United States · United States Congress · 18 July 1995
China Policy Act of 1995 - Urges the President to undertake diplomatic initiatives to persuade China to: (1) immediately and unconditionally release Harry Wu from detention; (2) adhere to international standards regarding the nonproliferation of weapons of mass destruction by, among other things, halting the export of ballistic missile technology and the provision of other weapons of mass destruction assistance, in violation of international standards, to Iran, Pakistan, and other countries of concern; (3) respect the internationally-recognized human rights of its citizens; (4) curtail excessive modernization and expansion of its military capabilities, and adopt defense transparency measures that will reassure its neighbors; (5) end provocative military actions in the South China Sea and elsewhere that threaten China's neighbors, and work with them to resolve disputes peacefully; (6) adhere to a rules-based international trade regime in which existing trade agreements are fully implemented and enforced, and equivalent and reciprocal market access is provided for U.S. goods and services there; and (7) reduce tensions with Taiwan. Requires the President to report to the Congress on: (1) the actions taken and the progress achieved by the United States with respect to these objectives; and (2) the actions taken in light of them with respect to China by the United Nations and other international organizations, including the World Bank and the World Trade Organization. Amends the United States International Broadcasting Act of 1994 to require the Director of the USIA to submit to the Congress a plan for the establishment of Radio Free Asia to broadcast into China. Requires Radio Free Asia to commence broadcasting to China within 90 days after enactment of this Act.
United States · United States Congress · 12 July 1995
TABLE OF CONTENTS: Title I: Rechargeable Battery Recycling Act Title II: Mercury-Containing Battery Management Act Mercury-Containing and Rechargeable Battery Management Act - Directs the Administrator of the Environmental Protection Agency to establish a program to provide information on the proper handling and disposal of used regulated batteries and rechargeable consumer products with nonremovable batteries. Defines a "regulated battery" as a rechargeable battery that contains a cadmium or lead electrode or contains other electrode chemistries and is the subject of a specified determination by the Administrator. Establishes civil penalties for violations of this Act. Sets forth recordkeeping requirements and establishes access authorities for the Administrator. Authorizes appropriations. Title I: Rechargeable Battery Recycling Act - Rechargeable Battery Recycling Act - Prohibits any person from selling for use in the United States a regulated battery or a rechargeable consumer product ready for retail sale and manufactured on or after 12 months after this Act's enactment date unless the battery is easily removable from the product or is sold separately. Sets forth labeling requirements, including that the label contain a statement that the battery must be recycled or disposed of properly. Authorizes the Administrator, upon determining that other rechargeable batteries having electrode chemistries different from regulated batteries are toxic and may cause substantial harm if discarded for land disposal or incineration, to promulgate requirements for: (1) labeling such batteries and related products; and (2) easy removability of regulated batteries from rechargeable consumer products designed to contain such batteries. Provides for exemptions from this Act's requirements under certain conditions. Title II: Mercury-Containing Battery Management Act - Mercury-Containing Battery Management Act - Prohibits the sale or offering for sale or promotional purposes of: (1) alkaline-manganese batteries manufactured on or after January 1, 1996, with a mercury content that was intentionally introduced (limits the content in alkaline-manganese button cells to 25 milligrams of mercury per button cell); (2) zinc carbon batteries manufactured on or after January 1, 1996, that contain mercury that was intentionally introduced; (3) button cell mercuric-oxide batteries for use in the United States on or after January 1, 1996; and (4) any mercuric-oxide battery on or after January 1, 1996, unless the manufacturer identifies a collection site that has all required Federal, State, and local government approvals, to which persons may send such batteries for recycling or disposal and informs its purchasers of such site and of a telephone number to get information about sending such batteries for recycling or disposal. Authorizes the Administrator, upon the petition of a person that proposes a new use for a battery technology or the use of a battery described in this title in a new product, to exempt such new use or product from this title if there exist safeguards to ensure that the battery or product will not be disposed of in an incinerator, composting facility, or landfill (other than a facility regulated under subtitle C of the Solid Waste Disposal Act).
United States · United States Congress · 12 July 1995
TABLE OF CONTENTS: Title I: Department of the Treasury Title II: Postal Service Title III: Executive Office of the President and Funds Appropriated to the President Title IV: Independent Agencies Title V: General Provisions Title VI: Governmentwide General Provisions Treasury, Postal Service and General Government Appropriations Act, 1996 - Title I: Department of the Treasury - Treasury Department Appropriations Act, 1996 - Makes appropriations to the Department of the Treasury and its related agencies for FY 1996. Sets forth provisions on the uses of such appropriations. Title II: Postal Service - Postal Service Appropriations Act, 1996 - Makes appropriations to the Postal Service Fund for FY 1996. Title III: Executive Office of the President and Funds Appropriated to the President - Executive Office Appropriations Act, 1996 - Makes appropriations for FY 1996 for the Executive Office of the President and related offices and programs. Title IV: Independent Agencies - Independent Agencies Appropriations Act, 1996 - (1) the Committee for Purchase from People who are Blind or Severely Disabled; (2) the Federal Election Commission; (3) the Federal Labor Relations Authority; (4) the General Services Administration; (5) the John F. Kennedy Assassination Records Review Board; (6) the Merit Systems Protection Board; (7) the National Archives and Records Administration; (8) the National Historical Publications and Records Commission; (9) the Office of Government Ethics; (10) the Office of Personnel Management; (11) the Office of Inspector General; (12) the Office of Special Counsel; and (13) the United States Tax Court. Specifies uses of funds provided to the General Services Administration. Title V: General Provisions - Sets forth certain prohibitions and limitations on the use of appropriations made under this Act. (Sec. 515) Requires entities appropriated funds under this Act to comply with the Buy American Act. Expresses the sense of the Congress to such effect. (Sec. 522) Establishes in the Treasury the United States Mint Public Enterprise Fund into which shall be deposited all receipts from Mint operations and programs and from which Mint expenses shall be paid. (Sec. 524) Prohibits Act funds being available to pay for an abortion or expenses in connection with any health plan under the Federal employees health benefit program which provides any benefits or coverage for abortions, except where the life of the mother would be endangered if the fetus were carried to term. Title VI: Governmentwide General Provisions - Sets forth certain requirements for and prohibitions and limitations on the use of appropriations by departments, agencies, and corporations. (Sec. 608) Authorizes Federal agencies to receive and use funds resulting from the sale of materials recovered through recycling or waste prevention programs. (Sec. 624) Requires all Federal departments, agencies, or instrumentalities to have and administer a written policy designed to ensure that all of its workplaces are free from discrimination and sexual harassment and that all of its workplaces are not in violation of title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act of 1967, and the Rehabilitation Act of 1973. (Sec. 625) Requires the President to certify to the Congress annually that no persons with responsibility for administering the Executive Office of the President's Drug-Free Workplace Plan are themselves subject to a program of individual random drug testing. (Sec. 627) Establishes the Commission on Federal Mandates which shall report on Federal mandates as specified in provisions of the Unfunded Mandates Reform Act of 1995.
United States · United States Congress · 28 June 1995
Parental Rights and Responsibilities Act of 1995 - Prohibits any Federal, State, or local government or any official of such a government from interfering with or usurping the right of a parent to govern the upbringing of a child of the parent. Disallows any exception to this Act unless the government or official is able to demonstrate, by appropriate evidence, that such interference or usurpation is valid to accomplish a compelling government interest, in which case only the least amount of interference may be used.
United States · United States Congress · 22 June 1995
TABLE OF CONTENTS: Title I: Deterrence of Illegal Immigration Through Improved Border Enforcement and Pilot Programs Subtitle A: Improved Enforcement at Border Subtitle B: Pilot Programs Title II: Enhanced Enforcement and Penalties Against Alien Smuggling; Document Fraud Subtitle A: Enhanced Enforcement and Penalties Against Alien Smuggling Subtitle B: Deterrence of Document Fraud Subtitle C: Asset Forfeiture for Passport and Visa Offenses Title III: Inspection, Apprehension, Detention, Adjudication, and Removal of Inadmissible and Deportable Aliens Subtitle A: Revision of Procedures for Removal of Aliens Subtitle B: Removal of Alien Terrorists Subtitle C: Deterring Transportation of Unlawful Aliens to the United States Subtitle D: Additional Provisions Title IV: Enforcement of Restrictions Against Employment Title V: Reform of Legal Immigration System Subtitle A: Worldwide Numerical Limits Subtitle B: Changes in Family-Sponsored and Employment- Based Preference System Subtitle C: Refugees, Asylees, Parole, and Humanitarian Admissions Subtitle D: Effective Dates; Transition Provisions Title VI: Restrictions on Benefits for Illegal Aliens Subtitle A: Eligibility of Illegal Aliens for Public Benefits Subtitle B: Expansion of Disqualification from Immigration Benefits on the Basis of Public Charge Subtitle C: Attribution of Income and Affadavits of Support Title VII: Facilitation of Legal Entry Title VIII: Miscellaneous Immigration in the National Interest Act of 1995 - Title I: Deterrence of Illegal Immigration Through Improved Border Enforcement and Pilot Programs - Subtitle A: Improved Enforcement at Border - Increases: (1) the Border Patrol; and (2) Immigration and Naturalization Service (INS) border enforcement and related personnel. (Sec. 102) Provides for improved border crossing cards, equipment, and crossing barriers, including authorization of appropriations for fencing and road improvements in the border area near San Diego, California. (Sec. 105) Amends the Immigration and Nationality Act (Act) to establish civil penalties for illegal U.S. entry. Subtitle B: Pilot Programs - Establishes pilot programs for: (1) interior repatriation of inadmissible or deportable aliens; (2) use of closed military bases to detain inadmissible or deportable aliens; and (3) collection of alien departure records. Title II: Enhanced Enforcement and Penalties Against Alien Smuggling; Document Fraud - Subtitle A: Enhanced Enforcement and Penalties Against Alien Smuggling - Amends Federal criminal law to: (1) authorize wiretaps in alien smuggling investigations; and (2) include alien smuggling offenses under the purview of the Racketeer Influenced and Corrupt Organizations (RICO) provisions. (Sec. 203) Amends the Act to: (1) expand INS forfeiture authority for smuggling or harboring illegal aliens; and (2) increase criminal penalties for alien smuggling. (Sec. 205) Increases the number of Assistant United States Attorneys and provides for their assignment to criminal matters involving illegal aliens. Subtitle B: Deterrence of Document Fraud - Amends Federal criminal law and the Act to increase and establish criminal and civil penalties for specified immigration related document fraud offenses. Subtitle C: Asset Forfeiture for Passport and Visa Offenses - Amends Federal criminal law to provide for asset forfeiture for passport and visa offenses. Title III: Inspection, Apprehension, Detention, Adjudication, and Removal of Inadmissible and Deportable Aliens - Subtitle A: Revision of Procedures for Removal of Aliens - Amends the Act to revise alien removal provisions. Subtitle B: Removal of Alien Terrorists - Part 1: Removal Procedures for Alien Terrorists - Amends the Act to establish a special removal procedure for terrorists, including the designation by the Chief Justice of the United States of a special removal court. Part 2: Exclusion and Denial of Asylum for Alien Terrorists - Amends the Act to make membership in a terrorist organization a ground for U.S. exclusion. (Sec. 332) Denies asylum, status adjustment, and deportation relief to alien terrorists. Subtitle C: Deterring Transportation of Unlawful Aliens to the United States - Amends the Act with regard to vessel and aircraft transportation of illegal aliens into the United States. Subtitle D: Additional Provisions - Amends the Act to impose civil penalties upon an alien subject to an order of removal who fails to depart. (Sec. 358) Authorizes additional appropriations for removal of illegal aliens. (Sec. 359) Establishes in the Treasury an Immigration Enforcement Account. Title IV: Enforcement of Restrictions Against Employment - Increases full-time employee positions in: (1) the Investigations Division of INS; and (2) the Wage and Hour Division of the Employment Standards Administration of the Department of Labor. (Sec. 403) Amends the Act to revise the employer sanctions program. Title V: Reform of Legal Immigration System - Subtitle A: Worldwide Numerical Limits - Amends the Act to revise legal immigration categories and numerical limitations. (Sec. 504) Requires periodic congressional review and reauthorization of worldwide immigration levels. Subtitle B: Changes in Preference System - Amends the Act to revise the immigration preference system. Subtitle C: Refugees, Asylees, Parole, and Humanitarian Admissions - Amends the Act to revise annual refugee admissions and asylee adjustment provisions. (Sec. 523) Authorizes the temporary employment of certain retirees to help reduce asylum application backlogs. (Sec. 524) Limits parole entry to a case-by-case basis for humanitarian or significant public benefit reasons. Subtitle D: General Effective Date; Transition Provisions - Sets forth transition provisions for specified classification status petitions. Title VI: Restrictions on Benefits for Illegal Aliens - Subtitle A: Eligibility of Illegal Aliens for Public Benefits - Part 1: Public Benefits Generally - Makes illegal aliens ineligible (with specified exceptions) for public assistance, contracts, and licenses. (Sec. 602) Makes unauthorized aliens ineligible for unemployment benefits. Part 2: Earned Income Credit - Amends the Internal Revenue Code to deny the earned income tax credit to individuals not authorized to work in the United States. Subtitle B: Expansion of Disqualification from Immigration Benefits on the Basis of Public Charge - Amends the Act to revise public charge grounds for inadmissibility and deportability. Subtitle C: Attribution of Income and Affidavits of Support - Attributes a sponsor's income and resources to a family-sponsored immigrant for purposes of eligibility for Federal means-tested public benefits programs. (Sec. 632) Amends the Act to set forth sponsor affidavit of support requirements. Title VII: Facilitation of Legal Entry - Provides for: (1) increased numbers of land border inspectors; and (2) border infrastructure improvements. (Sec. 703) Amends the Act to provide for: (1) preinspection at specified foreign airports; and (2) training of airline personnel in fraudulent document detection. Establishes a carrier consultant program. Title VIII: Miscellaneous Provisions - Amends the Act, as amended by the Immigration and Nationality Technical Corrections Act of 1994 to revise the definition of "aggravated felony." Amends the Act with regard to: (1) definitions of "child" and "parent"; (2) visa processing procedure; (3) waiver authority concerning notice of visa application denial; (4) Canadian landed immigrants; (5) H-1B nonimmigrants; (6) visa extensions; (7) status adjustment; (8) access to certain confidential INS files; (9) nonimmigrant status for spouses and children of members of the armed forces; (10) fraudulent birth certificates; and (11) specified miscellaneous and technical provisions.
United States · United States Congress · 16 June 1995
Amends rule XIII of the Rules of the House of Representatives to abolish the Consent Calendar and establish the Corrections Calendar. Sets forth procedures for consideration of bills on such Calendar on the second and fourth Tuesdays of each month. Requires a three-fifths vote to pass any bill called from such Calendar. Prohibits the sustaining of any point of order against or the rejection of such bill from causing it to be removed from the Union or House Calendar to which it was originally referred.
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
Partial-Birth Abortion Ban Act of 1995 - Subjects anyone who knowingly performs a partial-birth abortion in or affecting interstate or foreign commerce to a fine or imprisonment for not more than two years or both. Defines "partial-birth abortion" as partial, vaginal delivery of the fetus prior to killing the fetus and completing the delivery. Permits the parents or the maternal grandparents (if the mother has not attained the age of 18 at the time of the abortion) through a civil action to obtain relief which would include money damages for all injuries and statutory damages equal to three times the cost of the partial-birth abortion, even if any party consented to an abortion. Permits the affirmative defense to a prosecution or a civil action, which must be proved by a preponderance of the evidence, that the physician reasonably believed: (1) the procedure was necessary to save the woman's life; and (2) no other form of abortion would have sufficed for that purpose.
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
Entrepreneurial New and Small Business Capital Formation Act of 1995 - Amends the Internal Revenue Code to recognize, if elected by the taxpayer, gain (other than ordinary income) on the sale of any eligible small business investment only to the extent the amount realized exceeds the cost of any other small business investment purchased by the taxpayer during the previous six months. Applies to the amendments made by this Act rules (from provisions relating to a 50 percent exclusion for gain from certain small business stock) relating to stock conversion, pass-through entities, transfers, and short positions. Mandates basis reductions for unrecognized gain. Treats a loss on an eligible small business investment, if the loss would otherwise be from the sale or exchange of a capital asset, as an ordinary loss.
United States · United States Congress · 7 June 1995
TABLE OF CONTENTS: Title I: Specific Coins Authorized Title II: General Provisions United States Commemorative Coins Act of 1995 - Title I: Specific Coins Authorized - Requires the Secretary of the Treasury to mint and issue ten-dollar gold coins to commemorate the bicentennial of United States gold coinage. (Sec. 102) Requires the Secretary to mint and issue five-dollar gold coins and one-dollar silver coins to commemorate the 50th anniversary of the founding of the United Nations and the role of President Harry S. Truman. Directs coin sale surcharge distribution to the Harry S. Truman Library Foundation and the U.N. Association. (Sec. 103) Requires the Secretary to mint and issue coins commemorating: (1) the sesquicentennial of the founding of the Smithsonian Institution; (2) the public opening of the Franklin Delano Roosevelt Memorial, Washington, D.C.; (3) the 125th anniversary of the establishment of the first U.S. National Park, Yellowstone National Park; and (4) the sacrifices of law enforcement officers and their families in preserving public safety, with surcharge proceeds paid to the National Law Enforcement Officers Memorial Fund, Inc. Title II: General Provisions - Mandates that the design for the coins be: (1) selected by the Secretary after consultation with recipient organizations and the Commission of Fine Arts; and (2) reviewed by the Citizens Commemorative Coin Advisory Committee.
United States · United States Congress · 25 May 1995
Amends the Migrant and Seasonal Agricultural Worker Protection Act to provide that where State workers' compensation laws are applicable and provide coverage for a migrant or seasonal agricultural worker, workers' compensation benefits shall be the exclusive remedy for actual damages for loss from an injury or death of such a worker for all cases in which a final judgment has not been entered. Provides that this does not preclude recovery for statutory damages or an injunction under such Act.
United States · United States Congress · 25 May 1995
Amends the Fair Debt Collection Practices Act to make it a violation of such Act for the debt collector to fail to disclose the attempt to collect a debt in the first written communication with a consumer (currently, in all communications made to collect a debt). Requires that the consumer notify the debt collector in writing of any dispute within thirty days of receiving a debt notice or the debt will automatically be considered valid. Allows the debt collector to: (1) demand payment of a debt, and attempt to collect it, within the thirty days after giving the consumer notice; and (2) obtain information concerning location, income, asset, or credit of the consumer from any person besides the consumer's lawyer if the lawyer refuses to provide such information. Declares that such Act provides no remedy, liability, or penalty for violations of State law. Excuses a debt collector from liability for violations of such Act resulting from the use of a form of written communication approved by any State or Federal agency. Requires a court, in determining whether a debt collector has failed to comply with such Act, to consider the effect of any act or omission of the debt collector upon a reasonable person.
United States · United States Congress · 24 May 1995
Mandatory Electronic Funds Transfer Expansion Act of 1995 - Amends the Federal Financial Act of 1994 to require that recipients of Federal payments on or after January 1, 1996, receive them through electronic funds transfer. Exempts recipients of Federal payments who do not have an account with a financial institution or an authorized payment agent. Requires that all Federal payments after January 1, 2001, be made by electronic funds transfer.
United States · United States Congress · 23 May 1995
James Madison Commemorative Coin Act - Directs the Secretary of the Treasury to issue commemorative one-dollar silver coins emblematic of the 250th anniversary of the birth of James Madison and the life and achievements of the fourth President of the United States. Requires the Secretary to turn over proceeds from surcharges to the National Trust for Historic Preservation to be used to: (1) establish an endowment as a permanent source for Montpelier (home of James Madison and a museum); and (2) fund capital restoration projects at Montpelier.
United States · United States Congress · 17 May 1995
Small Business Tax Flexibility Act of 1995 - Amends the Internal Revenue Code to allow partnerships or S corporations (electing small business corporations) to elect to have a taxable year other than the required taxable year, in which case the entity shall pay estimated tax in quarterly installments (determined under one of three methods) at the applicable rate on behalf of the owners (partners or shareholders). Exempts entities with an aggregate liability of less than $5,000 from such estimated payment requirements. Imposes a penalty for underpayment of any required quarterly installment. Allows a tax credit for an owner's allocable share of estimated tax payments made by an entity. Prohibits elections of a different taxable year under existing provisions by entities whose first taxable year under such election would begin after enactment of this Act.
United States · United States Congress · 12 May 1995
TABLE OF CONTENTS: Title I: Cancellation and Suspension Title II: Minor Use Crop Protection Act of 1995 Title III: Data Collection Activities to Assure the Health of Infants and Children and Other Measures Title IV: Amendments to the Federal Food, Drug, and Cosmetic Act Food Quality Protection Act of 1995 - Title I: Cancellation and Suspension - Amends provisions of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) relating to cancellations, changes in classifications, or other terms of registration with respect to the authority of the Administrator of the Environmental Protection Agency. Requires that a rulemaking under such provisions be based on a validated test or other significant evidence raising prudent concerns of unreasonable adverse effects to man or to the environment. Denies registration applications that are not in compliance with this Act. Title II: Minor Use Crop Protection Act of 1995 - Minor Use Crop Protection Act of 1995 - Amends FIFRA to define "minor use" as the use of a pesticide on an animal or commercial agricultural crop or site or for public health protection where: (1) the total U.S. acreage for the crop is less than 300,000 acres; or (2) the Administrator determines that the use does not provide sufficient economic incentive to support the initial or continuing registration of a pesticide for such use and there are insufficient alternatives available for the use, the alternatives pose greater environmental or health risks, or the pesticide plays or will play a significant part in managing pest resistance or in an integrated pest management program. Extends the period of exclusive data use for data submitted to support original registration applications for pesticides for an additional year for each three minor uses registered after this Act's enactment and before the expiration of the period of exclusive use, up to a total of three additional years for all minor uses registered by the Administrator if the Administrator determines that: (1) there are insufficient alternatives available for the use or the alternatives pose greater environmental or health risks; or (2) the pesticide plays or will play a significant part in managing pest resistance or in an integrated pest management program. Requires the Administrator, upon the request of a registrant, to extend the deadline for the production of residue chemistry data required solely to support a minor use subject to specified conditions. Applies the same extension conditions to data for reregistrations. Authorizes the Administrator to modify or revoke such extensions if the use may cause unreasonable adverse environmental effects. Permits the Administrator, in handling the registration of a pesticide for a minor use, to waive applicable data requirements if the absence of data will not prevent the Administrator from determining the risk presented by the pesticide and that the risk would not have an adverse environmental effect. Provides for expedited review (within one year of submission) of applications to support minor use pesticide registrations. Sets forth conditions for extensions of registrations for unsupported minor uses. Provides a procedure for meeting data requirements where a registrant has voluntarily cancelled a registration and another application is pending for registration of a pesticide that is for a minor use and is identical or substantially similar to, or for an identical or substantially similar use as, the cancelled pesticide. Directs the Administrator to establish a minor use program. Directs the Secretary of Agriculture to establish a Department of Agriculture minor use program and a separate matching fund program. Requires the matching fund program to be utilized to ensure the continued availability of minor use crop protection chemicals. Authorizes appropriations. Title III: Data Collection Activities to Assure the Health of Infants and Children and Other Measures - Directs the Secretary of Agriculture, in consultation with the Administrator and the Secretary of Health and Human Services, to coordinate the development and implementation of survey procedures to ensure collection of adequate data on food consumption patterns of infants and children. Requires residue surveillance activities of the Department of Agriculture to provide for the improved surveillance of pesticide residues, including increased sampling of foods most likely consumed by infants and children. Directs the Secretary of Agriculture to: (1) collect pesticide use data of statewide or regional significance for all the major crops and crops of dietary significance; and (2) in cooperation with the Administrator, implement research, demonstration, and education programs to support adoption of integrated pest management. Requires Federal agencies to use and promote integrated pest management techniques. Title IV: Amendments to the Federal Food, Drug, and Cosmetic Act - Amends the Federal Food, Drug, and Cosmetic Act (FDCA) to redefine "pesticide chemical," subject to exception, as any substance that is a pesticide, or any active ingredient thereof, within the meaning of FIFRA. Defines "pesticide chemical residue," subject to exception, as a residue in or on a raw agricultural commodity or processed food of a pesticide chemical or any other added substance present as a result of a pesticide chemical's metabolism or other degradation. Deems a processed food not to be adulterated, within the meaning of FDCA, if there are present pesticide chemical residues at tolerance levels not considered unsafe. (Current law treats only raw agricultural commodities in this manner.) Sets forth requirements relating to tolerances and exemptions from tolerances for pesticide chemical residues in food, including residues of degradation products, which allow the presence in processed food at the tolerance applicable to the raw agricultural commodity from which the processed food is made. Prohibits establishment of a tolerance that is more stringent than a level the Administrator determines is adequate to protect the public health (i.e., if the dietary risk posed by such level of residues is negligible). Allows a greater than negligible dietary risk if: (1) use protects from greater adverse health effects to humans or the environment; (2) use avoids greater risks from another pesticide; or (3) the unavailability of the pesticide would reduce the availability of an adequate, wholesome, and economical domestic supply of the food. Prohibits issuance of a final rule that revokes, modifies, or suspends a tolerance or exemption until the Administrator has taken any necessary action under FIFRA with respect to the registration of the pesticide involved. Requires the Administrator, where a pesticide is labeled for use on a particular food, to: (1) revoke any tolerance or exemption that allows the presence of a particular chemical or its residue in or on such food if the Administrator cancels the registration of each pesticide that contains the chemical or modifies it to prohibit the pesticide's use in connection with such food; and (2) suspend any such tolerance or exemption upon the suspension of the use of each pesticide that contains the chemical. Provides for: (1) tolerances for unavoidable residues in the case of a residue of a canceled or suspended pesticide chemical that will unavoidably persist in the environment and be present in or on a food; and (2) residues resulting from an application which was lawful at the time of application but with respect to which the tolerance or exemption has since been revoked, suspended, or modified. Prohibits, subject to exception, a State from enforcing any limit on a qualifying pesticide chemical residue (as defined in this Act) in or on any food which is not identical to Federal requirements. Prohibits a State, absent an unreasonable dietary risk, from enforcing a limit on the level of residues in any food if the sale of such food containing such residue level was lawful at the time of application of the pesticide. Authorizes appropriations for increased monitoring of pesticide residues in imported and domestic food.
United States · United States Congress · 9 May 1995
Amends the Internal Revenue Code to apply the special treatment of livestock sold or involuntarily converted on account of drought conditions also to livestock sold or converted because of flood or other weather-related conditions.
United States · United States Congress · 7 April 1995
Propane Education and Research Act of 1995 - Authorizes the qualified industry organizations (the National Propane Gas Association, the Gas Processors Association, or successor organizations, or a group of retail marketers or producers who collectively represent at least 25 percent of the volume of propane sold or produced in the United States) to conduct, at their own expense, a referendum among producers and retail marketers for the creation of a Propane Education and Research Council. Directs the Council, if established, to develop programs (including programs to enhance consumer and employee safety and training) and enter into contracts for: (1) propane research and development; (2) consumer education; and (3) payment for program costs with funds collected under this Act. Requires the Council to reimburse the Secretary of Energy annually for any costs incurred by the United States, but not to exceed the average annual salary of Department of Energy employees. Prescribes guidelines under which the Council shall set annual assessments on odorized propane to cover program costs. Directs the Council to establish a program to coordinate its operations with any State propane education and research council. Prohibits Council funds from being used for lobbying activities. Directs the Secretary of Commerce to annually prepare and make available to the Council, the Secretary of Energy (Secretary), and the public, an analysis of changes in propane prices relative to other energy resources. Requires the Council to restrict its activities to research and development, training, and safety whenever in any year the five-year average rolling price index of consumer grade propane exceeds by more than 10.1 percent the five-year rolling average price composite index of residential electricity, residential natural gas, and refiner price to end users of Number 2 fuel oil. Requires the price of propane to be determined by market forces in all cases. Prohibits the Council from taking action to pass the cost of the annual assessments to consumers. Requires the Secretary of Commerce to report biennially to the Congress and the Secretary on: (1) whether operation of the Council, in conjunction with the cumulative effects of market changes and Federal programs, has had an effect on propane consumers, including residential, agriculture, process, and nonfuel users; and (2) whether there have been long-term and short-term effects on propane prices as a result of Council activities and Federal programs.
United States · United States Congress · 6 April 1995
Amends the Indian Child Welfare Act of 1978 to require that determinations of status as: (1) an Indian child be prospective from date of birth; and (2) a member of an Indian tribe be prospective from tribal membership. States that for the purposes of any child custody proceeding involving an Indian child, retroactive effect of tribal membership shall not be permitted.
United States · United States Congress · 4 April 1995
Federal Aviation Administration Reform Act of 1995 - Establishes as an independent Federal agency the Federal Aviation Administration (Administration). Declares that the Administration shall be administered by an Administrator, who shall be appointed by the President to a seven-year term, by and with the advice and consent of the Senate. (Sec. 8) Transfers to the new Administration all functions of the Federal Aviation Administration (FAA) of the Department of Transportation and of the Secretary of Transportation which are administered through the FAA. (Sec. 16) Establishes the Federal Aviation Management Advisory Committee to provide advice and counsel to the Administrator on issues which affect or are affected by the operations of the Administrator. (Sec. 17) Directs the Administrator to establish a select panel to review and report to the Congress regarding innovative financing mechanisms for ensuring adequate funding for existing and future aviation infrastructure needs. (Sec. 18) Authorizes the Administrator to accept transfers from other Federal agencies to funds which are available to carry out functions transferred by this Act to the Administrator or functions assigned by law to the Administrator on or after enactment of this Act. (Sec. 23) Directs the Administrator to conduct pilot programs which utilize a trial: (1) acquisition management system to procure goods and services by the Administration; and (2) personnel management system for the management, compensation, and advancement of its employees. Requires the Administrator, upon the development of such systems, to submit a comprehensive plan describing them to the Congress. Terminates such systems effective October 1, 2002. (Sec. 25) Directs the Management Advisory Panel to submit to the Administrator and to the Congress a report evaluating the results of the pilot programs in acquisition and personnel reform.
United States · United States Congress · 29 March 1995
Minor Use Crop Protection Act of 1995 - Amends the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) to define "minor use" as the use of a pesticide on an animal or commercial agricultural crop or site or for public health protection where: (1) the total U.S. acreage for the crop is fewer than 300,000 acres; or (2) the Administrator of the Environmental Protection Agency determines that the use does not provide sufficient economic incentive to support the initial or continuing registration of a pesticide for such use and there are insufficient alternatives available for the use, the alternatives pose greater environmental or health risks, or the pesticide plays or will play a significant part in managing pest resistance or in an integrated pest management program. Extends the period of exclusive data use for data submitted to support original registration applications for pesticides for an additional year for each three minor uses registered after this Act's enactment and before the expiration of the period of exclusive use, up to a total of three additional years for all minor uses registered by the Administrator if the Administrator determines that: (1) there are insufficient alternatives available for the use or the alternatives pose greater environmental or health risks; or (2) the pesticide plays or will play a significant part in managing pest resistance or in an integrated pest management program. Requires the Administrator, upon the request of a registrant, to extend the deadline for the production of residue chemistry data required solely to support a minor use subject to specified conditions. Applies the same extension conditions to data for reregistrations. Authorizes the Administrator to modify or revoke such extensions if the use may cause unreasonable adverse environmental effects. Permits the Administrator, in handling the registration of a pesticide for a minor use, to waive applicable data requirements if the absence of data will not prevent the Administrator from determining the risk presented by the pesticide and that the risk would not have an adverse environmental effect. Provides for expedited review (within 12 months of submission) of applications to support minor use pesticide registrations. Sets forth conditions for extensions of registrations for unsupported minor uses. Directs the Administrator to assure coordination of minor use issues through the establishment of a minor use program. Establishes and authorizes funding for a Department of Agriculture minor use matching fund program. Requires the program to be utilized to ensure the continued availability of minor use crop protection chemicals. Authorizes appropriations.
United States · United States Congress · 23 March 1995
Amends Federal transportation law to require the Secretary of Transportation to issue regulations requiring the use of child safety restraint systems on commercial aircraft. Expresses the sense of the Congress that the U.S. representative to the International Civil Aviation Organization should seek an international standard to require that airline passengers be restrained on takeoff and landing and when directed by the captain of such aircraft.
United States · United States Congress · 15 March 1995
Highway Mandates Repeal Act of 1995 - Amends the Intermodal Surface Transportation Efficiency Act of 1991 to repeal provisions relating to the use of asphalt pavement containing recycled rubber.
United States · United States Congress · 13 March 1995
Prohibits (until enactment of a law that is a successor to the Food, Agriculture, Conservation, and Trade Act of 1990) the Secretary of Agriculture, the Secretary of the Army, and the Administrator of the Environmental Protection Agency from delineating wetlands to carry out subtitle C (Wetland Conservation) of title XII of the Food Security Act of 1985 and provisions of the Federal Water Pollution Control Act relating to permits for dredged or fill material.
United States · United States Congress · 10 March 1995
Hazardous Materials Regulatory Relief Act of 1995 - Directs the Secretary of Transportation to exclude from specified Code of Federal Regulations hazardous material transportation requirements any cargo tank vehicle of 3500 gallons or less used to transport petroleum products in intrastate or interstate transportation within 100 air miles of the principal place of business of the owner or lessee of the vehicle.
United States · United States Congress · 3 March 1995
Medical Procedures Innovation and Affordability Act - Prohibits the issuance of a patent for any invention or discovery of a technique, method, or process for performing a surgical or medical procedure, administering a surgical or medical therapy, or making a medical diagnosis. Provides that if a technique, method, or process is performed by or as a necessary component of a machine, manufacture, or composition of matter or improvement which is itself patentable subject matter, the patent on such machine, manufacture, or composition may claim the technique, method, or process.
United States · United States Congress · 23 February 1995
Amends Internal Revenue Code provisions relating to the income tax deduction for the health insurance costs of self-employed individuals to increase the allowable deduction from 25 percent to 100 percent (50 percent beginning in 1997 or 1998 and 75 percent beginning in 1999 or 2000). Declares amounts paid into tax-exempt multiple employer health plans as amounts paid for medical care insurance.
United States · United States Congress · 21 February 1995
Amends the Internal Revenue Code to restore the business meal expense deduction to 80 percent (currently 50 percent) for individuals subject to the hours of service limitations of the Department of Transportation.
United States · United States Congress · 15 February 1995
Amends the Communications Act of 1934 to allow the Federal Communications Commission to authorize the operation of radio stations without individual licenses for the: (1) personal radio services; and (2) aviation or maritime radio service for aircraft or ship stations operated on domestic flights or voyages when such aircraft or ships are not otherwise required to carry a radio station.
United States · United States Congress · 13 February 1995
Prohibits the Secretary of Agriculture from transferring any Angeles National Forest lands in California out of Federal ownership for use as a solid waste landfill.
United States · United States Congress · 13 February 1995
Volunteer Protection Act of 1995 - Prescribes circumstances under which volunteers working for nonprofit organizations or government entities shall be immune from personal financial liability for acts on behalf of the organization or entity. Sets forth exceptions and conditions that a State may impose on the granting of such immunity. Requires the Secretary of Health and Human Services to increase by one percent the fiscal year allotment which would otherwise be made to a State to carry out the Social Services Block Grant Program under title XX of the Social Security Act if such State has, within two years, certified to the Secretary that it has enacted a State law which provides such immunity. Provides for the continuation of such increase based on an annual recertification.
United States · United States Congress · 9 February 1995
Law Enforcement Officers' Bill of Rights Act of 1995 - Amends the Omnibus Crime Control and Safe Streets Act of 1968 to provide that, except when on duty or acting in an official capacity, no law enforcement officer (officer) shall be prohibited from engaging in political activity or be denied the right to refrain from engaging in such activity. Sets forth minimum standards that apply when an officer is under investigation that could lead to disciplinary action, including, with respect to: (1) rights of officers while under investigation, the right to be notified of the investigation prior to being interviewed and, at the conclusion of the investigation, to be informed in writing of the investigative findings and any recommendation for disciplinary action; (2) rights of officers prior to and during questioning, that the questioning be conducted at a reasonable hour at the offices of the persons conducting the investigation or at the place where the officer reports for duty (unless the officer consents in writing to being questioned elsewhere), that the officer be informed of the questioner's identity, that all questions be asked by or through a single investigator, that the officer be informed in writing of the nature of the investigation prior to any questioning, that the questioning be for a reasonable time period, that no threats or promises be made in connection with an investigation to induce the answering of any question, that all questioning be recorded in full (and a copy of the transcript made available to the officer), and that the officer be entitled to counsel (or another person of the officer's choice) at any questioning (unless the officer consents in writing to being questioned outside the presence of counsel); and (3) the conduct of a disciplinary hearing, notice of opportunity for a hearing, requirement of determination of a violation, time limits, notice of filing of charges, representation, provision of a hearing board and procedure, access to evidence, identification of witnesses, a copy of the investigative file, examination of physical evidence, summonses, closed hearings, recordation, sequestration of witnesses, testimony under oath, verdicts on each charge, the burden of persuasion, findings of not guilty or guilty, and appeals. Allows an officer to waive any of the rights guaranteed by this Act subsequent to the time that the officer has been notified that he or she is under investigation. Specifies that such a waiver shall be in writing and signed by the officer. Sets forth provisions regarding: (1) summary punishment and emergency suspension; (2) retaliation for exercising rights; (3) other remedies; (4) declaratory or injunctive relief; (5) prohibition of adverse material in the officer's file (unless the officer has an opportunity to review and comment in writing on such material); (6) disclosure of personal assets; (7) States' rights; and (8) mutually agreed upon collective bargaining agreements.
United States · United States Congress · 9 February 1995
Helium Privatization Act of 1995 - Amends the Helium Act to authorize the Secretary of the Interior to: (1) enter into agreements with private parties for the recovery and disposal of helium on Federal lands; (2) grant leasehold rights to such helium; (3) store and transport crude helium; and (4) maintain and operate existing crude helium storage at the Bureau of Mines Cliffside Field. Directs the Secretary to: (1) cease producing, refining, and marketing refined helium; and (2) dispose of all facilities, equipment, and Federal property interests relating to refined helium activities. Requires the Secretary to impose fees for helium storage, withdrawal, or transportation services. Prescribes guidelines for: (1) the purchase of helium by Federal agencies from certain private persons; and (2) the sale of crude helium by the Secretary. Prohibits the Secretary from making crude helium sales in amounts that will disrupt the crude helium market price. Mandates that proceeds from helium sales be paid to the Treasury. Instructs the Secretary to eliminate helium stockpiles by a prescribed deadline. Repeals the Secretary's authority to borrow under the Helium Act. Directs the Inspector General of the Department of the Interior to prepare certain annual financial statements for the Helium Operations of the Bureau of Mines.
United States · United States Congress · 7 February 1995
Farmer Retirement Security Act - Amends the Internal Revenue Code to exclude from gross income gain from the sale or exchange of qualified farm property to the extent that the proceeds are paid into an individual retirement account. Establishes limitations on such rollover amounts per individual and per family. Denies an itemized deduction for such rollover amounts and exempts such amounts from limitations on contributions to individual retirement accounts.
United States · United States Congress · 3 February 1995
Superfund Recycling Equity Act of 1995 - Amends the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 to absolve persons (other than owners or operators) who arranged for the recycling of recyclable material from liability for environmental response actions. Deems transactions involving scrap paper, plastic, glass, textiles, or rubber (other than whole tires) to be arranging for recycling if the person who arranged the transaction demonstrates that the following criteria were met: (1) the recyclable material met a commercial specification grade and a market existed for the material; (2) a substantial portion of the material was made available for use as a feedstock for the manufacture of a new saleable product; (3) the material (or product to be made from the material) could have been a replacement for a virgin raw material; and (4) with respect to transactions occurring 90 days after this Act's enactment, the person exercised reasonable care to determine that the facility where the material would be managed by another was in compliance with Federal, State, or local environmental laws or regulations. Deems transactions involving scrap metal to be arranging for recycling if the person who arranged the transaction demonstrates that: (1) the criteria for scrap materials were met; (2) he or she complied with applicable standards regarding activities associated with the recycling of scrap metals; and (3) the scrap metal was not melted prior to the transaction. Deems transactions involving spent lead-acid, nickel-cadmium, or other batteries to be arranging for recycling if the person involved demonstrates that: (1) the criteria for scrap materials were met; and (2) he or she complied with applicable Federal environmental regulations or standards regarding such batteries. Makes the exemptions from liability under this Act inapplicable if the person: (1) had an objectively reasonable basis to believe at the time of the recycling transaction that the recyclable material would not be recycled or would be burned as fuel or for energy recovery or incineration or that the consuming facility was not in compliance with Federal, State, or local environmental laws or regulations; (2) added hazardous substances to the material for purposes other than processing for recycling; or (3) failed to exercise reasonable care with respect to the management of the material. Makes such exemptions inapplicable if the recyclable material contained polychlorinated biphenyls in excess of 50 parts per million or any new Federal standard.
United States · United States Congress · 3 February 1995
Expresses the sense of the Congress that the current link should be maintained between: (1) the levels of earnings allowed for blind individuals entitled to disability insurance benefits; and (2) the exempt amounts allowed for purposes of the social security earnings test for individuals who have attained retirement age.
United States · United States Congress · 1 February 1995
Tax Fairness for Agriculture Act of 1995 - Amends the Internal Revenue Code to prohibit agricultural or horticultural organization member dues (limited to a specified amount) from being treated as unrelated business taxable income for purposes of the tax on unrelated business income.
United States · United States Congress · 1 February 1995
Fairness in Musical Licensing Act of 1995 - Revises Federal copyright law to provide that communication by electronic device of a transmission embodying a performance or display of a work by the reception of a broadcast, cable, satellite, or other transmission shall not be a copyright infringement unless an admission fee is charged to see or hear the transmission or the transmission is not properly licensed. Provides that a performance or display in a commercial establishment shall not be considered infringement if incidental to the main purpose of the establishment. Specifies that, if a general music user and a performing rights society are unable to agree on the appropriate fee to be paid for the user's past or future performance of musical works in the society's repertoire, the user shall be entitled to binding arbitration of such disagreement pursuant to the rules of the American Arbitration Association in lieu of any other dispute-resolution mechanism established by any judgment or decree governing the operation of such society. Requires the arbitrator to determine a fair and reasonable fee for the user's past and future performance of works in such society's repertoire and to impose a penalty for infringement if the user's past performance infringed the copyright of such works. Makes an arbitrator's determination binding on both parties. Sets forth provisions regarding civil actions for infringement that may be submitted to arbitration if the license fee for a performance is contested. Requires a performing rights society, at the request of any radio broadcaster, to offer the broadcaster a per programming license to perform nondramatic musical works in its repertoire. Directs that such license be offered on terms and conditions that provide an economically and administratively viable alternative to blanket licenses. Sets forth provisions regarding prices of such licenses. Requires, beginning January 1, 1998, the performance of nondramatic musical works by broadcasters under any per programming period license to be determined on the basis of statistically reliable sampling or monitoring by the society and prohibits the society from requiring the broadcaster to report such performance to the society. Authorizes such broadcasters to bring actions to require compliance with such requirements. Directs each performing rights society to make available free online computer access to copyright and licensing information for each work in its repertoire as well as a semiannual printed directory of each title in its repertoire. Requires such society, upon request, to provide to any person who may perform musical works in its repertoire, copies of documentation establishing the society's right to license the public performance of such works. Bars a society from instituting or being a party to any action alleging infringement in, or charging a fee under any per programming period license for, any work in the repertoire that is not identified or documented as described above, with exceptions. Requires the Attorney General to report annually to the Congress on the activities of the Department of Justice relating to the continuing supervision and enforcement of specified consent decrees of the American Society of Composers, Authors, and Publishers and Broadcast Music, Inc. Sets forth conditions under which landlords, organizers of conventions, or others making space available to another party are exempt from liability under any theory of vicarious or contributory infringement with respect to an infringing public performance of a copyrighted work by a tenant, lessee, or other user of such space. Provides that the transmission of religious services or the recording of copies or phonorecords of a transmission program embodying such services shall not be a copyright infringement.
United States · United States Congress · 1 February 1995
Private Property Owners Bill of Rights - Requires Federal agency heads to: (1) comply with applicable State and tribal government laws in implementing and enforcing the Endangered Species Act of 1973 (ESA) and the permitting program for dredged or filled material under the Federal Water Pollution Control Act (FWPCA); (2) administer and implement the Acts in a manner that least affects the private property owners' constitutional and other legal rights; (3) develop and implement rules and regulations for ensuring that such rights are protected when making any final decision that restricts the use of private property; (4) obtain the consent of the property owner and provide appropriate notice before entering privately-owned property in order to collect information on it; and (5) give the property owner an opportunity to review and dispute the data collected before using it to implement or enforce any of the Acts. Amends ESA and FWPCA to provide for administrative appeals of certain actions, including those related to the denial of permits and the imposition of administrative penalties. Entitles a private property owner deprived of 50 percent or more of the fair market value or the economically viable use of a portion of property as a consequence of a final qualified agency action to receive compensation upon request in accordance with specified guidelines. Amends ESA to require the Secretary of the Interior to notify all private property owners or lessees of property subject to a management agreement and provide an appropriate opportunity for their participation in such an agreement when the Secretary enters into it with any non-Federal person establishing restrictions on property use.
United States · United States Congress · 31 January 1995
Commercial Aviation Fuel Tax Repeal Act of 1995 - Amends the Internal Revenue Code to repeal the increase in tax on fuel used in commercial aviation scheduled to take effect after September 30, 1995.
United States · United States Congress · 26 January 1995
Crime Victims Restitution Act of 1995 - Amends the Federal criminal code to require (current law authorizes) the court to order restitution of the victim when a convicted defendant is being sentenced for specified offenses. Authorizes a court to order restitution of any person who, as shown by a preponderance of the evidence, was harmed physically, emotionally, or pecuniarily by unlawful conduct of the defendant during the offense or during the course of a scheme, conspiracy, or pattern of unlawful activity related to the offense. Directs the court to: (1) order restitution in the full amount of the victim's losses without consideration of the economic circumstances of the offender or the fact that a victim is entitled to receive compensation from insurance or any other source; and (2) upon determination of the amount owed to each victim, specify in the restitution order the manner of, and schedule for, restitution in consideration of the financial resources and other assets, projected earnings and other income, and financial obligations of the offender. Specifies that: (1) a restoration order may direct the offender to make a single, lump-sum payment, partial payments at specified intervals, or such in-kind payments as may be agreeable to the victim and the offender; and (2) such in-kind payments may be in the form of the return or replacement of property, or services rendered to the victim or another person or organization. Provides that when the court finds that more than one: (1) offender has contributed to the loss of a victim, the court may make each offender liable for payment of the full amount or may apportion liability among the offenders to reflect the level of contribution and economic circumstances of each offender; and (2) victim has sustained a loss requiring restitution by an offender, the court shall order full restitution of each victim but provide for different payment schedules to reflect the economic circumstances of each victim. Sets forth provisions regarding: (1) compensation with respect to losses from insurance or other sources; (2) set-offs against amounts later recovered as compensatory damages by the victim in Federal and State civil proceedings; and (3) payment by the offender to an entity designated by the Director of the Administrative Office of the United States Courts for accounting and payment in accordance with this Act. Specifies that a restitution order shall constitute a lien against all property of the offender. Makes compliance with a restitution order a condition of any probation, parole, or other form of release of an offender. Specifies actions the court may take, including revocation of probation or supervised release, if a defendant fails to comply. Provides for enforcement of restitution orders. Authorizes: (1) a victim or the offender to petition the court to modify a restitution order in view of a change in the economic circumstances of the offender; and (2) the court to refer any issue arising in connection with a proposed restitution order to a magistrate or special master for proposed findings of fact and recommendations as to disposition, subject to a de novo determination of the issue by the court.
United States · United States Congress · 26 January 1995
A to Z Spending Cuts Plan - Reduces discretionary spending limits for FY 1995 in amounts equal to rescissions under this Act. Declares that reductions in outlays shall not be taken into account for sequestration purposes of the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act). Reduces discretionary spending limits for FY 1995 through 1998 by the amount of rescissions and additional savings under this Act. Expresses the sense of the Congress that each reduction in the discretionary spending caps caused by the spending cuts of this Act shall result in reduction in future spending for that particular program only.
United States · United States Congress · 25 January 1995
TABLE OF CONTENTS: Title I: Retirement Savings Incentives Subtitle A: Restoration of IRA Deduction Subtitle B: Nondeductible Tax-Free IRAs Title II: Penalty-Free Distributions Title III: Aid to Families with Dependent Children Savings and Investment Incentive Act of 1995 - Title I: Retirement Savings Incentives - Subtitle A: Restoration of IRA Deduction - Amends the Internal Revenue Code to restore the deduction for individual retirement plans (IRAs). Provides a phase-up of income limits (from 1995 through 1998) with respect to the limitation on the deductibility of contributions to IRAs by active participants in employer-maintained plans. Removes the spousal rule from such limitation. Terminates income limits after December 31, 1998. Provides an inflation adjustment for deductible amounts after 1995. Allows certain spouses a full deduction for contributions to an IRA. Makes certain coins and bullion ineligible as collectible investments for purposes of distributions from an IRA. Coordinates the limit on such deduction with the elective deferral limit under other pension provisions. Subtitle B: Nondeductible Tax-Free IRAs - Allows individuals to establish individual retirement plus (IRA plus) accounts with tax treatment similar to that for individual retirement plans. Makes contributions to such accounts nondeductible. Excludes distributions from such accounts from the gross income of the distributee, if the assets remain in such accounts for at least five years. Allows qualified transfers to be made to such accounts. Establishes penalties for early withdrawals and excess contributions. Title II: Penalty-Free Distributions - Allows distributions from certain retirement plans without penalty to: (1) purchase first homes; (2) pay higher education expenses; (3) pay long-term care insurance premiums; (4) pay financially devastating medical expenses; and (5) assist certain unemployed individuals. Title III: Aid to Families with Dependent Children - Amends part A (Aid to Families with Dependent Children) (AFDC) of title IV of the Social Security Act to exclude from AFDC eligibility determinations certain income and resources that are to be used for education, training, and employability purposes. Requires the Secretary of Health and Human Services to report to specified congressional committees on the use of qualified asset accounts. Requires the Secretary to report to the Congress on a revision of the AFDC limit on automobiles in order to increase the employability of AFDC recipients.
United States · United States Congress · 17 January 1995
Amends Federal transportation law to exempt farmers or retail farm suppliers transporting agricultural commodities or farm supplies from requirements limiting the maximum driving and on-duty time for drivers used by motor carriers if such transportation occurs within a 100-air mile radius of the source of such commodities or the distribution point for such farm supplies.
United States · United States Congress · 17 January 1995
United States One Dollar Coin Act of 1995 - Amends Federal currency law to prescribe the color and content of one-dollar coins. Prohibits a Federal reserve bank from placing into circulation any one-dollar Federal Reserve note after the date that the one-dollar coins are first placed in circulation. Directs the Secretary of the Treasury to cease regular production of one-dollar Federal Reserve notes (except for such quantities as are required to meet collectors' needs).
United States · United States Congress · 13 January 1995
Repeals the Davis-Bacon Act (an Act which requires that the locally prevailing wage rate be paid to various classes of laborers and mechanics working under federally-financed or federally-assisted contracts for construction, alteration, and repair of public buildings or public works). Repeals the Copeland Act (an Act which requires the Secretary of Labor to regulate contractors and subcontractors engaged in the construction or repair of public buildings, public works, or federally financed or assisted buildings or works).
![Official portrait of Rep. Lightfoot, Jim [R-IA-3]](https://www.congress.gov/img/member/l000305_200.jpg)