United States · United States Congress · 7 January 1997
Breast Cancer Patient Protection Act of 1997 - Amends the Public Health Service Act to prohibit group health plans and health insurance issuers offering group health insurance coverage, with regard to hospital stays in connection with breast cancer treatment, from: (1) covering less than 48 hours after mastectomies or less than 24 hours after lymph node dissections; or (2) requiring plan or issuer authorization for prescribing any length of stay. Prohibits: (1) denying eligibility, enrollment, or renewal to avoid these requirements; (2) providing payments or rebates to women; or (3) penalizing or providing incentives to providers. Applies the same requirements to issuers in the individual market.
United States · United States Congress · 7 January 1997
Amends Federal law to exclude the Civil Service Retirement and Disability Fund from the Federal and congressional budgets, and exempt it from any general budget limitation imposed by statute on U.S. budget outlays and from certain orders issued under the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act).
United States · United States Congress · 7 January 1997
Constitutional Amendment - Prohibits outlays for a fiscal year (except those for repayment of debt principal) from exceeding total receipts (except those derived from borrowing) for that fiscal year unless the Congress, by a three-fifths roll call vote of each House, authorizes a specific excess of outlays over receipts. Requires a three-fifths roll call vote of each House to increase the public debt. Directs the President to submit a balanced budget to the Congress. Requires the approval of a majority of each House by roll call vote before any bill to increase revenue may become law. Authorizes the Congress to waive these provisions when: (1) a declaration of war is in effect; or (2) the United States is engaged in a military conflict which poses a threat to national security as declared by a joint resolution adopted by a majority of each House. Makes this article effective beginning with FY 2002 or with the second fiscal year beginning after its ratification, whichever is later.
United States · United States Congress · 23 September 1996
Commission on Chemical and Biological Warfare Agent Exposure Act - Establishes the Commission on Chemical and Biological Warfare Agent Exposure to investigate the presence of, and U.S. military personnel exposure to, chemical and biological warfare agents in the Persian Gulf theater during the Persian Gulf War. Requires a Commission report to the President and the Congress on investigation results and appropriate recommendations for changes in the recordkeeping, reporting, preparation, and training procedures of the Department of Defense with respect to such exposure in order to improve the safety and readiness of U.S. military personnel. Terminates the Commission 60 days after such report.
United States · United States Congress · 11 September 1996
Establishes in the House of Representatives the Select Committee to Investigate CIA Involvement in Crack Cocaine Sales to Fund Contras to investigate and report to the House regarding: (1) existence of Central Intelligence Agency (CIA) files on cocaine purchases and arms transfers to inner-city south central Los Angeles residents; (2) CIA employment of Danilo Blandon and Edwin Menenses as informants; (3) diversion or intended diversion of funds appropriated by the Congress for assistance to Nicaraguan contras or the sale of crack cocaine for such purposes; and (4) any other matters deemed appropriate or germane to either CIA involvement in unauthorized or illegal drug sales or the use of informants to provide information on sale of crack cocaine to such residents.
United States · United States Congress · 2 August 1996
Restores Federal armed forces provisions relating to the status of missing persons as in effect before amendments made by the National Defense Authorization Act for Fiscal Year 1997.
United States · United States Congress · 2 August 1996
Authorizes the President to award the Congressional Medal of Honor posthumously to Theodore Roosevelt for his actions in the attack of San Juan Heights, Cuba, during the Spanish-American War on July 1, 1898.
United States · United States Congress · 26 July 1996
Emergency Drought Relief Act of 1996 - Directs the Secretary of the Interior to provide emergency drought relief, in the form of deferred or forgiven principal and interest payments and related relief under Federal reclamation contracts, to: (1) the city of Corpus Christi, Texas, and the Nueces River Authority for the Nueces River Reclamation Project; and (2) the Canadian River Municipal Water Authority.
United States · United States Congress · 10 July 1996
ISTEA Integrity Restoration Act - Authorizes appropriations out of the Highway Trust Fund (other than the Mass Transit Account) for FY 1998 through 2002 for: (1) the National Highway System (NHS); (2) the Surface Transportation Program (STP); and (3) the Federal Lands Highway Program (FLHP), including Indian reservation roads, public lands highways, and parkways and park highways. (Sec. 6) Modifies the definition of: (1) "Federal-aid system" to mean the NHS; and (2) NHS to mean the Federal-aid highway system established pursuant to Federal highway provisions. Defines: (1) "highest priority corridor" to mean (with exceptions) any NHS corridor that the Secretary determines has national and international significance, that directly accounts for at least 35 percent of the truck-borne traffic for Canadian and Mexican imports and exports, that has at least 20 percent truck traffic, that directly benefits impoverished areas, that provides multiple intermodal connections, and that connects to military bases; and (2) "highway funds" to mean the funds apportioned to a State for a fiscal year and the funds allocated to a State for the preceding fiscal year for Federal-aid highway and highway safety construction (other than funds made available for the FLHP and for emergency relief). Modifies provisions regarding Federal-aid systems and the formula for apportionments of NHS funds. (Sec. 7) Repeals provisions regarding: (1) apportionments for resurfacing, restoring, rehabilitating, and reconstructing the Interstate System (IS); and (2) the transfer of interstate construction apportionments, the transfer of funds for STP projects, and limits on new capacity. (Sec. 8) Modifies STP provisions regarding the location of projects and allocations of apportioned funds. Authorizes a State, in nonattainment areas for ozone or carbon monoxide, or for PM-10 resulting from transportation activities, or any combination thereof, to obligate STP funds for any congestion mitigation and air quality improvement project or program without regard to any Department of Transportation limitation relating to the type of ambient air quality standard such project or program addresses. (Sec. 9) Directs that, for purposes of STP and IS provisions, population shall be determined based on the most recent decennial census for which data are available. (Sec. 10) Repeals provisions regarding: (1) the highway bridge replacement and rehabilitation program; and (2) the congestion mitigation and air quality improvement program. (Sec. 12) Replaces provisions regarding minimum allocations to States with an apportionment adjustment program to provide that the Secretary shall allocate among the States amounts sufficient to ensure that the ratio of the highway funds of the State to those of all States for the fiscal year is not less than certain listed percentages for the State. Repeals existing apportionment adjustment programs.
United States · United States Congress · 19 June 1996
War Crimes Act of 1996 - Amends the Federal criminal code to provide that anyone, whether inside or outside the United States, who commits a grave breach of the Geneva conventions, where the person who commits such breach or the victim of such breach is a member of the U.S. armed forces or a U.S. national, shall be fined or imprisoned for life or any term of years, or both, or, if death results to the victim, be subject to the death penalty.
United States · United States Congress · 13 June 1996
Textile and Apparel Global Competitiveness Act of 1996 - Directs the U.S. Trade Representative (USTR), whenever the United States negotiates a protocol for accession of a country to the World Trade Organization (WTO), to negotiate for inclusion in that protocol: (1) provisions for effective market access to that country's domestic markets for U.S. textile and apparel products; and (2) provisions allowing the suspension or revocation of paragraph 14 (relating to increasing import levels based on growth rates) of the Agreement on Textiles and Clothing, if the country has failed to enforce such market access provisions. Requires negotiation of bilateral agreements containing similar provisions with countries that are not WTO members. Amends the Trade Act of 1974 to direct the USTR to identify annually, report to the Congress, and publish in the Federal Register the names of priority foreign countries that deny fair and equitable market access to U.S. persons producing or selling textile or apparel products. Establishes in the Treasury a Textile Global Competitiveness Research Fund, consisting in part of fines provided by this Act, and whose amounts shall be available: (1) to the Office of Textiles, Apparel, and Consumer Goods of the Department of Commerce for the American Textile Partnership (AMTEX), the Textile-Clothing Technology Center (TC2), and the National Textile Center (NTC); (2) for adjustment assistance for textile and apparel firms; and (3) to the Customs Service for the enforcement of laws governing trade in textile and apparel goods. Directs the USTR to take necessary steps to negotiate a quota agreement with any non-WTO country whose exports to the United States exceed $100 million annually, or are creating serious damage or the actual threat of it to the U.S. textile and apparel industry. Specifies: (1) a quota formula for new textile agreements with non-WTO countries which already have a textile agreement with the United States; and (2) provisions for inclusion in the accession protocol of countries acceding to the WTO. Requires the USTR to ensure that any protocol under negotiation for accession to the WTO of a non-WTO country with a textile import bilateral agreement with the United States, as well as any subsequent agreement, provides for a reduction in the quantity of that country's textile and apparel goods that may be imported into the United States if the Committee for the Implementation of Textile Agreements (CITA) determines that the bilateral agreement is being circumvented and that inadequate or no measures are being taken by that country to take action against such circumvention. Prescribes specified Customs Service enforcement actions and penalties (including fines, seizure, and forfeiture) for violations of customs laws involving textile and apparel goods. Directs the Commissioner of Customs to establish a Division on Textile Enforcement. Requires withdrawal of preferential tariff or quota treatment (unilateral trade concessions) from the textile and apparel goods of any country: (1) demonstrating a consistent pattern of circumventing textile agreements with United States; (2) refusing to cooperate in investigations; (3) failing to provide adequate enforcement of intellectual property rights with respect to textile and apparel goods; or (4) failing to provide fair and equitable market access for U.S. textile and apparel goods.
United States · United States Congress · 16 May 1996
Ballistic Missile Defense Act of 1996 - Declares that it is U.S. policy to develop by the year 2000 a National Missile Defense System (System) that: (1) can be deployed in 2003; (2) shall be capable of providing a highly effective defense of the United States against limited ballistic missile attacks; and (3) shall be rigorously tested during development. Sets forth, in the following order, U.S. policy regarding the priority for the development and deployment of ballistic missile defense programs: (1) maintaining the operational readiness of the armed forces and modernization of weapon systems to ensure mission effectiveness in the future; (2) completing the development and deployment of essential theater missile defense systems; and (3) developing the System by the year 2000 for deployment in the year 2003 and developing space-based sensors. Directs the Secretary, in order to implement that policy, to initiate a National Missile Defense Program which shall include: (1) a ground-based interceptor system that provides coverage of the continental United States (including Alaska) and Hawaii; (2) fixed ground-based radars; (3) space-based sensors; and (4) battle management, command, control, and communications. Specifies Program implementing and reporting requirements. Requires the President to take specified actions to: (1) defend against weapons of mass destruction by preventing the spread of fissile materials and other components; (2) reduce the threat to the United States from such weapons delivered by intercontinental ballistic missiles (including by urging Russia to ratify the START II Treaty); and (3) carry out a program to enhance U.S. capabilities relating to the threat to the United States of a chemical or biological weapons attack inside the United States by unconventional means (establishes in the executive branch an interagency task force to assess and make recommendations concerning such capabilities). Requires the President to: (1) carry out requirements of this Act in a manner consistent with the ABM Treaty; (2) seek Treaty amendments necessary to deploy the System; and (3) treat any negotiated Treaty amendment as having entered into force only if it is made in the same manner as a treaty. Specifies conditions to be satisfied in order for Treaty modifications restricting theater ballistic missile defense systems to be binding on the United States.
United States · United States Congress · 15 May 1996
Amends the Internal Revenue Code to reduce, from the date of enactment of this Act until January 1, 1997, the rates of tax on gasoline, diesel and aviation fuel, fuel used on inland waterways, special motor fuels, and certain methanol or ethanol fuels. Prohibits the imposition of tax on compressed natural gas during that period. Reduces, for taxes imposed during that period, the rates regarding: (1) certain aviation fuel; (2) gasoline used in trains and certain buses and diesel fuel used in trains; and (3) alcohol fuels in provisions defining the Highway Trust Fund financing rate. Provides for the treatment of floor stocks. Provides for the reimposition of the tax if the reduction is not passed on to the consumer. Directs the Secretary of Defense to: (1) cancel budget authority in current defense procurement accounts as necessary to achieve a reduction of $2.9 billion in Department of Defense outlays; and (2) report to the Congress on the programs, projects, and activities from which cancellations are made.
United States · United States Congress · 14 May 1996
Temporary Emergency Livestock Drought Relief Act of 1996 - Amends the Agricultural Market Transition Act to provide temporary assistance for certain drought-affected livestock producers. Amends the Agricultural Act of 1949 to obligate specified funds for 1996 livestock feed emergencies. Requires a report on the use of certain commodity reserves for livestock assistance.
United States · United States Congress · 25 April 1996
Proud To Be an American Citizen Act of 1996 - Amends the Immigration and Nationality Act with respect to: (1) the naturalization oath; (2) naturalization funding; (3) English language and related requirements; (4) citizenship preparation; (5) distribution of naturalization information; (6) citizenship council consultation; (7) naturalization applications and examinations; (8) statistics; and (9) naturalization through military service. Establishes the National Advisory Board on Naturalization. Directs the Attorney General to make funds available for demonstration projects to administer the oath of allegiance to applicant groups on a business day around July 4.
United States · United States Congress · 23 April 1996
National Oceanographic Partnership Act - Establishes the National Oceanographic Partnership Program. Sets forth the purposes of the program. Establishes the: (1) National Ocean Research Leadership Council; (2) Ocean Research Partnership Coordinating Group; and (3) Ocean Research Advisory Panel under the program. Sets forth the composition of membership and specified duties of each. Mandates certain annual reports. Authorizes appropriations for the National Oceanographic Partnership Program for FY 1997 and requires that a certain amount be available for the operations of the partnership program office for such fiscal year.
United States · United States Congress · 15 April 1996
TABLE OF CONTENTS: Title XXI(SIC): Army Title XXII: Navy Title XXIII: Air Force Title XXIV: Defense Agencies Title XXV: North Atlantic Treaty Organization Security Investment Program Title XXVI: Guard and Reserve Forces Facilities Title XXVII: Expiration and Extension of Authorizations Title XXVIII: General Provisions Subtitle A: Military Construction Program and Military Family Housing Changes Subtitle B: Base Closure and Realignment and Environment Subtitle C: Land Conveyance Subtitle D: Other Matters Military Construction Authorization Act for Fiscal Year 1997 - Title XXI(sic): Army - Authorizes the Secretary of the Army to acquire real property and carry out military construction projects in specified amounts at specified installations and locations. Authorizes the Secretary to construct or acquire family housing units, to carry out architectural planning and design activities, and to improve existing military family housing in specified amounts. Authorizes appropriations to the Army for fiscal years after 1996 for military construction, land acquisition, and military family housing functions of the Army. Limits the total cost of construction projects authorized by this title. Title XXII: Navy - Provides, with respect to the Navy, authorizations paralleling those provided for the Army under the previous title. Title XXIII: Air Force - Provides, with respect to the Air Force, authorizations paralleling those provided for the Army. Title XXIV: Defense Agencies - Authorizes the Secretary of Defense (Secretary) to acquire real property and carry out military construction projects in specified amounts at specified installations and locations. Authorizes the Secretary to carry out architectural planning and design activities and to improve existing military family housing units, in specified amounts. (Sec. 2404) Earmarks funds authorized under this title for the Department of Defense (DOD) Family Housing Improvement Fund. (Sec. 2405) Authorizes the Secretary to carry out specified energy conservation projects. (Sec. 2406) Authorizes appropriations to DOD for fiscal years after 1996 for military construction, land acquisition, and military family housing functions. Limits the total cost of authorized construction projects. Title XXV: North Atlantic Treaty Organization Security Investment Program - Authorizes the Secretary to make contributions for the North Atlantic Treaty Organization (NATO) Security Investment Program. Authorizes appropriations for fiscal years after 1996. Title XXVI: Guard and Reserve Forces Facilities - Authorizes appropriations for fiscal years after 1996 for the Guard and Reserve forces for acquisition, architectural and engineering services, and construction of facilities. (Sec. 2602) Authorizes specified Army National Guard military construction projects and architectural and engineering services and construction design, using prior year appropriations. Title XXVII: Expiration and Extension of Authorizations - Terminates all authorizations contained in the preceding titles of this Act on October 1, 1999, or the date of enactment of an Act authorizing funds for military construction for FY 2000, whichever is later, with exceptions. Extends certain prior-year military construction projects. Title XXVIII: General Provisions - Subtitle A: Military Construction Program and Military Family Housing Changes - Increases: (1) from $300,000 to $350,000 the active and reserve component minor construction threshold for a project the Secretary may carry out using operation and maintenance funds without prior approval from the appropriate congressional committees; and (2) from $400,000 to $1.5 million the reserve component minor construction project threshold beyond which congressional notification and a 21-day waiting period are required. (Sec. 2802) Includes major maintenance and the repair of drives within the definition of an "improvement" for purposes of authorized improvements to military family housing. Subtitle B: Base Closure and Realignment and Environment - Amends the Defense Authorization Amendments and Base Closure and Realignment Act and the Defense Base Closure and Realignment Act of 1990 to authorize the Secretary to contract with local governments for the provision of certain community services at facilities on installations closed pursuant to such laws. (Sec. 2806) Authorizes the Secretary to pay from the Department of Defense Base Closure Account (Part II) up to $50,000 for stipulated environmental damages assessed against Loring Air Force Base, Maine. Subtitle C: Land Conveyance - Authorizes the Secretary of the Army to convey to: (1) Richmond or Madison County, Kentucky, a specified sewage collection, treatment, and disposal system at Bluegrass Army Depot, Kentucky; (2) the Dublin San Ramon Services District, California, a specified water treatment and distribution system at Camp Parks, California; (3) Leavenworth, Kansas, a specified water treatment and distribution system at Fort Leavenworth, Kansas; (4) Pierce County, Washington, a specified sewage collection, treatment, and disposal system at Fort Lewis, Washington; (5) Odenton, Maryland, a specified water treatment and distribution system at Fort Meade, Maryland; (6) Monmouth County, New Jersey, a specified water treatment and distribution system at Fort Monmouth, New Jersey; and (7) Hinesville, Georgia, a specified sewage collection, treatment, and disposal system at the Hunter Army Air Field, Fort Stewart, Georgia. (Sec. 2814) Authorizes the Secretary of the military department concerned to grant an easement for rights-of-way for electric power or communication poles and lines. Subtitle D: Other Matters - Authorizes the Secretary of the Air Force to enter into an agreement with a local electric utility or private company to install, operate, and maintain a new electrical distribution system at Youngstown Air Reserve Station, Ohio. Provides agreement conditions. Provides funds for such system from funds authorized and appropriated for FY 1996.
United States · United States Congress · 26 March 1996
Congratulates the people of Taiwan on holding the first democratic presidential election in Chinese history. Declares that the United States is committed to: (1) moving nations toward freedom and democracy; and (2) encouraging and protecting its democratic friends on Taiwan, within the framework of the Taiwan Relations Act.
United States · United States Congress · 22 March 1996
Amends Federal law to exempt from hazardous material transportation regulation certain vehicles with a gross vehicle weight rating of 10,000 pounds or less, unless the Secretary of Transportation determines that the hazardous material involved poses a significant risk to health and safety or property.
United States · United States Congress · 21 March 1996
Uniformed Services Medicare Subvention Demonstration Project Act - Directs the Secretaries of Defense and Health and Human Services (HHS) to jointly establish a demonstration project (project) to provide the Department of Defense (DOD) with reimbursement, under provisions of title XVIII (Medicare) of the Social Security Act, for health services provided through DOD to certain Medicare-eligible covered military beneficiaries. Requires the project to be conducted in one or more regions in which the TRICARE program (a DOD managed health care program) has been implemented. Allows such project to be conducted for up to two years. Requires such Secretaries to jointly submit to the Congress a first annual report and a final report containing specified information concerning project participants and such project's effects on military medical care access, readiness, and training. Directs the HHS Secretary to make monthly payments to DOD from the Federal Hospital Insurance Trust Fund and the Federal Supplementary Medical Insurance Trust Fund (HHS trust funds) representing appropriate reimbursement amounts. Provides for the determination of such amounts. Directs such Secretaries to jointly: (1) establish a base level of TRICARE coverage required in a geographic region for eligibility under the project; (2) determine baseline costs of such care and coverage; and (3) establish upper reimbursement limits. Directs the Secretary of Defense to waive the enrollment fee for individuals enrolled in a TRICARE program participating in the project. Establishes in the Treasury the Medicare Subvention Fund (Fund) for providing payments to the HHS Secretary for reimbursement of the HHS trust funds and for the payment of all expenses related to the participation of Medicare-eligible covered military beneficiaries in excess of the base level established under this Act, as well as administrative expenses. Authorizes appropriations for FY 1997 and 1998 for deposit into the Fund to carry out the purposes of this Act.
United States · United States Congress · 14 March 1996
National Marine Sanctuaries Renewal Act of 1996 - Amends the National Marine Sanctuaries Act to authorize the Secretary of Commerce to: (1) create, or participate in the creation of, nonprofit organizations to solicit donations to carry out the Act; and (2) recruit, train, and accept volunteer services and provide for incidental expenses such as transportation, uniforms, lodging, and subsistence of the volunteers. Authorizes appropriations to carry out the Marine Protection, Research, and Sanctuaries Act of 1972. Modifies national marine sanctuary advisory committee procedural requirements. Authorizes: (1) the development, marketing, and sale of symbols, including a symbol for the national marine sanctuary program (NMSP); (2) the designation of persons as official sponsors of the NMSP or individual sanctuaries; (3) the creation, marketing, and sale of products to promote the NMSP; (4) establishment of a revolving fund containing sponsor payments and product sale proceeds; (5) the use of in-kind sponsor proceeds; and (6) the expenditure of fund amounts, without appropriation, to designate and manage sanctuaries.
United States · United States Congress · 14 March 1996
Expresses the sense of the Congress that proposed cross-border entry fees on vehicles or pedestrians seeking to enter the United States from Canada or Mexico are economically unsound, are likely to cause retaliatory fees, and should not be imposed.
United States · United States Congress · 13 March 1996
Health Centers Consolidation Act of 1996 - Amends the Public Health Service Act to revise provisions concerning health centers (currently, community health centers), definitions relating to such centers, and the services provided by such centers. Authorizes the Secretary of Health and Human Services to make planning, operating, and infant mortality grants for health centers that provide required primary health services and additional health services to medically underserved and special medically underserved populations (migrant and seasonal agricultural workers, the homeless, and public housing residents). Directs the Secretary to give priority in making grants to health centers in which there is a substantial incidence of infant mortality or a significant increase in the incidence of infant mortality. Specifies that grant amounts for any fiscal year may not exceed: (1) total State, local, and other operational funding for a center; and (2) fees, premiums, and third-party reimbursements received for operations by the center in such fiscal year. Authorizes appropriations. Requires the Office of Rural Health Policy of the Health Resources and Services Administration to administer the rural health services outreach demonstration grant program. Authorizes appropriations.
United States · United States Congress · 6 March 1996
United States-Puerto Rico Political Status Act - Requires a referendum to be held by December 31, 1998, on Puerto Rico's path to self-government either through U.S. statehood or through sovereign independence or free association. Requires the President to submit to the Congress for approval legislation for: (1) a transition plan of at least ten years which leads to full self-government for Puerto Rico; and (2) a recommendation for the implementation of such self-government consistent with Puerto Rico's approval. Sets forth specified requirements with respect to the referendum and congressional procedures for consideration of legislation. Makes funds available for the referendum.
United States · United States Congress · 5 March 1996
Amends Federal provisions concerning the Civilian Health and Medical Program of the Uniformed Services (CHAMPUS) to direct the Secretary of Defense to enter into an agreement with the Office of Personnel Management (OPM) under which covered CHAMPUS beneficiaries who are also entitled to hospital insurance benefits under Part A of title XVIII (Medicare) of the Social Security Act will be permitted to enroll in a health benefits plan offered through the Federal Employees Health Benefits program in lieu of receiving care under CHAMPUS or the TRICARE program. Outlines provisions concerning: (1) required contributions for such coverage; and (2) the management of participants in the plan. Requires the Secretary and the OPM Director to report annually to the Congress describing the provision of health care services to covered beneficiaries under the plan during the preceding fiscal year.
United States · United States Congress · 1 February 1996
Expresses the sense of the Congress that, not later than March 15, 1996, the Congress should appropriate for FY 1996 for each continuing program or activity of the Department of Education not less than the amount appropriated for FY 1995 for such program or activity.
United States · United States Congress · 25 January 1996
TABLE OF CONTENTS: Title I: Health Care Access, Portability, and Renewability Subtitle A: Group Market Rules Subtitle B: Individual Market Rules Subtitle C: COBRA Clarifications Subtitle D: Private Health Plan Purchasing Cooperatives Title II: Application and Enforcement of Standards Title III: Miscellaneous Provisions Health Insurance Reform Act of 1996 - Title I: Health Care Access, Portability, and Renewability - Subtitle A: Group Market Rules - Prohibits insurers from declining to offer whole group coverage to a group purchaser. Allows plans to establish eligibility, continuation, enrollment, or premium requirements, provided the requirements are not based on health status, medical condition, or similar factors. (Sec. 102) Mandates plan renewability, except for premium nonpayment, material misrepresentation, plan termination, or other specified reasons. (Sec. 103) Regulates the circumstances in which a plan may impose a benefit limitation or exclusion because of a preexisting condition. Allows State laws (unless preempted by specified provisions of the Employee Retirement Income Security Act of 1974 (ERISA)) that: (1) limit preexisting conditions to shorter periods than the provisions of this paragraph; or (2) recognize previous qualifying coverage with a lapse period longer than provided for by the provisions of this paragraph. (Sec. 104) Mandates special enrollment periods for individuals who have certain types of changes in family composition or employment status. (Sec. 105) Regulates disclosures an insurer must make to a small employer (as defined in State law or, if not defined in State law, employers with not more than 50 employees). Amends ERISA to modify requirements regarding disclosures to plan participants and beneficiaries. Subtitle B: Individual Market Rules - Prohibits an insurer (for an individual in a period of previous qualifying coverage) from declining to offer coverage or denying enrollment based on health status, medical condition, or similar factors. (Sec. 111) Mandates renewability of coverage for individuals, except for nonpayment of premiums, material misrepresentation, or plan termination. (Sec. 112) Requires that State law in effect on, or enacted after, enactment of this Act apply in lieu of the standards above in this subtitle unless the Secretary of Health and Human Services determines that the State law does not achieve access goals described in this subtitle. Allows States to meet those goals by using a National Association of Insurance Commissioners (NAIC) model adopted using a consultation process the Secretary approves. Subtitle C: COBRA Clarifications - Amends the Public Health Service Act, the Employee Retirement Income Security Act of 1974 (ERISA), and the Internal Revenue Code to modify continuation coverage requirements. Subtitle D: Private Health Plan Purchasing Cooperatives - Requires a State to certify health plan purchasing cooperatives (HPPCs) meeting the requirements of this paragraph. Provides for Federal certification if a State fails to do so. Regulates HPPC organization, duties, and activities. Preempts, for a HPPC meeting these requirements, State fictitious group laws. Preempts State premium rating requirement laws in certain circumstances. Requires compliance with State mandated benefit laws. Applies to HPPCs, for enforcement purposes only, the requirements of ERISA provisions relating to fiduciary responsibility and administration and enforcement. Title II: Application and Enforcement of Standards - Deems a requirement or standard under this Act imposed on a plan to be imposed on the issuer. (Sec. 202) Requires each State to mandate that each plan in the State meet the standards under this Act pursuant to an enforcement plan filed by the State with the Secretary of Labor, with employee plans enforced in the same manner as under specified ERISA provisions. Provides for Federal enforcement if a State fails to do so. Title III: Miscellaneous Provisions - Amends the Public Health Service Act to allow a health maintenance organization, if notified by a member that a medical savings account has been established for the member and if the member requests, to reduce the basic health services payment by requiring the payment of a deductible for basic health services. Mandates a study and report to appropriate congressional committees on: (1) mechanisms to ensure the availability of reasonably priced health coverage to employers purchasing group and individuals purchasing non-group coverage; and (2) whether standards limiting premium variation will further the purposes of this Act.
United States · United States Congress · 21 December 1995
International Dolphin Conservation Program Act - Amends the Marine Mammal Protection Act of 1972 to allow authorizations for the incidental taking of marine mammals during commercial yellowfin tuna fishing. Removes provisions requiring that, for purse seine yellowfin fishing, the goal of reducing incidental kill or serious injury to insignificant levels approaching zero be satisfied by the best safety techniques and equipment economically and technologically practicable. Modifies requirements regarding export by another nation to the United States of yellowfin tuna harvested with purse seine nets in the eastern tropical Pacific Ocean. Exempts a U.S. citizen from the Act in specified circumstances. Changes requirements regarding the issuance of general permits for the taking of marine mammals. Amends the Dolphin Protection Consumer Information Act regarding the circumstances in which tuna products may be labeled "Dolphin Safe," including allowing such labeling if (among other qualifying circumstances): (1) with regard to harvesting in the eastern tropical Pacific Ocean, the vessel's captain and a Program-approved observer state that no dolphins were killed during the sets in which that tuna was caught; and (2) with regard to harvesting outside the eastern tropical Pacific Ocean, the vessel's captain (or in certain circumstances the captain and an observer) state that no purse seine net was intentionally deployed on or to encircle dolphins during the voyage. Mandates implementing regulations, including regulations addressing the use of weight calculation and well location. (Sec. 5) Amends the Marine Mammal Protection Act of 1972 to declare that it is U.S. policy to support the International Dolphin Conservation Program and to ensure that the U.S. market does not act as an incentive to tuna harvesting that is not in compliance with the Program. Mandates regulations to authorize and govern the incidental taking of marine mammals in the eastern tropical Pacific Ocean, including any species designated as depleted under the Marine Mammal Protection Act of 1972 but not listed as endangered or threatened under the Endangered Species Act. Authorizes emergency regulations in certain circumstances. Requires undertaking or supporting scientific research to further the Program's goals. Repeals existing research program provisions. Repeals provisions relating to bans on imports from countries failing to implement a moratorium on purse seine harvesting of tuna. Replaces provisions concerning permits for taking dolphins with provisions mandating issuance of a permit to a U.S. vessel authorizing participation in the Program. Prohibits U.S. vessels from operating in the eastern tropical Pacific Ocean yellowfin tuna fishery without such a permit. Authorizes permit sanctions for violations of prohibited acts provisions of the Act. Modifies the list of prohibited acts. (Sec. 6) Amends the Tuna Conventions Act to modify the composition of the U.S. representation on the International Commission for the Scientific Investigation of Tuna and the Inter-American Tropical Tuna Commission. Modifies requirements regarding a related advisory committee.
United States · United States Congress · 14 December 1995
Savings in Construction Act of 1995 - Amends the Metric Conversion Act of 1975 to define specified terms, including "hard-metric conversion" and "soft-metric conversion." Prohibits Federal agencies from: (1) using construction or procurement guidelines that require the use of hard-metric products if a majority of the related contracts would be likely to result in a certification under this Act; and (2) establishing bidding requirements or preferences for federally-assisted construction contracts that specify the use of hard-metric products if soft-metric production is feasible, and, as certified by an industry representative, hard-metric alternatives are not readily available, would exceed specified capital costs, and would result in negligible benefits, or would reduce competition or create special hardships.
United States · United States Congress · 30 November 1995
Repeals a Federal provision limiting salary increases for Federal judges or Supreme Court Justices to those specifically authorized by Act of Congress. Amends the Federal judicial code to make the cost of living adjustments in judicial salaries effective in the first pay period beginning on or after January 1 each year (currently, such adjustments are triggered by General Schedule adjustments).
United States · United States Congress · 18 November 1995
Amends Federal armed forces provisions to provide that: (1) the special rule concerning annual cost-of-living adjustments to retired military pay for individuals who first became members of a uniformed service before August 1, 1986, shall apply only through FY 1996 (currently, FY 1998); and (2) the initial month that such increase is payable shall be March (currently, September) of the year following the effective date of such increase.
United States · United States Congress · 17 November 1995
Prohibits the disbursement of basic pay to a Member of Congress during any period in which: (1) there is a lapse in appropriations for any Federal agency or department as a result of a failure to enact a regular appropriations bill or continuing resolution; or (2) the Government is unable to make payments or meet obligations because the public debt limit has been reached.
United States · United States Congress · 14 November 1995
Smithsonian Institution Sesquicentennial Commemorative Coin Act - Directs the Secretary of the Treasury to issue five-dollar gold coins and one-dollar silver coins emblematic of the scientific, educational, and cultural significance of the Smithsonian Institution. Mandates that: (1) all but a certain portion of surcharges received from coin sales be paid by the Secretary to the Smithsonian Institution for such purposes as its Board of Regents determines to be appropriate; and (2) a certain portion of such surcharges be dedicated to supporting the operation and activities of the National Numismatic Collection at the National Museum of American History.
United States · United States Congress · 10 November 1995
Amends rule XLIV (financial disclosure) of the Rules of the House of Representatives to require each report filed with the Clerk of the House under title I of the Ethics in Government Act of 1978 for calendar year 1996 or any subsequent calendar year to disclose any gift (including a meal) with a fair market value in excess of $50 (other than personal hospitality of an individual or any gift received from a relative) as adjusted under such Act. Amends rule XLIII (Code of Official Conduct) to allow a House Member, officer, or employee to accept: (1) a gift with a fair market value of $50 (currently, $100) or less; and (2) an offer of free attendance for such individual and his or her spouse or dependent at a widely attended convention, conference, symposium, forum, panel discussion, dinner, viewing, reception, or similar event provided by the sponsor of the event if the individual participates in the event as a speaker or a panel participant by presenting information related to the Congress or matters before the Congress or by performing a ceremonial function appropriate to his or her official position, or if attendance at the event is appropriate to the performance of the official duties or representative function of the individual. Includes within the definition of "free attendance" waiver of all or part of a conference or other fee, the provision of lodging or transportation or the provision of food, refreshments, entertainment, and instructional materials furnished to all attendees as an integral part of the event. Excludes entertainment collateral to the event and food or refreshments taken other than in a group setting with substantially all other attendees. Permits such an individual, spouse, or dependent to accept a sponsor's unsolicited offer of free attendance at a charity event if: (1) the event is sponsored by a tax-exempt organization; (2) all expenses are paid by the sponsoring organization and not by another corporation or individual; (3) the proceeds to charity from the event exceed the costs of the event; and (4) the participation contributes in a tangible way to the success of the event.
United States · United States Congress · 9 November 1995
Texas Reclamation Projects Indebtedness Purchase Act - Directs the Secretary of the Interior to enter into an agreement with the Texas public agency which has contracted with the United States for repayment of specified Bureau or Reclamation projects in Texas, or another Texas public agency, for the purchase of such projects under specified conditions. Identifies the affected projects as the Canadian River, Palmetto Bend, and Nueces River Reclamation projects. Provides that the assumption of Federal nonreimbursable responsibility by the contracting party is in compliance with the National Environmental Policy Act of 1969 and project purchase review shall not be required.
United States · United States Congress · 7 November 1995
War Crimes Act of 1995 - Amends the Federal criminal code to provide that anyone, whether inside or outside the United States, who commits a grave breach of the Geneva conventions against a member of the U.S. armed forces or a U.S. citizen, shall be fined or imprisoned for life or any term of years, or both, or, if a death is involved, be subject to the death penalty.
United States · United States Congress · 14 September 1995
Lower East Side Tenement Museum National Historic Site Act of 1995 - Designates the Lower East Side Tenement Museum at 97 Orchard Street, New York, New York, as a National Historic Site. Authorizes the Secretary of the Interior to: (1) acquire the Site with donated or appropriated funds or to enter into a cooperative agreement with the Museum designed to assure preservation and interpretation of the Site; and (2) assist the Museum in acquiring real properties that it occupies or uses. Authorizes appropriations.
United States · United States Congress · 13 September 1995
Requires that any markup in the committees or subcommittees of the House of Representatives of any legislation changing existing law concerning Medicare or Medicaid pursuant to the reconciliation instructions of the concurrent resolution on the budget for FY 1996 be preceded by a minimum of four weeks for public disclosure of and public hearings on the legislative text of such changes. Prohibits such legislation from being considered in the House until such requirements have been met. Expresses the sense of the House that the Senate should adopt a similar schedule for public disclosure and hearings on the legislative text of any such changes.
United States · United States Congress · 7 September 1995
TABLE OF CONTENTS: Title I: Private Property Rights and Voluntary Incentives for Private Property Owners Title II: Improving Ability to Comply with the Endangered Species Act of 1973 Title III: Improving Scientific Integrity of Listing Decisions and Procedures Title IV: Recognizing Other Federal Action, Laws, and Missions Title V: Better Management and Conservation of Listed Species Title VI: Habitat Protections Title VII: State Authority to Protect Endangered and Threatened Species Title VIII: Funding of Conservation Measures Title IX: Miscellaneous Provisions Endangered Species Conservation and Management Act of 1995 - Amends the Endangered Species Act of 1973 (the Act) to revise: (1) the findings and purposes of the Act to include consideration of economic impacts and property owners' rights while encouraging practices that protect species; and (2) the policy of the Act to prohibit the Federal Government from using or limiting the use of privately owned property when such action diminishes the value of such property without payment of fair market value to the owner of private property. Title I: Private Property Rights and Voluntary Incentives for Private Property Owners - Amends the Act to prohibit the Government from taking an agency action affecting privately or non-federally owned property under the Act which results in diminishment of value of any portion of that property by 20 percent or more unless compensation is offered in accordance with this title. Requires the Federal agency that takes an action that exceeds that amount to compensate the private property owner for the otherwise lawful use or limitation on such use in the amount of the diminution in value of the portion of that property resulting from such use or limitation. Specifies that, if the diminution in value of a portion of that property is greater than 50 percent, at the option of the owner, the agency shall buy that portion and pay fair market value based on the value of the property before the use or limitation was imposed. Directs that compensation paid reflect the duration of the use or limitation necessary to achieve the purposes of the Act. Sets forth provisions regarding: (1) procedures for written requests for compensation by the owner; (2) agency negotiations with that owner to reach agreement; (3) choice of remedies; (4) arbitration; (5) civil actions (an owner who prevails in a civil action against the agency shall be entitled to the amount of compensation awarded plus reasonable attorney's fees and other litigation costs); (6) source of payments; (7) availability of appropriations (any U.S. obligation to make such a payment shall be subject to the availability of appropriations); and (8) duty of notice to owners of agency actions limiting the use of private property and of procedures for obtaining compensation. (Sec. 102) Requires the Secretary of the Interior (Secretary), in carrying out the program authorized by the Act, to cooperate to the maximum extent practicable with the States and other non-Federal persons, including consultation before acquiring any land or water, or interest therein, for the purpose of conserving any endangered or threatened species. Authorizes the Secretary to enter into a cooperative management agreement with any State or local government or non-Federal person for the management of a species listed as endangered or threatened, to be listed, or which is a candidate for listing, or for the management or acquisition of an area which provides habitat for a species, subject to specified limitations. Sets forth provisions regarding: (1) environmental assessments; (2) the effect of listing a species; and (3) violations of such agreements. (Sec. 103) Authorizes the Secretary to provide grants to certain non-Federal persons for the purpose of conserving, preserving, or improving habitat for any species that is determined to be an endangered or threatened species upon determining that: (1) the property for which the grant is provided contains habitat that significantly contributes to the protection of the population of the species and has been managed for species protection for a sufficient period of time to significantly contribute to the protection of the species population; and (2) the management of the habitat advances the interest of species protection. (Sec. 104) Directs the Secretary to initiate a program to provide technical advice and assistance to non-Federal persons who wish to participate in achieving the conservation objective for a species for which a conservation goal has been adopted. (Sec. 105) Specifies that nothing in the Act shall be construed to supersede, abrogate, or otherwise impair any right or authority of a State to allocate or administer quantities of water. Title II: Improving Ability to Comply With the Endangered Species Act of 1973 - Amends the Act to provide that an activity of a non-Federal person is not a taking of a species if the activity: (1) is consistent with the provisions of a final conservation plan or conservation objective; (2) complies with the terms and conditions of an incidental take permit or a cooperative management agreement; (3) addresses a critical, imminent threat to public health or safety or a catastrophic natural event, or is mandated by any Federal, State, or local government agency for public health or safety purposes; or (4) is incidental to, and not the purpose of, carrying out an otherwise lawful activity that occurs in an area of the territorial sea or exclusive economic zone that is not designated as critical habitat and the affected species is not a species of fish. Makes enforcement provisions and provisions regarding rewards and incidental expenses paid by the Secretary or the Secretary of the Treasury applicable specifically to endangered or threatened species of fish and wildlife (current law doesn't specify endangered or threatened species). Specifies that no interpretation, policy, guideline, finding, or other informal determination may be relied upon by the Secretary in the implementation and enforcement of the Act unless such determination has been the subject of a proposed rule, subject to specified requirements. Places the burden on the Secretary to show that a specimen belongs to a species which is determined to be an endangered or threatened species. Authorizes civil suits by persons who have suffered or are threatened with economic or other injury resulting from actions by Federal officials with respect to enforcement of the Act under specified circumstances. (Sec. 202) Defines, for purposes of the Act: (1) "take" to mean to harm, pursue, hunt, shoot, wound, kill, trap, capture, collect, or attempt to engage in that conduct; and (2) "harm" to mean to take a direct action against any member of an endangered species of fish or wildlife that actually injures or kills a member of the species. (Sec. 203) Authorizes non-Federal persons to initiate consultation with the Secretary on any prospective activity: (1) to determine if the activity is consistent with a conservation plan or objective; or (2) if the person determines that the activity is inconsistent, to determine whether the activity is likely to jeopardize the continued existence of an endangered or threatened species or to destroy or adversely modify the designated critical habitat of the species in a manner that is likely to jeopardize the continued existence of the species. (Sec. 204) Sets forth or revises provisions regarding: (1) incidental take permit requirements; (2) general, research, and educational permits; (3) maintenance of aquatic habitats for listed species; (4) compliance with international requirements and treaties; and (5) incentives for protection of marine species. Title III: Improving Scientific Integrity of Listing Decisions and Procedures - Revises provisions of the Act regarding determinations that a species is endangered or threatened to direct the Secretary to make such determinations based on specified factors, including: (1) the present or threatened loss of its habitat; and (2) the inadequacy of existing Federal, State, and local government regulatory mechanisms. Requires the Secretary to make such determinations solely on the basis of the best scientific and commercial data available after conducting a review of the status of the species and after soliciting and fully considering the best scientific and commercial data available concerning the status of a species from any affected State or any interested non-Federal person, taking into account other specified factors. Sets forth or revises provisions regarding: (1) consideration of State recommendations; (2) listing of foreign species; (3) soliciting scientific information; (4) emergency listings; (5) use of the best scientific and commercial data; (6) identifying data used for decisions; (7) judicial review; (8) peer review; (9) making data public; (10) improving the petition and designation processes; (11) greater State involvement; (12) monitoring the status of species; and (13) petitions to delist species. Title IV: Recognizing Other Federal Action, Laws, and Missions - Amends the Act to direct: (1) the Secretary to review other programs administered by the Secretary and utilize such programs in furtherance of the purposes of the Act; and (2) each Federal agency to ensure that any action authorized, funded, or carried out by such agency is not likely to jeopardize the continued existence of any endangered or threatened species or destroy or adversely modify any habitat that is designated by the Secretary as critical habitat of the species in a manner that is likely to jeopardize the continued existence of the species. Sets forth provisions regarding: (1) involvement of applicants for Federal approvals; (2) conferring on candidate species; (3) limitations on modifications to land management; (4) resolving conflicts between Federal agencies; (5) procedures for consultation; and (6) activities prior to completion of consultation. (Sec. 402) Sets forth provisions regarding exemptions from consultation and conferencing requirements. Specifies that an agency action shall not constitute a taking of a species prohibited by the Act or any regulation thereunder if the action is consistent with those provided for in a final conservation plan or a conservation objective under this Act, or a cooperative management agreement or an incidental take permit. (Sec. 403) Eliminates the Endangered Species Committee and related provisions. Title V: Better Management and Conservation of Listed Species - Amends the Act to direct the Secretary to publish a conservation objective and a conservation plan for each species determined to be an endangered or threatened species. Requires the Secretary: (1) within 30 days after the listing determination, to appoint an assessment and planning team (which shall report to the Secretary within 180 days the assessment of specified biological, economic, and intergovernmental factors with respect to the listed species); and (2) within 210 days, to review the report to establish a conservation objective for the species and publish in the Federal Register the conservation objective, along with a statement of findings on which the objective was established. (Sec. 502) Directs the Secretary, in the development and implementation of a conservation plan, to accord specified priorities, including to: (1) the development of an integrated plan for two or more endangered or threatened species that are likely to benefit from an integrated conservation plan; and (2) nonregulatory, incentive-based conservation measures and commercial activities that provide a net benefit to the conservation of the species. Sets forth provisions regarding: (1) publication of a draft plans; (2) contents of such plan; (3) plan preparation procedures; (4) publication of a final plan; (5) participation by other persons; (6) plan revision or amendment; and (7) lack of further procedures or requirements for actions consistent with the conservation plan. (Sec. 503) Delineates procedures regarding: (1) management prior to publication of a conservation plan; (2) emergency rulemaking protections; (3) suspension of conservation plans or objectives; (4) non-delegation of duties; and (5) review of conservation plans. (Sec. 504) Authorizes the Secretary to: (1) designate critical habitat of a species determined to be an endangered or threatened species that meets specified requirements utilizing the National Biodiversity Reserve (see Title VI) as a first priority; and (2) revise a critical habitat designation on determining that such habitat does not meet such requirements. Sets forth provisions regarding: (1) deadlines for designation; (2) basis for designation (directs the Secretary to exclude any area from critical habitat which does not meet the definition as set forth in this Act, which is not necessary to achieve the conservation objective for the affected species, for which the Secretary determines that the benefits of exclusion outweigh the benefits of designation (with exceptions), and in the case of property owned by a non-Federal person, where the owner has not given written consent to the designation or has not been compensated); (3) procedure for designation; and (4) judicial review of the critical habitat designation. Sets forth provisions regarding: (1) the standard for judicial review of decisions regarding conservation objectives or plans; (2) conservation plans for foreign species; and (3) the definition of critical habitat. (Sec. 505) Authorizes the Secretary to: (1) utilize captive propagation as a means of protecting or conserving an endangered or threatened species; and (2) provide annual grants to non-Federal persons to fund captive propagation programs if the Secretary determines that such a program contributes to enhancement of the population of such a species. (Sec. 506) Revises provisions regarding experimental populations to require the Secretary, before authorizing the release of a population of endangered or threatened species outside the current range of such species, to identify the precise boundaries of the geographic area for the release and determine whether the release is in the public interest. Provides that: (1) any member of an experimental population found outside the geographic area in which the population is released shall not be treated as a threatened species if the member poses a threat to the welfare of the public; and (2) critical habitat shall not be designated under the Act for any experimental population determined to be not essential to the continued existence of a species. Sets forth requirements for releases of such populations, including that the Secretary require that: (1) to the maximum extent practicable, the release occurs only in a unit of the National Park System or the National Wildlife Refuge System; (2) the regulations authorizing the release identify precisely the geographic area for the release; and (3) a release on non-Federal land occurs only with the written consent of the owner of the land. (Sec. 507) Revises provisions regarding regulations to protect threatened species to direct the Secretary to issue, concurrently with the regulation that provides for the listing of the species, such regulations as the Secretary deems necessary and advisable to provide for the conservation of such species. Specifies that prohibitions applied to the threatened species shall address the specific circumstances of such species and may not be as restrictive as such prohibition for endangered species. Requires conservation guidelines to include a system for developing and implementing, on a priority basis, conservation objectives and conservation plans. Directs the Secretary to provide to the public notice of, and opportunity to submit written comments on, any guideline proposed to be established. Title VI: Habitat Protections - Establishes a National Biological Diversity Reserve, composed of units of Federal and State lands designated and managed in accordance with this title. Directs the Secretary and the Secretary of Agriculture to designate to the Reserve by regulation those units of the national conservation systems which are within the jurisdiction of the Secretary concerned and which the Secretary determines would contribute to the protection, maintenance, and enhancement of biological diversity. Directs the Secretary to: (1) designate to the Reserve a unit of State-owned lands if such unit is nominated for designation by the Governor of the State and is managed under State law in accordance with this title; (2) designate to the Reserve privately owned land that is nominated for designation by the owner of the land, and remove such land from the Reserve if the owner requests removal; (3) remove from the Reserve a unit designated which the Secretary finds is not managed under State law in accordance with this title; and (4) remove from the Reserve any State-owned lands at the request of the Governor of that State. Requires: (1) each unit of the Reserve to have as an objective for the management thereof the preservation, maintenance, and enhancement of biological diversity; and (2) within one year of the designation of a unit to the Reserve, the manager of such unit to complete, and the Secretary concerned to make available to the public by notice in the Federal Register, an inventory of the species composing the biological diversity within such unit. (Sec. 602) Directs the Secretary, and the Secretary of Agriculture with respect to the National Forest System, to establish and implement a program to conserve fish, wildlife, and plants, including those which are determined to be endangered or threatened species. Provides that, to carry out such program, the appropriate Secretary: (1) shall utilize the land acquisition and other authority under the Fish and Wildlife Act of 1956, the Fish and Wildlife Coordination Act, and the Migratory Bird Conservation Act, as appropriate; and (2) is authorized to acquire lands, waters, or interests therein (lands). (Sec. 603) Directs the Secretary and the Secretary of Agriculture to encourage exchanges of lands within the jurisdiction of each Secretary (other than units of the National Park System and the National Wilderness Preservation System) for lands that are not in Federal ownership and that are affected by this Act. Sets forth provisions regarding the timing of exchanges, environmental assessment, expeditious exchange decisions, applicable law, and valuation of lands acquired. Title VII: State Authority to Protect Endangered and Threatened Species - Authorizes the Secretary to delegate to a State which establishes and maintains an adequate program for the conservation of endangered and threatened species the authority contained in this Act with respect to species of fish, wildlife, and plants that are residents in the State. Requires the Secretary, within 120 days after receiving a certified copy of a proposed State program, to determine whether such program will be adequate to provide protections to endangered and threatened species in such State, based on specified guidelines. Sets forth provisions regarding: (1) Federal financial assistance to a State which has received such delegation; (2) contents of a delegation agreement; (3) State compliance with this Act; (4) review of State programs; and (5) conflicts between Federal and State laws. (Sec. 702) Directs the Secretary, in any instance in which a State has a program for management of a native species which is the subject of a request for an export permit under the Convention on International Trade in Endangered Species of Wild Fauna and Flora, to act in accordance with the recommendation of the State unless the Secretary makes a finding and publishes a notice in the Federal Register that scientific evidence justifies a conclusion contrary to the advice of the State. Authorizes the State which is subject to such a finding, or any person in that State directly affected because of inability to obtain a permit, to appeal the finding to an administrative law judge or a court. Places the burden on the Secretary to show that the evidence supports a finding contrary to the recommendation of the State. Title VIII: Funding of Conservation Measures - Authorizes appropriations to the Departments of the Interior, Commerce, and Agriculture through FY 2001 to carry out the Act, including for cooperative management agreements, Convention implementation, non-Federal conservation planning, and habitat conservation grants. (Sec. 802) Directs the Secretary, for any non-Federal person or Federal power marketing administration, to pay half of any direct costs that result from the compliance by the person or administration mandated by a conservation plan or measure that provides protection to a listed species under a plan developed under the Pacific Northwest Electric Power Planning and Conservation Act, including a plan that provides protection to a larger population unit of the same listed species. Sets forth provisions regarding consultation requirements, incidental take permits, cooperative management agreements, method of cost-sharing, existing cost-sharing agreements, and adjustments to the cost-sharing percentage. (Sec. 803) Establishes in the Treasury an Endangered Species and Threatened Species Conservation Trust Fund. Title IX: Miscellaneous Provisions - Defines or redefines the terms: (1) "non-Federal person"; and (2) "commercial activity." (Sec. 902) Directs the Secretary to: (1) identify those species which are listed under the Act as a result of being determined to be a population segment; and (2) review and determine whether or not it is in the national interest to continue to list each such segment. Requires those segments which the Secretary recommends for continued listing to be submitted to the Congress for approval, and that any segment not determined to be in the national interest to be delisted. (Sec. 903) Requires the Secretary to publish a list of all species that were determined to be endangered or threatened species for which no final recovery plans were issued, divided equally into three tiers of priority for preparation of conservation objectives and plans (with any species listed as an endangered or threatened species in more than one State being placed in the first tier of priority). Directs the Secretary to publish a conservation objective, draft conservation plan, and final conservation plan for each species within each tier of priority according to a specified timetable. Sets forth provisions regarding: (1) priority for revision of existing plans (for listed species with recovery plans); (2) a schedule for revision of plans; (3) species for which no conservation plan is required; (4) a prohibition on additional requirements; and (5) existing biological opinions.
United States · United States Congress · 4 August 1995
Rail Infrastructure Preservation Act of 1995 - Amends Federal transportation law to authorize appropriations for local rail freight assistance. Authorizes the Secretary of Transportation to declare that a disaster has occurred and that Federal funding is necessary to repair and rebuild rail lines damaged by it. Prohibits such assistance unless emergency disaster relief funds are appropriated for such purpose. Amends the Railroad Revitalization and Regulatory Reform Act of 1976 to declare that it is the purpose of the Congress to promote the revitalization of the railway system through, among other things, preservation of light density lines. Revises interest rate, repayment, and prepayment penalty requirements with respect to guaranteed railroad improvement loans.
United States · United States Congress · 4 August 1995
Amends Internal Revenue Code provisions relating to mortgage revenue bonds to modify the requirements to be a qualified veteran. Establishes State subcap and State overall cap restrictions.
United States · United States Congress · 13 July 1995
Expresses the sense of the Congress that the U.S. Government should pursue policies that: (1) encourage all residents of this country to become fully proficient in English by expanding educational opportunities; (2) conserve and develop the Nation's linguistic resources by encouraging all residents to learn or maintain skills in a language other than English; (3) assist Native Americans, Native Alaskans, Native Hawaiians, and other peoples indigenous to the United States in their efforts to prevent the extinction of their languages and cultures; (4) continue to provide services in languages other than English as needed to facilitate access to essential functions of government, promote public health and safety, ensure due process, promote equal educational opportunity, and protect fundamental rights; and (5) recognize the importance of multilingualism to vital national interests and individual rights, and oppose "English-only" measures and similar language restrictionist measures.
United States · United States Congress · 12 July 1995
Professional Baseball Antitrust Reform Act of 1995 or the "Giles Act"- Amends the Clayton Act to apply the antitrust laws to any agreement or restraint imposed by professional baseball, major or minor league owners, or their agents or employees on the location of any minor league team or franchise.
United States · United States Congress · 30 June 1995
Federal Oil and Gas Royalty Simplification and Fairness Act of 1995 - Amends the Federal Oil and Gas Royalty Management Act of 1982 (FOGRMA) to set a six-year statute of limitations period for royalty underpayments owed by lessees of Federal lands to the United States, commencing the date on which the obligation becomes due. Declares that the running of such period shall not be suspended or tolled by any Federal action except the commencement of a judicial or administrative proceeding to collect the underpayment, or a written agreement between the Secretary of the Interior and a lessee to extend such period. Provides that a lessee's fraud or concealment in an attempt to defeat or evade payment of an obligation shall toll the statute of limitations. (Sec. 3) Requires the Director of the Minerals Management Service to issue a final decision in any administrative proceeding within one year from the date the proceeding commenced. Requires the Secretary to issue a final agency decision in any administrative proceeding within three years from its commencement. Prescribes guidelines for: (1) royalty obligations; (2) royalty overpayments, offsets and refunds; and (3) a six-year mandatory recordkeeping period. (Sec. 6) Modifies the guidelines for royalty interest, penalties, and payments to: (1) permit the Secretary to waive or forego interest; (2) restrict the billing for interest for any net underpayment to not less than one year following the subject reporting month; (3) use the Treasury Current Value of Funds Rate to compute interest due on late payments made by the Secretary and interest owed to lessee overpayment; (4) permit interest to be credited to lessee's net overpayment; and (5) provide a special payment arrangement for leases with minimal production. (Sec. 7) Authorizes the Secretary to impose an assessment of up to $250 for inaccurate reporting of information. Restricts audit and collection requirements for specified minimal oil and gas well production to prohibit the Secretary from conducting: (1) royalty reporting compliance and enforcement activities, levy assessments, or bill for comparisons between royalty reporting and production information; or (2) audits on such leases unless the Secretary has reason to believe that the lessee has not complied with certain payment obligations. (Sec. 9) Amends the Outer Continental Shelf Lands Act (OCSLA) to repeal the 60-day notice requirement placed upon commencement of an action by a private person to enforce compliance with the Act. (Sec. 10) Amends the OCSLA and the Mineral Leasing Act to permit any oil or gas royalty or net profit due the United States to be taken in kind at the Secretary's option. States that delivery of royalty in kind satisfies the lessee's royalty obligation and relieves the lessee of reporting and recordkeeping requirements. Amends OCSLA guidelines governing Federal gas sales to the public to permit the Secretary to sell gas by competitive bidding or private sale (removing the proscription against selling gas to the public at less than fair market value). (Sec. 11) Amends FOGRMA to restrict royalty payment and information requirements. Bars the Secretary from: (1) imposing additional data requirements, including data on allowances, payor information, selling arrangements, and revenue source; and (2) billing for, or collecting comparisons to productions, assessments, or interest on retroactive adjustments for de minimis production. (Sec. 12) Amends FOGRMA to repeal the current statute of limitations governing the recovery of penalties. Amends OCSLA to repeal the guidelines governing refunds or credit granted to a lessee for excess payments. (Sec. 13) Excludes Indian lands from the purview of this Act.
United States · United States Congress · 30 June 1995
Changes the initial month for which cost-of-living increases in military retired pay become payable to March of the following year for those increases which became effective on December 1 of 1993, 1994, or 1995. Expresses the sense of the Congress that any future changes concerning the determination of cost-of-living adjustments should be identical for Federal civilian and military retirees.
United States · United States Congress · 14 June 1995
Partial-Birth Abortion Ban Act of 1995 - Subjects anyone who knowingly performs a partial-birth abortion in or affecting interstate or foreign commerce to a fine or imprisonment for not more than two years or both. Defines "partial-birth abortion" as partial, vaginal delivery of the fetus prior to killing the fetus and completing the delivery. Permits the parents or the maternal grandparents (if the mother has not attained the age of 18 at the time of the abortion) through a civil action to obtain relief which would include money damages for all injuries and statutory damages equal to three times the cost of the partial-birth abortion, even if any party consented to an abortion. Permits the affirmative defense to a prosecution or a civil action, which must be proved by a preponderance of the evidence, that the physician reasonably believed: (1) the procedure was necessary to save the woman's life; and (2) no other form of abortion would have sufficed for that purpose.
United States · United States Congress · 13 June 1995
United States Navy Blue Angels Commemorative Coin Act - Directs the Secretary of the Treasury to issue not more than 500,000 one-dollar coins emblematic of the United States Navy Blue Angels. Provides for specific pricing of the coins, and mandates that all surcharges received from coin sales be used to decrease the national debt.
![Official portrait of Rep. Ortiz, Solomon P. [D-TX-27]](https://www.congress.gov/img/member/o000107_200.jpg)