United States · United States Congress · 18 September 1995
TABLE OF CONTENTS: Title I: National Highway System Title II: Highway Funding Restoration Title III: Miscellaneous Provisions National Highway System Designation Act of 1995 - Title I: National Highway System - Designates the National Highway System (NHS) as submitted by the Secretary of Transportation on September 1, 1995. Authorizes the Secretary of Transportation to submit to specified congressional committees for approval a proposed modification of the NHS, subject to specified requirements, which shall take effect only if a law has been enacted approving such modification. Sets forth provisions regarding: (1) initial proposed modifications to the NHS; (2) congressional high priority corridors; and (3) interim eligibility for Federal highway funds. Title II: Highway Funding Restoration - Highway Funding Restoration Act of 1995 - Directs the Secretary to allocate among the States specified amounts for Interstate highway substitute, NHS, surface transportation program, Interstate, congestion mitigation and air quality improvement program, bridge, hazard elimination, and rail- highway crossings projects (State High Priority Project Restoration Program, hereinafter referred to as the High Priority Program) for FY 1996 and 1997. Specifies allocation percentages by State. Provides that such allocations shall not affect a State's minimum allocation of Federal-aid highway funds or specified allocations under the Intermodal Surface Transportation Efficiency Act of 1991 (ISTEA). Sets forth provisions regarding: (1) the period of availability; (2) a special rule for the obligation of allocations in urbanized areas with a population of over 200,000; and (3) limits on planning expenditures. Authorizes appropriations. (Sec. 204) Rescinds funds from various previously authorized projects and from unobligated balances of funds previously made available and derived from the Highway Trust Fund (HTF). Reduces the authorized funding levels for certain programs (regarding magnetic levitation and highway safety) funded from the HTF for FY 1996 and 1997. Transfers certain funds (regarding the Congestion Pricing Pilot Program) derived from the HTF made available for such fiscal years to carry out the High Priority Program. (Sec. 205) Directs the Secretary: (1) to notify each State of the total amount of the reduction in authorized funds for FY 1996 that would have been allocated and apportioned to such State, as a result of specified ISTEA provisions; and (2) in determining such amount, to deduct the amount allocated to each State in FY 1996 pursuant to the High Priority Program and certain other amounts available for FY 1996. Requires: (1) each State to designate on or before November 1, 1995, or as soon as possible thereafter, unobligated balances of funds apportioned or allocated on or before September 30, 1995, and which are subject to the obligation ceiling, that may be made available for any purpose currently eligible under the Minimum Allocation Program; and (2) the Secretary to make such funds available to the States before November 15, 1995, or as soon as possible thereafter. Prohibits unobligated balances of funds attributed to urbanized areas with a population of over 200,000 from being designated by the State without the concurrence, in writing, of the Metropolitan Planning Organization (MPO) designated for such area. Sets forth provisions regarding: (1) congestion mitigation and air quality balances; (2) interstate construction balances; (3) periods of availability; and (4) limits on statutory construction. (Sec. 206) Revises provisions regarding the method of distribution of funds made available under the Minimum Allocation Program in FY 1996 and 1997. Sets forth provisions regarding: (1) a special rule for urbanized areas of over 200,000 in FY 1996 and 1997; and (2) funding. (Sec. 207) Prohibits the Secretary from penalizing States for failure to implement various highway and transportation management systems during FY 1996. Repeals a requirement that States meet minimum utilization requirements for asphalt pavement containing recycled rubber and the penalties for failure to meet those requirements. Title III: Miscellaneous Provisions - Directs the Secretary to distribute any limitation otherwise imposed on transit operating assistance so that each urbanized area that had a population of less than 200,000 under the 1990 decennial census will receive for FY 1996 75 percent of the amount the area received under such distribution for FY 1995. Requires the Secretary, in the distribution of such limitation to urbanized areas that had a population under such census of one million or more, to direct each such area to give priority consideration to the impact of reductions in operating assistance on smaller transit authorities operating within the area and to consider the needs and resources of such authorities when the limitation is distributed among all transit authorities operating in the area. (Sec. 302) Directs the Secretary to: (1) require each recipient of Federal financial assistance for a highway or transit project with an estimated total cost of $1 billion or more to submit to the Secretary an annual financial plan, which shall be based on detailed annual estimates of the cost to complete the remaining elements of the project and on reasonable assumptions (as determined by the Secretary) of future increases in the cost to complete the project; (2) make a recommendation to the Congress on whether or not future Federal assistance should be withheld regarding any such project for which an annual financial plan is not submitted or for which the Secretary determines that the estimates or assumptions are not reasonable; and (3) submit to the Congress an annual report on the financial plans submitted and any such recommendation. (Sec. 303) Prohibits the Secretary of Transportation, after this Act's enactment and before the date on which Federal-aid highway and transit programs are reauthorized, from issuing a letter of intent, or entering into a full financing grant agreement or early systems work agreement for a project or operable segment of a project unless the full amount of Federal financial responsibility for the project or segment has been included in an authorization law. Makes such prohibition inapplicable to any project: (1) for which a letter of intent was issued before this Act's enactment date; and (2) included as an element of an interrelated project which also includes another project for which a letter of intent was issued before such date. (Sec. 304) Requires an annual report on Capital Projects for Fixed Guideway Systems and Extensions of Existing Fixed Guideway Systems to include: (1) an analysis of potential funding requirements of the project in the succeeding five fiscal years; and (2) a description of the planning and study process undertaken to select the locally preferred alternative, and of efforts undertaken to seek alternative funding sources, for the project. (Sec. 305) Repeals the authorization for the Long Beach Metro Link Fixed Rail Project. Reduces the authorization for the Honolulu Rapid Transit Project. (Sec. 306) Modifies various previously authorized transit projects and makes funds available for certain additional projects. (Sec. 307) Adds consideration of recreational travel and tourism to the metropolitan planning process under the transit program. (Sec. 308) Requires that any contract or subcontract awarded for engineering and design services, whether funded in whole or in part with Federal transit funds, be performed and audited in compliance with cost principles contained in the Federal acquisition regulations. Requires the recipient of Federal funds to: (1) accept and use indirect cost rates established by a government agency in accordance with such regulations for one-year applicable accounting periods in estimating, negotiating, and administering contracts; (2) notify affected firms before requesting and using the cost and rate data; and (3) keep such data confidential. Makes this section effective two years after this Act's enactment, but grants a State the option of adopting by statute an alternative process intended to promote engineering and design quality and to ensure maximum competition by professional companies of all sizes providing engineering and design services. (Sec. 309) Allows Federal participation in the construction of ferry boats and terminal facilities that operate between a State and a point in Canada. (Sec. 310) Directs the Secretary to issue guidance to encourage States to utilize private sector sources for surveying and mapping services for highway projects. (Sec. 311) Specifies that the hiring of law enforcement or security personnel is an eligible expense under the transit security program. Allows half of the publicly funded ferry boat service provided to the City of Avalon, California, to be counted under the formula grant transit program. (Sec. 312) Amends the Americans With Disabilities Act of 1990 to require that accessibility requirements for private over-the-road buses be met by small providers within three years, and by other providers within two years, after the issuance of final regulations. (Sec. 313) Makes the Alaska Railroad eligible for certain fixed guideway modernization funds for improvements to its passenger operations. (Sec. 314) Amends Federal transportation law to authorize (current law requires) preemployment alcohol testing of: (1) mass transit, railroad, air carrier, and Federal Aviation Administration employees responsible for safety-sensitive functions; and (2) operators of commercial motor vehicles. (Sec. 315) Provides that a State shall be treated as having met the requirement of having a statewide program for roadside sobriety checkpoints if such a program would violate the constitution of the State and if the State meets certain other safety requirements. Moves from the Supplemental Grants Program to the Basic Grants Program the requirement that a State provide that any person under age 21 with a blood alcohol concentration of .02 percent or greater when driving a motor vehicle shall be deemed to be driving while intoxicated. (Sec. 316) Directs the Secretary to: (1) conduct a study of technologies and practices to improve the driving performance of older drivers and other special driver groups; (2) undertake demonstration activities which incorporate and build upon gerontology research related to the study of the normal aging process, and initially implement such activities in States with the highest population of aging citizens for whom driving a motor vehicle is their primary mobility mode; and (3) carry out the study by entering into a cooperative agreement with an institution that has demonstrated competencies in specified fields. Requires the Secretary: (1) in carrying out the work zone safety program under ISTEA, to utilize a variety of methods to increase safety at highway construction sites, including conferences, creation of a national clearinghouse, and a national promotional campaign; and (2) to conduct a study to develop and evaluate radio and microwave technology for a motor vehicle safety warning system in furtherance of safety in all types of motor vehicles, and determine whether such technology has other appropriate safety applications. (Sec. 317) Amends ISTEA to extend until the reauthorization of the Federal-aid highway and transit programs a temporary waiver from axle weight limitations for any vehicle regularly and exclusively used as an intrastate public agency transit passenger bus. (Sec. 318) Freezes funding allocations under the Congestion Mitigation and Air Quality Program (CMAQ) at the FY 1994 levels for the remaining years of ISTEA, and provides that CMAQ funds may be used for projects for the maintenance of air quality standards. Provides that certain funding equity provisions will not be affected by this section. (Sec. 319) Directs the Secretary to establish a program to require States to conduct an analysis of the life-cycle costs of, and carry out a value engineering analysis for, all projects on the NHS with an estimated total cost of $25 million or more. (Sec. 320) Specifies that transportation conformity requirements only apply to areas that are designated as nonattainment areas and to areas that have been designated at attainment areas but that are still subject to maintenance requirements under the Clean Air Act. (Sec. 322) Exempts certain specialized vehicles operating on the 104-mile portion of Wisconsin State Route 78 and U.S. Route 51 from vehicle weight limitations upon the inclusion of the route as part of the Interstate System. (Sec. 322) Sets forth provisions regarding contracting for engineering and design services funded in whole or in part with Federal-aid highway funds (analogous to provisions under Sec. 308). Repeals a pilot program under ISTEA for uniform audit procedures. (Sec. 323) Includes the Centennial Bridge, Rock Island, Illinois, under provisions relating to toll agreements. (Sec. 324) Prohibits the Secretary, before September 30, 1997, from requiring the States to expend any Federal or State funds to construct, erect, or otherwise place, or modify, a highway sign relating to any speed limit, distance, or other measurement using the metric system. (Sec. 325) Specifies that the Federal ban on outdoor advertising on scenic highways does not restrict the authority of a State with respect to commercial and industrial areas along a scenic byway, nor does it prevent a State from establishing standards stricter than those in Federal law. (Sec. 326) Adds recreational travel and tourism to the factors that must be considered by MPOs in developing transportation plans and programs. (Sec. 327) Allows any non-Federal funds expended for the seismic retrofit of certain toll bridges to be credited toward the non-Federal share required as a condition of receipt of Federal funds for such retrofit made available after the date of the expenditure. (Sec. 328) Specifies that data collected for safety reports or surveys shall not be subject to discovery or admitted into evidence in Federal or State court proceedings. (Sec. 329) Revises the National Recreational Trails Program under ISTEA, including a provision requiring States to provide 20 percent of the program costs in the sixth year of the program. Requires a State to give priority to projects which mitigate and minimize impacts to the environment. Permits a State to apply to the Secretary for an exemption from requirements for the distribution of Federal trail program funds. (Sec. 330) Revises ISTEA regarding the routing of certain existing high priority corridors and adds additional high priority corridors. Designates certain of these routes as future Interstate routes, if they are not already designated, when the Secretary determines that such routes meet Interstate standards and connect to an existing Interstate segment. (Sec. 331) Amends ISTEA to authorize a feasibility study to identify routes that will expedite future emergency evacuations of coastal areas of Louisiana. Directs the Secretary to conduct a study to determine the feasibility of establishing a route for the East-West Transamerica Corridor in West Virginia and Virginia. (Sec. 334) Delineates the route of the East-West Transamerica High Priority Corridor. (Sec. 341) Amends the Federal-Aid Highway Act of 1956 to make the High Street to Causeway Street section of Central Artery project eligible for Interstate construction funds. Makes certain revisions to the Interstate 95 and Pennsylvania Turnpike project authorized by the Surface Transportation Assistance Act of 1982. Prohibits the use of Federal funds to construct Type II noise barriers, other than for projects already approved. (Sec. 342) Directs the Secretary to enter into an agreement modifying an existing agreement that provides Orange County, California, with a line of credit. Allows the Secretary to require an interest rate higher than that previously specified. (Sec. 343) Directs the Secretary to conduct a study: (1) and report to the Congress on the adequacy of and the need for improvements to the Pan American Highway; (2) to determine the cost, need, and efficacy of establishing a highway sign for identifying routes on the NHS; and (3) and report to the Congress on compliance with the Buy American Act with respect to contracts entered into using amounts made available from the HTF. (Sec. 344) Provides that tolls collected for motor vehicles on any bridge connecting the boroughs of Brooklyn and Staten Island, New York, shall continue to be collected for only those vehicles exiting from such bridge in Staten Island. (Sec. 345) Authorizes appropriations for FY 1996 for the National Driver Register. (Sec. 346) Modifies ISTEA provisions to: (1) provide that not less than two and a half percent of the mileage of new or replacement permanent or temporary crashworthy barriers included in awarded contracts along Federal-aid highways within the boundaries of a State in each calendar year shall be innovative crashworthy safety barriers; and (2) define "innovative crashworthy safety barrier" as a barrier, other than a guardrail or guiderail, classified by the Federal Highway Administration as experimental or classified as operational after January 1, 1985, which meets or surpasses the requirements of the National Cooperative Highway Research Program 350 for longitudinal barriers. (Sec. 347) Allows signs, displays, and devices identifying and announcing free motorists aid call boxes and their sponsorship by corporations or other organizations in areas adjacent to the Interstate System and the primary system. (Sec. 348) Repeals: (1) the national maximum speed limit and all related enforcement requirements; and (2) the penalty States face for not having a law requiring individuals on motorcycle to wear a motorcycle helmet. (Sec. 350) Adds safety rest areas to the list of safety projects that qualify for 100 percent Federal funding. (Sec. 351) Sets forth exemptions from requirements relating to commercial motor vehicles and their operators, regarding: (1) transportation of agricultural commodities and farm supplies; (2) transportation and operation of groundwater well drilling rigs; (3) transportation of construction materials and equipment; and (4) snow and ice removal. Authorizes the Secretary: (1) to conduct a rulemaking proceeding to determine whether granting any such exemption is not in the public interest and would have a significant adverse impact on the safety of commercial motor vehicles; and (2) if so, to prevent the exemption from going into effect, modify it, or revoke it). (Sec. 352) Deems traffic control signs erected under the experimental project conducted in the State of Oregon in December 1991 to comply with requirements of the Manual on Uniform Traffic Control Devices of the Department of Transportation. (Sec. 353) Allows the Brightman Street Bridge in Fall River Harbor, Massachusetts, to be reconstructed to result in a clear channel width of less than 300 feet.
United States · United States Congress · 13 September 1995
Requires that any markup in the committees or subcommittees of the House of Representatives of any legislation changing existing law concerning Medicare or Medicaid pursuant to the reconciliation instructions of the concurrent resolution on the budget for FY 1996 be preceded by a minimum of four weeks for public disclosure of and public hearings on the legislative text of such changes. Prohibits such legislation from being considered in the House until such requirements have been met. Expresses the sense of the House that the Senate should adopt a similar schedule for public disclosure and hearings on the legislative text of any such changes.
United States · United States Congress · 7 September 1995
TABLE OF CONTENTS: Title I: National Highway System Title II: Highway Funding Restoration Title III: Miscellaneous Provisions National Highway System Designation Act of 1995 - Title I: National Highway System - Designates the National Highway System (NHS) as submitted by the Secretary of Transportation on September 1, 1995. Authorizes the Secretary of Transportation to submit to specified congressional committees for approval a proposed modification of the NHS, subject to specified requirements, which shall take effect only if a law has been enacted approving such modification. Sets forth provisions regarding: (1) initial proposed modifications to the NHS; and (2) congressional high priority corridors. (Sec. 102) Prohibits the Secretary from apportioning or allocating, prior to August 1, 1997, any funds authorized to be appropriated or made available for FY 1997 under specified Federal highway provisions, including the Intermodal Surface Transportation Efficiency Act of 1991 (ISTEA), the Surface Transportation Assistance Act of 1982, or provisions relating to the State High Priority Project Restoration Program (see Title II). Requires the Secretary, for purposes of determining minimum allocations, to treat certain apportionments and allocations as having been made on October 1, 1996. Prohibits the obligation of amounts made available in FY 1997 at a rate higher than the historical rate of obligation of such funds. (Sec. 103) Prohibits the Secretary from apportioning or allocating, prior to August 1, 1997, Federal transit funds (other than administrative expenses) authorized to be appropriated or made available for FY 1997. Provides that certain transit funds appropriated after this Act's enactment may not be obligated before August 1, 1997. Title II: Highway Funding Restoration - Highway Funding Restoration Act of 1995 - Directs the Secretary to allocate among the States specified amounts for Interstate highway substitute, NHS, surface transportation program, Interstate, congestion mitigation and air quality improvement program, bridge, hazard elimination, and rail-highway crossings projects (State High Priority Project Restoration Program, hereinafter referred to as the High Priority Program) for FY 1996 and 1997. Specifies allocation percentages by State. Provides that such allocations shall not affect a State's minimum allocation of Federal-aid highway funds or specified allocations under ISTEA. Sets forth provisions regarding: (1) the period of availability of such allocations; (2) a special rule for the obligation of allocations in urbanized areas of over 200,000; and (3) limits on planning expenditures. Authorizes appropriations. (Sec. 204) Rescinds funds from various previously authorized projects and from unobligated balances of funds previously made available and derived from the Highway Trust Fund (HTF). Reduces the authorized funding levels for certain programs (regarding magnetic levitation and highway safety) funded from the HTF for FY 1996 and 1997. Transfers certain funds (regarding the Congestion Pricing Pilot Program) derived from the HTF made available for such fiscal years to carry out the High Priority Program. (Sec. 205) Directs the Secretary: (1) to notify each State of the total amount of the reduction in authorized funds for FY 1996 that would have been allocated and apportioned to such State as a result of specified ISTEA provisions; and (2) in determining such amount, to deduct the amount allocated to each State in FY 1996 pursuant to the High Priority Program and certain other amounts available for FY 1996. Requires: (1) each State to designate on or before November 1, 1995, or as soon as possible thereafter, unobligated balances of funds apportioned or allocated on or before September 30, 1995, and which are subject to the obligation ceiling, that may be made available for any purpose currently eligible under the Minimum Allocation Program; and (2) the Secretary to make such funds available to the States before November 15, 1995, or as soon as possible thereafter. Prohibits unobligated balances of funds attributed to urbanized areas with a population of over 200,000 from being designated by the State without the concurrence, in writing, of the Metropolitan Planning Organization (MPO) designated for such area. Sets forth provisions regarding: (1) congestion mitigation and air quality balances; (2) Interstate construction balances; (3) periods of availability; and (4) limits on statutory construction. (Sec. 206) Revises provisions regarding the method of distribution of funds made available under the Minimum Allocation Program in FY 1996 and 1997. Sets forth provisions regarding: (1) a special rule for urbanized areas of over 200,000; and (2) funding. (Sec. 207) Prohibits the Secretary from penalizing States for failure to implement various highway and transportation management systems during FY 1996. Repeals a requirement that States meet minimum utilization requirements for asphalt pavement containing recycled rubber and the penalties for failure to meet those requirements. Title III: Miscellaneous Provisions - Directs the Secretary to distribute any limitation otherwise imposed on transit operating assistance so that each urbanized area that had a population of less than 200,000 under the 1990 decennial census will receive for FY 1996 75 percent of the amount the area received under such distribution for FY 1995. Requires the Secretary, in the distribution of such limitation to urbanized areas that had a population under such census of one million or more, to direct each such area to give priority consideration to the impact of reductions in operating assistance on smaller transit authorities operating within the area and to consider the needs and resources of such authorities when the limitation is distributed among all transit authorities operating in the area. (Sec. 302) Directs the Secretary to: (1) require each recipient of Federal financial assistance for a highway or transit project with an estimated total cost of $1 billion or more to submit to the Secretary an annual financial plan, which shall be based on detailed annual estimates of the cost to complete the remaining elements of the project and on reasonable assumptions (as determined by the Secretary) of future increases in the cost to complete the project; (2) make a recommendation to the Congress on whether or not future Federal assistance should be withheld regarding any such project for which an annual financial plan is not submitted or for which the Secretary determines that the estimates or assumptions are not reasonable; and (3) submit to the Congress an annual report on the financial plans submitted and any such recommendation. (Sec. 303) Prohibits the Secretary of Transportation, after this Act's enactment and before the date on which Federal-aid highway and transit programs are reauthorized, from issuing a letter of intent or entering into a full financing grant agreement or early systems work agreement for a project or operable segment of a project unless the full amount of Federal financial responsibility for the project or segment has been included in an authorization law. Makes such prohibition inapplicable to any project: (1) for which a letter of intent was issued before this Act's enactment date; and (2) included as an element of an interrelated project which also includes another project for which a letter of intent was issued before such date. (Sec. 304) Requires an annual report on Capital Projects for Fixed Guideway Systems and Extensions of Existing Fixed Guideway Systems to include: (1) an analysis of potential funding requirements of the project in the succeeding five fiscal years; and (2) a description of the planning and study process undertaken to select the locally preferred alternative and of efforts undertaken to seek alternative funding sources for the project. (Sec. 305) Repeals the authorization for the Long Beach Metro Link Fixed Rail Project. Reduces the authorization for the Honolulu Rapid Transit Project. (Sec. 306) Modifies various previously authorized transit projects and makes funds available for certain additional projects. (Sec. 307) Adds consideration of recreational travel and tourism to the metropolitan planning process under the transit program. (Sec. 308) Requires that any contract or subcontract awarded for engineering and design services, whether funded in whole or in part with Federal transit funds, be performed and audited in compliance with cost principles contained in the Federal acquisition regulations. Requires the recipient of Federal funds to: (1) accept and use indirect cost rates established by a government agency in accordance with such regulations for one-year applicable accounting periods in estimating, negotiating, and administering contracts; (2) notify affected firms before requesting and using the cost and rate data; and (3) keep such data confidential. Makes this section effective two years after this Act's enactment, but grants a State the option of adopting by statute an alternative process intended to promote engineering and design quality and to ensure maximum competition by professional companies of all sizes providing engineering and design services. (Sec. 309) Revises the formula for State expenditures on intercity bus transportation and includes among eligible activities the purchase of accessibility devices. Directs the Secretary to make capital grants to operators of intercity bus transportation systems to support such systems, including the purchase of such devices. (Sec. 310) Specifies that the hiring of law enforcement or security personnel is an eligible expense under the transit security program. Allows half of the publicly funded ferry boat service provided to the City of Avalon, California, to be counted under the formula grant transit program. (Sec. 311) Amends the Americans With Disabilities Act of 1990 to require that accessibility requirements for private over-the-road buses be met by small providers within three years, and by other providers within two years, after the issuance of final regulations. (Sec. 312) Makes the Alaska Railroad eligible for certain fixed guideway modernization funds for improvements to its passenger operations. (Sec. 313) Amends Federal transportation law to authorize (current law requires) preemployment alcohol testing of: (1) mass transit, railroad, air carrier, and Federal Aviation Administration employees responsible for safety-sensitive functions; and (2) operators of commercial motor vehicles. (Sec. 314) Provides that a State shall be treated as having met the requirement of having a statewide program for roadside sobriety checkpoints if such a program would violate the constitution of the State and if the State meets certain other safety requirements. Moves from the Supplemental Grants Program to the Basic Grants Program the requirement that a State provide that any person under age 21 with a blood alcohol concentration of .02 percent or greater when driving a motor vehicle shall be deemed to be driving while intoxicated. (Sec. 315) Directs the Secretary to: (1) conduct a study of technologies and practices to improve the driving performance of older drivers and other special driver groups; (2) undertake demonstration activities which incorporate and build upon gerontology research related to the study of the normal aging process, and initially implement such activities in States with the highest population of aging citizens for whom driving a motor vehicle is their primary mobility mode; and (3) carry out the study by entering into a cooperative agreement with an institution that has demonstrated competencies in specified fields. Requires the Secretary: (1) in carrying out the work zone safety program under ISTEA, to utilize a variety of methods to increase safety at highway construction sites, including conferences, creation of a national clearinghouse, and a national promotional campaign; and (2) to conduct a study to develop and evaluate radio and microwave technology for a motor vehicle safety warning system in furtherance of safety in all types of motor vehicles and determine whether such technology has other appropriate safety applications. (Sec. 316) Amends ISTEA to extend until the reauthorization of the Federal-aid highway and transit programs a temporary waiver from axle weight limitations for any vehicle regularly and exclusively used as an intrastate public agency transit passenger bus. (Sec. 317) Freezes funding allocations under the Congestion Mitigation and Air Quality Program (CMAQ) at the FY 1994 levels for the remaining years of ISTEA and provides that CMAQ funds may be used for projects for the maintenance of air quality standards. Provides that certain funding equity provisions will not be affected by this section. (Sec. 318) Directs the Secretary to establish a program to require States to conduct an analysis of the life-cycle costs of, and carry out a value engineering analysis for, all projects on the NHS with an estimated total cost of $25 million or more. (Sec. 319) Specifies that transportation conformity requirements only apply to areas that are designated as nonattainment areas and to areas that have been designated as attainment areas but that are still subject to maintenance requirements under the Clean Air Act. (Sec. 320) Sets forth provisions regarding contracting for engineering and design services funded in whole or in part with Federal-aid highway funds (analogous to provisions under Sec. 308). Repeals a pilot program under ISTEA for uniform audit procedures. (Sec. 321) Exempts certain specialized vehicles operating on the 104-mile portion of Wisconsin State Route 78 and U.S. Route 51 from vehicle weight limitations upon the inclusion of the route as part of the Interstate System. (Sec. 322) Includes the Centennial Bridge, Rock Island, Illinois, under provisions relating to toll agreements. (Sec. 323) Prohibits the Secretary, before September 30, 1997, from requiring the States to expend any Federal or State funds to construct, erect, or otherwise place, or modify a highway sign relating to any speed limit, distance, or other measurement using the metric system. (Sec. 324) Specifies that the Federal ban on outdoor advertising on scenic highways does not restrict the authority of a State with respect to commercial and industrial areas along a scenic byway, nor does it prevent a State from establishing standards stricter than those in Federal law. (Sec. 325) Adds recreational travel and tourism to the factors that must be considered by MPOs in developing transportation plans and programs. (Sec. 326) Allows any non-Federal funds expended for the seismic retrofit of certain toll bridges to be credited toward the non-Federal share required as a condition of receipt of Federal funds for such retrofit made available after the date of the expenditure. (Sec. 327) Specifies that data collected for safety reports or surveys shall not be subject to discovery or admitted into evidence in Federal or State court proceedings. (Sec. 328) Revises the National Recreational Trails Program under ISTEA, including a provision requiring States to provide 20 percent of the program costs in the sixth year of the program. Requires a State to give priority to projects which mitigate and minimize impacts to the environment. Permits a State to apply to the Secretary for an exemption from requirements for the distribution of Federal trail program funds. (Sec. 329) Revises ISTEA regarding the routing of certain existing high priority corridors and adds additional high priority corridors. Designates certain of these routes as future Interstate routes, if they are not already designated, when the Secretary determines that such routes meet Interstate standards and connect to an existing Interstate segment. (Sec. 330) Amends ISTEA to authorize a feasibility study to identify routes that will expedite future emergency evacuations of coastal areas of Louisiana. Directs the Secretary to conduct a study to determine the feasibility of establishing a route for the East-West Transamerica Corridor in West Virginia and Virginia. (Sec. 333) Delineates the route of the East-West Transamerica High Priority Corridor. (Sec. 340) Amends the Federal-Aid Highway Act of 1956 to make the High Street to Causeway Street section of an existing project eligible for Interstate construction funds. Makes certain revisions to the Interstate 95 and Pennsylvania Turnpike project authorized by the Surface Transportation Assistance Act of 1982. Prohibits the use of Federal funds to construct Type II noise barriers, other than for projects already approved. (Sec. 341) Directs the Secretary to enter into an agreement modifying an existing agreement that provides Orange County, California with a line of credit. Allows the Secretary to require an interest rate higher than that previously specified. (Sec. 342) Directs the Secretary to conduct a study: (1) and report to the Congress on the adequacy of and the need for improvements to the Pan American Highway; and (2) to determine the cost, need, and efficacy of establishing a highway sign for identifying routes on the NHS. (Sec. 343) Provides that tolls collected for motor vehicles on any bridge connecting the boroughs of Brooklyn and Staten Island, New York, shall continue to be collected for only those vehicles exiting from such bridge in Staten Island. (Sec. 344) Authorizes appropriations for FY 1996 for the National Driver Register.
United States · United States Congress · 4 August 1995
Technology Export Review Act - Amends the Export Administration Act of 1979 to direct the Secretary of Commerce to conduct periodic reviews of national security and foreign policy export controls on goods and technology in order to ensure that requirements for validated licenses to export are periodically removed as such items become obsolete with respect to the objectives of such controls. Requires the Secretary, if the review warrants, to: (1) eliminate the requirement for an export license for a particular good or technology; (2) make such item eligible for delivery under a distribution license or other license authorizing multiple exports; (3) eliminate a performance threshold upon which the license requirement for the item is based; or (4) increase the performance levels at which a license for such item is required, at which it is eligible for delivery under a distribution license, or at which special conditions or security safeguard plans are imposed as a condition of export. Requires the Secretary to: (1) identify mass-market products (any good or technology sold, licensed, or distributed as a discrete item which will have been distributed for end use outside the United States in a quantity exceeding 100,000 units over a 12-month period); and (2) propose the elimination of export controls on such an item to any group of countries which imposes similar controls on it cooperatively with the United States. Requires the export control treatment imposed under this Act upon semiconductor devices to be no more restrictive or burdensome to the exporter than controls imposed under such Act upon computer systems or telecommunications systems for which the semiconductor devices serve as components.
United States · United States Congress · 1 August 1995
TABLE OF CONTENTS: Title I: Ocean Shipping Reform Title II: Controlled Carriers Amendments Title III: Elimination of the Federal Maritime Commission Ocean Shipping Reform Act of 1995 - Title I: Ocean Shipping Reform - Amends the Shipping Act of 1984 to include as one of its purposes the granting of authority to carriers and shippers to develop transportation arrangements to meet their specific needs. (Sec. 102) Redefines the term "conference," with respect to an association of ocean carriers permitted, pursuant to an approved agreement, to engage in concerted activity, to change "common tariff," which they all utilize, to "common schedule of transportation rates, charges, classifications, rules, and practices." Defines ocean freight forwarder and shippers' association. (Sec. 103) Revises the scope of the Shipping Act of 1984, with respect to certain agreements by or among ocean common carriers, to: (1) substitute "ocean freight forwarders" for "non-vessel-operating common carriers" in exclusive, preferential, or cooperative working arrangements with ocean common carriers covered by the Act; and (2) cover agreements that discuss any matter related to ocean transportation contracts, and enter ocean transportation contracts and agreements related to those contracts. Repeals coverage of agreements to regulate or prohibit the use of service contracts. (Sec. 104) Revises provisions relating to independent actions on certain matters by members of a shipping conference agreement. (Sec. 106) Repeals the mandate for an automated tariff filing and information system. Revises provisions relating to: (1) schedules of transportation rates, terms, and conditions of common carriers and conferences for transportation services not governed by an ocean transportation contract; (2) ocean transportation contracts between one or more common carriers and a conference and one or more shippers; and (3) prohibited acts by persons or common carriers with respect to the provision of ocean transportation services. (Sec. 109) Amends the Foreign Shipping Practices Act of 1988 with respect to actions that the Federal Maritime Commission (FMC) may take against foreign carriers whose practices in a foreign country result in conditions that adversely affect U.S. carriers in the oceanborne trade, and do not exist for foreign carriers of that country in the United States. (Sec. 110) Authorizes the Secretary of Transportation (Secretary) to request the Secretary of the Treasury to refuse or revoke any clearance required for a common carrier vessel if such carrier fails to supply certain information in a FMC investigation or adjudicatory proceeding. (Sec. 114) Revises certain license and bond requirements with respect to ocean freight forwarders. (Sec. 117) Requires marine terminal operators to make available to the public any schedules of rates, regulations, and practices, including limitations of liability, pertaining to receiving, delivering, handling, or storing property at its marine terminal. Title II: Controlled Carriers Amendments - Revises provisions concerning the unjustness and unreasonableness of controlled carrier rates. (Sec. 201) Declares that the rate standards, information submissions, remedies, reviews, and penalties under the Shipping Act of 1984 shall apply to ocean common carriers that are not controlled, but which have been determined by the Secretary of Transportation to be structurally or financially affiliated with nontransportation entities or organizations (government or private) in such a way as to affect their pricing or marketplace behavior in an unfair, predatory, or anticompetitive way that disadvantages U.S. carriers. Requires the Secretary to prescribe regulations that would govern how price and other information is to be submitted by controlled and non-controlled carriers when it would be needed to determine whether prices charged by them are unfair, predatory, or anticompetitive. (Sec. 202) Directs the Secretary to develop, and submit to the Congress, a negotiation strategy to persuade foreign governments to divest themselves of ownership and control of ocean common carriers. Title III: Elimination of the Federal Maritime Commission - Requires the Director of the Office of Management and Budget to submit to the Congress a plan to eliminate the FMC no later than October 1, 1997.
United States · United States Congress · 31 July 1995
TABLE OF CONTENTS: Title I: Public Works and Economic Development Title II: Appalachian Regional Development Economic Development Partnership Act of 1995 - Title I: Public Works and Economic Development - Amends the Public Works and Economic Development Act of 1965 (the Act, for purposes of this title) to establish in each of eight geographic regions of the United States an Economic Development Regional Commission (EDRC). Directs the Secretary of Commerce to serve as the Federal Cochairperson of each EDRC. Provides for: (1) necessary EDRC administrative powers; and (2) the establishment of the regions. Authorizes each EDRC to: (1) make direct grants for the acquisition or development of land and improvements for public works, public services, or development facility usage, as well as related activities; and (2) make supplementary grants that enable States and other entities to take maximum advantage of designated Federal grant-in-aid programs for which they are eligible but for which they cannot supply the required matching share due to their economic situation. Provides supplementary grant requirements, with exceptions. Requires each EDRC, in determining the amount available to any project, to consider the relative needs of the area and the nature of the project to be assisted. Directs the Secretary to prescribe appropriate rules and regulations, including those to assure that appropriate local governmental authorities are given a reasonable opportunity to review and comment on proposed projects. Allows grants to be: (1) increased due to increased construction costs; and (2) reapproved for a project due to changed project circumstances. Authorizes an EDRC to make direct grants to any eligible recipient in an area which the EDRC determines has: (1) experienced or is about to experience an expected rise in unemployment or other economic adjustment problems; or (2) demonstrated long-term economic deterioration. Allows such grant funds to be used to carry out or develop an investment strategy to counteract (1) or (2), above, and to be used directly by the recipient or redistributed to public and private entities (except for private profit-making entities). Authorizes an EDRC to make such assistance available when an economic need is created due to the closure or realignment of a military installation, either at the installation or in adversely affected surrounding communities. Requires an annual report from grant recipients to its EDRC. Authorizes the sale of financial instruments in revolving loan funds to accomplish the purposes of this title, requiring appropriate public review and comment. Authorizes an EDRC, under specified procedures and terms, to provide technical assistance to alleviate or prevent conditions of excessive unemployment or underemployment in areas which the EDRC finds have substantial need for such assistance. Directs the EDRC to make technical information obtained available to all eligible recipients, and to furnish procurement departments of the Federal Government with a list of business firms located in distressed areas which desire Government supplies and services contracts. Authorizes an EDRC to make grants to a State, city, political subdivision, or organization to pay up to 80 percent of the cost for economic development planning, including systematic efforts to reduce unemployment and increase incomes. Defines as an eligible recipient for purposes of this Act an area which meets any of the following criteria: (1) has a per capita income of 80 percent or less of the national average or an unemployment rate one percent or more above such average; (2) has experienced or is about to experience a sudden economic dislocation resulting in significant job losses; or (3) is a community or neighborhood which has a large concentration of low-income individuals, is a rural area with substantial out migration, or has substantial unemployment. Authorizes an EDRC to provide assistance under this Act only if the applicant submits, and the EDRC approves, an investment strategy which identifies the economic development problems to be addressed, as well as related information. Authorizes an EDRC, in order to plan and carry out economic development projects of broader geographic significance, to designate appropriate economic development districts and economic development centers within such districts. Provides geographic, population, and other requirements with respect to each such designation. Authorizes an EDRC to provide assistance to an economic development district area which does not meet the requirements of an eligible recipient under this Act when such assistance will benefit other areas in the district which do meet such requirements. Directs the Secretary to carry out all required duties under this Act through an Under Secretary of Commerce for Economic Development. Directs the Secretary to establish an Office of Economic Development (Office). Requires the Under Secretary to serve as a central information clearinghouse on all matters relating to economic development and adjustment, disaster recovery, and defense conversion programs and activities of Federal and State governments, and to help applicants for such assistance. Requires appropriate consultation with other persons and agencies. Authorizes the President to establish an independent agency to carry out the Secretary's duties under this Act in the event that the Department of Commerce is abolished. Provides a preference for current Economic Development Administration (EDA) employees in considering employment applications at an EDRC or the Office. Abolishes the EDA within the Department of Commerce. Provides for the conclusion of outstanding EDA business and other savings provisions. Provides miscellaneous administrative powers and duties of the Secretary in carrying out this Act. Provides for the transfer of functions from the EDA to the Secretary. Directs the Secretary, for each fiscal year after 1996, to transmit to the Congress a comprehensive and detailed report of the Secretary's and each EDRC's operations under this Act. Authorizes the Secretary to delegate to other Federal departments and agencies any of the functions required under this Act. Imposes penalties upon persons: (1) making false statements in order to obtain assistance under this Act; and (2) who embezzle or commit other fraud-related crimes while connected in any capacity with the Secretary or an EDRC in the administration of this Act. Provides conflict-of-interest provisions. Directs the Secretary to: (1) maintain a permanent list of applications approved for financial assistance under this Act; and (2) make such list available for public inspection. Requires assistance recipients to maintain appropriate records and provide access for audit purposes. States that all financial assistance provided under this Act is in addition to, and shall not be construed to reduce or diminish, any other Federal assistance available to a State or other eligible entity. Authorizes appropriations for FY 1996 through 2000. Authorizes additional appropriations for defense conversion activities. Title II: Appalachian Regional Development - Amends the Appalachian Regional Development Act of 1965 (the Act, for purposes of this title) to: (1) provide FY 1995 findings and purposes for the Act; (2) require the Appalachian Regional Commission (ARC) to meet at least once a year, and allow the ARC to conduct additional meetings by electronic means as considered advisable; (3) require the ARC to obtain a quorum of State members before reaching certain decisions; (4) authorize appropriations for FY 1996 through 2000 for administrative expenses and expenses of the Federal Cochairman and staff; (5) extend through FY 2000 the authority to enter into contracts and leases under the Act; (6) extend through FY 2000 the authorization of appropriations for the Appalachian development highway system; and (7) reduce from 100 to 50 percent of program costs the Federal cost-sharing requirement with respect to demonstration health projects in the Appalachian region under the Act, with an exception of 80 percent of such costs for counties designated as distressed. (Sec. 208) Repeals the following programs and provisions under the Act: (1) the land stabilization, conservation, and erosion control program; (2) the timber development program; (3) the mining area restoration program; (4) the water resource development and utilization survey; (5) the Appalachian airport safety improvements program; (6) the sewage treatment works program; and (7) amendments to the Housing Act of 1954. (Sec. 214) Reduces from 100 to 50 percent of program costs the Federal cost-sharing requirement with respect to Appalachian vocational education and education demonstration projects, with an exception of 80 percent of such costs for counties designated as distressed. Makes an identical reduction with respect to Federal costs for Federal grant-in-aid programs in the Appalachian region. (Sec. 218) Adds specified criteria and measurements to be considered when determining programs and projects to be given assistance under the Act. (Sec. 219) Directs the ARC to designate as: (1) distressed counties those counties that are the most severely and persistently distressed and underdeveloped; and (2) economically competitive counties those counties which have attained substantial economic parity with the rest of the country. Prohibits assistance under the Act for a county designated as economically competitive (with exceptions). (Sec. 220) Empowers the ARC (currently, the President)to make grants for administrative expenses and ARC research and development projects under the Act. Reduces from 75 to 50 percent of program costs the Federal share of such projects, with an exception of 80 percent for counties designated as distressed. Repeals provisions concerning such projects which: (1) require certain ARC studies and reports; (2) authorize appropriations through June 30, 1969; and (3) ensure public availability of all information obtained from such projects. (Sec. 221) Extends through FY 2000 the authorization of appropriations and termination date under the Act.
United States · United States Congress · 31 July 1995
Downed Animal Protection Act - Amends the Packers and Stockyard Act, 1921 to make it unlawful for any stockyard owner, market agency, or dealer to buy, sell, give, receive, transfer, market, hold, or drag any nonambulatory livestock unless such livestock has been humanely euthanized. Imposes civil and criminal penalties for violations.
United States · United States Congress · 27 July 1995
Amends the Fair Labor Standards Act of 1938 to provide that community college employees in classified positions are not required to receive overtime compensation for additional service, on their own volition, in a certified or other academic capacity, unless they are employed in such positions for more than 40 hours in a week.
United States · United States Congress · 27 July 1995
Federal Employee Fairness Act of 1995 - Amends the Civil Rights Act of 1964 to permit a Federal employee filing a discrimination complaint to file it with the Equal Employment Opportunity Commission (EEOC). Makes it an unlawful employment practice if the employee demonstrates that the filing of a complaint contributed to an adverse personnel action against such employee. Requires that any such complaint filed with an agency other than the EEOC be transmitted to the EEOC. Sets forth procedures for filing and processing such complaints. Permits a Federal employee to file a complaint up to 180 days following an alleged discrimination. Provides for a complaint conciliation period. Amends the Age Discrimination in Employment Act of 1967 to permit the filing of a complaint with the EEOC in accordance with the amendments made to the Civil Rights Act of 1964 by this Act. Amends the Rehabilitation Act of 1973 to apply its remedies and attorney fee provisions to complaints by individuals with disabilities with respect to employment in the Library of Congress. Amends title 5 of the United States Code, concerning Government organization and employees, to permit an employee, under a negotiated grievance procedure, to raise matters dealing with actions involving discrimination. Directs EEOC to publish proposed guidelines not later than 180 days after enactment of this Act and allow not less than 30 days for public comment. Requires the guidelines to provide standards for an alternative dispute resolution process. Requires EEOC to issue rules establishing a program to foster voluntary settlement of claims. Expresses the sense of the Congress that amounts appropriated to EEOC should be increased to enable it to carry out its additional responsibility. Expresses the sense of the Congress that payments of relief awarded for Federal employment discrimination claims should not be made out of funds appropriated to an agency for salaries and expenses.
United States · United States Congress · 21 July 1995
Private Security Officer Quality Assurance Act of 1995 - Authorizes an association of employers of private security officers (officers) to submit fingerprints or other methods of positive identification to the Attorney General for background checks of such officers. Allows the Attorney General to exchange identification and criminal history records with State governmental agencies for licensing and employment purposes. (Sec. 4) Expresses the sense of the Congress that the States should enact statutes for issuing licenses to, and reviewing security services of, employers of officers. Provides that: (1) fees on licenses of officers should compensate the State for its direct costs of implementing and enforcing the program; and (2) procedures for issuing such licenses and reviewing such security services should require employers to assign an employee to duty as an unarmed officer prior to State approval of the employee's registration as an officer only after the employer has submitted an application for a criminal records background check, initiated verification of the employee's personal references and five year employment history, and verified that the employee has successfully completed specified training requirements. Sets forth provisions regarding: (1) registration permit and training requirements; (2) waiver of preassignment screening and training requirements if the officer holds a valid registration certificate of that State or is a sworn law enforcement officer; (3) recognition of out-of-State licenses; (4) employee protection from unreasonable limitations imposed by an employer on the right to seek or obtain subsequent employment; and (5) State use of advisory boards.
United States · United States Congress · 13 July 1995
Expresses the sense of the Congress that the U.S. Government should pursue policies that: (1) encourage all residents of this country to become fully proficient in English by expanding educational opportunities; (2) conserve and develop the Nation's linguistic resources by encouraging all residents to learn or maintain skills in a language other than English; (3) assist Native Americans, Native Alaskans, Native Hawaiians, and other peoples indigenous to the United States in their efforts to prevent the extinction of their languages and cultures; (4) continue to provide services in languages other than English as needed to facilitate access to essential functions of government, promote public health and safety, ensure due process, promote equal educational opportunity, and protect fundamental rights; and (5) recognize the importance of multilingualism to vital national interests and individual rights, and oppose "English-only" measures and similar language restrictionist measures.
United States · United States Congress · 30 June 1995
Proud To Be an American Act of 1995 - Provides for demonstration projects throughout the United States to celebrate the process of becoming an American citizen.
United States · United States Congress · 29 June 1995
Coastal Zone Management Reauthorization Act of 1995 - Amends the Coastal Zone Management Act of 1972 to authorize annual grants to States to develop coastal zone management programs. Limits each State to four (currently, two) grants. Authorizes grants to States to implement program changes. Allows financial assistance under existing provisions for research and monitoring in a national estuarine reserve to be used for research outside such a reserve if the activities support research inside the reserve. Authorizes appropriations for: (1) such development grants; (2) administering State management programs; (3) resource management improvement grants; (4) coastal zone enhancement grants; (5) grants under the National Estuarine Research Reserve System; (6) technical assistance; and (7) expenses incidental to the administration of the Act.
United States · United States Congress · 28 June 1995
Women's Choice and Reproductive Health Protection Act of 1995 - Expresses the sense of the Congress that: (1) current provisions of law requiring funding for abortion services in cases of life endangerment, and for victims of rape or incest, to women eligible for medical assistance are essential to their health; (2) Federal resources are necessary to ensure that women have safe access to reproductive health facilities and that health professionals can deliver services in a secure environment free from threats of force; (3) it is necessary and appropriate to use Federal resources to combat the nationwide campaign of violence and harassment against reproductive health centers; (4) the program of grants under title XV of the Public Health Service Act (PHSA) should receive a level of funding that is adequate for all States to receive grants under such title; (5) the program of research centers under the PHSA should receive a level of funding that is adequate for a reasonable number of individuals to conduct research under the program; and (6) the program of loan-repayment contracts under the PHSA should receive a level of funding that is adequate for a reasonable number of individuals to conduct research under the program. Amends the PHSA to authorize appropriations for FY 1996 through 2000 for population research and family planning programs. Amends the Civil Rights Act of 1964 to prohibit any government authority from limiting the right of any individual to provide or receive nonfraudulent information about the availability of reproductive health care services, including family planning, prenatal care, adoption, and abortion services. Directs the Secretary of Health and Human Services to: (1) assure that the Food and Drug Administration evaluates the drug Mifepristone or RU 486; and (2) assess initiatives by which the Department of Health and Human Services can promote the testing, licensing, and manufacturing of the drug Mifepristone or other antiprogestins in the United States. Prohibits Federal law from being construed to prohibit health insurance providers from offering coverage for any reproductive health care services, including abortion services. Amends Federal law to provide that the performance of an abortion in a facility of the uniformed services located outside the 48 contiguous States of the United States is not prohibited provided specific requirements are met.
United States · United States Congress · 27 June 1995
Calls on France to abide by the international moratorium on nuclear testing, refrain from conducting its announced testing, and prepare to close its underground nuclear testing sites at the Moruroa and Fangataufa atolls.
United States · United States Congress · 20 June 1995
California Ocean Protection Act of 1995 - Establishes a California Ocean Protection Zone consisting of waters of the Exclusive Economic Zone off the coast of California that are outside the waters of the State of California and that portion of the outer Continental Shelf underlying the waters. Prohibits: (1) the head of a Federal agency from issuing a lease, permit, or license for exploration for, or development or production of, minerals in or from the Zone; (2) a person from engaging in such activities after the date of the cancellation, expiration, transfer, relinquishment, or termination of a lease, permit, or license for such activities, the date of the suspension of operations associated with such activities under regulations implementing the Outer Continental Shelf Lands Act as in effect on January 1, 1986, or the date on which a lease, permit, or license for such activities in any way becomes inactive; or (3) an agency head from issuing a lease, permit, or license for ocean incineration or harmful ocean dumping within the Zone or for any onshore facility that facilitates ocean incineration or harmful ocean dumping within the Zone. Declares that this Act is not intended to regulate, restrict, or prohibit commercial or recreational fishing, or other harvesting of ocean life in the Zone.
United States · United States Congress · 20 June 1995
Coastal States Protection Act - Amends the Outer Continental Shelf Lands Act to prohibit the Secretary of the Interior from issuing a lease for mineral exploration, development, or production on submerged lands of the Outer Continental Shelf that are seaward of, or adjacent to, specified lands under a State or Federal lease moratorium.
United States · United States Congress · 15 June 1995
Employment Non-Discrimination Act of 1995 - Prohibits employment discrimination on the basis of sexual orientation by covered entities, including an employing authority to which specified provisions of the Government Employee Rights Act of 1991 or the Congressional Accountability Act of 1995 apply. Declares that: (1) this Act does not apply to the provision of employee benefits for the benefit of an employee's partner; and (2) a disparate impact does not establish a prima facie violation of this Act. Prohibits quotas and preferential treatment. Declares that this Act does not apply to: (1) religious organizations (except in their for-profit activities); (2) the armed forces; or (3) laws creating special rights or preferences for veterans. Provides for enforcement. Disallows State immunity. Makes the United States liable for all remedies (except punitive damages) to the same extent as a private person. Allows recovery of attorney's fees. Prohibits retaliation and coercion. Requires posting notices for employees and applicants.
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 · 13 June 1995
Omnibus Transportation Employee Testing Act Amendments of 1995 - Amends Federal transportation law to eliminate the requirement for preemployment alcohol testing of: (1) mass transit employees responsible for safety-sensitive functions; (2) railroad employees responsible for safety-sensitive functions; (3) operators of commercial motor vehicles; (4) air carrier employees responsible for safety-sensitive functions; and (5) Federal Aviation Administration employees responsible for safety-sensitive functions. Permits the preemployment testing for the use of alcohol by such employees.
United States · United States Congress · 7 June 1995
Stipulates that if the California State University, Hayward, matches 20 percent of the funds that the Administrator of the Environmental Protection Agency provides to the California Urban Environmental Research and Education Center, the Administrator shall enter into a series of cooperative agreements with the University to provide continuing support for the Center. Declares the overall objective of the center to be to promote sustainable economic development throughout California by engaging in specified functions, including: (1) developing an ongoing program of applied environmental research, education, and outreach that the Federal, State, and local governments and the private sector can use; (2) fostering of public-private partnerships to find solutions to environmental problems of California; (3) bringing together university and college researchers to focus on California's most important environmental problems; (4) supporting activities such as the coordination and funding of research activities for the collection and evaluation of data, the conduct of seminars and educational programs, the conduct of a national conference, and the development of bachelors and masters degree programs to prepare individuals for employment as environmental professionals; and (5) working with other university research centers provided funds by EPA to help establish a National Environmental Outreach Program to assist governments and the private sector in programs to promote environmentally sound economic development. Authorizes the Center to provide undergraduate scholarships for individuals studying in environmental fields, assistantships and fellowships for graduate students to encourage study in fields related to sustainable economic development, and research grants to faculty at universities and colleges. Authorizes appropriations.
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
Women's Health Office Act of 1995 - Amends the Public Health Service Act (PHSA) and the Federal Food, Drug, and Cosmetic Act to establish an Office of (or on) Women's Health and a related coordinating committee in the Office of the Assistant Secretary of Health, the Centers for Disease Control and Prevention, the Agency for Health Care Policy and Research, the Health Care Resources and Services Administration, and the Office of the Commissioner of the Food and Drug Administration. Amends the PHSA to establish a related advisory committee. Authorizes appropriations.
United States · United States Congress · 24 May 1995
Homesteading and Neighborhood Restoration Act of 1995 - Directs the Secretary of Housing and Urban Development to make equal grants to Habitat for Humanity International and other national or regional organizations or consortia for the construction of new, safe, and sanitary dwellings in the United States, including land acquisitions and infrastructure improvement. Amends the Housing Act of 1949 to extend the time period in which the Secretary is authorized to insure and make commitments to insure loans made under the multifamily rural housing program. Allows any interest in the ownership of a project for which a loan is made or insured under to be transferred only if the Secretary determines that such a transfer would be in the best interest of the tenants of the housing. Repeals provisions which prohibit the Secretary from denying loans because an area is excessively remote. Requires the Secretary to establish objective procedures to identify the counties and communities that have the greatest need for rental housing assistance and designate those counties and communities to receive assistance. Amends the Housing Act of 1949 to deny equity loans to extend low income use unless the Secretary determines that other incentives available are not adequate to provide a fair return on the investment of the borrower, to prevent prepayment of the loan, or to prevent displacement of tenants of the housing for which the loan was made. Authorizes the Secretary to make commitments to nonprofit organizations, an agency or body of any State government, or a private entity to guarantee loans from lenders approved by the Secretary for the development costs of housing and related facilities that consists of five or more adequate dwellings available for occupancy only by low or moderate income families or persons, and will remain available according to commitments required by the Secretary. Terminates guarantee authority after September 30, 1995. Authorizes appropriations.
United States · United States Congress · 3 May 1995
Open Markets and Fair Trade Act of 1995 - Directs the Secretary of Commerce to report annually to the Congress on selected countries in which U.S. goods or services, that would otherwise be competitive there, do not have market access. Requires the Secretary, in selecting such countries and sectors, to give priority to any country: (1) with which the United States has a trade deficit if access to such country's markets is likely to have significant potential to increase exports of U.S. goods and services; and (2) in which access to the markets will result in significant employment benefits for producers of U.S. goods and services. (Sec. 3) Authorizes the President to enter into agreements with such countries for the purpose of obtaining access to their markets. (Sec. 4) Requires the Secretary, in making certain assessments, to monitor each country's compliance with such an agreement, or with any existing trade agreement with the United States. (Sec. 5) Requires, in instances where the United States Trade Representative (USTR) determines that the above-mentioned negotiations have not resulted in an agreement, each restriction on, or impediment to, access to the country's markets be considered, under the Trade Act of 1974, an act, policy, or practice that is unreasonable and discriminatory and restricts U.S. commerce. Requires the USTR, in each case where the Secretary determines that a country is not in material compliance with an agreement for access to their markets to determine what trade relief action to take under a specified section of the Trade Act of 1974. (Sec. 6) Sets forth expedited procedures for implementation of legislation for presidential action against foreign countries that have unfair trade barriers, or that do not comply with the aforementioned agreements.
United States · United States Congress · 2 May 1995
Animal Experimentation Right To Know Act - Amends the Animal Welfare Act to require annual reports from research facilities concerning animal experimentation and testing to include information regarding: (1) the severity of the pain or distress caused by the procedures; (2) where animals used were obtained; (3) an accurate count of all animals of all species used in experiments; and (4) the general purposes of the animal experimentation program of the facility. Directs the Secretary of Agriculture to develop a system for release to the public of information regarding where animals used for experimentation were obtained. Directs the Secretary of Defense to submit to the Congress an annual report on the animal experimentation programs of the Department of Defense, including in-depth profiles of animal research conducted at each Department facility. Requires the initiation of alternative research methods which would phase out and reduce the use of animals in Department research. Directs the Secretary to appoint an ombudsman for animal issues at each Department research facility. Requires an annual report to the Secretary of Agriculture. Directs the President to appoint a panel of biomedical and animal care experts to investigate the animal use and care programs of the Department.
![Official portrait of Rep. Mineta, Norman Y. [D-CA-15]](https://www.congress.gov/img/member/m000794_200.jpg)