knowledge that it will be deposited for mailing, any unverified identification document that bears a birth date showing the individual named in the document to be 21 years of age or older, when in fact that individual has not attained age 21.
United States · United States Congress · 2 May 1995
Amends the Federal criminal code to increase the penalty imposed upon a person who escapes from the custody of a Federal institution or officer to up to ten years' imprisonment (currently, up to five years).
United States · United States Congress · 7 April 1995
Propane Education and Research Act of 1995 - Authorizes the qualified industry organizations (the National Propane Gas Association, the Gas Processors Association, or successor organizations, or a group of retail marketers or producers who collectively represent at least 25 percent of the volume of propane sold or produced in the United States) to conduct, at their own expense, a referendum among producers and retail marketers for the creation of a Propane Education and Research Council. Directs the Council, if established, to develop programs (including programs to enhance consumer and employee safety and training) and enter into contracts for: (1) propane research and development; (2) consumer education; and (3) payment for program costs with funds collected under this Act. Requires the Council to reimburse the Secretary of Energy annually for any costs incurred by the United States, but not to exceed the average annual salary of Department of Energy employees. Prescribes guidelines under which the Council shall set annual assessments on odorized propane to cover program costs. Directs the Council to establish a program to coordinate its operations with any State propane education and research council. Prohibits Council funds from being used for lobbying activities. Directs the Secretary of Commerce to annually prepare and make available to the Council, the Secretary of Energy (Secretary), and the public, an analysis of changes in propane prices relative to other energy resources. Requires the Council to restrict its activities to research and development, training, and safety whenever in any year the five-year average rolling price index of consumer grade propane exceeds by more than 10.1 percent the five-year rolling average price composite index of residential electricity, residential natural gas, and refiner price to end users of Number 2 fuel oil. Requires the price of propane to be determined by market forces in all cases. Prohibits the Council from taking action to pass the cost of the annual assessments to consumers. Requires the Secretary of Commerce to report biennially to the Congress and the Secretary on: (1) whether operation of the Council, in conjunction with the cumulative effects of market changes and Federal programs, has had an effect on propane consumers, including residential, agriculture, process, and nonfuel users; and (2) whether there have been long-term and short-term effects on propane prices as a result of Council activities and Federal programs.
United States · United States Congress · 7 April 1995
Consumer Fraud Prevention Act of 1995 - Amends the Federal criminal code to subject to civil forfeiture any property constituting, derived from, or traceable to any proceeds obtained as a result of telemarketing fraud. Directs that any such property or proceeds be used to the extent needed, as determined by the Attorney General, for the national telemarketing fraud information hotline (established under the Violent Crime Control and Law Enforcement Act of 1994) and other enforcement of telemarketing fraud provisions. Directs the court, in sentencing for telemarketing fraud, to order that the offender forfeit to the United States any property constituting or derived from proceeds obtained as a result of the offense. Specifies that the payment of an amount due pursuant to mandatory restitution for telemarketing fraud shall have priority over the payment of fines or the forfeiture of property under criminal forfeiture provisions. Directs the U.S. Sentencing Commission to amend the sentencing guidelines to increase by two levels: (1) the vulnerable victim adjustment; and (2) the level for any fraud offense if the defendant conducted activities to further the fraud from a foreign country in order to impede prosecution. Requires any presentence report required under the Federal Rules of Criminal Procedure to include information about the age of each victim of each fraud offense for which a defendant is convicted.
United States · United States Congress · 4 April 1995
Clinical Laboratory Improvement Act Amendments of 1995 - Exempts a physician clinical office laboratory from Public Health Service Act certification requirements, except when such laboratory performs a Pap Smear (Papanicolaous Smear) analysis.
United States · United States Congress · 3 April 1995
Makes eligible for the award of the Purple Heart members of the armed forces killed or wounded on or after January 1, 1994, by weapon fire while engaged in a peacekeeping activity.
United States · United States Congress · 3 April 1995
Truth in Lending Class Action Relief Act of 1995 - Amends the Truth in Lending Act to declare a moratorium between the enactment of this Act and October 1, 1995, on court certifications of any class in any action brought under such Act with respect to any credit transaction: (1) not under an open end credit plan secured by a first lien on real property or a dwelling, which constitutes a refinancing or consolidation of an existing extension of credit; and (2) based on the alleged failure of a creditor to include in the disclosed finance charge a charge actually incurred in connection with the transaction, or to properly make any other required disclosure as a result of such failure, or to provide proper notice of rescission rights owing to selection by the creditor of the incorrect form from among prescribed model forms (or forms based on them). Specifies exceptions to such moratorium.
United States · United States Congress · 30 March 1995
Citizenship Reform Act of 1995 - Amends the Immigration and Nationality Act do deny automatic U.S. citizenship at birth to children born in the United States to parents who are not U.S. citizens or permanent resident aliens.
United States · United States Congress · 30 March 1995
TABLE OF CONTENTS: Title I: Reductions in Government Overregulation Subtitle A: The Home Mortgage Process Subtitle B: Community Reinvestment Act Amendments Subtitle C: Consumer Banking Reforms Subtitle D: Equal Credit Opportunity Act Amendments Subtitle E: Consumer Leasing Act Amendments Subtitle F: Federal Home Loan Bank Amendments Title II: Streamlining Government Regulations Subtitle A: Regulatory Approval Issues Subtitle B: Streamlining of Government Regulations; Miscellaneous Provisions Title III: Lender Liability Financial Institutions Regulatory Relief Act of 1995 - Title I: Reductions in Government Overregulation - Subtitle A: The Home Mortgage Process - Amends the Real Estate Settlement Procedures Act (RESPA) to transfer regulatory authority to the Board of Governors of the Federal Reserve System (the Board) from the Secretary of Housing and Urban Development. Eliminates redundant regulators by adding certain administrative enforcement provisions. (Sec. 102) Amends the Truth in Lending Act (TILA) and RESPA to provide for comparability of terms. (Sec. 103) Provides for increased regulatory flexibility and exemptive authority for the Board under TILA. (Sec. 104) Provides for reductions in RESPA regulatory burdens with respect to: (1) lenders' disclosures to federally related mortgage loan applicants relating to assignment, sale, or transfer of loan servicing; (2) second mortgages; and (3) consistency of RESPA and TILA exemption of business loans. (Sec. 105) Provides for alternative disclosures for adjustable rate mortgages under TILA. (Sec. 106) Amends TILA with respect to treatment of certain charges, including third party fees, taxes on security instruments or evidences of indebtedness, preparation of loan documents, and fees relating to pest infestations, inspections, and hazards. (Sec. 107) Exempts from rescission, under TILA, certain transactions (other specified types of mortgages) which constitute refinancings or consolidations of existing extensions of credit and which are secured by a first lien. (Sec. 108) Adds to TILA provisions relating to tolerances for accuracy and to the basis of disclosure for per diem interest. (Sec. 109) Amends TILA to establish certain limitations on liability, including: (1) limitations on liability for disclosures relating to certain fees and charges other than finance charges; and (2) an exemption from liability for finance charge disclosures within tolerance limits. (Sec. 111) Sets forth a limitation on the rescission period under TILA. (Sec. 112) Revises TILA provisions for the calculation of actual damages. (Sec. 113) Makes assignees liable, under specified TILA provisions, only if violations are apparent on the face of transaction documents. Provides that a servicer of a consumer credit transaction shall not be treated as: (1) an assignee for liability purposes unless the servicer is the owner of the obligation; or (2) the owner on the basis of an assignment for administrative convenience. (Sec. 114) Revises certain TILA provisions for recovery of fees. (Sec. 115) Repeals a provision of the Housing and Urban Development Act of 1968 for homeownership debt counseling notification. (Sec. 116) Amends the Home Mortgage Disclosure Act of 1975 to revise exemption provisions. Exempts from coverage under such Act specified types of institutions with total assets, in their last full fiscal year, of $50 million or less (currently $10 million or less). Authorizes the Board to exempt those with greater assets where the burden of compliance outweighs the usefulness of the information required to be disclosed. Provides that a depository institution satisfies certain public availability of information requirements if: (1) such information is kept at the home office; (2) notice that such information is available through request to the home office is posted at the specified branch locations; and (3) the information is supplied to the requester in a paper copy or, if acceptable to the requester, via a form of electronic medium. Subtitle B: Community Reinvestment Act Amendments - Amends the Community Reinvestment Act of 1977 (CRA) to revise the expression of congressional intent. (Sec. 122) Exempts a regulated financial institution from the examination requirements of, or any regulations issued under, CRA if: (1) its main office (and each branch) is located in a local government unit with a population of not more than 30,000, which is not part of a metropolitan statistical area; and (2) the institution and its parent bank holding company have aggregate assets of not more than $100 million (to be adjusted annually by the annual percentage increase in the consumer price index for urban wage earners and clerical workers). (Sec. 123) Provides for self-certification of CRA compliance by qualifying financial institutions, with certain public notice requirements. (Sec. 124) Adds provisions for community input and conclusive rating, including requirements for publication of exam schedule, opportunity for comment, evaluation by the appropriate Federal financial supervisory agency, and procedures for requests for reconsideration of rating. (Sec. 125) Directs Federal financial supervisory agencies, in conducting certain CRA assessments, to develop compliance standards consistent with the specific nature of special purpose banks (which do not generally accept retail deposits, such as credit card banks and trust banks). (Sec. 126) Gives institutions credit, for purposes of satisfying CRA requirements, for investments in, and loans, to: (1) minority or women's depository institutions; and (2) joint ventures or other entities or projects providing benefits to distressed communities (whether such institutions or communities are located within or outside of the regulated financial institution's service area. (Sec. 127) Prohibits regulations requiring certain additional recordkeeping and reporting under CRA. (Sec. 128) Applies a requirement of metropolitan area distinctions only to institutions that maintain domestic branches in two or more States. (Sec. 129) Amends the Federal Home Loan Bank Act to make certain reporting requirements inapplicable to members receiving an outstanding or satisfactory grade under specified CRA provisions. Subtitle C: Consumer Banking Reforms - Amends the Truth in Savings Act (TISA) to prohibit depository institutions or deposit broker from making misleading or inaccurate advertisements or disclosures. Repeals TISA provisions relating to disclosure of interest rates and terms of accounts, account schedules, disclosure requirements for certain accounts, distribution of schedules, periodic statements, civil liability, and effect on State law. Revises provisions for regulations and definitions. (Sec. 132) Amends the Electronic Fund Transfer Act (EFTA) to revise provisions relating to unauthorized electronic fund transfers. (Sec. 133) Amends TILA to add provisions relating to cardholder liability for unauthorized use of credit cards. (Sec. 134) Amends the Federal Deposit Insurance Act to revise provisions for regulations governing insured banks to allow depository institutions or their affiliates or subsidiaries to transfer information among themselves without any restriction or limitation if such possible information sharing is disclosed and the consumer is given the opportunity to direct that such information not be so communicated, prior to initial communication. (Sec. 135) Revises EFTA definitions of: (1) accepted card or other means of access; and (2) account. Subtitle D: Equal Credit Opportunity Act Amendments - Equal Credit Opportunity Act Amendments of 1995 - Combines and simplifies the adverse action notification requirements of the Equal Credit Opportunity Act (ECOA) and the Fair Credit Reporting Act (FCRA). (Sec. 143) Revises ECOA requirements for written notifications of, and statements of reasons for, adverse actions to be given to credit applicants. Exempts from liability for a violation of such requirements any persons who show by a preponderance of the evidence that at the time of the alleged violation they maintained reasonable procedures to assure compliance with such requirements. (Sec. 144) Revises specified FCRA requirements on users of consumer reports to eliminate coverage of credit denials and of adverse actions based on reports of persons other than consumer reporting agencies. (Sec. 145) Amends ECOA and the Fair Housing Act to add incentives for self-testing. (Sec. 146) Provides that creditors shall be deemed in compliance with ECOA nondiscrimination requirements with respect to any credit decision based solely on the use of an empirically derived, demonstrably and statistically sound, credit scoring system if such system does not use: (1) any protected category; or (2) any criterion so directly associated as to be a functional equivalent of such a category. (Does not preclude using age as a factor in such a system as otherwise permitted under ECOA.) Subtitle E: Consumer Leasing Act Amendments - Consumer Leasing Act Amendments of 1995 - Amends the Consumer Credit Protection Act (CCPA) to direct the Board to: (1) write regulations or staff commentary to update and clarify requirements and definitions for lease disclosures, contracts, and other issues related to consumer leasing which would carry out the purposes of the Consumer Leasing Act; and (2) publish model disclosure forms and clauses to facilitate compliance with such disclosure requirements and aid the consumer in understanding the transaction. (Sec. 154) Revises CCPA provisions for consumer lease disclosures to require prior separate leasing disclosures of specified items in a tabular format. (Sec. 155) Revises CCPA provisions relating to consumer lease advertising. Subtitle F: Federal Home Loan Bank Amendments - Amends the Federal Home Loan Bank Act (FHLBA) to revise an FHLB system membership eligibility location requirement to allow institutions to apply for membership in an adjoining district, for the institution's convenience, with Federal Housing Finance Board (FHFB) approval. (Sec. 162) Revises FHLBA audit provisions to: (1) prohibit the FHFB from participating in the hiring of external auditors by banks; (2) permit the FHFB to establish requirements for external audit contracts and accounting standards; and (3) require all 12 banks to contract for an annual audit with a single provider. Title II: Streamlining Government Regulations - Subtitle A: Regulatory Approval Issues - Amends the Bank Holding Company Act (BHCA) to revise and streamline notice and other requirements relating to both nonbanking and bank acquisitions by well-capitalized and well-managed banking organizations. (Sec. 203) Amends the Federal Deposit Insurance Act to eliminate: (1) Bank Merger Act filing and approval requirements for insured depository institutions already controlled by the same holding company; and (2) redundant approval requirements for "Oakar" transactions (generally, conversion, by acquisition or similar means, of a Bank Insurance Fund member to a Savings Association Insurance Fund member, or vice versa). (Sec. 205) Amends the Home Owners' Loan Act to eliminate duplicative requirements imposed on bank holding companies. (Sec. 206) Eliminates a BHCA requirement that approval be obtained for divestitures. (Sec. 207) Eliminates specified requirements for certain branch applications by: (1) national banking associations, under the Revised Statutes relating to banks and banking; (2) State member banks, under the Federal Reserve Act (FRA); and (3) State nonmember banks, under the Federal Deposit Insurance Act (FDIA). (Sec. 208) Eliminates branch applications and requirements for automatic teller machines (ATMs) and similar facilities, under the Revised Statutes and FDIA. (Sec. 209) Eliminates a requirement for approval of investments in bank premises for well-capitalized and well-managed banks. (Sec. 210) Eliminates specified filing requirements under FDIA for officer and director appointments. (Sec. 211) Streamlines the BHCA process for determining new nonbanking activities. Subtitle B: Streamlining of Government Regulations; Miscellaneous Provisions - Eliminates the per-branch capital requirement for national banks and State member banks under the Revised Statutes. (Sec. 222) Revises FDIA requirements relating to notification of branch closures to exempt specified entities under certain conditions. (Sec. 223) Amends the Depository Institutions Management Interlocks Act to exempt management officials of depository institutions or holding companies with small market shares from prohibitions against dual service with unaffiliated institutions or companies in the same area, town, or village. Revises provisions relating to dual service among larger organizations. Extends a specified grandfather exemption which allows certain management officials to continue to serve despite interlocks prohibitions. (Sec. 224) Abolishes the Appraisal Subcommittee established under the Federal Financial Institutions Council Act of 1978, and consolidates its functions into the Financial Institutions Examination Council. Amends the Financial Institutions Reform, Recovery and Enforcement Act of 1989 (FIRREA) to revise provisions relating to rosters of State certified or licensed appraisers. Provides for reduction of assessments on appraisers. (Sec. 225) Eliminates certain recordkeeping and reporting requirements relating to loans to executive officers under FRA and BHCA. Permits extensions of credit made under certain FRA provisions pursuant to a benefit or compensation program widely available to employees of the member bank. (Sec. 226) Amends FDIA to provide for expanded regulatory discretion for small bank examinations. (Sec. 227) Amends the Right to Financial Privacy Act to revise cost reimbursement provisions to specifically include corporate customers under references to customer records. (Sec. 228) Amends specified Federal law relating to money and finance to eliminate certain provisions requiring depository institutions to identify their nonbank financial institution customers. (Sec. 229) Requires each appropriate Federal banking agency to conduct a paperwork reduction review. (Sec. 230) Repeals certain reporting requirements under the Federal Deposit Insurance Corporation Improvement Act of 1991. (Sec. 231) Directs the Secretary of the Treasury to revise a specified regulation under the Securities Exchange Act of 1934 to provide for daily confirmations for hold-in-custody repurchase transactions. (Sec. 232) Requires the Financial Institutions Examining Council to carry out, and report to the Congress on, a regulatory review of regulations. (Sec. 233) Amends the International Lending Supervision Act to: (1) grant Federal banking agencies discretion in imposing certain country risk requirements with respect to reserves; and (2) repeal certain additional country risk reserve requirements. (Sec. 234) Revises specified FDIA audit provisions with respect to exemptions due to costs. Authorizes the Federal Deposit Insurance Corporation and the appropriate Federal banking agency to designate certain information in such audits as privileged, confidential, and not available to the public. (Sec. 235) Sets forth certain due process protections under FDIA and the Federal Credit Union Act. (Sec. 236) Revises FDIA provisions relating to: (1) culpability standards for outside directors; and (2) rules on deposit taking. (Sec. 238) Amends the Riegle Community Development and Regulatory Improvement Act of 1994 to revise the transition period for new regulations. (Sec. 239) Amends the International Banking Act of 1978 to revise provisions relating to foreign bank applications and examinations. (Sec. 241) Amends TILA to revise provisions relating to second mortgages. Title III: Lender Liability - Amends FDIA to add provisions relating to lender, fiduciary, and Government agency environmental liabilities.
United States · United States Congress · 23 March 1995
Honors the memory of the victims of the Armenian genocide. Calls for the United States to encourage the Republic of Turkey to acknowledge and commemorate the atrocity committed against the Armenian population of the Ottoman Empire from 1915 to 1923.
United States · United States Congress · 22 March 1995
FDA Export Reform and Enhancement Act of 1995 - Amends the Federal Food, Drug, and Cosmetic Act (FDCA) to modify the circumstances in which a drug, device, or biological product (including a partially processed biological product) may be exported.
United States · United States Congress · 21 March 1995
National Right-to-Work Act - Amends the National Labor Relations Act and the Railway Labor Act to repeal those provisions that require employees to pay union dues or fees as a condition of employment.
United States · United States Congress · 15 March 1995
Sexual Crimes Against Children Prevention Act of 1995 - Directs the United States Sentencing Commission to amend the sentencing guidelines to increase the base offense level by: (1) at least two levels for offenses involving the creation of, or trafficking in, child pornography; (2) at least two levels if a computer was used to traffic in, or advertise, child pornography; and (3) at least three levels for an offense involving the interstate transportation of children with intent to engage in criminal sexual activity. Makes specified offenses relating to obscenity and to obscene matter predicate offenses for a violation of the Racketeer Influenced and Corrupt Organizations Act.
United States · United States Congress · 10 March 1995
Captive Exotic Animal Protection Act of 1995 - Amends the Federal criminal code to prohibit and set penalties for knowingly transferring, transporting, or possessing a confined exotic animal for purposes of allowing the killing or injuring of that animal for entertainment or the collection of a trophy.
United States · United States Congress · 9 March 1995
Truth in Lending Act Amendments of 1995 - Amends the Truth in Lending Act pertaining to consumer credit cost disclosure to exclude from the determination of finance charges: (1) charges imposed by third parties not affiliated with the creditor (including settlement agents, attorneys, and escrow and title companies) if the creditor does not expressly require the imposition of such charges and does not retain them; (2) taxes levied on security instruments or evidences of indebtedness if payment is a precondition for recording such an instrument; (3) fees, for preparation of loan-related documents and attending or conducting settlement in extensions of credit secured by interest in real property; and (4) fees related to pest infestation on premises, structural inspections, and flood hazards. (Sec. 3) Excludes from a consumer's statutory right of rescission certain refinancings or consolidations of debt secured by a first lien. (Sec. 4) Increases the allowable tolerances for accuracy pertaining to the annual percentage rate disclosure requirements on consumer credit transactions. Provides that the disclosure for per diem interest shall be deemed to be accurate if it is based on information actually known to the creditor at the time that the disclosure documents are being prepared for the consummation of the transaction. (Sec. 5) Sets forth liability limitations for: (1) a creditor's treatment, for disclosure purposes, of specified taxes, fees, and charges other than finance charges; and (2) a creditor's finance charge disclosures within specified tolerance limits. (Sec. 7) Provides that the statute of limitations on a consumer's right of rescission is absolute and acts as a bar to any subsequent assertion of such rescission in State or Federal court. (Sec. 8) Narrows the civil liability guidelines for consumer credit disclosures to: (1) declare a creditor liable for actual damages sustained by a person to the extent such person demonstrates reliance on the inaccurate disclosure which prevented the person from accepting better credit terms actually available from another creditor; (2) revise the general rules for liability of a creditor's voluntary assignee for a violation apparent on the face of the disclosure statement; and (3) declare that a servicer of a consumer obligation shall not be treated as an assignee unless the servicer is the owner of the obligation.
United States · United States Congress · 8 March 1995
Requires that any action brought in or removed to a U.S. district court that challenges the constitutionality of a State law adopted by referendum be heard and determined by a three-judge court and that any appeal of such action be to the Supreme Court. Prohibits a district court or judge thereof from granting an interlocutory or permanent injunction restraining the enforcement, operation, or execution of a State law upon the ground of unconstitutionality unless the application for the injunction is heard and determined by such a three-judge court.
United States · United States Congress · 7 March 1995
Amends the Federal criminal code to provide that if retaliation against a witness, victim, or informant occurred because of attendance at or testimony in a criminal case, the maximum term of imprisonment which may be imposed for the offense shall be the higher of that otherwise provided by law or the maximum term that could have been imposed for any offense charged in such case.
United States · United States Congress · 7 March 1995
Amends the Federal criminal code to provide that if an offense under provisions regarding influencing or injuring an officer or juror occurs in connection with a trial of a criminal case, the maximum term of imprisonment which may be imposed for the offense shall be the higher of that otherwise provided by law or the maximum term that could have been imposed for any offense charged in such case.
United States · United States Congress · 7 March 1995
Amends the Federal criminal code to provide that if an offense of tampering with a witness, victim, or informant occurs in connection with a trial of a criminal case, the maximum term of imprisonment which may be imposed for the offense shall be the higher of that otherwise provided by law or the maximum term that could have been imposed for any offense charged in such case.
United States · United States Congress · 2 March 1995
TABLE OF CONTENTS: Title I: Consolidation of Federal Employment Assistance Programs Subtitle A: Block Grants to States Subtitle B: Consolidation and Repeal of Certain Federal Employment Assistance Programs Subtitle C: Effective Dates Title II: Notice of Availability of Earned Income Credit Title III: Repeal of Temporary Futa Surtax Employment Enhancement Reform Act - Title I: Consolidation of Federal Employment Assistance Programs - Subtitle A: Block Grants to States - Establishes a block grant program to prepare individuals for employment by increasing their occupational and educational skills. Authorizes the Secretary of Labor to make such grants, for up to five-year periods subject to annual approval and availability of appropriations, to States to provide employment assistance to eligible individuals. Reserves funds for grants to Indian tribes and migrant and seasonal farmworker organizations. (Sec. 103) Allocates such grants to States on the basis of relative numbers of: (1) unemployed in areas of substantial unemployment; (2) excess unemployed; and (3) economically disadvantaged adults. (Sec. 104) Sets forth requirements for applications, use of grants, and conduct of State programs. Requires State programs to provide employment assistance to the following types of eligible individuals: (1) economically disadvantaged and 14 years or older; (2) certain types of dislocated workers; (3) individuals with disabilities; (4) Armed Forces members being separated under other than adverse conditions; (5) unemployed veterans; and (6) displaced homemakers. Requires States to: (1) profile and evaluate individuals to determine the employment assistance services to be provided; (2) notify individuals of other sources of supportive services; (3) provide appropriate employment assistance, within specified limits; (4) monitor rates of individuals successfully obtaining employment after separation from the program, according to specified criteria; and (5) establish one-stop-shop centers throughout the State for program information and profiling and evaluation. Authorizes certain discretionary activities under State programs. (Sec. 107) Directs the Secretary to make biennial determinations of State success in placing individuals in employment. Authorizes reduction or termination of payments when a State has not been successful, and reinstatement or increase of payments when a State implements appropriate modifications of its program. (Sec. 110) Authorizes appropriations. Subtitle B: Consolidation and Repeal of Certain Federal Employment Assistance Programs - Chapter 1: Consolidation of Programs - Amends the Stewart B. McKinney Homeless Assistance Act to eliminate community mental health services demonstration projects for homeless individuals who are chronically mentally ill. (Sec. 112) Amends the Rehabilitation Act of 1973 to add requirements for State collaborative programs of supported employment services for individuals with the most severe disabilities, special recreation activities and services, and projects with industry. Repeals other provisions for special project grants for supported employment programs, special recreational programs, projects with industry, and supported employment services for individuals with severe disabilities. Chapter 2: Repeal of Programs - Repeals Higher Education Act of 1965 provisions for special programs for students whose families are engaged in migrant and seasonal farm work. (Sec. 122) Repeals: (1) the disabled veterans outreach program and the local veterans employment representative program under Federal law relating to veterans; and (2) the homeless veterans reintegration project under the Stewart B. McKinney Homeless Assistance Act. (Sec. 123) Repeals: (1) the Foster Grandparent and Senior Companion programs under the Domestic Volunteer Service Act; (2) employment and training program provisions under the Food Stamp Act of 1977 (but allowing college students who are parents responsible for care of a dependent child under age six to be eligible for the food stamp program); and (3) the older American community service employment program under the Older Americans Act of 1965. (Sec. 124) Repeals the Job Training Partnership Act, except those provisions relating to the Job Corps. Authorizes appropriations for the Job Corps. (Sec. 125) Repeals the Appalachian vocational and other educational facilities and operations program under the Appalachian Regional Development Act of 1965. (Sec. 126) Repeals certain provisions relating to rules for computing the targeted jobs credit under the Internal Revenue Code. (Sec. 127) Repeals the JOBS (Job Opportunities and Basic Skills training) program provisions for recipients of AFDC (Aid to Families With Dependent Children) under the Social Security Act. (Sec. 128) Repeals: (1) the Service Members Occupational Conversion and Training Act of 1992; (2) the Adult Education Act; (3) the Carl D. Perkins Vocational and Applied Technology Education Act; (4) the National Literacy Act of 1991; and (5) the Indian Employment, Training and Related Services Demonstration Act of 1992. (Sec. 133) Repeals special programs relating to adult education for Indians, under the Indian Education Act of 1988. (Sec. 134) Repeals special Social Security Act provisions relating to Indian tribes and JOBS training programs. (Sec. 135) Repeals provisions for the VISTA Literacy Corps under the Domestic Volunteer Service Act of 1973. (Sec. 136) Repeals: (1) the Wagner-Peyser Act (employment agencies); (2) the adult education for the homeless grants program and the job training for the homeless demonstration grants program under the Stewart B. McKinney Homeless Assistance Act; (3) the trade adjustment assistance for workers program under the Trade Act of 1974; (4) FY 1993 and 1994 authorizations of appropriations for certain grants, as well as certain technical assistance conditions, under the Homeownership and Opportunity through HOPE Act; and (5) the State legalization impact-assistance grants program under the Immigration Reform and Control Act of 1986. Subtitle C: Effective Dates - Sets forth effective dates. Title II: Notice of Availability of Earned Income Credit - Amends the Social Security Act and the Food Stamp Act of 1977 to require that notice of availability of the earned income tax credit be provided to applicants for and former recipients of AFDC, Medicaid, or food stamps. (Sec. 202) Amends the Omnibus Budget Reconciliation Act of 1990 to require printing of a notice of the availability of the earned income tax credit and the dependent care tax credit on W-4 forms for employee withholding exemptions. Title III: Repeal of Temporary FUTA Surtax - Repeals the temporary FUTA (Federal Unemployment Tax Act) surtax under the Internal Revenue Code.
United States · United States Congress · 1 March 1995
Electoral Rights Enforcement Act of 1995 - Authorizes each State or the people thereof to prescribe the maximum number of terms to which a person may be elected or appointed to the Senate or the House of Representatives.
United States · United States Congress · 23 February 1995
Ricky Ray Hemophilia Relief Fund Act of 1995 - Establishes in the U.S. Treasury the Ricky Ray Hemophilia Relief Fund. Authorizes appropriations. Specifies that any individual who submits to the Attorney General written medical documentation that the individual has a human immunodeficiency virus (HIV) infection shall receive $125,000 from amounts available in the Fund if the individual: (1) has a blood-clotting disorder and was treated with blood-clotting agents between January 1, 1980, and December 31, 1987; (2) is the lawful spouse of such individual or the former lawful spouse and was the lawful spouse of the individual at any time after a date within such period on which the individual was treated; or (3) acquired the HIV infection through perinatal transmission from a parent who is such an individual. Requires that a claim for payment be filed with the Attorney General by or on behalf of such individual and that the Attorney General determine that the claim meets the requirements of this Act. Specifies that a claim under this Act shall not be assignable or transferable. Sets limits regarding the number of claims per victim. Prohibits the Attorney General from paying claims filed under this Act unless filed within three years after this Act's enactment.
United States · United States Congress · 23 February 1995
TABLE OF CONTENTS: Title I: Interdiction Title II: Alien Smuggling Title III: Employment Title IV: Government Benefits Title V: Criminal Aliens Title VI: Terrorist Aliens Title VII: Inspections Title VIII: Asylum Illegal Immigration Control Act of 1995 - Title I: Interdiction - Directs the Attorney General to install additional physicial barriers in high illegal-entry border areas. (Sec. 102) Authorizes appropriations for additional Border Patrol personnel. (Sec. 103) Directs the Attorney General and the Commissioner of the Immigration and Naturalization Service (INS) to implement an interior repatriation program for illegal aliens who have been deported at least three times. (Sec. 104) Directs the Attorney General and the Commissioner of INS to increase border detention facilites. Authorizes the transfer of closed military bases to be used as Federal incarceration facilities for illegal aliens. (Sec. 105) Authorizes the Attorney General to require vessels to provide INS with port of entry notification. Title II: Alien Smuggling - Amends the Immigration and Nationality Act (the Act) to expand INS forfeiture authority for smuggling or harboring illegal aliens. (Sec. 202) Brings alien smuggling operations under the purview of the Racketeer Influenced and Corrupt Organizations (RICO) provisions. (Sec. 203) Amends the Act to increase penalties for certain alien smuggling offenses. (Sec. 204) Amends Federal law to authorize INS wiretaps for alien smuggling investigations. Title III: Employment - Amends the Act to revise alien employment documentation and employer verification provisions, including social security card enhancements. (Sec. 302) Authorizes appropriations for additional INS investigators. Title IV: Government Benefits - Prohibits direct Federal benefits (except for emergency medical care) or housing assistance to an alien who is not a permanent resident, a refugee, an asylee, or a parolee. (Sec. 402) Prohibits unemployment benefits to an alien who has not been granted INS work authorization. (Sec. 404) Authorizes appropriations for the Save System. (Sec. 405) Reduces Federal assistance by 20 percent to any locality that refuses to cooperate in the arrest and deportation of illegal aliens. (Sec. 406) Establishes a uniform vital statistics pilot program for three States with high numbers of undocumented aliens. Authorizes appropriations. Title V: Criminal Aliens - Amends the Act to include aliens on criminal probation or criminal parole among the categories of aliens subject to special registration. (Sec. 502) Restricts specified deportation defenses. (Sec. 503) Authorizes electronic or telephonic deportation proceedings. (Sec. 504) Directs the Commissioner to operate a criminal alien tracking center. Authorizes appropriations. (Sec. 505) Directs the Secretary of State and the Attorney General to study the use and effectiveness of the Prisoner Transfer Treaty with Mexico to remove convicted aliens from the United States. (Sec. 506) Expedites deportation proceedings for specified criminal aliens. Title VI: Terrorist Aliens - Amends the Act to establish procedures for the removal of alien terrorists, including a special court to hear such cases. (Sec. 602) Makes membership in a terrorist organization a basis for U.S. exclusion. Title VII: Inspections - Directs the Attorney General to establish: (1) specified numbers of preinspection stations at foreign airports identified as last departure points for the greatest numbers of U.S.-arriving passengers and at those with the greatest numbers of U.S.-arriving undocumented aliens; and (2) an air carrier consultant program. (Sec. 702) Provides for the training of airline personnel in fraudulent document detection. Title VIII: Asylum - Amends the Act to revise asylum procedures. (Sec. 802) Sets forth mandatory and discretionary conditions for granting provisional asylum.
United States · United States Congress · 23 February 1995
Amends the Nuclear Waste Policy Act of 1982 to revise and rename it the Integrated Spent Nuclear Fuel Management Act of 1995. (Sec. 1) Instructs the Secretary of Energy (the Secretary) to accept spent nuclear fuel and high-level radioactive waste by not later than January 31, 1998. Entitles contract holders to specified remedies for the Secretary's failure to meet service contract obligations, or to accept spent nuclear fuel and high-level radioactive waste as mandated under this Act. States that the Nuclear Waste Fund shall fund the execution of service contract and implementation of the Secretary's responsibilities, including the acceptance of spent nuclear fuel and high-level radioactive waste at contract holder sites and transporting such fuel or waste to a private storage facility. Establishes an integrated spent nuclear fuel management system for spent nuclear fuel and high-level radioactive waste, including its storage, transportation, and disposal. Prescribes procedural guidelines for the use of: (1) railroads; (2) transportation planning and requirements; (3) multi-purpose canister systems; (4) interim storage facilities; (5) permanent disposal; (6) land withdrawal; and (7) private storage facilities. Prescribes consultation and assistance guidelines between the Secretary and the State of Nevada. Prescribes budget priorities for purposes of annual requests for appropriations from the Waste Fund. Prescribes a fee schedule for electricity and nuclear fuel used to generate electricity in a civilian nuclear power reactor. Sets forth advance contract prerequisites for utilization or production facility license renewals. Reestablishes the Nuclear Waste Fund and the Office of Civilian Radioactive Waste Management. Directs the Secretary to: (1) establish by rule the appropriate portion of the costs of managing high-level radioactive waste and spent nuclear fuel allocable to the interim storage or permanent disposal of high-level radioactive waste and spent nuclear fuel from atomic energy defense activities; and (2) advise the Congress annually of the amount of high-level radioactive waste and spent nuclear fuel from atomic energy defense activities requiring management in the integrated spent nuclear fuel management system. Subjects the Secretary to all Federal, State, and local environmental or land use laws and regulations, with specified exceptions. Grants the U.S. courts of appeals original and exclusive jurisdiction over civil actions under this Act. Provides that upon a contract holder's request, the Secretary shall take title to or possession of spent nuclear fuel or high-level radioactive waste without removing it from the contract holder's designated storage site if the Secretary cannot accept such items within the contract's acceptance schedule. Requires the NRC to promulgate regulatory guidelines for: (1) financial assurances for low-level radioactive waste site closures; and (2) training and qualification of civilian nuclear powerplant personnel. Reestablishes the Nuclear Waste Technical Review Board. Authorizes appropriations. Directs the Secretary to take action as necessary to improve the management of the civilian radioactive waste management program to ensure that it is operated to the maximum extent like a private business. States that the program is not subject to civil service regulations. Abolishes the Interim Storage Fund, the Monitored Retrievable Storage Commission, the Office of Subseabed Disposal Research, and the Office of Nuclear Waste Negotiator. Repeals all references to the Yucca Mountain site. Requires the Secretary to report to the Congress whether particular milestones have been reached with respect to: (1) multi-purpose canister systems; (2) land withdrawals; (3) interim storage facilities; and (4) acceptance of spent nuclear fuel from contract holders. Directs the Secretary to: (1) create a value engineering function within the Office of Civilian Radioactive Waste Management; and (2) employ on an on-going basis, integrated performance modeling regarding site characterization. (Sec. 2) Sets forth transition provisions for the continuation of: (1) contracts; (2) Nuclear Waste Fund; (3) Office of Civilian Radioactive Waste Management; and (4) Nuclear Waste Technical Review Board. (Sec. 3) Mandates that amounts in the Nuclear Waste Fund be appropriated exclusively for certain authorized purposes cited in the Nuclear Waste Policy Act of 1982. Precludes such appropriations from being taken into account for any budget enforcement procedures under the Balanced Budget and Emergency Deficit Control Act of 1985. Amends such Act to provide that appropriations to the Nuclear Waste Fund are not subject to its discretionary spending limits or to a certain allocation of the Energy and Waster Development Subcommittee of the Appropriations Committee. Reduces specified discretionary spending limits under the Congressional Budget Act of 1974.
United States · United States Congress · 15 February 1995
James P. Grant World Summit for Children Implementation Act of 1995 - Authorizes appropriations for FY 1996 and 1997 for contributions to the United Nations Children's Fund (UNICEF). Amends the Foreign Assistance Act of 1961 to authorize appropriations for FY 1996 and 1997 for the Child Survival Fund. Earmarks funds for activities that have a direct measurable impact on reducing rates of child morbidity and mortality. Expresses the sense of the Congress that authority should be granted to the President to exercise specified debt forgiveness for least developed countries that are pursuing economic policy reforms to promote long-term development. Earmarks development assistance funds for FY 1996 and 1997 for the Vitamin A Deficiency Program. Authorizes additional appropriations for FY 1996 and 1997 for: (1) iodine and iron fortification programs; (2) prevention, care, and control programs related to human immunodeficiency virus (HIV) and acquired immune deficiency syndrome (AIDS) in developing countries; and (3) population assistance programs. Earmarks development and economic assistance funds for FY 1996 and 1997 for programs in support of basic education. Expresses the sense of the Congress that specified amounts should be appropriated for FY 1996 and 1997 for migration and refugee assistance. Requires the President to call upon other governments to provide their share of resources required to achieve the World Summit for Children goals by the year 2000.
United States · United States Congress · 15 February 1995
Missing Service Personnel Act of 1995 - Requires the military commander of the unit, facility, or area to which the following persons are assigned to conduct an investigation as to their whereabouts after receiving factual information that their status is uncertain: (1) military personnel who disappear during a period of war, national emergency, or hostilities; and (2) any civilian Federal employee (including an employee of a Federal contractor) who serves with or accompanies an armed force in the field during such a period. Requires such persons to be placed in a missing status and requires notification of such status to either the officer having general court-martial authority over the person (for military personnel) or the Secretary of the military department employing such person (for civilian and contractor employees). Requires such officials to be kept informed (specifies deadlines) as to all information and inquiries concerning efforts to locate such missing personnel. Requires such officials to appoint a board to conduct an inquiry into the whereabouts and status of such persons. Provides for: (1) board composition, activities, and access to information; (2) inquiry proceedings (requiring the appointment of counsel, with specified duties, to represent the missing person); (3) a board recommendation as to the official status of a person following such an inquiry; (4) board reports to the officials involved as to board conclusions (prohibiting public availability of such reports for a one-year period); (5) report review by the official; (6) a report from such official to interested persons; and (7) an additional investigation and inquiry by an additional board upon receipt of new information within one year after the date of the first official notice of a person's disappearance. Allows interested persons (family members, dependents, next of kin) to participate at the proceedings of the board during such additional inquiry. Provides for the availability of appropriate information to board personnel conducting investigations and inquiries. Provides similar procedures for the second board with respect to meetings (open to the public, with exceptions), recommendations, reports, review by the Secretary of the military department concerned, and reports to interested persons. Directs the Secretary concerned: (1) if information becomes available on the whereabouts or status of a missing person within three years after the first official notice of the person's disappearance, to appoint a board to conduct an inquiry into such information; and (2) to appoint a board to conduct an inquiry as to the status of any missing person on or about three years after the first official notice of the disappearance of such person and not later than every three years thereafter until a total of 12 years after the first official notice. Allows certain interested persons to request the Secretary to appoint a board to review the status of a person declared dead before five years after the enactment of this Act. Limits the review subjects to those whose deaths were declared to have occurred on or after December 7, 1941. Provides for the conditions under which an appointed board may recommend that a person be declared dead. Requires the Secretary concerned to ensure that the personnel file of each person covered contains all information in possession of the Government relating to the disappearance and whereabouts or status of such person. Provides for judicial review of a person's declared status under this Act. Requires a person in a missing status or previously declared dead who is subsequently found alive to be paid for the full time of their absence. Requires the Secretary concerned, upon the enlistment of a person in an armed force, to require such person to specify in writing the individual(s) to whom information on their whereabouts or status shall be provided in the event of an investigation under this Act. Allows for revision of such choice by the enlisting individual.
United States · United States Congress · 14 February 1995
Expresses the sense of the Congress that the Secretary of the Treasury should submit monthly status reports to certain congressional committees detailing specified aspects of U.S. loan assistance made to the Government of Mexico.
United States · United States Congress · 9 February 1995
Helium Privatization Act of 1995 - Amends the Helium Act to authorize the Secretary of the Interior to: (1) enter into agreements with private parties for the recovery and disposal of helium on Federal lands; (2) grant leasehold rights to such helium; (3) store and transport crude helium; and (4) maintain and operate existing crude helium storage at the Bureau of Mines Cliffside Field. Directs the Secretary to: (1) cease producing, refining, and marketing refined helium; and (2) dispose of all facilities, equipment, and Federal property interests relating to refined helium activities. Requires the Secretary to impose fees for helium storage, withdrawal, or transportation services. Prescribes guidelines for: (1) the purchase of helium by Federal agencies from certain private persons; and (2) the sale of crude helium by the Secretary. Prohibits the Secretary from making crude helium sales in amounts that will disrupt the crude helium market price. Mandates that proceeds from helium sales be paid to the Treasury. Instructs the Secretary to eliminate helium stockpiles by a prescribed deadline. Repeals the Secretary's authority to borrow under the Helium Act. Directs the Inspector General of the Department of the Interior to prepare certain annual financial statements for the Helium Operations of the Bureau of Mines.
United States · United States Congress · 7 February 1995
Truth in Budgeting Act - Prohibits the receipts and disbursements of the Highway Trust Fund, the Airport and Airway Trust Fund, the Inland Waterways Trust Fund, and the Harbor Maintenance Trust Fund from being included in either the Federal budget as submitted by the President or in the congressional budget. Exempts such trust funds from any general statutory budget limitation. (Sec. 3) Amends Federal transportation law to require the Secretary of Transportation to estimate annually what, but for this Act, would be at the close of the next fiscal year: (1) the amount of unfunded aviation authorizations; and (2) the net aviation receipts. Requires the Secretary to: (1) determine the amount by which unfunded aviation authorizations does or does not exceed net aviation receipts; and (2) make appropriate adjustments to amounts authorized to be appropriated and the amounts available for obligation from the Airport and Airway Trust Fund based on the difference. (Sec. 4) Sets forth similar provisions with respect to the Inland Waterways and the Harbor Maintenance Trust Funds.
United States · United States Congress · 3 February 1995
Superfund Recycling Equity Act of 1995 - Amends the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 to absolve persons (other than owners or operators) who arranged for the recycling of recyclable material from liability for environmental response actions. Deems transactions involving scrap paper, plastic, glass, textiles, or rubber (other than whole tires) to be arranging for recycling if the person who arranged the transaction demonstrates that the following criteria were met: (1) the recyclable material met a commercial specification grade and a market existed for the material; (2) a substantial portion of the material was made available for use as a feedstock for the manufacture of a new saleable product; (3) the material (or product to be made from the material) could have been a replacement for a virgin raw material; and (4) with respect to transactions occurring 90 days after this Act's enactment, the person exercised reasonable care to determine that the facility where the material would be managed by another was in compliance with Federal, State, or local environmental laws or regulations. Deems transactions involving scrap metal to be arranging for recycling if the person who arranged the transaction demonstrates that: (1) the criteria for scrap materials were met; (2) he or she complied with applicable standards regarding activities associated with the recycling of scrap metals; and (3) the scrap metal was not melted prior to the transaction. Deems transactions involving spent lead-acid, nickel-cadmium, or other batteries to be arranging for recycling if the person involved demonstrates that: (1) the criteria for scrap materials were met; and (2) he or she complied with applicable Federal environmental regulations or standards regarding such batteries. Makes the exemptions from liability under this Act inapplicable if the person: (1) had an objectively reasonable basis to believe at the time of the recycling transaction that the recyclable material would not be recycled or would be burned as fuel or for energy recovery or incineration or that the consuming facility was not in compliance with Federal, State, or local environmental laws or regulations; (2) added hazardous substances to the material for purposes other than processing for recycling; or (3) failed to exercise reasonable care with respect to the management of the material. Makes such exemptions inapplicable if the recyclable material contained polychlorinated biphenyls in excess of 50 parts per million or any new Federal standard.
United States · United States Congress · 2 February 1995
Amends title XVI (Supplemental Security Income) (SSI) of the Social Security Act to deny SSI benefits for a disability if alcoholism or drug addiction would be a contributing factor material to the determination that the individual is disabled.
United States · United States Congress · 1 February 1995
Fairness in Musical Licensing Act of 1995 - Revises Federal copyright law to provide that communication by electronic device of a transmission embodying a performance or display of a work by the reception of a broadcast, cable, satellite, or other transmission shall not be a copyright infringement unless an admission fee is charged to see or hear the transmission or the transmission is not properly licensed. Provides that a performance or display in a commercial establishment shall not be considered infringement if incidental to the main purpose of the establishment. Specifies that, if a general music user and a performing rights society are unable to agree on the appropriate fee to be paid for the user's past or future performance of musical works in the society's repertoire, the user shall be entitled to binding arbitration of such disagreement pursuant to the rules of the American Arbitration Association in lieu of any other dispute-resolution mechanism established by any judgment or decree governing the operation of such society. Requires the arbitrator to determine a fair and reasonable fee for the user's past and future performance of works in such society's repertoire and to impose a penalty for infringement if the user's past performance infringed the copyright of such works. Makes an arbitrator's determination binding on both parties. Sets forth provisions regarding civil actions for infringement that may be submitted to arbitration if the license fee for a performance is contested. Requires a performing rights society, at the request of any radio broadcaster, to offer the broadcaster a per programming license to perform nondramatic musical works in its repertoire. Directs that such license be offered on terms and conditions that provide an economically and administratively viable alternative to blanket licenses. Sets forth provisions regarding prices of such licenses. Requires, beginning January 1, 1998, the performance of nondramatic musical works by broadcasters under any per programming period license to be determined on the basis of statistically reliable sampling or monitoring by the society and prohibits the society from requiring the broadcaster to report such performance to the society. Authorizes such broadcasters to bring actions to require compliance with such requirements. Directs each performing rights society to make available free online computer access to copyright and licensing information for each work in its repertoire as well as a semiannual printed directory of each title in its repertoire. Requires such society, upon request, to provide to any person who may perform musical works in its repertoire, copies of documentation establishing the society's right to license the public performance of such works. Bars a society from instituting or being a party to any action alleging infringement in, or charging a fee under any per programming period license for, any work in the repertoire that is not identified or documented as described above, with exceptions. Requires the Attorney General to report annually to the Congress on the activities of the Department of Justice relating to the continuing supervision and enforcement of specified consent decrees of the American Society of Composers, Authors, and Publishers and Broadcast Music, Inc. Sets forth conditions under which landlords, organizers of conventions, or others making space available to another party are exempt from liability under any theory of vicarious or contributory infringement with respect to an infringing public performance of a copyrighted work by a tenant, lessee, or other user of such space. Provides that the transmission of religious services or the recording of copies or phonorecords of a transmission program embodying such services shall not be a copyright infringement.
United States · United States Congress · 1 February 1995
Citizens' Tax Protection Act - Amends the Congressional Budget Act of 1974 to prohibit the House of Representatives or the Senate from considering any bill, joint resolution, amendment, motion, or conference report carrying any retroactive tax increase. Requires a three-fifths affirmative vote of Members of the House of Representatives to allow such consideration. Requires a supermajority point of order in the Senate to allow such consideration.
United States · United States Congress · 31 January 1995
Commercial Aviation Fuel Tax Repeal Act of 1995 - Amends the Internal Revenue Code to repeal the increase in tax on fuel used in commercial aviation scheduled to take effect after September 30, 1995.
United States · United States Congress · 30 January 1995
Teamwork for Employees and Managers Act of 1995 - Amends the National Labor Relations Act to allow employers to establish, assist, maintain, or participate in an organization or entity in which employees participate to address matters of mutual interest (including issues of quality, productivity, and efficiency) if such organizations or entities cannot negotiate, enter into, or amend collective bargaining agreements.
United States · United States Congress · 23 January 1995
Prohibits funds appropriated or otherwise available to the Department of Defense from being obligated or expended for activities of any element of the armed forces that is placed under the operational control of a foreign national acting on behalf of the United Nations (UN), unless the President certifies to the Congress that such operational control is necessary to protect vital U.S. national security interests. Requires a follow-up report from the President to the Congress within ten days after such a certification. Provides an exception to such prohibition in the case of elements involving fewer than 100 members of the armed forces in any one country.
United States · United States Congress · 23 January 1995
Declares that, for the purposes of any constitutional amendment requiring a balanced budget, the appropriate committees of the House and the Senate shall report to their respective Houses implementing legislation to achieve a balanced budget without increasing the receipts or reducing the disbursements of the Federal Old-Age and Survivors Insurance Trust Fund and the Federal Disability Insurance Trust Fund to achieve that goal.
United States · United States Congress · 19 January 1995
Amends title XVIII (Medicare) of the Social Security Act and other Federal law to make any managed health care plan established by the Secretary of Defense in the Military Health Services System eligible for payments by the Secretary of Health and Human Services on behalf of any plan enrollees entitled to Medicare benefits.
United States · United States Congress · 17 January 1995
Amends Federal transportation law to exempt farmers or retail farm suppliers transporting agricultural commodities or farm supplies from requirements limiting the maximum driving and on-duty time for drivers used by motor carriers if such transportation occurs within a 100-air mile radius of the source of such commodities or the distribution point for such farm supplies.
United States · United States Congress · 17 January 1995
Church Retirement Benefits Simplification Act of 1995 - Amends the Internal Revenue Code to recodify and revise qualifications for church retirement and pension plans. Makes employee contributions to such plans nonforfeitable. Requires the plan to meet minimum vesting requirements. Recodifies the authority of a church or a convention or association of churches to be treated as an employer making contributions to retirement income accounts. Subjects church-related hospitals and universities to certain coverage and related rules in the case of a contract purchased by a church. Requires distributions from retirement income accounts provided by churches to be in accordance with distributions under cash or deferred arrangements. Provides for determining the beginning date for such distributions. Allows self-employed ministers and chaplains who work for non-church employers to participate in their church plans. Provides that certain rules aggregating employees do not apply to churches. Restores qualified voluntary employee contributions to church plans. Treats self-employed ministers as employees for purposes of certain welfare benefit plans and retirement income accounts. Allows a deduction for contributions to retirement income accounts by such ministers. Provides that a church plan maintained by more than one employer shall not be treated as a single plan. Provides that accounting methods of deferred compensation plans of State and local governments and tax-exempt organizations do not apply to a church plan. Exempts a church plan from the requirement to maintain separate accounts for medical benefits for key employees. Provides that the special rules for computing employee contributions to pension plans do not apply to certain foreign missionaries. Repeals the elective deferral catch-up limitation for church retirement income accounts. Allows church plans to annuitize benefits and increase benefit payments. Provides that rules for self-insured medical reimbursement plans are not applicable to church plans. Provides that retirement benefits of ministers are not subject to the tax on net earnings from self-employment.
United States · United States Congress · 13 January 1995
Repeals the Davis-Bacon Act (an Act which requires that the locally prevailing wage rate be paid to various classes of laborers and mechanics working under federally-financed or federally-assisted contracts for construction, alteration, and repair of public buildings or public works). Repeals the Copeland Act (an Act which requires the Secretary of Labor to regulate contractors and subcontractors engaged in the construction or repair of public buildings, public works, or federally financed or assisted buildings or works).
United States · United States Congress · 11 January 1995
National Gambling Impact and Policy Commission Act - Establishes the National Gambling Impact and Policy Commission to: (1) study gambling in the United States and existing governmental policies and practices with respect to the legalization or prohibition of gambling activities; and (2) formulate and propose appropriate changes in such policies and practices for a report to the President and the Congress.
![Official portrait of Rep. Heineman, Frederick K. (Fred) [R-NC-4]](https://www.congress.gov/img/member/h000452_200.jpg)