United States · United States Congress · 17 November 1995
Authorizes the Speaker of the House of Representatives and the President pro tempore of the Senate to present, on behalf of the Congress, a gold medal to Billy and Ruth Graham in recognition of their outstanding and enduring contributions toward faith, morality, and charity. Authorizes the Secretary of the Treasury to strike and sell bronze duplicates of such medal. Directs the Secretary to transfer from the Numismatic Public Enterprise Fund to the Library of Congress the amount by which the sum of any gifts and donations received by the Secretary to carry out this Act and any proceeds from the sale of bronze duplicates exceeds the total amount of the costs incurred by the Secretary in carrying out this Act.
United States · United States Congress · 15 November 1995
Constitutional Amendment - Declares that: (1) neither the United States nor any State shall deny benefits to or otherwise discriminate against any private person or group on account of religious expression, belief, or identity; and (2) the prohibition on laws respecting an establishment of religion shall not be construed to require such discrimination.
United States · United States Congress · 10 November 1995
Amends rule XLIV (financial disclosure) of the Rules of the House of Representatives to require each report filed with the Clerk of the House under title I of the Ethics in Government Act of 1978 for calendar year 1996 or any subsequent calendar year to disclose any gift (including a meal) with a fair market value in excess of $50 (other than personal hospitality of an individual or any gift received from a relative) as adjusted under such Act. Amends rule XLIII (Code of Official Conduct) to allow a House Member, officer, or employee to accept: (1) a gift with a fair market value of $50 (currently, $100) or less; and (2) an offer of free attendance for such individual and his or her spouse or dependent at a widely attended convention, conference, symposium, forum, panel discussion, dinner, viewing, reception, or similar event provided by the sponsor of the event if the individual participates in the event as a speaker or a panel participant by presenting information related to the Congress or matters before the Congress or by performing a ceremonial function appropriate to his or her official position, or if attendance at the event is appropriate to the performance of the official duties or representative function of the individual. Includes within the definition of "free attendance" waiver of all or part of a conference or other fee, the provision of lodging or transportation or the provision of food, refreshments, entertainment, and instructional materials furnished to all attendees as an integral part of the event. Excludes entertainment collateral to the event and food or refreshments taken other than in a group setting with substantially all other attendees. Permits such an individual, spouse, or dependent to accept a sponsor's unsolicited offer of free attendance at a charity event if: (1) the event is sponsored by a tax-exempt organization; (2) all expenses are paid by the sponsoring organization and not by another corporation or individual; (3) the proceeds to charity from the event exceed the costs of the event; and (4) the participation contributes in a tangible way to the success of the event.
United States · United States Congress · 9 November 1995
Bankruptcy Judgeship Act of 1995 - Amends the Federal judicial code to increase the number of permanent bankruptcy judges in the central district of California and the district of Maryland. Provides for additional appointments of temporary bankruptcy judgeships in Florida, Michigan, New Jersey, New York, and Pennsylvania.
United States · United States Congress · 9 November 1995
Prohibits the obligation or expenditure of funds appropriated or otherwise made available to the Department of Defense for the ground deployment of U.S. forces in Bosnia and Herzegovina as part of any peacekeeping operation or implementation force, unless funds for such deployment have been specifically appropriated by a law enacted after the date of enactment of this Act.
United States · United States Congress · 9 November 1995
Imported Food Labeling Act of 1995 - Requires country of origin labeling of perishable agricultural commodities imported into the United States. Establishes criminal fines for violations of such provision.
United States · United States Congress · 2 November 1995
Redefines "institution of higher education" for purposes of provisions regarding second class postal rates to include a nonprofit organization that coordinates a network of college-level courses that is sponsored primarily by nonprofit educational institutions for an older adult constituency.
United States · United States Congress · 26 October 1995
Prohibits the obligation or expenditure of funds appropriated or otherwise made available to the Department of Defense for the ground deployment of U.S. forces in Bosnia and Herzegovina as part of any peacekeeping operation or implementation force, unless the deployment is specifically authorized by a law enacted after the date of enactment of this Act.
United States · United States Congress · 25 October 1995
TABLE OF CONTENTS: Title I: United States Intellectual Property Organization Subtitle A: Establishment; Powers and Duties; Organization and Management Subtitle B: Trademark Trial and Appeal Board; Board of Patent Appeals and Interferences; Suits By and Against the Organization Subtitle C: Fees; Organization Moneys; Borrowing; Audits Subtitle D: Transfers; Use of Organization Name; Transition Provisions; Technical and Conforming Amendments Subtitle E: Separability; Effective Date; Report to the Secretary Title II: Under Secretary for Intellectual Property United States Intellectual Property Organization Act of 1995 - Title I: United States Intellectual Property Organization - Subtitle A: Establishment; Powers and Duties; Organization and Management - Establishes within the Department of Commerce (Department) the United States Intellectual Property Organization (USIPO) to: (1) perform all current duties of the Department's Patent and Trademark Office with respect to the examination and granting of patent and trademark applications; and (2) carry on studies, programs, and other activities relating to domestic and international patent and trademark laws and issues. Outlines USIPO administrative powers and authority. Vests USIPO management in a Chief Executive Officer (CEO), with specified duties and responsibilities. Provides for USIPO officers and employees. Requires USIPO to make specified funding payments in order to provide appropriate Federal employee compensation and benefits for its staff. Provides that USIPO shall: (1) establish a joint labor-management committee; and (2) not be subject to any Federal full-time equivalent employee restrictions. Subtitle B: Trademark Trial and Appeal Board; Board of Patent Appeals and Interferences; Suits By and Against the Organization - Amends the Trademark Act of 1946 (the Act) to direct the CEO, in every action concerning a trademark (interference, opposition to registration, concurrent use, or application to cancel registration), to: (1) give notice to all parties; and (2) direct a Trademark Trial and Appeal Board to determine and decide such actions. (Sec. 106) Establishes in the USIPO a Board of Patent Appeals and Interferences to review adverse decisions of examiners with respect to patent applications and to determine priority and patentability of invention in interferences declared under the Act. (Sec. 107) Provides administrative provisions regarding suits brought by and against USIPO. (Sec. 108) Requires the CEO to report annually to the President and the Congress on USIPO moneys received and expended, work statistics, and management. Subtitle C: Fees; Organization Moneys; Borrowing; Audits - Directs USIPO to: (1) recommend to the Secretary of Commerce a schedule of fees to be levied for USIPO services rendered and products provided; and (2) be guided by specified principles in developing such schedule. Exempts the United States Intellectual Property Fund from any sequestration orders under the Balanced Budget and Emergency Deficit Control Act of 1985. Provides for the appropriate payment of international fees and handling fees under the Patent Cooperation Treaty, and authorizes the charging of additional fees. (Sec. 110) Establishes in the Treasury the Patent and Trademark Organization Fund for the deposit of all moneys paid to USIPO. Provides authority to invest and issue obligations with respect to the Fund. (Sec. 111) Directs USIPO to reimburse the Department's Inspector General for the cost of any audits conducted for USIPO benefit. Subtitle D: Transfers; Use of Organization Name; Transition Provisions; Technical and Conforming Amendments - Transfers to USIPO all functions, powers and duties, assets and liabilities, and invested capital of the Patent and Trademark Office (Office). Prohibits the use of the USIPO name by any other entity. Provides transition provisions with respect to the continuation of current Office contracts, employees, and labor agreements. Subtitle E: Separability; Effective Date; Report to the Secretary - Provides for the separability of provisions of this Act. Makes this Act effective six months after its enactment. (Sec. 118) Directs the Secretary to report to the President and the Congress on the operation and effectiveness of provisions of this Act, as well as associated costs. Title II: Under Secretary for Intellectual Property - Establishes within the Department an Under Secretary of Commerce for Intellectual Property who shall grant patents and register trademarks, advise the Secretary on all aspects of intellectual property policy, legislation, and issues, and conduct related activities. Directs the Under Secretary to be assisted in such duties by two Deputy Under Secretaries of Commerce for Intellectual Property. Provides funding for the offices of the Under Secretary through reimbursement from USIPO.
United States · United States Congress · 19 October 1995
Anticounterfeiting Consumer Protection Act of 1995 - Makes the following predicate offenses under the Racketeer Influenced and Corrupt Organizations Act: (1) trafficking in counterfeit labels for phonorecords, computer programs or computer program documentation or packaging, and copies of motion pictures or other audiovisual works; (2) criminal copyright infringement; (3) trafficking in goods or services bearing counterfeit marks; and (4) interstate transportation of stolen property. (Sec. 3) Extends to computer programs and computer program documentation and packaging existing prohibitions and penalties applicable to trafficking in counterfeit labels affixed or designed to be affixed to phonorecords or copies of a motion picture or other audiovisual work. (Sec. 4) Requires the Attorney General to include in a report to the Congress, on a district by district basis, certain information on investigations, referred cases, and outcomes of prosecutions relating to criminal counterfeiting actions involving trafficking in counterfeit labels, criminal copyright infringement, and trafficking in goods or services bearing counterfeit marks. (Sec. 5) Amends the Lanham Act to: (1) authorize a court to order the seizure of an aircraft, vehicle, or vessel used in connection with a violation of such Act; (2) direct the court to order that service of a copy of an order with respect to the seizure of counterfeit goods be made by a Federal, State, or local law enforcement officer; (3) require that any merchandise bearing a counterfeit mark imported into the United States in violation of such Act be seized by the appropriate Federal official and, in the absence of the written consent of the trademark owner, forfeited; (4) set civil penalties for anyone who directs, assists, or is in any way concerned in the importation of merchandise for sale or public distribution that is seized; (5) permit the plaintiff, in a case involving the use of a counterfeit mark in connection with the sale, offering for sale, or distribution of goods or services, to recover, instead of actual damages and profits, an award of statutory damages, as specified; and (6) entitle the owner, registrant, or authorized user of a trademark registered under such Act, and any authorized agent or representative thereof, to obtain from the appropriate Federal officers in a timely manner specified information contained in a vessel or aircraft manifest; and (7) require that documentation relating to the entry into the United States of imported merchandise contain such information as necessary to determine whether the merchandise bears an infringing trademark. (Sec. 8) Repeals a provision allowing forfeited articles that are excluded from importation under Federal copyright law to be refunded to the country of export whenever it is shown that the importer had no reasonable grounds for believing that his or her acts constituted a violation of law.
United States · United States Congress · 18 October 1995
Authorizes the Secretary of Defense to transfer to Federal and State agencies excess personal property of the Department of Defense to support law enforcement activities, including counter-drug activities. (Currently, such authority is limited to the support of counter-drug activities.)
United States · United States Congress · 13 October 1995
Designates the Federal Triangle Project under construction at 14th Street and Pennsylvania Avenue, Northwest, in the District of Columbia, as the Ronald Reagan Building and International Trade Center.
United States · United States Congress · 29 September 1995
NII Copyright Protection Act of 1995 - Amends Federal copyright law to grant exclusive rights to the owner of a copyrighted work to provide public distribution of copies or phonorecords of such work by transmission. Revises the definition of: (1) "publication" to include transmission as a means by which copies and phonorecords of a work may be distributed to the public; and (2) "transmit" to include distribution by any device or process whereby a copy or phonorecord of the work is fixed beyond the place from which it was sent. Makes importation in the United States, whether by carriage of tangible goods or by transmission, of copies or phonorecords of work acquired outside of the United States an infringement of the exclusive right to distribute such work unless done with the owner's consent. (Sec. 3) Increases from one to three the limit on copies or phonorecords of a work a library or archive is allowed to reproduce. Limits the number of such copies or phonorecords that may be distributed to one. Revises the conditions of such reproduction or distribution to require that a copyright notice must appear on the copy or phonorecord that is reproduced under the provisions of this Act. Allows a library or archive to reproduce or distribute a copy or phonorecord of an unpublished work duplicated in a digital form solely for purposes of: (1) preservation and security; and (2) replacement of a copy or phonorecord that is damaged, deteriorating, lost, or stolen, if the library or archive determines that an unused replacement cannot be obtained at a fair price. Exempts a nonprofit organization from copyright infringement for reproducing and distributing to the visually impaired, at cost, a Braille, large type, audio or other edition of a previously published literary work in a form intended to be perceived by the visually impaired if, during at least a one-year period after the first publication of a standard edition of such work in the United States, the owner of the exclusive right to distribute such work in the United States has not entered the market for editions intended to be perceived by the visually impaired. (Sec. 4) Prohibits any person from importing, manufacturing, or distributing any device or product, or from offering or performing any service, the primary purpose or effect of which is to circumvent any process, treatment, mechanism, or system which prevents or inhibits the violation of any of the exclusive rights of the copyright owner, without the authority of such owner or the law. Prohibits a person from knowingly: (1) providing, publicly distributing, or importing for public distribution false copyright management information; (2) removing or altering any copyright management information, without the authority of the copyright owner or the law; or (3) distributing or importing for distribution such unauthorized altered information or copies or phonorecords from which such information has been removed without authorization. Defines "copyright management information" to mean the name and other identifying information of the author of a work, the name and other identifying information of the copyright owner, terms and conditions for uses of the work, and such other information as the Register of Copyrights may prescribe by regulation. Sets forth civil remedies and criminal penalties for violation of this section.
United States · United States Congress · 28 September 1995
Inventor Protection Act of 1995 - Requires that every contract for invention development services be in writing and that a copy of the signed written contract be given to the customer at the time the customer enters into the contract. Directs the invention developer to: (1) state in the contract whether the usual business practice is either to seek more than one contract in connection with an invention or to seek to perform services in one or more phases; and (2) supply to the customer a copy of the written document including the usual business terms of contracts and the approximate amount of the usual fees for services provided. Prohibits a developer from requiring or accepting payment for services for five business days after the customer receives a copy of the contract. Calls for the invention developer or a third party representing the invention developer to deem delivery of a promissory note, check, bill of exchange, or negotiable instrument of any kind as payment on the date received. Gives the parties the option to refuse to enter into the contract until five business days after the payment is made. Prescribes language and information that must be included in a cover notice on every such contract. Requires the developer to deliver at quarterly intervals a written report for every contract which shall include: (1) a description of the services performed and those yet to be performed; and (2) the name and address of each person, firm, or corporation to whom the subject matter has been disclosed. Mandates that each contract include: (1) the terms and conditions of payment and contract termination rights; (2) a statement that the customer may avoid entering into the contract by not making a payment to the developer; (3) a concise description of the specific acts or services the developer undertakes; (4) a statement as to whether the developer undertakes to construct, sell, or distribute one or more prototypes, models, or devices embodying the invention; (5) the name and place of business of the developer and any entity that may perform any of the services; (6) a statement of the developer's representation of estimated or projected customer earnings and the data upon which such representation is based; (7) the name and address of the custodian of all records and correspondence relating to the contract; and (8) a statement setting forth a schedule for performance of services. Renders any such contract voidable if it: (1) does not comply with applicable provisions; (2) is entered into in reliance upon any false, fraudulent, or misleading information, representation, notice, or advertisement; or (3) is made by an unenrolled invention developer. Deems any waiver by the customer of any provision of this chapter contrary to public policy void, and unenforceable. Permits any customer who is injured by a developer's violation of this chapter or by any false or fraudulent statement, representation, or omission of material fact by a developer to recover in a civil action against the developer, in addition to reasonable costs and attorney's fees, the greater of $5,000 or the amount of actual damages sustained to the customer. Requires the developers that offer to perform or perform for the customer any act involved in filing for and obtaining utility, design, or plant patent or trademark protection to enroll annually with the Patent and Trademark Office. Authorizes the Commissioner of the Patent and Trademark Office, after notice and opportunity for a hearing, to suspend or exclude from enrollment as a developer any person, firm, partnership, or corporation demonstrated to be incompetent, disreputable, liable for gross misconduct, or not in compliance with the regulations. Makes an act by an unenrolled developer of representing himself as enrolled or permitting himself to be held out as enrolled as a misdemeanor subject to a $10,000 fine for each offense.
United States · United States Congress · 19 September 1995
Amends the Judicial Improvements Act of 1990 to provide that the first vacancy in the office of district judge occurring in the western district of Michigan after December 1, 1995, or in each of other specified judicial districts five years or more after the confirmation date of the judge named to fill a temporary judgeship created by such Act, shall not be filled.
United States · United States Congress · 14 September 1995
Conveys all right, title, and interest of the United States to specified property in San Bernardino County, California, to the Department of Health Services of such State for use as a low-level radioactive waste disposal facility, upon the tendering of $500,100 on behalf of California and the release of the United States from any liability for claims relating to such property. Terminates the authority to make such conveyance on October 1, 2010. Conveys concurrently to the Department necessary easements for utilities and ingress and egress to such property and the right to improve them.
United States · United States Congress · 13 September 1995
Amends titles II (Old Age, Survivors and Disability Insurance) and XVI (Supplemental Security Income) (SSI) of the Social Security Act to provide for payments to State and local prisons for monthly reports on the identities of inmates ineligible for benefits, especially those erroneously paid such a benefit. Denies SSI benefits for ten years to a person found to have fraudulently obtained such benefits while in prison.
United States · United States Congress · 12 September 1995
Authorizes the President, on behalf of the Congress, to present a gold medal to Francis Albert "Frank" Sinatra in recognition of his accomplishments as an entertainer and humanitarian. Authorizes appropriations. Authorizes the Secretary of the Treasury to provide for the sale of bronze duplicates of the medal.
United States · United States Congress · 8 September 1995
Amends the Federal Judgeship Act of 1990 to provide that the first vacancy in the office of district judge in each of specified judicial districts occurring five years or more after the date on which the first appointment of a judge to that office is confirmed by the Senate (currently, after the effective date of such Act) shall not be filled.
United States · United States Congress · 6 September 1995
Expresses the sense of the Congress that the President and the Congress should adopt a Peace Through Strength Strategy for the post-Cold War era, based on the following general principles and goals: (1) the United States must accept and maintain global leadership through a clear and consistent articulation of vital U.S. national interests and goals; (2) the United States must maintain highly trained, well-equipped, combat-ready military forces and the national will to prevail in any conflict; (3) U.S. interests are promoted through participation in global and regional political, military, and economic organizations, treaties, and alliances, but the United States must retain its sovereignty and reserve the right to act unilaterally; (4) national wealth and economic strength are the foundation of all forms of power; (5) the economic vitality of the United States rests not only on free market competitiveness but also on responsible financial management; (6) the United States must expand effective human and technical intelligence capabilities to anticipate, detect, and respond to emerging threats; (7) the United States will act to lessen, prevent, and eliminate security threats, including those posed by the proliferation of weapons of mass destruction and of high technology conventional arms, terrorism, drug trafficking, and disruption of access to vital resources; (8) national security policy must be explained to the public in the clear context of national interests and a realistic strategy for protecting those interests; (9) the United States must maintain a strong technological and industrial base with a skilled workforce to support superior U.S. global economic competitiveness and military preparedness; and (10) the United States must systematically and sharply reduce its dependence on imported oil.
United States · United States Congress · 4 August 1995
TABLE OF CONTENTS: Title I: Deterrence of Illegal Immigration Through Improved Border Enforcement, Pilot Programs, and Interior Enforcement Subtitle A: Improved Enforcement at Border Subtitle B: Pilot Programs Subtitle C: Interior Enforcement Title II: Enhanced Enforcement and Penalties Against Alien Smuggling; Document Fraud Subtitle A: Enhanced Enforcement and Penalties Against Alien Smuggling Subtitle B: Deterrence of Document Fraud Subtitle C: Asset Forfeiture for Passport and Visa Offenses Title III: Inspection, Apprehension, Detention, Adjudication, and Removal of Inadmissible and Deportable Aliens Subtitle A: Revision of Procedures for Removal of Aliens Subtitle B: Removal of Alien Terrorists Subtitle C: Deterring Transportation of Unlawful Aliens to the United States Subtitle D: Additional Provisions Title IV: Enforcement of Restrictions Against Employment Title V: Reform of Legal Immigration System Subtitle A: Worldwide Numerical Limits Subtitle B: Changes in Preference System Subtitle C: Refugees, Asylees, Parole, and Humanitarian Admissions Subtitle D: General Effective Date; Transition Provisions Title VI: Restrictions on Benefits for Aliens Subtitle A: Eligibility of Illegal Aliens for Public Benefits Subtitle B: Expansion of Disqualification from Immigration Benefits on the Basis of Public Charge Subtitle C: Attribution of Income and Affidavits of Support Title VII: Facilitation of Legal Entry Title VIII: Miscellaneous Provisions Immigration in the National Interest Act of 1995 - Title I: Deterrence of Illegal Immigration Through Improved Border Enforcement, Pilot Programs, and Interior Enforcement - Subtitle A: Improved Border Enforcement - Increases: (1) the Border Patrol; and (2) Immigration and Naturalization Service (INS) border enforcement and related personnel. (Sec. 102) Provides for barrier and road improvements at U.S. border areas of high illegal entry, including San Diego, California. Authorizes appropriations for San Diego area improvements. (Sec. 103) Provides for improved border equipment and technology. (Sec. 104) Provides for biometric identifiers to be included in border crossing identification cards. (Sec. 105) Establishes civil penalties for illegal U.S. entry. (Sec. 106) Authorizes appropriations for detention and prosecution of aliens who have unlawfully entered the United States at least twice. (Sec. 107) Provides for inservice Border Patrol training. Authorizes appropriations. Subtitle B: Pilot Programs - Establishes pilot programs for: (1) deterrence of multiple unauthorized U.S. entries, which may include interior or third party repatriation; (2) use of closed military bases as INS detention centers; and (3) collection of alien departure records. Subtitle C: Interior Enforcement - Provides for increased INS interior investigative and enforcement personnel. Title II: Enhanced Enforcement and Penalties Against Alien Smuggling; Document Fraud - Subtitle A: Enhanced Enforcement and Penalties Against Alien Smuggling - Amends Federal criminal law to: (1) authorize wiretaps in alien smuggling investigations; and (2) include alien smuggling within racketeering offenses. (Sec. 203) Amends the Immigration and Nationality Act (Act) to revise and increase criminal penalties for alien smuggling. (Sec. 204) Increases the number of Assistant United States Attorneys and provides for their assignment to criminal matters involving illegal aliens. (Sec. 205) Authorizes and provides for INS undercover investigations. Subtitle B: Deterrence of Document Fraud - Amends Federal criminal law and the Act to increase and establish criminal and civil penalties for specified immigration related document fraud offenses, including false citizenship claims. Subtitle C: Asset Forfeiture for Passport and Visa Offenses - Amends Federal criminal law to provide for asset forfeiture for passport and visa offenses. Title III: Inspection, Apprehension, Detention, Adjudication, and Removal of Inadmissible and Deportable Aliens - Subtitle A: Revision of Procedures for Removal of Aliens - Amends the Act to revise alien removal and penalty provisions. (Sec. 309) Sets forth transition provisions with respect to: (1) the Attorney General's option to apply current or revised procedures; (2) judicial review; (3) suspension of deportation; and (4) certain family unity aliens. Subtitle B: Removal of Alien Terrorists - Part 1: Removal Procedures for Alien Terrorists - Amends the Act to establish a special removal procedure for alien terrorists, including establishment of a special removal court and a panel of special attorneys with access to classified information. (Sec. 322) Authorizes additional appropriations for INS detention and removal of alien terrorists. Part 2: Inadmissibility and Denial of Relief for Alien Terrorists - Amends the Act to make membership in a terrorist organization grounds for U.S. exclusion. (Sec. 332) Denies alien terrorists status adjustment and deportation relief. Subtitle C: Deterring Transportation of Unlawful Aliens to the United States - Amends the Act with regard to vessel and aircraft transportation of illegal aliens into the United States. Subtitle D: Additional Provisions - Authorizes Federal retirees to be used in the Institutional Hearing Program. (Sec. 358) Authorizes additional appropriations to the Attorney General for removing inadmissible or deportable aliens. (Sec. 359) Establishes in the Treasury an Immigration Enforcement Account. (Sec. 360) Declares that Congress advises the President to negotiate prisoner transfer treaties, which may include compensation provisions. (Sec. 361) Amends the Violent Crime Control and Law Enforcement Act of 1994 to direct INS to operate a criminal alien identification system. (Sec 363) Authorizes special registration of aliens on criminal probation or parole. Title IV: Enforcement of Restrictions Against Employment - Increases full-time employee positions in: (1) the Investigations Division of INS; and (2) the Wage and Hour Division of the Employment Standards Administration of the Department of Labor. (Sec. 403) Amends the Act to revise the employer sanctions program. Provides for an employment eligibility confirmation mechanism. Title V: Reform of Legal Immigration System - Amends the Act to restructure current legal immigration categories and levels into the following: (1) family-sponsored immigrants; (2) employment-based immigrants; and (3) humanitarian immigrants. Subtitle A: Worldwide Numerical Limits - Amends the Act to establish fiscal year worldwide limits for such immigrant categories. (Sec. 504) Requires periodic congressional review and reauthorization of worldwide immigration levels. Subtitle B: Changes in Preference System - Amends the Act to limit immediate relatives to spouses and children of U.S. citizens. (Sec. 512) Limits preference allocation for family-sponsored immigrants to: (1) spouses and children of lawful permanent resident aliens; and (2) qualifying parents of U.S. citizens. Requires parents to have adequate health coverage. (Sec. 513) Revises preference allocations for employment-based immigrants. Establishes: (1) a pilot program for smaller alien job creation investors; and (2) conditional permanent resident status for certain foreign language teachers. (Sec. 515) Revises special immigrant status provisions, including: (1) inclusion of certain NATO civilian employees; and (2) extension of status for religious workers. (Sec. 517) Makes specified family and employment-based amendments. Subtitle C: Refugees, Asylees, Parole, and Humanitarian Admissions - Amends the Act to limit annual refugee admissions to 75,000 in FY 1997 or 50,000 in succeeding years unless the Congress provides for additional entries. (Sec. 523) Authorizes the temporary employment of certain retirees to help reduce asylum application backlogs. (Sec. 524) Limits parole entry to a case-by-case basis for humanitarian or significant public benefit reasons. (Sec. 525) Provides for the admission of humanitarian immigrants. (Sec. 526) Revises asylum provisions. Subtitle D: General Effective Date; Transition Provisions - Sets forth transition provisions for specified classification status petitions. Title VI: Restrictions on Benefits for Aliens - Subtitle A: Eligibility of Illegal Aliens for Public Benefits - Part 1: Public Benefits Generally - Makes illegal aliens ineligible for unemployment benefits and Federal and State assistance, contracts, and licenses, with exceptions for emergency medical services, public health immunizations, and short-term emergency disaster relief. Requires proof of identify for Federal contracts, grants, loans, licenses, and specified public assistance programs. Authorizes States to establish similar requirements. (Sec. 605) Requires the Secretary of Housing and Urban Development to report on the disqualification of illegal aliens from housing assistance programs. Part 2: Earned Income Credit - Amends the Internal Revenue Code to deny the earned income tax credit to individuals not authorized to work in the United States. Subtitle B: Expansion of Disqualification from Immigration Benefits on the Basis of Public Charge - Amends the Act to revise public charge grounds for inadmissibility and deportability. Subtitle C: Attribution of Income and Affidavits of Support - Attributes a sponsor's income and resources to a family-sponsored immigrant for purposes of eligibility for Federal means-tested public benefits programs. (Sec. 632) Amends the Act to set forth sponsor affidavit of support requirements. Title VII: Facilitation of Legal Entry - Provides for: (1) increased numbers of land border inspectors; and (2) border infrastructure improvements. (Sec. 703) Amends the Act to provide for: (1) preinspection at specified foreign airports; and (2) training of airline personnel in fraudulent document detection. Establishes a carrier consultant program. Title VIII: Miscellaneous Provisions - Amends the Act, as amended by the Immigration and Nationality Technical Corrections Act of 1994 to revise the definition of "aggravated felony." Amends the Act with regard to: (1) definitions of "child" and "parent"; (2) visa processing procedure; (3) waiver authority concerning notice of visa application denial; (4) Canadian landed immigrants; (5) H-1B nonimmigrants; (6) visa extensions; (7) status adjustment; (8) access to certain confidential INS files; (9) nonimmigrant status for spouses and children of members of the armed forces; (10) fraudulent birth certificates; (11) visa "shopping"; and (12) specified miscellaneous and technical provisions.
United States · United States Congress · 4 August 1995
Prior Domestic Commercial Use Act of 1995 - Amends the Federal judicial code to create a defense to patent infringement with respect to any subject matter the manufacture, use, sale, offer for sale, or importation of which in the United States would otherwise infringe one or more claims in the patent being asserted, if a person had, acting in good faith, commercially used the subject matter before the effective filing date of such patent. Specifies that the sale or other disposition of the subject matter of a patent by a person entitled to assert the defense shall exhaust the patent owner's rights to the extent they would have been exhausted had such disposition been made by the patent owner. Subjects the defense to specified limitations and qualifications regarding: (1) the scope of the defense (the defense is not a general license under all claims of the patent at issue but extends only to the subject matter claimed in the patent that the person asserting the defense had commercially used before the effective filing date of the patent, with exceptions); (2) effective and serious preparation; (3) burden of proof (on the person asserting the defense); (4) abandonment of use; (5) who may assert the defense (it is a personal defense); (6) a one-year limitation (the subject matter on which the defense is based must have been commercially used or reduced to practice more than one year prior to the effective filing date of the patent); (7) unsuccessful assertion of the defense (directs the court to find the case exceptional for purposes of awarding attorney's fees); and (8) invalidity of a patent (a patent shall not be deemed invalid solely because a defense is raised or established under this Act).
United States · United States Congress · 4 August 1995
Continues existing average fuel economy standards for passenger and non-passenger automobiles until such standards are specifically amended or changed by law.
United States · United States Congress · 3 August 1995
Family Business Protection Act of 1995 - Amends the Internal Revenue Code to exclude from the gross estate, for estate tax purposes, specified portions of the adjusted value of the qualified family-owned business interests of the decedent.
United States · United States Congress · 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 · 25 July 1995
Outer Continental Shelf Deep Water Royalty Relief Act - Amends the Outer Continental Shelf Lands Act to authorize the Secretary of the Interior to reduce or eliminate any royalty or net profit share set forth in existing leases, before commencement of production, for oil or gas resources in deep water on the Outer Continental Shelf in the Gulf of Mexico. Declares that no royalty payments shall be due on new production from any lease or unit located in specified water depths in the Western and Central Planning Areas of the Gulf until certain volumes of oil equivalent are produced. Suspends royalties for a five-year period for new leases in specified water depths in the Gulf.
United States · United States Congress · 13 July 1995
George Washington Commemorative Coin Act of 1995 - Requires the Secretary of Treasury to mint and issue five-dollar gold coins emblematic of George Washington. Mandates that the design for the coins be: (1) selected by the Secretary after consultation with the Mount Vernon Ladies' Association and the Commission of Fine Arts; and (2) reviewed by the Citizens Commemorative Coin Advisory Committee. Provides for the distribution of coin sale surcharges to the Mount Vernon Ladies' Association.
United States · United States Congress · 11 July 1995
Encourages and authorizes the States to study and to adopt interstate insurance regulatory compacts to address regulatory issues, such as the regulation of non-U.S. insurers, insurer solvency, rehabilitation and liquidation, guaranty fund protection, and insurance agent licensing.
United States · United States Congress · 30 June 1995
TABLE OF CONTENTS: Title I: Criminal Law Title II: Judicial Financial Administration Title III: Judicial Process Improvements Title IV: Judiciary Personnel Administration, Benefits, and Protections Title V: Federal Courts Study Committee Recommendations Title VI: Criminal Justice Act Amendments Title VII: Places of Holding Court Title VIII: Miscellaneous Federal Courts Improvement Act of 1995 - Title I: Criminal Law - Amends the Federal criminal code to authorize probation and pretrial services officers, if approved by the district court, to carry firearms under such rules as the Director of the Administrative Office of the United States Courts may prescribe. (Sec. 102) Authorizes the court to direct the U.S. marshal to arrange or furnish: (1) transportation expenses to enable a defendant who is financially unable to provide transportation to consult with an attorney or to return to the place of arrest or bona fide residence; and (2) lodging expenses during the defendant's travel to his or her destination during any proceedings at which an appearance is required or while consulting with counsel. (Sec. 103) Amends the Contract Services for Drug Dependent Federal Offenders Treatment Act of 1978 to reauthorize appropriations. Title II: Judicial Financial Administration - Amends the Federal judicial code to provide that in FY 1995 and each fiscal year thereafter a specified amount shall be transferred annually to the judiciary into a special fund of the Treasury (special fund) for specified expenses incurred in: (1) adjudication of civil and criminal forfeiture proceedings; (2) representation of offenders whose assets have been seized in forfeiture proceedings; and (3) supervision by U.S. probation officers of offenders under home detention or other forms of confinement outside of Bureau of Prisons facilities. (Sec. 202) Increases: (1) the fee for filing a civil action; and (2) the amount taken from such fees, or as part of a judgment for costs, to be deposited into the special fund. (Sec. 203) Provides that: (1) for FY 1995 and thereafter, of each fee collected for admission of an attorney to practice, $30 of that portion of the fee exceeding $20 shall be deposited into the special fund; and (2) any portion exceeding five dollars of the fee for a duplicate certificate of admission or certificate of good standing shall be deposited into the special fund. (Sec. 204) Directs that, upon an election by a bankruptcy judge or magistrate judge, all of the accrued employer contributions and accrued interest on those contributions made on behalf of the bankruptcy judge or magistrate judge to the Civil Service Retirement and Disability Fund shall be transferred to the special fund, with exceptions. (Sec. 205) Sets forth provisions regarding: (1) the use of unclaimed funds deposited in court; and (2) interpreter performance examination fees. Title III: Judicial Process Improvements - Amends the Federal judicial code to expand the duties of a magistrate on an emergency assignment. (Sec. 302) Authorizes: (1) only a person charged with a misdemeanor that is not a petty offense to elect to be tried before a judge of the district court for the district in which the offense was committed; and (2) the magistrate judge, in a petty offense case involving a juvenile, to exercise powers granted to the district court. Prohibits a magistrate judge from proceeding to try a case unless specified conditions are met. (Sec. 303) Sets forth provisions regarding: (1) removal of cases under the Employee Retirement Income Security Act; (2) elimination of in-State plaintiff diversity jurisdiction; and (3) extension of statutory authority for magistrate judge positions to be established in the district courts of Guam and the Northern Mariana Islands. (Sec. 306) Repeals a provision authorizing any civil action, not of a local nature, against defendants residing in different districts in the same State to be brought in any of such districts. (Sec. 307) Specifies that a judgment in an action for the recovery of money or property entered in any court of appeals, bankruptcy court, or in the Court of International Trade, as well as any district court, may be registered by filing a certified copy of the judgment, subject to specified requirements. (Sec. 308) Provides that: (1) when the office of clerk of court is vacant, the deputy clerks shall perform the duties of the clerk in the name of the last person who held that office; and (2) when the clerk is incapacitated, absent, or otherwise unavailable to perform official duties, the deputy clerks shall perform such duties. Authorizes the court to designate a deputy clerk to act temporarily as clerk of the court. Repeals a provision allowing the compensation of a deceased Supreme Court clerk to be paid to his personal representatives until his successor is appointed and qualifies. (Sec. 309) Increases the threshold amount in controversy (from $50,000 to $75,000) to qualify for diversity of citizenship jurisdiction. Provides for annual increases in that amount based on the percent change in the Consumer Price Index, effective January 1, 2000. Title IV: Judiciary Personnel Administration, Benefits, and Protections - Amends Federal judicial retirement provisions to list age and service requirements for retaining office but retiring from regular active service for persons age 60 through 64. (Sec. 402) Authorizes: (1) retroactive credit for resumption of a significant workload by a judge under specified circumstances; and (2) aggregation by a justice or judge for partial years worked. (Sec. 403) Revises provisions regarding: (1) the contribution rate for senior judges under the judicial survivors' annuities system; (2) the refund of contributions for deceased deferred annuitants under the judicial survivors' annuities system; (3) disability retirement and cost-of-living adjustments of annuities for territorial judges; (4) Federal Judicial Center personnel compensation; and (5) creditable service for judicial administrative officials' retirement. (Sec. 408) Amends the Bankruptcy Amendments and Federal Judgeship Act of 1984 to provide that: (1) when filling vacancies, the court of appeals may consider reappointing incumbent bankruptcy judges under specified procedures; and (2) all incumbent nominees seeking reappointment may be considered for such a reappointment, pursuant to a majority vote of the judges of the appointing court of appeals under such procedures. (Sec. 409) Authorizes judicial officers of the United States to carry firearms under regulations promulgated by the Judicial Conference. Grants immunity to any such officer who possesses or uses a firearm carried under the authority of this section and such regulations from any civil suit arising out of such possession or usage to the maximum extent provided by common law. (Sec. 410) Provides that the first vacancy in the office of district judge in each of specified judicial districts occurring five years or more after the confirmation date of the judge named to fill a temporary judgeship created by this Act, shall not be filled. (Sec. 411) Amends the Federal judicial code to consider a court reporter to be a full-time employee during any pay period for which the reporter receives a salary at the annual salary rate fixed for a full-time reporter. (Sec. 412) Repeals a provision barring from jury service members of fire and police departments and public officers actively engaged in the performance of official duties. (Sec. 413) Expands workers' compensation coverage for jurors to cover traveling to or from the courthouse pursuant to a jury summons or sequestration order, or as otherwise necessitated by court order. (Sec. 414) Authorizes: (1) the Director of the Administrative Office to pay a claim by a person summoned to serve or serving as a grand juror or petit juror for loss of, or damage to, personal property that occurs incident to that person's performance of duties; and (2) the presiding judicial officer to appoint a certified or otherwise qualified sign language interpreter to provide services to a participant in a judicial proceeding upon determining that such participant suffers from a hearing impairment. (Sec. 416) Includes the Northern Mariana Islands within the ninth judicial circuit. (Sec. 417) Makes provisions regarding annual and sick leave of Federal employees applicable to positions in the judicial branch designated as court unit executive positions by the Judicial Conference. Title V: Federal Courts Study Committee Recommendations - Amends the Federal judicial code to revise bankruptcy provisions to allow a bankruptcy judge to hear a proceeding that is not a core proceeding but that is otherwise related to a case under title 11. Directs the bankruptcy judge, in such proceeding, to submit proposed findings of fact and conclusions of law to the district court. Directs that any final order or judgment be entered by the district judge after considering the bankruptcy judge's proposed findings and conclusions and after reviewing de novo those matters to which any party has timely and specifically objected. Specifies that: (1) a party shall be deemed to consent to the findings of fact and conclusions of law submitted by a bankruptcy judge unless the party files a timely objection; and (2) if a timely objection is not filed, the proposed findings of fact and conclusions of law submitted by the bankruptcy judge shall become final and the bankruptcy judge shall enter an appropriate order thereon. (Sec. 502) Amends the National Labor Relations Act to authorize the National Labor Relations Board, if any person violates a final order issued by the Board with respect to an unfair labor practice, to petition any U.S. district court in which the practice occurred, or in which such person resides or transacts business, for imposition of a monetary penalty not to exceed $5,000 for each day such person violates the order. Grants the district courts jurisdiction to impose such penalty. (Sec. 503) Amends the Federal judicial code to require the chief judge of the Court of International Trade to be the judge of the court in regular active service who is senior in commission of those judges who: (1) are 64 years of age or under; (2) have served for one year or more as a judge of the court; and (3) have not served previously as chief judge. Sets forth provisions regarding the precedence of judges in acting as chief judge. Title VI: Criminal Justice Act Amendments - Amends the Federal criminal code to require that a Federal defender organization be established for any district, part of a district, or combination of districts where the Judicial Conference determines that: (1) such an organization would be cost effective; or (2) the interests of effective representation otherwise require establishment of such an organization. Authorizes two adjacent districts or parts of districts to establish a defender organization to serve both areas. (Sec. 602) Permits the plan for any district which has not established a Federal defender organization to provide for the establishment of a panel attorney support office to assist the court in managing the panel of attorneys who provide representation pursuant to such plan. Requires such office to provide advice to appointed counsel, maintain a list of members of the panel, review vouchers for compensation prior to submission to judicial officers for approval, coordinate training of members of the panel, and perform any other duties in administering the plan for the district which the court may delegate. Requires the district court to appoint an administrator to direct such office. Specifies that: (1) the Administrator may be employed on a part-time or full-time basis and may appoint such number of employees as may be approved by the Director of the Administrative Office; and (2) such employees shall be subject to removal by the Administrator. (Sec. 603) Provides for the Judicial Conference to determine: (1) compensation for attorneys appointed by the court; and (2) maximum amounts of compensation for services other than counsel. (Sec. 605) Specifies that the services of paralegals and qualified law students shall be compensated or reimbursed at hourly rates established by the Judicial Conference. (Sec. 606) Amends the Federal judicial code to make provisions of the Tort Claims Act applicable to any claim for money damages for injury, loss of liberty, loss of property, or personal injury or death arising from malpractice or negligence of an officer or employee of a Federal Public Defender Organization in furnishing representational services. Title VII: Places of Holding Court - Amends the Federal judicial code to: (1) direct that court for the Southern District of New York be held at New York and White Plains (as under current law) and in the Middletown-Wallkill area of Orange County or in an appropriate nearby location and that court for the Sherman Division of the Eastern District of Texas be held at Sherman (as under current law) and Plano; and (2) authorize the Texarkana Divisions of the Western Division of Arkansas and the Eastern Division of Texas to be held anywhere within the Federal courthouse in Texarkana that is located astride the Texas-Arkansas State line. Title VIII: Miscellaneous - Makes technical amendments relating to: (1) the selection of district judges to attend the annual judicial conference; (2) the Director and Deputy Director of the Administrative Office as Federal officers; (3) the filing of a notice of removal of a criminal proceeding from a State court; and (4) Federal Judicial Center retirement provisions.
United States · United States Congress · 30 June 1995
Independent Contractor Tax Simplification Act of 1995 - Amends the Internal Revenue Code to provide that, for purposes of determining the employment status of individuals as employees, a service provider shall not be treated as an employee, a service recipient shall not be treated as an employer, and a payor shall not be treated as an employer if: (1) a service provider has a significant investment in assets and training, incurs significant unreimbursed expenses, agrees to perform the service for a specified amount of time or to complete a specific result and is responsible for damages for early termination without cause, receives payment primarily on a commission basis, or has purchased resale products; (2) the service provider has a principal place of business, does not primarily provide service in the service recipient's place of business, or pays a fair market rent for use of the recipient's place of business or does not have to perform service only for the service recipient and, in the current year or in the proceeding or subsequent years, has performed or has offered to perform a significant amount of service for other persons; and (3) the services by an individual are performed according to a written contract between the service recipient or payor which provides that the individual will not be treated as an employee.
United States · United States Congress · 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 · 20 June 1995
Amends the Immigration and Nationality Act to give visa priority to the unmarried sons and daughters of citizens over unmarried sons and daughters of permanent residents.
United States · United States Congress · 16 June 1995
TABLE OF CONTENTS: Title I: Emergency Relief for Areas with Substantial Need for Services Title II: Care Grant Program Title III: Early Intervention Services Title IV: General Provisions Title V: Additional Provisions Title VI: Effective Date Ryan White CARE Act Amendments of 1995 - Title I: Emergency Relief for Areas with Substantial Need for Services - Amends provisions of the Public Health Service Act relating to formula grants for emergency relief for areas with a substantial need for acquired immune deficiency syndrome (AIDS) services (emergency relief grants) to modify or create: (1) the criteria for determining which geographic areas are eligible; (2) the representation mandated on and the duties of the HIV (human immunodeficiency virus) services planning council in areas receiving grants; (3) grant distribution time limits; (4) limits on reductions in grants; (5) requirements regarding supplemental grants; (6) a requirement that formula and supplemental grants be expended in accordance with priorities established by the area's council; (7) the primary purposes of the grants; (8) the entities eligible to receive financial assistance from grant funds (including allowing for-profit entities in certain circumstances); (9) a requirement to use a specified percentage of grant funds for services to infants, children, and women with HIV disease; (10) limitations on administrative expenditures; and (11) application requirements (including allowing a single application for both formula and supplemental grants). Authorizes planning grants to assist an area that is projected to be eligible for a formula grant in the subsequent fiscal year in preparing for its responsibilities under the grant. Title II: Care Grant Program - Changes or adds provisions concerning a program of grants for health care and support services for individuals and families with HIV disease (care grant program) relating to: (1) the uses of the grants; (2) grants to establish HIV care consortia (including allowing grants to for-profit providers in certain circumstances); (3) application requirements; (4) State allocation of assistance; and (5) technical assistance. Title III: Early Intervention Services - Amends provisions relating to early intervention services to alter or establish provisions relating to: (1) the uses of categorical grants; and (2) making for-profit entities eligible. Authorizes early intervention services planning grants. Modifies application requirements. Authorizes appropriations for categorical grants. Title IV: General Provisions - Replaces provisions authorizing demonstration grants for research and services for pediatric HIV disease patients and pregnant women with HIV disease with provisions authorizing grants providing women, infants, and children: (1) opportunities to participate as subjects in research of potential clinical benefit regarding HIV disease; and (2) outpatient health care. Authorizes the use of limited funds for training and technical assistance. Authorizes appropriations. Mandates grants for demonstration projects that provide for the care and treatment of individuals with HIV disease that assess treatment model effectiveness, are innovative, and have the potential to be replicated locally or nationally. Requires reserving a specified percentage of the amounts available under title XXVI (HIV Health Care Services Program) of the Public Health Service Act for grants under this paragraph. Removes existing provisions relating to special projects of national significance. Transfers provisions (currently located in title VII (Health Professions Education) of the Public Health Service Act) authorizing grants and contracts to assist in training health care practitioners regarding HIV disease to such title XXVI. Modifies the projects for which the assistance may be used. Authorizes appropriations. Replaces an authorization of appropriations for carrying out provisions on evaluations and reports regarding title XXVI with provisions requiring that those evaluation and reporting provisions be carried out with amounts available under evaluation and reporting provisions of title II (Administration and Miscellaneous Provisions) of the Public Health Service Act. Title V: Additional Provisions - Modifies the formulas for determination of the amount of emergency relief grants and care grants. Authorizes appropriations to carry out the emergency relief grant program and the care grant program. Mandates development of a methodology for adjusting the percentages made available to each of those two programs. Repeals existing provisions authorizing appropriations separately for the two programs. Title VI: Effective Date - Sets forth the effective date for this Act.
United States · United States Congress · 15 June 1995
Makes technical corrections to the Satellite Home Viewer Act of 1994 and other provisions of Federal copyright law relating to subscriber charges, royalty fees, jukebox licenses arbitration, registration and infringement actions, Copyright Office fees, and copyright arbitration royalty panels.
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 · 8 June 1995
Amends the Federal Food, Drug, and Cosmetic Act to repeal the saccharin notice requirement for products that contain saccharin that are not for immediate consumption.
United States · United States Congress · 7 June 1995
Black Revolutionary War Patriots Commemorative Coin Act - Directs the Secretary of the Treasury to mint and issue one-dollar silver coins emblematic of the Black Revolutionary War Patriots Memorial in Washington, D.C. Directs that coin sale surcharges be paid to the Black Revolutionary War Patriots Foundation for raising an endowment to support construction of the Memorial.
United States · United States Congress · 6 June 1995
Federally Supported Health Centers Assistance Act of 1995 - Amends the Public Health Service Act to remove provisions ending, on a specified date, the application of provisions: (1) deeming health care practitioner officers, employees, or contractors of certain entities (migrant and community health centers and grant recipients for health services to the homeless and to residents of public housing) to be employees of the Public Health Service (PHS); and (2) making a malpractice action against the United States the sole remedy against such practitioners. Adds governing board members to the list of practitioners deemed to be PHS employees. Allows, in certain circumstances, deeming the practitioners to be PHS employees while treating individuals who are not patients of such entities. Requires approval of an application for the deeming. Sets forth an application process. Directs the Attorney General to appear in State court actions to advise the court whether an officer, governing board member, employee, or contractor has been deemed to be an employee of the Public Health Service. Provides for the application of coverage to managed care plans. Revises the requirements: (1) to be considered a contractor of such an entity; and (2) of due process regarding exclusion of specific individuals from coverage. Reduces the maximum limit on the fund set up to cover annual estimated claims.
United States · United States Congress · 6 June 1995
Advanced Medical Devices Access Assurance Act of 1995 - Permits coverage under the Medicare program of items and services associated with the use of a medical device in the furnishing of inpatient hospital services, even if the device is not approved, as long as it is an investigational device used instead of an approved device. States that a payment made under the Medicare program for any such item or service may not exceed the amount which would have been paid if the item or service were associated with the use of an approved device.
United States · United States Congress · 25 May 1995
TABLE OF CONTENTS: Title I: Reauthorization of the National Film Preservation Board Title II: National Film Preservation Foundation Act Title I: Reauthorization of the National Film Preservation Board - National Film Preservation Act of 1995 - Reauthorizes the National Film Preservation Board. (Sec. 102) Directs the Librarian of Congress to continue the National Film Registry, established and maintained under the National Film Preservation Act of 1988 and the National Film Preservation Act of 1992, pursuant to the provisions of this title, to maintain and preserve films that are culturally, historically, or aesthetically significant. (Sec. 103) Sets forth duties and powers of the Librarian under this title, including publication in the Federal Register of each film selected for inclusion in the Registry and use of a seal on copies of such films. (Sec. 104) Sets forth requirements for the National Film Preservation Board, including selection of members by the Librarian. (Sec. 105) Sets forth Board responsibilities and powers, including consideration of film nominations by the general public, as well as by representatives of specified types of film industry, preservation, and academic groups. (Sec. 106) Sets forth requirements relating to the National Film Registry Collection of the Library of Congress, including acquisition of archival quality copies and additional materials. (Sec. 107) Sets forth requirements and prohibitions relating to the use of the seal of the National Film Registry, as well as remedies of violations and limitations of such remedies. (Sec. 110) Sets forth the Librarian's authority with respect to Board staff and experts and consultants. (Sec. 112) Authorizes appropriations. (Sec. 113) Makes this title effective for ten years beginning on the enactment date of this Act. (Sec. 114) Repeals the National Film Preservation Act of 1992. Title II: National Film Preservation Foundation Act - National Film Preservation Foundation Act - Establishes the National Film Preservation Foundation, as a charitable and nonprofit corporation and neither an agency nor an establishment of the United States. (Sec. 203) Sets forth requirements relating to the Foundation's Board of Directors. Makes the Librarian of Congress an ex officio non-voting member of the Board, who shall appoint the Board's initial Chair. (Sec. 204) Sets forth the Foundation's rights and obligations. (Sec. 205) Authorizes the Librarian to: (1) provide, and accept reimbursement for, administrative services and support to the Foundation; and (2) accept services of the Foundation, the Board, and other Board officers and employees as volunteers. (Sec. 207) Sets forth provisions relating to audits, reports, Attorney General petitions for relief for certain Foundation acts or failure to act, and release of the United States from any liability for the Foundation. (Sec. 209) Authorizes appropriations to the Foundation in limited amounts to match private contributions.
United States · United States Congress · 25 May 1995
Patent Application Publication Act of 1995 - Requires each patent application, except applications for design patents and provisional applications, to be published as soon as possible after 18 months from the earliest filing date for which a benefit is sought, except for an application that is no longer pending or one subject to a secrecy order. Permits earlier publication at the applicant's request. Prohibits disclosure of information concerning published applications except as determined by the Commissioner of Patents. Prohibits, upon request by certain independent inventors, the publication of rejected applications, with specified exceptions, until three months after the Commissioner notifies the applicant. Requires the applicant to certify that no application was or will be filed for the invention in a foreign country. Entitles a patent application to claim the benefit of an earlier filing date in a foreign country if a claim therefor and a certified copy of the original foreign application, specification, and drawings upon which it is based are filed in the Patent and Trademark Office (PTO) at any such time during the pendency of the application as is required by the Commissioner. Allows the Commissioner to consider the failure of the applicant to file a timely claim for priority as a waiver of any such claim. Authorizes the Commissioner to determine the time period within which an amendment containing the specific reference to an earlier filed application shall be submitted. Specifies that a patent shall include the right to obtain a reasonable royalty from any person who, during the period from publication of the application until issue of the patent: (1) makes, uses, or sells in the United States the invention as claimed in the published application or imports such an invention into the United States, or if the invention as claimed in the published application is a process, uses or sells in or imports into the United States products made by that process as claimed in such application; and (2) had actual notice or knowledge of the published patent application. Makes the right to obtain a reasonable royalty unavailable unless the invention claimed in the patent is identical to that claimed in the published application. Specifies the commencement date of the period for obtaining a royalty based upon the international publication of an international application designating the United States. Revises Federal patent law to provide that a person shall not be entitled to a patent if the invention was described in a published patent application by another filed in the United States, or in a published international application, before the invention thereof by the applicant. Directs the Commissioner to recover the cost of early publication by adjusting the filing, issue, and maintenance fees by charging a separate publication fee, or by any combination of such fees. Provides for the extension of the term of a patent the issue which is delayed due to an unusual administrative delay by the PTO. Limits the total duration of all extensions to ten years. Reduces the extension period equal to the time during the processing or examination of the application leading to the patent in which the applicant failed to engage in reasonable efforts (current law provides a reduction for lack of due diligence) to conclude processing or examination of the application. Prohibits the extension of a patent the term of which has been disclaimed beyond the expiration date of the disclaimer.
United States · United States Congress · 25 May 1995
Patent Reexamination Reform Act of 1995 - Amends Federal patent law to expand reexamination request authority to authorize the filing of such requests by any person on the basis of patent specification requirements except for the best mode requirement. (Current law permits reexamination requests only on the basis of prior art.) Establishes procedures for reexamination proceedings based upon third-party (persons who are not the patent owner) requests. Requires documents filed in such proceedings, other than the request, to be served on all parties. Authorizes third-party requesters to file written comments not less than one month from the date of service of the patent owner's response to any Patent and Trademark Office action on the merits of reexamination. Grants third-party requesters the right to appeal final reexamination decisions on the same basis such right is available to patent owners. Estops a third-party requester who files a notice of appeal or who participates as a party to an appeal from later asserting the invalidity of any claim determined to be patentable on appeal on any ground which was or could have been raised during reexamination. Bars patent owners and third-party requesters, once an order for reexamination has been issued, from filing a subsequent reexamination request until a reexamination certificate is published. Prohibits a party, once a final decision has been entered in a civil action that the party has not sustained the burden of proving the invalidity of a patent claim, from requesting reexamination on issues that were or could have been raised in the civil action. Requires the Board of Patent Appeals and Interferences to review adverse decisions of examiners in reexamination proceedings and authorizes appeals to the Board by patent owners and third-party requesters with respect to reexamination decisions. Permits appeals of Board decisions to the U.S. Court of Appeals for the Federal Circuit.
United States · United States Congress · 25 May 1995
National Spaceport Act - Establishes in the Department of Transportation a National Spaceport Office to administer a grant program of State-run spaceports. Amends the Internal Revenue Code to provide tax-exempt bond financing for spaceports. Authorizes appropriations. Terminates the Office on October 1, 2000.
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
TABLE OF CONTENTS: Title I: Patent and Trademark Office Title II: Effective Date; Technical Amendments Patent and Trademark Office Corporation Act of 1995 - Title I: Patent and Trademark Office - Reestablishes the Patent and Trademark Office as a wholly owned Government corporation. Requires the Office to maintain an office in the District of Columbia metropolitan area. Authorizes the Office to retain and use all of its revenues and receipts in carrying out its functions. (Sec. 103) Vests management of the Office in the Commissioner of Patents and Trademarks who shall be appointed by the President for a six-year term. Directs the Commissioner to designate a Deputy Commissioner for Patents, a Deputy Commissioner for Trademarks, and an Inspector General. Exempts the Office from any administratively or statutorily imposed limitation on positions or personnel. Provides that Office employees shall be subject to provisions governing Federal employees, with specified exceptions including provisions governing performance appraisal and General Schedule pay rates. (Sec. 104) Requires the Office to have a Management Advisory Board to review and report annually to the President and specified congressional committees on the Office's policies, goals, performance, budget, and user fees and to advise the Commissioner. (Sec. 105) Repeals provisions subjecting the Commissioner's performance to the direction or approval of the Secretary of Commerce. (Sec. 106) Revises the composition of the Trademark Trial and Appeal Board to include the Commissioner, the Deputy Commissioner for Patents, the Deputy Commissioner for Trademarks, and appointed members. (Sec. 107) Sets forth provisions regarding: (1) revised membership of the Board of Patent Appeals and Interferences; (2) suits by, and against, the Office; (3) annual report disclosure of the purposes for which receipts were spent; (4) the Commissioner's discretion to designate officers or employees of the Office to conduct hearings relating to suspension or exclusion from practice of certain individuals; (5) receipts, expenditures, and borrowing authority of the Office; (6) annual audit requirements; and (7) the transfer to the Office of Department of Commerce functions, powers, duties, funds (including residual and unappropriated balances within the Office's Surcharge Fund), and property related to the authority and functions which are vested in the Office by this Act. Title II: Effective Date; Technical Amendments - Makes this Act effective six months after its enactment. (Sec. 202) Makes technical and conforming amendments.
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 · 15 May 1995
Regulatory Accounting Act of 1995 - Directs the President, after providing notice and opportunity for comment, to prepare and submit to the Congress: (1) a biennial accounting statement, covering at least the five fiscal years beginning on the first day of the fiscal year in which the report is submitted, that estimates the costs of Federal regulatory programs and corresponding benefits as outlined by this Act; and (2) an associated report analyzing program impacts on small business, State and local governments' ability to provide essential services, and other appropriate factors. Directs the Director of the Office of Management and Budget to provide guidance to agencies to standardize measures of costs and benefits in such accounting statements as well as their format. Requires the Director of the Congressional Budget Office, after each accounting statement and associated report are submitted, to make recommendations to the President for improving such statements and reports.
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.
![Official portrait of Rep. Moorhead, Carlos J. [R-CA-22]](https://www.congress.gov/img/member/m000926_200.jpg)