United States · United States Congress · 6 March 1996
Rural Air Service Survival Act - Amends Federal aviation law to direct the Federal Aviation Administration (FAA) to begin collecting fees for the following FAA-provided services: (1) services (other than air traffic control) provided to a foreign government; and (2) air traffic control services for flights over the United States or its territories by air carriers that neither arrive at nor depart from a U.S. airport (other than such flights by foreign government aircraft engaged in official business). Directs the FAA to deposit the proceeds from such fees in a separate account in the Treasury. Makes the FAA, instead of the Secretary of Transportation, the administrator of the essential air service program. Authorizes the FAA to require an eligible public agency that controls a commercial service airport to provide for basic essential air service matching funds of up to ten percent of the amount of Federal compensation received.
United States · United States Congress · 1 February 1996
Charitable Medical Care Act of 1996 - Exempts health care professionals from liability for negligence in the provision of health care services without charge in (or on referral from) a free medical clinic, except in cases of gross negligence or willful misconduct. Makes this Act applicable only if such professional, before furnishing the service: (1) agrees to furnish such service voluntarily and without charge to the recipient or to any health insurance plan or program under which the recipient is covered; and (2) provides the recipient with adequate notice, as determined by the Secretary of Health and Human Services, of the professional's limited liability for that service. Preempts any inconsistent State law. Specifies that this Act shall not preempt any State law that provides greater incentives or protections to a health care professional rendering such service.
United States · United States Congress · 1 February 1996
Notch Fairness Act of 1996 - Amends title II (Old Age, Survivors and Disability Insurance) (OASDI) of the Social Security Act to revise the formula for the computation of minimum old age insurance benefits for individuals who reached age 65 in or after 1979 and to whom applies the 15-year transition period for the changes in benefit computation rules enacted in the Social Security Amendments of 1977. Sets forth a schedule of additional benefit increases for such beneficiaries (and related beneficiaries), with percentages declining from 55 percent to five percent and keyed to the year an individual became eligible for such benefits between 1979 and 1988. Requires actual dependency of a stepchild in order to receive a child's insurance benefit under OASDI. Repeals the benefit eligibility of a stepchild living with the stepparent but not dependent on the stepparent for at least half of his or her support. Terminates a child's insurance benefit based upon the work income of a stepparent six months after the month in which the Commissioner of Social Security receives formal notification of the divorce of such stepparent from the natural parent of the child. Prohibits payment of OASDI disability benefits if alcoholism or drug addiction would be a contributing factor material to the Commissioner's determination that such individual is disabled. Requires the payment of disability benefits to a representative payee if the Commissioner determines that a disabled individual also has an alcoholism or drug addition condition that prevents the individual from managing such benefits. Directs the Commissioner to refer an individual with such a condition to the appropriate State agency administering the plan for substance abuse treatment services under the Public Health Service Act. Amends title XVI (Supplemental Security Income) (SSI) of the Social Security Act to make the same requirements with respect to SSI beneficiaries. Appropriates funds for FY 1997 and 1998 for supplemental funding of State and tribal alcohol and substance abuse treatment programs under the Public Health Service Act. Requires State or tribal governments receiving such funds to consider as a priority in their expenditure those activities relating to the treatment of the abuse of alcohol and other drugs.
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
Small Business Investment and Growth Act - Amends the Internal Revenue Code to establish a maximum small business tax rate on taxable small business income for S corporations. Describes such income as taxable income of the taxpayer from the active conduct of an eligible trade or small business. Requires each S corporation to establish a qualified retained earnings account. Allows qualified distributions from such a qualified retained earnings account to the owners to enable the S corporation shareholder to pay income taxes. Requires regulations to establish a presumption that distributions are to pay income taxes if such distributions do not exceed 34 percent of small business income. Provides for an additional tax on nonqualified distributions.
United States · United States Congress · 25 January 1996
National Motor Vehicle Safety, Anti-Theft, Title Reform, and Consumer Protection Act of 1995 - Amends Federal transportation law to require States, in licensing a passenger motor vehicle whose ownership has been transferred, to disclose on the certificate of title whenever records indicate that such vehicle was previously issued a title that contained a word or symbol signifying that it was "salvage," "unrebuildable," "parts only," "scrap," "junk," "nonrepairable," "reconstructed," "rebuilt," or that it has been damaged by flood. Directs the Secretary of Transportation to issue regulations requiring each State in licensing such vehicles to apply uniform standards, procedures, and methods for the issuance and control of motor vehicle titles and for information to be contained on such titles. Authorizes States to use Federal highway safety funds to defray the costs of establishing new procedures to comply with such requirements. Makes it unlawful for any person knowingly and willfully to: (1) make false statements on an application for a motor vehicle title; (2) fail to apply for a salvage title when such application is required; (3) alter, forge, or counterfeit a certificate of title, a nonrepairable vehicle certificate, a certificate verifying an anti-theft inspection or an anti-theft and safety inspection, or a required decal affixed to a passenger motor vehicle; (4) falsify the results of an inspection; (5) offer to sell any salvage vehicle or nonrepairable vehicle as a rebuilt salvage vehicle; or (6) conspire to commit any of the above acts. Sets forth civil and criminal penalties for violations of this Act. Amends the Tariff Act of 1930 to prohibit customs officers from allowing the export of self-propelled vehicles from the United States by transport (current law permits the export of used self-propelled vehicles provided ownership information is given), unless the exporter presents proof of ownership to such officer. Sets forth a civil penalty for violations of this requirement.
United States · United States Congress · 25 January 1996
TABLE OF CONTENTS: Title I: Health Care Access, Portability, and Renewability Subtitle A: Group Market Rules Subtitle B: Individual Market Rules Subtitle C: COBRA Clarifications Subtitle D: Private Health Plan Purchasing Cooperatives Title II: Application and Enforcement of Standards Title III: Miscellaneous Provisions Health Insurance Reform Act of 1996 - Title I: Health Care Access, Portability, and Renewability - Subtitle A: Group Market Rules - Prohibits insurers from declining to offer whole group coverage to a group purchaser. Allows plans to establish eligibility, continuation, enrollment, or premium requirements, provided the requirements are not based on health status, medical condition, or similar factors. (Sec. 102) Mandates plan renewability, except for premium nonpayment, material misrepresentation, plan termination, or other specified reasons. (Sec. 103) Regulates the circumstances in which a plan may impose a benefit limitation or exclusion because of a preexisting condition. Allows State laws (unless preempted by specified provisions of the Employee Retirement Income Security Act of 1974 (ERISA)) that: (1) limit preexisting conditions to shorter periods than the provisions of this paragraph; or (2) recognize previous qualifying coverage with a lapse period longer than provided for by the provisions of this paragraph. (Sec. 104) Mandates special enrollment periods for individuals who have certain types of changes in family composition or employment status. (Sec. 105) Regulates disclosures an insurer must make to a small employer (as defined in State law or, if not defined in State law, employers with not more than 50 employees). Amends ERISA to modify requirements regarding disclosures to plan participants and beneficiaries. Subtitle B: Individual Market Rules - Prohibits an insurer (for an individual in a period of previous qualifying coverage) from declining to offer coverage or denying enrollment based on health status, medical condition, or similar factors. (Sec. 111) Mandates renewability of coverage for individuals, except for nonpayment of premiums, material misrepresentation, or plan termination. (Sec. 112) Requires that State law in effect on, or enacted after, enactment of this Act apply in lieu of the standards above in this subtitle unless the Secretary of Health and Human Services determines that the State law does not achieve access goals described in this subtitle. Allows States to meet those goals by using a National Association of Insurance Commissioners (NAIC) model adopted using a consultation process the Secretary approves. Subtitle C: COBRA Clarifications - Amends the Public Health Service Act, the Employee Retirement Income Security Act of 1974 (ERISA), and the Internal Revenue Code to modify continuation coverage requirements. Subtitle D: Private Health Plan Purchasing Cooperatives - Requires a State to certify health plan purchasing cooperatives (HPPCs) meeting the requirements of this paragraph. Provides for Federal certification if a State fails to do so. Regulates HPPC organization, duties, and activities. Preempts, for a HPPC meeting these requirements, State fictitious group laws. Preempts State premium rating requirement laws in certain circumstances. Requires compliance with State mandated benefit laws. Applies to HPPCs, for enforcement purposes only, the requirements of ERISA provisions relating to fiduciary responsibility and administration and enforcement. Title II: Application and Enforcement of Standards - Deems a requirement or standard under this Act imposed on a plan to be imposed on the issuer. (Sec. 202) Requires each State to mandate that each plan in the State meet the standards under this Act pursuant to an enforcement plan filed by the State with the Secretary of Labor, with employee plans enforced in the same manner as under specified ERISA provisions. Provides for Federal enforcement if a State fails to do so. Title III: Miscellaneous Provisions - Amends the Public Health Service Act to allow a health maintenance organization, if notified by a member that a medical savings account has been established for the member and if the member requests, to reduce the basic health services payment by requiring the payment of a deductible for basic health services. Mandates a study and report to appropriate congressional committees on: (1) mechanisms to ensure the availability of reasonably priced health coverage to employers purchasing group and individuals purchasing non-group coverage; and (2) whether standards limiting premium variation will further the purposes of this Act.
United States · United States Congress · 23 January 1996
Prohibition on United Nations Taxation Act of 1996 - Prohibits the U.S. from paying any voluntary or assessed contributions to the United Nations (U.N.) or any of its agencies if the U.N.: (1) attempts to impose a tax on any U.S. person; or (2) borrow funds from the International Bank for Reconstruction and Development (World Bank), International Monetary Fund, or any other similar or regional international financial institution. Prohibits the U.S. from paying any voluntary or assessed contributions to the U.N. or any of its agencies, including the U.N. Development Program, unless the President certifies to the Congress 15 days in advance of such payment that the U.N. or such agency is not engaged in any effort to develop or promote any taxation proposals in order to raise revenue for the U.N. or any such agency.
United States · United States Congress · 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 · 14 December 1995
Provides that any individual who performs Operation Joint Endeavor services (United Nations-sponsored peacekeeping activities in Bosnia and Herzegovina) shall be entitled to the same tax benefits under specified provisions of the Internal Revenue Code that are provided to U.S. military personnel who perform service in an area designated by the President as a combat zone. Makes this Act effective for periods beginning on or after December 4, 1995.
United States · United States Congress · 12 December 1995
Senior Citizens' Access to Health Care Act of 1995 - Amends title XVIII (Medicare) of the Social Security Act to require health maintenance organizations participating in the Medicare Program to offer coverage for out-of-network services to Medicare beneficiaries enrolled with such organizations.
United States · United States Congress · 7 December 1995
Water Supply Infrastructure Assistance Act of 1995 - Directs the Administrator of the Environmental Protection Agency to make grants to States for establishing water supply infrastructure accounts in State water pollution control revolving loan fund programs to provide assistance for the construction, rehabilitation, and improvement of water supply systems. Sets forth specific requirements for grant agreements. Applies certain provisions of the Federal Water Pollution Control Act regarding authorized uses of water pollution control revolving funds, corrective action, and auditing, reporting, and fiscal controls to water supply construction accounts. Sets forth amounts to be allotted to States and U.S. territories. Reserves a specified amount for grants to Indian tribes. Directs the Administrator to develop and submit to the Congress: (1) an estimate of the cost of needed construction, rehabilitation, and improvement of water supply systems in all States; and (2) a study of the economic impact on affected units of government of the cost of installation of water supply systems. Expresses the sense of the Congress that a recipient of assistance under this Act should purchase American-made equipment and products. Directs the Administrator to provide to each recipient of assistance a notice describing such sense of the Congress. Authorizes appropriations.
United States · United States Congress · 7 December 1995
Congratulates Northwestern University on the winning of the 1995 Big Ten Conference football championship and on the receipt by the Wildcats of an invitation to compete in the 1996 Rose Bowl. Commends the University for its pursuit of athletic as well as academic excellence.
United States · United States Congress · 5 December 1995
Designates the U.S. Post Office building that is to be located on the 2600 block of East 75th Street in Chicago, Illinois, as the Charles A. Hayes Post Office Building.
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 · 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 · 20 November 1995
Amends the Internal Revenue Code to provide for the nonrecognition of gain on sales of stock of a qualified refiner or processor to an eligible farmer's cooperative. Sets forth provisions concerning the determination as to whether any stock in the domestic corporation is a qualified security.
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 · 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 · 10 November 1995
Amends rule XLIV (financial disclosure) of the Rules of the House of Representatives to require each report filed with the Clerk of the House under title I of the Ethics in Government Act of 1978 for calendar year 1996 or any subsequent calendar year to disclose any gift (including a meal) with a fair market value in excess of $50 (other than personal hospitality of an individual or any gift received from a relative) as adjusted under such Act. Amends rule XLIII (Code of Official Conduct) to allow a House Member, officer, or employee to accept: (1) a gift with a fair market value of $50 (currently, $100) or less; and (2) an offer of free attendance for such individual and his or her spouse or dependent at a widely attended convention, conference, symposium, forum, panel discussion, dinner, viewing, reception, or similar event provided by the sponsor of the event if the individual participates in the event as a speaker or a panel participant by presenting information related to the Congress or matters before the Congress or by performing a ceremonial function appropriate to his or her official position, or if attendance at the event is appropriate to the performance of the official duties or representative function of the individual. Includes within the definition of "free attendance" waiver of all or part of a conference or other fee, the provision of lodging or transportation or the provision of food, refreshments, entertainment, and instructional materials furnished to all attendees as an integral part of the event. Excludes entertainment collateral to the event and food or refreshments taken other than in a group setting with substantially all other attendees. Permits such an individual, spouse, or dependent to accept a sponsor's unsolicited offer of free attendance at a charity event if: (1) the event is sponsored by a tax-exempt organization; (2) all expenses are paid by the sponsoring organization and not by another corporation or individual; (3) the proceeds to charity from the event exceed the costs of the event; and (4) the participation contributes in a tangible way to the success of the event.
United States · United States Congress · 9 November 1995
Prohibits the obligation or expenditure of funds appropriated or otherwise made available to the Department of Defense for the ground deployment of U.S. forces in Bosnia and Herzegovina as part of any peacekeeping operation or implementation force, unless funds for such deployment have been specifically appropriated by a law enacted after the date of enactment of this Act.
United States · United States Congress · 2 November 1995
Travel and Tourism Partnership Act of 1995 - Establishes the National Tourism Board to develop a national travel and tourism strategy for increasing U.S. travel and tourism. Establishes the National Tourism Organization as a non-Federal non-profit organization to implement the national travel and tourism strategy. Directs the Secretary of State and the Director of the United States Information Agency (USIA) to: (1) place priority on implementing recommendations by the National Tourism Board; and (2) cooperate with the National Tourism Organization. Authorizes the President to transfer up to 25 staff members of the United States Travel and Tourism Administration to the Foreign Service or the Commercial Service for two years to assist the Organization in its start-up activities. Amends the Export Enhancement Act of 1988 to require the Trade Promotion Coordinating Committee's (TPCC) Federal trade promotion plan to reflect, among other things, recommendations by the National Tourism Board. Makes the President of the National Tourism Organization a member of the TPCC.
United States · United States Congress · 2 November 1995
Amends the Soybean Promotion, Research, and Consumer Information Act to: (1) provide for certain soybean producer assessment refunds; (2) require a referendum on termination of the research and promotion order; and (3) require a simple majority for additional referendum requests.
United States · United States Congress · 30 October 1995
Expresses the sense of the House of Representatives that: (1) in the negotiation of any peace agreement between the parties to the conflict in the Republic of Bosnia and Herzegovina, there should not be a presumption, and it should not be considered to be a prerequisite to the successful conclusion of such a negotiation, that enforcement of such agreement will involve deployment of U.S. armed forces on the ground in the territory of the Republic; and (2) no U.S. armed forces should be deployed on the ground in such territory to enforce a peace agreement until the Congress has approved the deployment.
United States · United States Congress · 26 October 1995
Prohibits the obligation or expenditure of funds appropriated or otherwise made available to the Department of Defense for the ground deployment of U.S. forces in Bosnia and Herzegovina as part of any peacekeeping operation or implementation force, unless the deployment is specifically authorized by a law enacted after the date of enactment of this Act.
United States · United States Congress · 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 · 12 October 1995
Davis-Bacon Act Reform Amendments of 1995 - Amends the Davis-Bacon Act (DBA) to provide for wage determinations based on the locality where the work is performed. Requires contractors and subcontractors covered by DBA to pay laborers and mechanics: (1) unconditionally; (2) at least weekly; and (3) without subsequent deduction or rebate. Applies DBA requirements to laborers and mechanics employed by the contractor or subcontractor to: (1) work directly upon the site of the work, including work at fabrication plants, batch plants, tool yards, or similar facilities not on the project site but dedicated exclusively, or nearly so, to project construction (except previously established facilities whose location and continuance in operation are determined wholly without regard to the contract work); or (2) transport materials, supplies, and equipment to or from the worksite. Increases the minimum threshold (currently $2,000) for DBA coverage of contracts for public buildings and works to: (1) $100,000 for new construction, complete rehabilitation, or reconstruction; and (2) $25,000 for repairs or alterations. Sets conditions for coverage of leased property. Provides for periodic adjustments of such thresholds. Prohibits splitting contracts. Sets forth wage requirements in cases of contract option provisions. Sets preemption conditions. Sets forth provisions relating to apprentices, trainees, and helpers. Sets forth requirements relating to wages. Revises DBA enforcement provisions, including: (1) administrative procedures, including the Secretary of Labor's authority with respect to payment of workers, debarment of contractors, and coordination of enforcement; (2) review procedures, including court review of coverage determinations; and (3) creation of an administrative petition procedure for workers for wages, benefits, and damages. (Sec. 3) Amends the Copeland Act to: (1) eliminate weekly payroll data submission for contracts of $100,000 or less; and (2) change such weekly requirement to a monthly one for contracts of more than $100,000, with provisions for waivers for contractors or subcontractors who have demonstrated compliance with DBA and other labor standards. Revises enforcement provisions to: (1) require contractors and subcontractors to maintain payroll and related records for three years after completion of contract work and make them available upon request of the contracting officer or the Secretary; (2) grant the Secretary subpoena and debarment authority with respect to records; and (3) establish penalties for false records. Amends the Contract Work Hours and Safety Standards Act to provide that: (1) the Secretary, rather than the Comptroller General, shall initiate debarment action for violations; and (2) the General Services Administration (GSA) shall include the names of those debarred on a government-wide list.
United States · United States Congress · 28 September 1995
Prohibits any funds available to the Department of Defense from being obligated or expended for the deployment or participation of U.S. armed forces in any peacekeeping operation in Bosnia-Herzegovina that is not specifically authorized by a law enacted after enactment of this Act. Specifies that this Act shall not apply t: (1) operations of the nature and extent conducted by U.S. armed forces in Bosnia-Herzegovina during FY 1995; (2) emergency air rescue operations; (3) the airborne delivery of humanitarian supplies; or (4) the planning and execution of OPLAN 40104 or a similar operation to extract UNPROFOR personnel.
United States · United States Congress · 27 September 1995
TABLE OF CONTENTS: Title I: Grants to Encourage Establishment of Community Rural Health Networks Title II: Incentives for Health Professionals to Practice in Rural Areas Subtitle A: National Health Service Corps Program Subtitle B: Incentives Under Other Programs Title III: Assistance for Institutional Providers Subtitle A: Hospital-Affiliated Primary Care Centers Subtitle B: Assistance to Rural Providers Under Medicare Subtitle C: Demonstration Projects to Encourage Primary Care and Rural-Based Graduate Medical Education Title IV: Medicare Payment Methodologies Title V: Hospital Antitrust Fairness Title VI: Financing Rural Health Development Act - Title I: Grants to Encourage Establishment of Community Rural Health Networks - Mandates grants to a State to develop plans to increase health care access for residents of chronically underserved areas. Authorizes appropriations. (Sec. 102) Requires that funds be made available for technical assistance for certain entities seeking to establish or enhance a community rural health network in an underserved rural area. Authorizes appropriations. (Sec. 103) Mandates financial assistance for developing and implementing community rural health networks. Authorizes appropriations. Title II: Incentives for Health Professionals to Practice in Rural Areas - Subtitle A: National Health Service Corps Program - Amends the Internal Revenue Code to exclude from gross income any payment made on behalf of a taxpayer by the National Health Service Corps Loan Repayment Program. (Sec. 202) Mandates a study regarding possible modifications to the statutory and administrative criteria for the designation of health professional shortage areas. (Sec. 203) Amends the Public Health Service Act to modify priorities in assigning National Health Service Corp members. Requires that certain funds be reserved to ensure that a certain number of participants in the National Health Service Corps Scholarship Program are being educated as nurses. Subtitle B: Incentives Under Other Programs - Amends title XVIII (Medicare) of the Social Security Act to mandate an incentive payment of 20 (currently, 10) percent for physician primary care services (currently, for physician services) in a health professional shortage area. Continues the incentive payments in an area for three years after withdrawal of the health professional shortage area designation. Mandates a study of the effectiveness of additional payments in recruiting and retaining physicians to provide services in such areas. (Sec. 212) Requires publication of a model State law to increase individuals' health care access in underserved rural areas by expanding the services which non-physician health care professionals may provide in such areas. Title III: Assistance for Institutional Providers - Subtitle A: Hospital-Affiliated Primary Care Centers - Amends the Public Health Service Act to require that certain funds be reserved for the establishment and operation of hospital-affiliated primary care centers. Subtitle B: Assistance to Rural Providers Under Medicare - Amends Medicare provisions to include rural emergency access care hospitals (REACHs) in the definition of "hospital" for purposes of provisions relating to examination and treatment for emergency medical conditions and women in labor. (Sec. 312) Adds inpatient REACH services to the scope of benefits under Medicare part A (Hospital Insurance). Applies existing deductible and coinsurance requirements to such services. Regulates the amount of payments for inpatient rural primary care hospital services. Adds references to REACHs to the definition of "spell of illness." Includes REACHs in the scope of Medicare part B (Supplementary Medical Insurance). Authorizes benefit payments. Subtitle C: Demonstration Projects to Encourage Primary Care and Rural-Based Graduate Medical Education - Mandates a demonstration project (to increase the number and percentage of medical students entering primary care practice) involving payments to not more than ten States and not more than ten health care training consortia. Requires corresponding reductions in payments (under specified Medicare provisions) to recipient States and hospitals for direct graduate medical education (GME) costs. Authorizes planning and evaluation grants to participating States and consortia. Authorizes appropriations for the grants. Title IV: Medicare Payment Methodologies - Mandates development of a methodology for making payments under Medicare part B (Supplementary Medical Insurance) for telemedicine services furnished on an emergency basis in a health professional shortage area. Amends Medicare provisions relating to payments to health maintenance organizations (HMOs) and competitive medical plans to modify the definition of "adjusted average per capita cost" to require that amounts be determined for all of the United States rather than for various geographic areas. Title V: Hospital Antitrust Fairness - Makes antitrust laws inapplicable to hospital mergers or contracts between hospitals to allocate services if each of the hospitals: (1) is outside of a city, or in a city with less than 150,000 inhabitants; (2) received more than 40 percent of its gross revenue from payments under Federal programs; and (3) the Health Care Financing Administration (HCFA) has issued a certificate specifying that HCFA has determined that the merger or contract would reduce Federal expenditures, not increase consumer costs, and not reduce access to health care services. Title VI: Financing - Amends the Internal Revenue Code to impose a tax on Medicare-covered individuals with modified adjusted gross incomes above specified amounts. (Sec. 602) Declares that, notwithstanding any other provision of law, no funds are authorized to be appropriated to carry out these programs for FY 1996 or any subsequent fiscal year: (1) the grant program for rural health transition under specified provisions of the Omnibus Budget Reconciliation Act of 1987; (2) the program for rural outreach grants and the telemedicine grant program that were, for FY 1995, carried out by the Health Resources and Services Administration with funds under a specified Federal law; (3) the program under specified Public Health Service Act provisions relating to State offices of rural health; and (4) the programs under specified parts of title XII (Trauma Care) of the Public Health Service Act.
United States · United States Congress · 14 September 1995
Distilled Spirits Tax Payment Simplification Act of 1995 - Amends the Internal Revenue Code to modify or impose requirements regarding: (1) the transfer of distilled spirits between bonded premises and between importation and bonded premises; (2) operations as a bonded dealer conducted on the bonded premises of a distilled spirits plant; (3) establishment and operation of such a plant by a bonded dealer; (4) election to be treated as a bonded dealer; (5) the time at which the tax on distilled spirits is determined; (6) distilled spirits lost or destroyed in bond or returned to bonded premises; (7) the time for tax payment and payment by electronic transfer; and (8) application to a plant used by a bonded dealer of provisions relating to sales by proprietors of controlled premises.
United States · United States Congress · 13 September 1995
Amends titles II (Old Age, Survivors and Disability Insurance) and XVI (Supplemental Security Income) (SSI) of the Social Security Act to provide for payments to State and local prisons for monthly reports on the identities of inmates ineligible for benefits, especially those erroneously paid such a benefit. Denies SSI benefits for ten years to a person found to have fraudulently obtained such benefits while in prison.
United States · United States Congress · 7 September 1995
TABLE OF CONTENTS: Title I: Private Property Rights and Voluntary Incentives for Private Property Owners Title II: Improving Ability to Comply with the Endangered Species Act of 1973 Title III: Improving Scientific Integrity of Listing Decisions and Procedures Title IV: Recognizing Other Federal Action, Laws, and Missions Title V: Better Management and Conservation of Listed Species Title VI: Habitat Protections Title VII: State Authority to Protect Endangered and Threatened Species Title VIII: Funding of Conservation Measures Title IX: Miscellaneous Provisions Endangered Species Conservation and Management Act of 1995 - Amends the Endangered Species Act of 1973 (the Act) to revise: (1) the findings and purposes of the Act to include consideration of economic impacts and property owners' rights while encouraging practices that protect species; and (2) the policy of the Act to prohibit the Federal Government from using or limiting the use of privately owned property when such action diminishes the value of such property without payment of fair market value to the owner of private property. Title I: Private Property Rights and Voluntary Incentives for Private Property Owners - Amends the Act to prohibit the Government from taking an agency action affecting privately or non-federally owned property under the Act which results in diminishment of value of any portion of that property by 20 percent or more unless compensation is offered in accordance with this title. Requires the Federal agency that takes an action that exceeds that amount to compensate the private property owner for the otherwise lawful use or limitation on such use in the amount of the diminution in value of the portion of that property resulting from such use or limitation. Specifies that, if the diminution in value of a portion of that property is greater than 50 percent, at the option of the owner, the agency shall buy that portion and pay fair market value based on the value of the property before the use or limitation was imposed. Directs that compensation paid reflect the duration of the use or limitation necessary to achieve the purposes of the Act. Sets forth provisions regarding: (1) procedures for written requests for compensation by the owner; (2) agency negotiations with that owner to reach agreement; (3) choice of remedies; (4) arbitration; (5) civil actions (an owner who prevails in a civil action against the agency shall be entitled to the amount of compensation awarded plus reasonable attorney's fees and other litigation costs); (6) source of payments; (7) availability of appropriations (any U.S. obligation to make such a payment shall be subject to the availability of appropriations); and (8) duty of notice to owners of agency actions limiting the use of private property and of procedures for obtaining compensation. (Sec. 102) Requires the Secretary of the Interior (Secretary), in carrying out the program authorized by the Act, to cooperate to the maximum extent practicable with the States and other non-Federal persons, including consultation before acquiring any land or water, or interest therein, for the purpose of conserving any endangered or threatened species. Authorizes the Secretary to enter into a cooperative management agreement with any State or local government or non-Federal person for the management of a species listed as endangered or threatened, to be listed, or which is a candidate for listing, or for the management or acquisition of an area which provides habitat for a species, subject to specified limitations. Sets forth provisions regarding: (1) environmental assessments; (2) the effect of listing a species; and (3) violations of such agreements. (Sec. 103) Authorizes the Secretary to provide grants to certain non-Federal persons for the purpose of conserving, preserving, or improving habitat for any species that is determined to be an endangered or threatened species upon determining that: (1) the property for which the grant is provided contains habitat that significantly contributes to the protection of the population of the species and has been managed for species protection for a sufficient period of time to significantly contribute to the protection of the species population; and (2) the management of the habitat advances the interest of species protection. (Sec. 104) Directs the Secretary to initiate a program to provide technical advice and assistance to non-Federal persons who wish to participate in achieving the conservation objective for a species for which a conservation goal has been adopted. (Sec. 105) Specifies that nothing in the Act shall be construed to supersede, abrogate, or otherwise impair any right or authority of a State to allocate or administer quantities of water. Title II: Improving Ability to Comply With the Endangered Species Act of 1973 - Amends the Act to provide that an activity of a non-Federal person is not a taking of a species if the activity: (1) is consistent with the provisions of a final conservation plan or conservation objective; (2) complies with the terms and conditions of an incidental take permit or a cooperative management agreement; (3) addresses a critical, imminent threat to public health or safety or a catastrophic natural event, or is mandated by any Federal, State, or local government agency for public health or safety purposes; or (4) is incidental to, and not the purpose of, carrying out an otherwise lawful activity that occurs in an area of the territorial sea or exclusive economic zone that is not designated as critical habitat and the affected species is not a species of fish. Makes enforcement provisions and provisions regarding rewards and incidental expenses paid by the Secretary or the Secretary of the Treasury applicable specifically to endangered or threatened species of fish and wildlife (current law doesn't specify endangered or threatened species). Specifies that no interpretation, policy, guideline, finding, or other informal determination may be relied upon by the Secretary in the implementation and enforcement of the Act unless such determination has been the subject of a proposed rule, subject to specified requirements. Places the burden on the Secretary to show that a specimen belongs to a species which is determined to be an endangered or threatened species. Authorizes civil suits by persons who have suffered or are threatened with economic or other injury resulting from actions by Federal officials with respect to enforcement of the Act under specified circumstances. (Sec. 202) Defines, for purposes of the Act: (1) "take" to mean to harm, pursue, hunt, shoot, wound, kill, trap, capture, collect, or attempt to engage in that conduct; and (2) "harm" to mean to take a direct action against any member of an endangered species of fish or wildlife that actually injures or kills a member of the species. (Sec. 203) Authorizes non-Federal persons to initiate consultation with the Secretary on any prospective activity: (1) to determine if the activity is consistent with a conservation plan or objective; or (2) if the person determines that the activity is inconsistent, to determine whether the activity is likely to jeopardize the continued existence of an endangered or threatened species or to destroy or adversely modify the designated critical habitat of the species in a manner that is likely to jeopardize the continued existence of the species. (Sec. 204) Sets forth or revises provisions regarding: (1) incidental take permit requirements; (2) general, research, and educational permits; (3) maintenance of aquatic habitats for listed species; (4) compliance with international requirements and treaties; and (5) incentives for protection of marine species. Title III: Improving Scientific Integrity of Listing Decisions and Procedures - Revises provisions of the Act regarding determinations that a species is endangered or threatened to direct the Secretary to make such determinations based on specified factors, including: (1) the present or threatened loss of its habitat; and (2) the inadequacy of existing Federal, State, and local government regulatory mechanisms. Requires the Secretary to make such determinations solely on the basis of the best scientific and commercial data available after conducting a review of the status of the species and after soliciting and fully considering the best scientific and commercial data available concerning the status of a species from any affected State or any interested non-Federal person, taking into account other specified factors. Sets forth or revises provisions regarding: (1) consideration of State recommendations; (2) listing of foreign species; (3) soliciting scientific information; (4) emergency listings; (5) use of the best scientific and commercial data; (6) identifying data used for decisions; (7) judicial review; (8) peer review; (9) making data public; (10) improving the petition and designation processes; (11) greater State involvement; (12) monitoring the status of species; and (13) petitions to delist species. Title IV: Recognizing Other Federal Action, Laws, and Missions - Amends the Act to direct: (1) the Secretary to review other programs administered by the Secretary and utilize such programs in furtherance of the purposes of the Act; and (2) each Federal agency to ensure that any action authorized, funded, or carried out by such agency is not likely to jeopardize the continued existence of any endangered or threatened species or destroy or adversely modify any habitat that is designated by the Secretary as critical habitat of the species in a manner that is likely to jeopardize the continued existence of the species. Sets forth provisions regarding: (1) involvement of applicants for Federal approvals; (2) conferring on candidate species; (3) limitations on modifications to land management; (4) resolving conflicts between Federal agencies; (5) procedures for consultation; and (6) activities prior to completion of consultation. (Sec. 402) Sets forth provisions regarding exemptions from consultation and conferencing requirements. Specifies that an agency action shall not constitute a taking of a species prohibited by the Act or any regulation thereunder if the action is consistent with those provided for in a final conservation plan or a conservation objective under this Act, or a cooperative management agreement or an incidental take permit. (Sec. 403) Eliminates the Endangered Species Committee and related provisions. Title V: Better Management and Conservation of Listed Species - Amends the Act to direct the Secretary to publish a conservation objective and a conservation plan for each species determined to be an endangered or threatened species. Requires the Secretary: (1) within 30 days after the listing determination, to appoint an assessment and planning team (which shall report to the Secretary within 180 days the assessment of specified biological, economic, and intergovernmental factors with respect to the listed species); and (2) within 210 days, to review the report to establish a conservation objective for the species and publish in the Federal Register the conservation objective, along with a statement of findings on which the objective was established. (Sec. 502) Directs the Secretary, in the development and implementation of a conservation plan, to accord specified priorities, including to: (1) the development of an integrated plan for two or more endangered or threatened species that are likely to benefit from an integrated conservation plan; and (2) nonregulatory, incentive-based conservation measures and commercial activities that provide a net benefit to the conservation of the species. Sets forth provisions regarding: (1) publication of a draft plans; (2) contents of such plan; (3) plan preparation procedures; (4) publication of a final plan; (5) participation by other persons; (6) plan revision or amendment; and (7) lack of further procedures or requirements for actions consistent with the conservation plan. (Sec. 503) Delineates procedures regarding: (1) management prior to publication of a conservation plan; (2) emergency rulemaking protections; (3) suspension of conservation plans or objectives; (4) non-delegation of duties; and (5) review of conservation plans. (Sec. 504) Authorizes the Secretary to: (1) designate critical habitat of a species determined to be an endangered or threatened species that meets specified requirements utilizing the National Biodiversity Reserve (see Title VI) as a first priority; and (2) revise a critical habitat designation on determining that such habitat does not meet such requirements. Sets forth provisions regarding: (1) deadlines for designation; (2) basis for designation (directs the Secretary to exclude any area from critical habitat which does not meet the definition as set forth in this Act, which is not necessary to achieve the conservation objective for the affected species, for which the Secretary determines that the benefits of exclusion outweigh the benefits of designation (with exceptions), and in the case of property owned by a non-Federal person, where the owner has not given written consent to the designation or has not been compensated); (3) procedure for designation; and (4) judicial review of the critical habitat designation. Sets forth provisions regarding: (1) the standard for judicial review of decisions regarding conservation objectives or plans; (2) conservation plans for foreign species; and (3) the definition of critical habitat. (Sec. 505) Authorizes the Secretary to: (1) utilize captive propagation as a means of protecting or conserving an endangered or threatened species; and (2) provide annual grants to non-Federal persons to fund captive propagation programs if the Secretary determines that such a program contributes to enhancement of the population of such a species. (Sec. 506) Revises provisions regarding experimental populations to require the Secretary, before authorizing the release of a population of endangered or threatened species outside the current range of such species, to identify the precise boundaries of the geographic area for the release and determine whether the release is in the public interest. Provides that: (1) any member of an experimental population found outside the geographic area in which the population is released shall not be treated as a threatened species if the member poses a threat to the welfare of the public; and (2) critical habitat shall not be designated under the Act for any experimental population determined to be not essential to the continued existence of a species. Sets forth requirements for releases of such populations, including that the Secretary require that: (1) to the maximum extent practicable, the release occurs only in a unit of the National Park System or the National Wildlife Refuge System; (2) the regulations authorizing the release identify precisely the geographic area for the release; and (3) a release on non-Federal land occurs only with the written consent of the owner of the land. (Sec. 507) Revises provisions regarding regulations to protect threatened species to direct the Secretary to issue, concurrently with the regulation that provides for the listing of the species, such regulations as the Secretary deems necessary and advisable to provide for the conservation of such species. Specifies that prohibitions applied to the threatened species shall address the specific circumstances of such species and may not be as restrictive as such prohibition for endangered species. Requires conservation guidelines to include a system for developing and implementing, on a priority basis, conservation objectives and conservation plans. Directs the Secretary to provide to the public notice of, and opportunity to submit written comments on, any guideline proposed to be established. Title VI: Habitat Protections - Establishes a National Biological Diversity Reserve, composed of units of Federal and State lands designated and managed in accordance with this title. Directs the Secretary and the Secretary of Agriculture to designate to the Reserve by regulation those units of the national conservation systems which are within the jurisdiction of the Secretary concerned and which the Secretary determines would contribute to the protection, maintenance, and enhancement of biological diversity. Directs the Secretary to: (1) designate to the Reserve a unit of State-owned lands if such unit is nominated for designation by the Governor of the State and is managed under State law in accordance with this title; (2) designate to the Reserve privately owned land that is nominated for designation by the owner of the land, and remove such land from the Reserve if the owner requests removal; (3) remove from the Reserve a unit designated which the Secretary finds is not managed under State law in accordance with this title; and (4) remove from the Reserve any State-owned lands at the request of the Governor of that State. Requires: (1) each unit of the Reserve to have as an objective for the management thereof the preservation, maintenance, and enhancement of biological diversity; and (2) within one year of the designation of a unit to the Reserve, the manager of such unit to complete, and the Secretary concerned to make available to the public by notice in the Federal Register, an inventory of the species composing the biological diversity within such unit. (Sec. 602) Directs the Secretary, and the Secretary of Agriculture with respect to the National Forest System, to establish and implement a program to conserve fish, wildlife, and plants, including those which are determined to be endangered or threatened species. Provides that, to carry out such program, the appropriate Secretary: (1) shall utilize the land acquisition and other authority under the Fish and Wildlife Act of 1956, the Fish and Wildlife Coordination Act, and the Migratory Bird Conservation Act, as appropriate; and (2) is authorized to acquire lands, waters, or interests therein (lands). (Sec. 603) Directs the Secretary and the Secretary of Agriculture to encourage exchanges of lands within the jurisdiction of each Secretary (other than units of the National Park System and the National Wilderness Preservation System) for lands that are not in Federal ownership and that are affected by this Act. Sets forth provisions regarding the timing of exchanges, environmental assessment, expeditious exchange decisions, applicable law, and valuation of lands acquired. Title VII: State Authority to Protect Endangered and Threatened Species - Authorizes the Secretary to delegate to a State which establishes and maintains an adequate program for the conservation of endangered and threatened species the authority contained in this Act with respect to species of fish, wildlife, and plants that are residents in the State. Requires the Secretary, within 120 days after receiving a certified copy of a proposed State program, to determine whether such program will be adequate to provide protections to endangered and threatened species in such State, based on specified guidelines. Sets forth provisions regarding: (1) Federal financial assistance to a State which has received such delegation; (2) contents of a delegation agreement; (3) State compliance with this Act; (4) review of State programs; and (5) conflicts between Federal and State laws. (Sec. 702) Directs the Secretary, in any instance in which a State has a program for management of a native species which is the subject of a request for an export permit under the Convention on International Trade in Endangered Species of Wild Fauna and Flora, to act in accordance with the recommendation of the State unless the Secretary makes a finding and publishes a notice in the Federal Register that scientific evidence justifies a conclusion contrary to the advice of the State. Authorizes the State which is subject to such a finding, or any person in that State directly affected because of inability to obtain a permit, to appeal the finding to an administrative law judge or a court. Places the burden on the Secretary to show that the evidence supports a finding contrary to the recommendation of the State. Title VIII: Funding of Conservation Measures - Authorizes appropriations to the Departments of the Interior, Commerce, and Agriculture through FY 2001 to carry out the Act, including for cooperative management agreements, Convention implementation, non-Federal conservation planning, and habitat conservation grants. (Sec. 802) Directs the Secretary, for any non-Federal person or Federal power marketing administration, to pay half of any direct costs that result from the compliance by the person or administration mandated by a conservation plan or measure that provides protection to a listed species under a plan developed under the Pacific Northwest Electric Power Planning and Conservation Act, including a plan that provides protection to a larger population unit of the same listed species. Sets forth provisions regarding consultation requirements, incidental take permits, cooperative management agreements, method of cost-sharing, existing cost-sharing agreements, and adjustments to the cost-sharing percentage. (Sec. 803) Establishes in the Treasury an Endangered Species and Threatened Species Conservation Trust Fund. Title IX: Miscellaneous Provisions - Defines or redefines the terms: (1) "non-Federal person"; and (2) "commercial activity." (Sec. 902) Directs the Secretary to: (1) identify those species which are listed under the Act as a result of being determined to be a population segment; and (2) review and determine whether or not it is in the national interest to continue to list each such segment. Requires those segments which the Secretary recommends for continued listing to be submitted to the Congress for approval, and that any segment not determined to be in the national interest to be delisted. (Sec. 903) Requires the Secretary to publish a list of all species that were determined to be endangered or threatened species for which no final recovery plans were issued, divided equally into three tiers of priority for preparation of conservation objectives and plans (with any species listed as an endangered or threatened species in more than one State being placed in the first tier of priority). Directs the Secretary to publish a conservation objective, draft conservation plan, and final conservation plan for each species within each tier of priority according to a specified timetable. Sets forth provisions regarding: (1) priority for revision of existing plans (for listed species with recovery plans); (2) a schedule for revision of plans; (3) species for which no conservation plan is required; (4) a prohibition on additional requirements; and (5) existing biological opinions.
United States · United States Congress · 7 September 1995
Federal Aviation Administration Revitalization Act of 1995 - Establishes the Federal Aviation Administration (FAA) as an independent Federal agency to succeed the FAA which is currently part of the Department of Transportation (DOT). (Sec. 3) Establishes a Federal Aviation Board (Board), which shall appoint a Chief Executive Officer. Directs the Board to develop, and submit to the Congress, a personnel management system for the Administration. Establishes the Federal Aviation Management Advisory Committee to provide advice and counsel to the Administration. Prohibits the FAA, without the prior approval of the Board, from issuing a proposed or final regulation, airworthiness directive, or advisory circular that may result in the expenditure by State, local, and tribal governments, or by the private sector, of $10 million or more in any one year. Provides an exception in cases of an emergency. Requires Department of Transportation (DOT) review of all proposed or final FAA regulations. Directs the Board to develop, and submit to the Congress, an acquisition management system for the FAA. Permits the judicial review of Administration actions. (Sec. 4) Revises Federal transportation law to require the Chief Executive Officer to prepare, subject to Board approval, an annual budget for the FAA. (Sec. 5) Requires the FAA to publish cost-benefit analyses of minimum aircraft safety regulations that result in annualized compliance costs in excess of $25 million. (Sec. 6) Declares that receipts and disbursements of the Airport and Airway Trust Fund: (1) shall not be included in the totals of the President's or Congress' budget; (2) shall be exempt from any general budget limitations; and (3) shall be exempt from the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act). Requires the FAA to make annual estimates of unfunded aviation authorizations and net aviation receipts at the close of the following fiscal year. (Sec. 8) Directs the Administrator of the current FAA to issue a notice of proposed rulemaking or a denial of the petition in Docket 27791 of the FAA relating to increasing the fee that airlines retain in collecting passenger facility charges. Makes such fee increase sought in such petition effective if the Administrator fails to respond to the petition. (Sec. 9) Requires the Board to establish a select panel to review and report to the Congress on innovative financing mechanisms for ensuring adequate funding for existing and future aviation infrastructure needs. (Sec. 13) Terminates the FAA of the DOT. (Sec. 14) Directs the Secretary of Transportation to terminate 200 employee positions in the Office of the Secretary to reflect reductions in the aviation responsibilities in such office. (Sec. 15) Amends Federal transportation law to make conforming amendments to reflect FAA changes.
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 · 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 · 13 July 1995
Farm Credit System Regulatory Relief Act of 1995 - Amends the Farm Credit Act of 1971 to extend the length of time between required Farm Credit Administration examinations of Farm Credit System (FCS) institutions. (Sec. 5) Directs the Farm Credit System Insurance Corporation (FCSIC) to allocate Farm Credit Insurance Fund excess interest earnings to FCS banks. (Sec. 6) Requires FCSIC to implement the least-cost alternative, including liquidation, in providing assistance to troubled FCS banks. (Sec. 8) States that FCSIC may act as conservator or receiver of a FCS institution. (Sec. 9) Sets forth specified FCSIC oversight and regulatory authority, including regulation of golden parachute and indemnification payments. (Sec. 10) Permits FCS associations to establish administrative service entities. (Sec. 11) Sets forth specified requirements for secondary market loan sales, including borrowers' rights. (Sec. 12) Revises certain paperwork, private sector certification, and operating provisions.
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 · 28 June 1995
Food and Dietary Supplement Consumer Information Act of 1995 - Amends the Federal Food, Drug, and Cosmetic Act (FDCA) to replace provisions relating to dietary supplement labeling exemptions with provisions declaring that, if the labeling or advertising for a food or dietary supplement contains a claim or other information characterizing the relationship of the food or supplement (or the presence or absence of any substance in the food or supplement) to a disease or health-related condition, the food or supplement may not be deemed adulterated or misbranded if the claim or information is truthful and not misleading. Repeals provisions regulating the circumstances under which a food is deemed misbranded regarding dietary supplements and health-related claims. Revises the definition of "dietary supplement" with regard to the circumstances in which a new drug, antibiotic, or biologic is included in the definition. Repeals provisions relating to new dietary ingredients. Removes provisions deeming a food adulterated if it contains a new dietary ingredient for which there is inadequate safety information. Revises the definition of "drug" regarding the circumstances in which a food, dietary ingredient, or dietary supplement is considered a drug. Removes provisions deeming, subject to exception, a dietary supplement to be a food. Deems a food adulterated if it is a dietary supplement or contains a dietary ingredient that presents a substantial and unreasonable (currently, that presents a significant or unreasonable) risk of illness or injury. Prohibits a State or political subdivision from: (1) deeming a food or dietary supplement to be a drug or establishing any requirement as though it were a drug; or (2) deeming a food or dietary supplement adulterated, misbranded, or otherwise out of compliance with law by reason of a claim in labeling or advertising that complies with provisions of this Act. Abolishes the Commission on Dietary Supplement Labels and repeals the provisions establishing it.
United States · United States Congress · 22 June 1995
Supports the National Railroad Hall of Fame, Inc., of Galesburg, Illinois, in its endeavor to erect the monument known as the National Railroad Hall of Fame.
United States · United States Congress · 20 June 1995
Organ Donation Insert Card Act - Directs the Secretary of the Treasury to include specified organ donation information with income tax refund payments made during a specified period.
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 · 8 June 1995
Amends the Federal criminal code to exempt qualified current or former law enforcement officers from State laws prohibiting the carrying of concealed firearms. Specifies that a State or political subdivision thereof may require such individuals to provide appropriate authorities with prior notice of the intent of the individual to carry a concealed firearm, but makes such requirement inapplicable to such an individual who is passing through the jurisdiction without undue delay en route to another jurisdiction.
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.
![Official portrait of Rep. LaHood, Ray [R-IL-18]](https://www.congress.gov/img/member/l000552_200.jpg)