For the relief of Miron Kharchilava.
United States · United States Congress · 9 November 1995
Waives certain naturalization requirements under the Immigration and Nationality Act with regard to a named individual.
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2,730 records where Rep. Oxley, Michael G. [R-OH-4] is listed as a sponsor, author, or other actor. Search with topics and years
United States · United States Congress · 9 November 1995
Waives certain naturalization requirements under the Immigration and Nationality Act with regard to a named individual.
United States · United States Congress · 2 November 1995
Travel and Tourism Partnership Act of 1995 - Establishes the National Tourism Board to develop a national travel and tourism strategy for increasing U.S. travel and tourism. Establishes the National Tourism Organization as a non-Federal non-profit organization to implement the national travel and tourism strategy. Directs the Secretary of State and the Director of the United States Information Agency (USIA) to: (1) place priority on implementing recommendations by the National Tourism Board; and (2) cooperate with the National Tourism Organization. Authorizes the President to transfer up to 25 staff members of the United States Travel and Tourism Administration to the Foreign Service or the Commercial Service for two years to assist the Organization in its start-up activities. Amends the Export Enhancement Act of 1988 to require the Trade Promotion Coordinating Committee's (TPCC) Federal trade promotion plan to reflect, among other things, recommendations by the National Tourism Board. Makes the President of the National Tourism Organization a member of the TPCC.
United States · United States Congress · 2 November 1995
Designates the Republic of Korea for one year as a visa waiver pilot program country. Requires the Secretary of State and the Attorney General to submit a report to the Congress evaluating such designation.
United States · United States Congress · 30 October 1995
Expresses the sense of the House of Representatives that: (1) in the negotiation of any peace agreement between the parties to the conflict in the Republic of Bosnia and Herzegovina, there should not be a presumption, and it should not be considered to be a prerequisite to the successful conclusion of such a negotiation, that enforcement of such agreement will involve deployment of U.S. armed forces on the ground in the territory of the Republic; and (2) no U.S. armed forces should be deployed on the ground in such territory to enforce a peace agreement until the Congress has approved the deployment.
United States · United States Congress · 24 October 1995
Philanthropy Protection Act of 1995 - Exempts from the jurisdiction of the Investment Company Act of 1940, the Securities Act of 1933, the Securities Exchange Act of 1934, and the Investment Advisers Act of 1940 any security issued by or any interest or participation in any pooled income fund, collective trust fund, collective investment fund, or similar fund maintained by a charitable organization exclusively for the collective investment and reinvestment of certain assets. Includes among such assets those of: (1) a charitable remainder trust or of any other trust the remainder interests of which are irrevocably dedicated to any charitable organization; or (2) a trust the remainder interests of which are revocably dedicated to a charitable organization, subject to specified conditions. Deems such a charitable income fund, in specified circumstances, not to be an investment company under the Investment Company Act of 1940. Amends the Investment Company Act of 1940 to set forth disclosure requirements for exempt charitable organizations. Amends the Securities Exchange Act of 1934 to require solicitors of funds for such exempt charitable organizations to be volunteers or to be engaged in overall fund-raising activities of the organization but receiving no commission or other special compensation based on the amount of donations collected. Exempts such charitable organizations from State regulation in general, and such securities from State registration or qualification requirements in particular. Permits a State to enact a statute that specifically refers to this Act and provides prospectively that this Act does not preempt the laws of such State.
United States · United States Congress · 18 October 1995
TABLE OF CONTENTS: Title I: Remedy Selection and Community Participation Title II: Liability Title III: Brownfields and Voluntary Cleanups Title IV: Natural Resource Damages Title V: State Role Title VI: Federal Facilities Title VII: Miscellaneous Title VIII: Amendments to Oil Pollution Act of 1990 Title IX: Remediation Waste Management Title X: Funding Subtitle A: Expenditures from the Hazardous Substance Superfund Subtitle B: Five-Year Extension of Hazardous Substance Superfund Reform of Superfund Act of 1995 - Title I: Remedy Selection and Community Participation - Amends the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA or Superfund) to add new provisions establishing a national risk protocol. Requires that risk assessments conducted under the Act: (1) provide scientifically objective and unbiased estimates and characterizations which neither minimize nor exaggerate the nature and magnitude of risks to human health and the environment; (2) distinguish scientific findings from other considerations; and (3) be based on relevant and current scientific, technical, and exposure-related information, including epidemiological data, data on bioavailability, and site-specific information. Requires the President to publish guidelines which, among other requirements, define the use of probabilistic modeling, population risk estimates, and approaches for addressing cumulative potential risks posed by multiple contaminants or multiple exposure pathways. Requires further that the guidelines provide methodology for establishing protective exposure levels that are set, to the extent feasible and scientifically appropriate, at the final 90th percentile of exposure probability distribution. Directs the President to conduct a review and assessment of the health effects values and toxicological profiles of 25 specified hazardous substances considered to be carcinogens. Requires publication of the finalized assessment with explanations of assumptions, inferences, models, and other factors. (Sec. 102) Replaces existing remedial action selection provisions with provisions requiring, among other factors, protection from realistic and significant risks through cost-reasonable means. Adds drinking water standards requirements for remedies. Revises standards for protective remedies and the methods of remediation. Requires consideration of the views of Community Assistance Groups in development of certain recommendations. Requires site-specific risk assessments. Establishes revised procedures for consideration of remedial action alternatives and the factors to be balanced in reaching final decisions, including cost-effectiveness, anticipated uses, and site-specific risk assessments. Allows for generic remedies when demonstrated to be effective. Requires the President to consider new procedures for conducting remedial investigations and feasibility studies in an efficient, cost-effective, and timely manner, providing for their inclusion in the next revised National Contingency Plan. Allows a finding of technical impractability on a site-specific analysis basis without a requirement that the remedial measure first be installed and reviewed, unless the analysis is insufficient or inadequate. States that Federal and State procedural requirements shall not apply to response actions conducted on-site. (Current law refers only to permit requirements.) Revises disposal standards. Adds provisions allowing review and comment by States adjoining certain facilities. (Sec. 103) Revises provisions relating to grants for technical assistance to groups affected by release or threatened release of hazardous substances at facilities on the National Priorities List. Sets a funding limit of $20 million annually. Adds provisions for citizen and community participation in the Superfund decisionmaking process. (Sec. 104) Adds provisions establishing Community Assistance Groups (CAGs) to provide views to the President and others on matters related to facility remediation. Limits eligibility for Technical Assistance Grants. (Sec. 105) Adds under the hazard ranking system of the National Contingency Plan for removal of oil and hazardous substances requirements that the President place highest priorities on facilities where there is actual ongoing human exposure at levels of public health concern or demonstrated adverse health effects. (Sec. 106) Removes the requirement for a national registry of serious diseases and illnesses. Specifies that the national registry of persons exposed to hazardous substances is for scientific and public health purposes. Provides that in cases of public health emergencies, exposed persons shall be eligible for referral to accredited medical care providers. (Under current law persons are eligible for admission to Public Health Service facilities.) (Sec. 107) Authorizes the Agency for Toxic Substances and Disease Registry (ATSDR) to conduct health effects studies directly or by cooperative agreements and grants. Allows additional types of research studies by ATSDR. Revises ATSDR health assessment, health studies, information distribution, and other directives. (Sec. 112) Extends emergency removal authority. (Sec. 113) Adds provisions authorizing the President to acquire a hazardous substance easement restricting or controlling the use of land, water, or other natural resources. (Sec. 114) Grants Federal court jurisdiction to review of final decisions regarding the selection of a remedy under CERCLA. Title II: Liability - Amends CERCLA to allow potentially responsible parties (PRPs) to receive a reimbursement from the Fund of 50 percent of cleanup costs incurred after October 18, 1995, for liability due to pre-1987 activity. (Sec. 202) Adds provisions creating liability exemptions and limitations for, among others: (1) pre-1987 de minimis contributors; (2) specified National Priorities List (NPL) municipal landfills; (3) municipal solid waste and sewage sludge, if the person is a homeowner or renter, small business, or small, nonprofit organization; (4) de micromis contributors; (5) facilities acquired by inheritance or bequest; and (6) NPL-site contiguous properties. (Sec. 203) Adds new provisions stating that exemptions and limits of liability shall not apply to any person whose liability is based on an act that was illegal at the time. (Sec. 206) Prohibits the President from amending certain administrative orders or issuing additional orders without a subsequent finding of an imminent and substantial endangerment. Describes sufficient causes. Sets limitations on authority for pre-enactment releases at non-NPL facilities. (Sec. 207) Adds new provisions on allocations at multi-party facilities, describing when EPA shall initiate the allocation process, the process itself, and post-settlement litigation. (Sec. 210) Amends provisions governing liability of response action contractors. (Sec. 211) Adds provisions authorizing the use of annuity contracts or other financial instruments by PRPs to make payments for response costs. Adds authority for PRP challenges to cost recovery components of a settlement under certain circumstances. (Sec. 213) Amends CERCLA to require EPA to offer final covenants not to sue to settling parties who meet certain requirements and pay a premium. Authorizes discretionary covenants not to sue when in the public interest. (Sec. 214) Revises expedited final settlement procedures. (Sec. 215) Adds provisions exempting recyclers from liability if they make certain threshold demonstrations. Applies such exemptions to scrap paper, plastic, glass, rubber (other than whole tires), metal, and batteries. (Sec. 216) Makes information available to the public after 45 days. Amends confidentiality requirements regarding information obtained by EPA. Title III: Brownfields and Voluntary Cleanups - Adds new provisions requiring the Administrator to provide assistance to State voluntary response programs. (Sec. 302) Adds definitions of "owner or operator" for purposes of determining cleanup liability to exclude holders of indicia of ownership who are primarily protecting a security interest but do not exercise responsibility for the handling of hazardous substances. Modifies liability of fiduciaries. Limits liability to actual benefit. (Sec. 303) Requires that the standards developed by the American Society for Testing and Materials be used to determine whether a defendant qualifies as an innocent landholder. (Sec. 304) Adds provisions limiting Federal enforcement actions under CERCLA for States with approved remedial action programs. (Sec. 305) Details conditions under which a bona fide prospective purchaser shall not be considered liable for response costs. Title IV: Natural Resource Damages - Amends CERCLA to define "restoration," "reasonable restoration measures," "cost-effective," "cost-reasonable," "timely," and "baseline condition." Specifies covered damages, limits of liability, and damage measurement conditions. Title V: State Role - Amends CERCLA to add provisions providing that the Administrator may delegate authority to a State to take action at any or all NPL sites within the State, including Federal facilities. Sets eight categories of authority for delegation. Removes 50 percent cost share requirements in State- or local-operated sites, lowering such requirement to ten percent. Allows State petitions for lower cost shares in certain cases. (Sec. 502) Sets caps on yearly additions to the National Priorities List, prohibiting additions entirely by 2003. (Sec. 503) Revises provisions governing State and local reimbursement for response actions. Title VI: Federal Facilities - Revises existing CERCLA provisions governing the State role at Federal facilities. (Sec. 602) Adds provisions allowing Federal facilities on NPL to be designated by the President for research, development, and application of innovative technologies for remedial action at the facility. Prescribes procedures. Requires reports to the Congress. (Sec. 605) Revises provisions regarding the applicability of specified provisions of CERCLA to the U.S. Government. Makes the United States subject to all Federal, State, interstate, and local substantive and procedural requirements, including administrative orders and penalties and fines, and reasonable service charges. States that neither the United States nor any agent, employee, or officer shall be immune from any court process with respect to the enforcement of injunctive relief. (Sec. 608) Requires Federal agencies to conduct annual studies to determine environmental management priorities at NPL facilities and report to Congress. Title VII: Miscellaneous - Revises existing definitions and adds new definitions of terms, including "municipal solid waste" and "construction contractor." (Sec. 703) Requires the EPA Administrator to establish a small business Superfund assistance section within the EPA small business ombudsman office. Assigns specified functions to the section. (Sec. 706) Revises CERCLA report requirements. Title VIII: Amendments to the Oil Pollution Act of 1990 - Amends the Oil Pollution Act of 1990 to require cost-effective restoration of natural resources and to include natural recovery as a means of natural resource restoration. (Sec. 802) Changes current language to include reasonable and necessary costs and other changes in the measurement of damages. (Sec. 803) Requires the issuance of regulations by August 8, 1998, with requirements for damage assessments and the appointment of a lead trustee under the Oil Pollution Act of 1990. (Sec. 804) Adds definitions, including definitions of "cost- effective," "cost-reasonable," and "timely." Title IX: Remediation Waste Management - Amends the Solid Waste Disposal Act to add a new title on remediation waste management. Exempts remediation waste from hazardous waste and other regulation. Applies the exemption to orders, permits, enforceable agreements, or other remedial action plans issued by EPA or a State. Directs that remedies required under the corrective action program be necessary to protect human health and the environment from realistic risks in a cost-effective and cost-reasonable manner. Enumerates five factors to be balanced in selecting remedies. Requires the final remedy to be based on the current use of land, water, and other resources at the site unless there is a substantial probability of different future uses. Prescribes procedures for the certification of State hazardous waste programs for the management of remediation wastes. States that the effect of certification is that remediation waste shall no longer be considered hazardous waste or, under the Toxic Substances Control Act, toxic waste. Provides for the establishment of EPA remediation waste programs in States without certified programs. Prescribes enforcement provisions, imposing criminal penalties for violations involving remediation waste regulations. Amends the Solid Waste Disposal Act to provide that petroleum-contaminated media and debris from cleanup of leaking underground storage tanks that is hazardous due to organic constituents shall not be considered hazardous waste. Title X: Funding - Subtitle A: Expenditures from the Hazardous Substance Superfund - Revises authority to use the Fund for technical assistance grants, worker training, and other activities. Makes funds available for certain response, removal, remediation, and other costs. Limits natural resource damage funds to $50 million per year for FY 1996-1998 and $100 million annually thereafter. Limits funding for certain administration, oversight, monitoring, evaluation, enforcement, and other activities to 25 percent of the total for FY 1996-1998, and 20 percent for FY 1996 and thereafter. Sets specified other limitations on the use of Fund monies. Authorizes appropriations to the Hazardous Substance Superfund through FY 2000. Subtitle B: Five-Year Extension of Hazardous Substance Superfund - Amends the Internal Revenue Code to extend the collection of Superfund taxes through 2000. Increases the aggregate tax which may be collected from $11.97 billion to $22 billion until December 31, 2000. Extends the repayment deadline. Provides additional sources of funds for Superfund.
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 · 11 October 1995
Prisoner Lawsuit Efficiency Act of 1995 - Amends the Federal criminal code to prohibit any action from being brought by a prisoner in the custody of the Federal Bureau of Prisons concerning any aspect of such prisoner's incarceration until any administrative remedy procedures available are exhausted, regardless of the nominal party defendant. Specifies that the fact that the administrative remedies do not include all the possible procedures and forms of recovery that are available in the civil action does not render such remedies inadequate or excuse the failure to exhaust 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 · 13 September 1995
TABLE OF CONTENTS: Title I: Interstate Waste Title II: Flow Control State and Local Government Interstate Waste Control Act of 1995 - Title I: Interstate Waste - Amends the Solid Waste Disposal Act to prohibit a landfill or incinerator from receiving out-of-State municipal solid waste (OSW) for disposal or incineration unless the waste is received pursuant to a new (entered into on or after enactment of this Act) or existing host community agreement or an exemption from this prohibition (which may be limited by the State, as provided in this Act). Requires owners or operators to make specified information regarding the landfill or incinerator (facility) available prior to seeking authorization from an affected local government to receive such waste pursuant to a new host community agreement. Sets forth other formal requirements for the authorization process, including those for notification of the State, contiguous local governments, and contiguous Indian tribes. Requires, for an exemption, that the owner or operator provide either information establishing that: (1) the owner or operator of the facility received before enactment of this Act a State permit specifically authorizing acceptance of the waste; or (2) the facility received shipments of such waste during 1993, and such information is in such documented form as would result in criminal penalties under State law in case of false or misleading information. Authorizes States to establish limits on the amount of OSW received annually for disposal at each facility pursuant to an exemption for documented shipments (under paragraph (2), above) and affected local governments to limit the amount received at a particular facility pursuant to such an exemption. Sets the limitation amount for any facility that began receiving documented OSW before enactment of this Act at the amount received during 1993. Authorizes States that imported more than 750,000 tons of such waste in 1993, in lieu of this freeze, to establish limits for calendar years after 1996 that are percentages of the waste received during 1993, beginning with 85 percent in 1997 and declining to 50 percent after 2000. Allows any comprehensive solid waste management plan approved under Federal or State law and any implementation of such plan through the State permitting process to take into account local regional needs for solid waste disposal capacity. Allows an affected local government to determine that there is no need for a new landfill or incinerator or major modification at an existing facility under its jurisdiction, but prohibits a plan from expressly prohibiting importation of solid waste from out of State. Declares that prohibitions, limitations, and the planning and permitting processes under, and laws and regulations implementing, this Act shall not be considered to impose an undue burden on or to otherwise impair, restrain, or discriminate against interstate commerce. Requires owners or operators of facilities to annually report to Governors of the States in which the facilities are located the amount of OSW received during the preceding year. Title II: Flow Control - Authorizes States and political subdivisions to exercise flow control authority for municipal solid waste and recyclable materials voluntarily relinquished by the owner or generator (recyclables), directing such waste and materials to particular waste management or recyclables facilities designated and in operation on May 15, 1994, if: (1) the waste and recyclables are generated within the jurisdictional boundaries of the State or subdivision, determined as of May 15, 1994; and (2) such authority is imposed through the adoption or execution of a law, regulation, or other legally binding provision or official act of the State or subdivision that was in effect on May 15, 1994, or would have been in effect on such date but for the issuance of an injunction or other court order based on a ruling that the law or provision violated the Commerce Clause of the Constitution. Permits the exercise of such authority for only the classes or categories of waste or recyclables to which flow control authority was applicable on May 15, 1994, or immediately before the effective date of an injunction or other court order referred to above and only if the facility received municipal solid waste in those classes or categories prior to May 15, 1994, or the effective date of the injunction or court order. Authorizes States and political subdivisions to exercise such authority with respect to facilities other than those designated and in operation on May 15, 1994, if, in addition, the State or subdivision has taken one or more of specified actions (relating to permits, execution of contracts and agreements, and presentation of revenue bonds) prior to such date to commit to the designation of such facilities. Sets limits on the duration of flow control authority. Permits States or political subdivisions, upon the request of a municipal solid waste or recyclables generator, to authorize the diversion of waste generated by such generator to a solid waste facility other than the designated facility. Prohibits a State or local government from requiring any generator or transporter to transport, or deliver for transportation, such waste or materials to any site listed on the National Priorities List established under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, unless the generator or transporter has been indemnified by the government against all liability under that Act with respect to such materials. Directs the Administrator of the Environmental Protection Agency to study and report to the Congress on the extent to which the Supreme Court decision in C & A Carbone v. Clarkstown, New York has affected the ability of public and private entities to secure or retain financing for solid waste management facilities or services and is likely to interfere with the implementation of State solid waste management plans, recycling, or composting.
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 · 6 September 1995
Requires a constitutional authority clause to follow the enacting clause of any Act of Congress or the resolving clause of any joint resolution. Requires a similar clause before each title, section, subsection, or paragraph which relies on a different constitutional provision.
United States · United States Congress · 4 August 1995
National Foundation on Physical Fitness and Sports Establishment Act - Establishes the National Foundation on Physical Fitness and Sports as a charitable, nonprofit corporation to promote participation by private organizations in the activities of the President's Council on Physical Fitness and Sports (Council). Subjects to a civil action by the Foundation for the remedies provided in the Trademark Act of 1946 any person who, without the consent of the Foundation in conjunction with the Council, uses for the purpose of trade, to induce the sale of any goods or services, or to promote any theatrical exhibition, athletic performance, or competition: (1) the Council's or Foundation's official seal; or (2) any trademark, trade name, sign, symbol, or insignia falsely representing association with, or authorization by, the Council or Foundation. Allows the Foundation, in conjunction with the Council, to authorize contributors and suppliers of goods or services to use such trade name, trademark, seal, symbol, insignia, or emblem in advertising under specified conditions. Authorizes appropriations.
United States · United States Congress · 4 August 1995
Restricts the authority of the Environmental Protection Agency to control the production, importation, or export of methyl bromide for pesticide use consistent with requirements and obligations of the Montreal Protocol.
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
Ohio & Erie Canal National Heritage Corridor Act of 1995 - Establishes the Ohio & Erie Canal National Heritage Corridor in Ohio. Authorizes the Secretary of the Interior to establish the Ohio & Erie Canal National Heritage Corridor Advisory Commission to assist Federal, State, and local authorities and the private sector in the preparation and implementation of an integrated Corridor Management Plan (Plan) for the conservation, funding, management, and development of the Corridor. Requires the Commission to submit a recommendation to the Secretary for designation of a management entity for the Corridor. Directs such entity to develop and submit the Plan to the Commission for review. Directs the Commission, after endorsing the plan, to submit it to the Secretary for approval. Requires the entity: (1) in developing and implementing the Plan, to consider the interests of diverse units of government, businesses, private property owners, and nonprofit groups; (2) to conduct public meetings at least quarterly regarding Plan implementation; and (3) to submit annual reports to the Secretary. Directs the Commission to annually review the management entity's proposed expenditures of Federal funds for consistency with the purposes of this Act and the Plan. Sets forth provisions concerning the management entity's: (1) eligibility requirements of legal ability to receive and disburse Federal funds; (2) authorization to receive Federal funding to carry out this Act; (3) disqualification to receive such funds if the Plan is not submitted within the prescribed time; (4) authority to use the funds for purposes of preparing and implementing the Plan; (5) eligibility for financial assistance over three years for operating costs and six years for development costs; and (6) prohibition against using such funds to acquire real property. Continues the designation of the Corridor unless the Secretary: (1) determines that its use, condition, or development is incompatible with the purposes of this Act or that the management entity has not made reasonable and appropriate progress in preparing or implementing the Plan; and (2) notifies the Congress that the Corridor designation should be withdrawn. Authorizes the Secretary, on request of the management entity, to provide technical assistance to units of government, nonprofit organizations, and other persons regarding the Plan and its implementation. Prohibits the Secretary from requiring recipients of such assistance to enact or modify land use restrictions. Authorizes the Superintendent of the Cuyahoga Valley National Recreation Area, on request, to provide to public and private organizations within the Corridor such operational assistance as appropriate to support the implementation of the Plan. Provides that nothing in this Act: (1) modifies any authority of Federal, State, or local governments to regulate any use of land; (2) grants powers of zoning or land use control to the Commission or management entity; (3) affects or authorizes the Commission to interfere with the rights of persons with respect to private property or any local zoning ordinance or land use plan of Ohio or a political subdivision; or (4) diminishes Ohio's authority to manage fish and wildlife. Limits the Federal contribution to the management entity to not more than: (1) 50 percent of the total cost of the entity's annual operating costs attributed to preparation and implementation of the Plan; and (2) 30 percent of the total cost of the entity's annual development costs attributable to the implementation of such Plan. Authorizes appropriations.
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 · 1 August 1995
Wamp Congress Act of 1995 - Amends the Federal Election Campaign Act of 1971 to: (1) place equal ($2000) contribution limits on multicandidate political committees and other persons generally; and (2) limit House of Representatives election contributions from persons other than in-State individual residents.
United States · United States Congress · 27 July 1995
Equal Opportunity Act of 1995 - Prohibits discrimination or preferences in Federal employment and contracting on the basis of race, color, national origin, or sex, or entering into a consent decree requiring, authorizing, or permitting any such discrimination or preference. Prohibits construing this Act to prohibit or limit: (1) employment recruiting or encouraging contract bidding or requiring or encouraging Federal contractors to so recruit or encourage, if the recruiting or encouraging does not involve a numerical objective or otherwise granting a preference; (2) any act designed to benefit historically Black colleges or universities; (3) any action under a Federal law or treaty relating to the Indian tribes; or (4) classifications based on sex if sex is a bona fide occupational qualification reasonably necessary to the normal operation of the Government, contractor, or subcontractor, the classification is designed to protect privacy, a U.S. national security interest is involved, or the classification is applied regarding an armed forces member on active duty in a theatre of combat operations. Allows as remedies only injunctive or equitable relief (including back pay), attorney's fees, and costs.
United States · United States Congress · 27 July 1995
Capital Markets Deregulation and Liberalization Act of 1995 - Amends the Securities Exchange Act of 1934 to include among the prerequisites to registration as a national securities exchange or association that the rules of the organization will not confer responsibility upon a broker or dealer for the investment decisions of an institutional client unless an agreement in writing has been executed to that effect. (Sec. 2) Establishes a rebuttable presumption that a broker or dealer is not liable for the investment decisions of an institutional client. (Sec. 3) Amends the Securities Act of 1933 to exempt securities offerings, with specified exceptions, from State law. Amends the Securities Exchange Act of 1934 to exempt persons registered with the SEC, with specified exceptions, from State law governing: (1) registration, licensing, or qualification requirements; or (2) broker or dealer capital, records, or financial reporting requirements that differ from SEC requirements. Permits State registration, licensing, and qualification requirements (including fees) if: (1) the State performs its procedures though a central registration depository system operated by a national securities association; and (2) the State's requirements are substantially similar to the registration requirements of the Securities and Exchange Commission (SEC), and do not conflict with them. Amends the Investment Company Act of 1940 and the Investment Advisers Act of 1940 to grant the SEC exclusive jurisdiction over all securities, attendant transactions, and persons to whom such Acts apply. (Sec. 4) Amends the Securities Exchange Act of 1934 to repeal the statutory percentage formula for margin requirements. Exempts certain excluded accounts from margin requirements. Precludes a national securities exchange or association from imposing any limitation upon the extension of credit more restrictive than that imposed by the Board of Governors of the Federal Reserve System (the Board). Repeals the restrictions on borrowing placed upon a securities broker or dealer relating to the use of credit to finance securities transactions in the ordinary course of business. Repeals the exemption of mortgage and small business related securities whose delivery is delayed for bona fide reasons from the proscription against broker-dealer extensions of credit to purchase securities with which the broker-dealer has specified connections. Grants the SEC exemption authority with respect to credit restrictions governing securities transactions. (Sec. 5) Repeals the disclosure requirements placed upon: (1) a five percent equity shareholder; (2) the purchase by an issuer of its own securities in compliance with SEC rules to prevent fraud, deception, or manipulation; (3) the making of a tender offer by a party who would consequently become a more than five percent shareholder; and (4) certain persons subsequently designated as majority directors as a result of such tender offer. Repeals the mandatory fee structure for the filing of preliminary proxy materials. (Sec. 6) Amends the Securities Act of 1933 to: (1) remove securities sale confirmations from the meaning of "prospectus"; and (2) modify the requirement that a prospectus be delivered to a purchaser or prospective purchaser of securities, to require delivery only if requested. Grants the SEC exemptive authority with respect to the prospectus delivery requirement. (Sec. 7) Increases from $5 million to $15 million the maximum asset-size of public offerings which may be exempted from the Act's purview. Revises the SEC's exemptive authority regarding registration requirements. (Sec. 8) Amends specified securities laws to direct the SEC to consider whether an action will promote efficiency, competition, and capital formation whenever it is required to consider the impact of an action upon consumer protection. (Sec. 9) Amends the Securities Exchange Act of 1934 to reduce SEC membership from five to three commissioners. (Sec. 10) Directs the SEC to request, by public notice, proposals for the privatization of the EDGAR system. (Sec. 11) Amends the Securities Exchange Act of 1934 to modify the timetable for public notice of a proposed rule change by a self-regulatory organization. (Sec. 12) Instructs the SEC to designate a self-regulatory organization as its examining authority for each registered broker or dealer. (Sec. 13) Amends the Securities Act of 1933 to exclude certain press conferences, press releases, and certain meetings with issuer press spokespersons (including meetings with journalists for on-line services) from the definition of: (1) "offer to buy"; and (2) prospectus. (Sec. 14) Repeals the Trust Indenture Act of 1939.
United States · United States Congress · 19 July 1995
Sentencing Amendment Disapproval Act of 1995 - Disapproves amendments submitted by the U.S. Sentencing Commission to the Sentencing Guidelines relating to the equalization of crack and cocaine powder quantities.
United States · United States Congress · 13 July 1995
George Washington Commemorative Coin Act of 1995 - Requires the Secretary of Treasury to mint and issue five-dollar gold coins emblematic of George Washington. Mandates that the design for the coins be: (1) selected by the Secretary after consultation with the Mount Vernon Ladies' Association and the Commission of Fine Arts; and (2) reviewed by the Citizens Commemorative Coin Advisory Committee. Provides for the distribution of coin sale surcharges to the Mount Vernon Ladies' Association.
United States · United States Congress · 13 July 1995
Land Disposal Program Flexibility Act of 1995 - Amends the Solid Waste Disposal Act to exempt from land disposal restrictions solid waste identified as hazardous based on characteristic alone, but which no longer exhibits such characteristic prior to land disposal, and which was so characterized: (1) as part of a treatment or disposal system prior to its discharge through a point source regulated under the Clean Water Act; (2) prior to and including injection into any Class I deep well regulated under safe drinking water provisions of the Public Health Service Act; or (3) under a zero-discharge system that the Administrator of the Environmental Protection Agency (EPA) determines to be engaging in Clean Water Act-equivalent treatment. Makes certain groundwater monitoring requirements inapplicable to new or existing municipal solid waste landfill units or lateral expansions of such units that dispose of fewer than 20 tons of municipal solid waste daily, based on an annual average, if: (1) there is no evidence of groundwater contamination from such units or expansions; and (2) the units or expansions serve a community that experiences an annual interruption of at least three consecutive months of surface transportation that prevents access to a regional waste management facility or that has no practicable waste management alternative and such units are located in an area that annually receives 25 inches of precipitation or less. Permits States to require monitoring of units that would otherwise be exempt if necessary to protect groundwater resources and ensure compliance with a State groundwater protection plan. Allows the suspension of groundwater monitoring requirements if a landfill operator demonstrates that there is no potential for migration of hazardous constituents from the unit to the uppermost aquifer during the active life of the unit and the post-closure care period. Declares that it is the intent of this Act to reinstate EPA rules promulgated on October 9, 1991, regarding groundwater monitoring at municipal solid waste landfill units. Revises provisions regarding responsibility for underground storage tanks over which the Federal Government has jurisdiction to state that requirements applicable to the Government include (but are not limited to) requirements regarding permits, reporting, injunctive relief, sanctions, all administrative orders, and all civil and administrative penalties and fines. Waives expressly any otherwise applicable immunity of the United States with respect to any such requirement. Makes employees or agents of the United States immune from personal liability for any civil penalty with respect to an act or omission regarding an underground storage tank but subjects such persons to criminal sanctions. Makes criminal sanctions inapplicable to Government agencies. Authorizes the EPA Administrator to commence administrative enforcement actions against Government agencies in the same manner and under the same circumstances as an action would be initiated against any other person. Requires States to use funds collected from the Federal Government as penalties and fines resulting from underground storage tank violations only for environmental protection projects or to defray the costs of environmental protection or enforcement.
United States · United States Congress · 11 July 1995
Amends the Agricultural Adjustment Act of 1938 and the Agricultural Act of 1949 to repeal respective peanut quota and price support programs.
United States · United States Congress · 30 June 1995
Life Extending and Life Saving Drug Act - Amends the Federal Food, Drug, and Cosmetic Act (FDCA) to declare that the mission of the Food and Drug Administration (FDA), with regard to drugs, biological products, and devices, is to promote and protect the health of the American people. (Sec. 3) Declares that investigations to show a new drug or biological product is safe and effective shall be required to be performed using products manufactured at a full-scale commercial facility only if necessary. Mandates actions to harmonize FDCA requirements for preclinical and clinical investigations with similar foreign laws through the International Conference on Harmonization. (Sec. 4) Amends the Public Health Service Act to revise requirements regarding the regulation of biological products. Regulates tissue, blood, and blood components and derivatives separately. Mandates approval of product license applications on a demonstration that there is reasonable assurance that the product is safe and effective. Specifies license requirements. Mandates standards for tissue, blood, and blood components or derivatives. (Sec. 5) Amends the FDCA to mandate regulations regarding good manufacturing practices applicable to drugs and biological products, including establishing requirements for submissions of changes in manufacturing practices. (Sec. 6) Modifies the definition of "substantial evidence" as used in provisions relating to refusal, approval, withdrawal, or suspensions of approval of new drug applications. (Sec. 7) Allows submission for approval of a new drug based on an evaluation by a domestic nongovernmental organization following approval of the drug, after enactment of this Act, by the European Medicines Evaluation Agency, the United Kingdom Medicines Control Agency, or any competent governmental or nongovernmental organization, established to evaluate the safety and effectiveness of drugs, that meets general criteria established by the Secretary of Health and Human Services. (Sec. 8) Amends provisions relating to investigational use of new drugs to allow a clinical study of a new drug to be begun after the Secretary has received a notification containing information about the drug and the study. Limits the required contents of notifications. Allows clinical holds only on a demonstration that the drug represents an unreasonable risk to the safety of study subjects. (Sec. 9) Limits the required contents of new drug applications. Requires, with agreement of the applicant, review by contract with outside organizations or individuals. Mandates application review standards. Limits changing of advice to a sponsor or applicant. Prohibits field changes to written decisions of, or field delay of actions by, the center for drugs and the center for biologics. (Sec. 10) Authorizes a program to contract, in whole or significant part, to conduct toxicology reviews, chemistry reviews, statistical analysis, preapproval manufacturing practice inspections, clinical reviews, and any other FDA function relating to the review and approval of drugs and devices. Provides for certification of qualified individuals and laboratories. Requires approval under new drug and premarket approval provisions if the certified contractor review determines that a drug or device meets all approval requirements. Declares that review of a new drug or device or of a biological product shall not include an environmental impact review under the Environmental Quality Improvement Act of 1970. (Sec. 11) Requires FDA research relating to drugs, devices, and biological products, authorized under specified provisions of the FDCA and the Public Health Service Act, to directly relate to the review and approval of drugs, devices, and biological products. Allows the FDA, in conducting such research, to collaborate with scientific institutions and the drug and device industry. Requires any research conducted by or for the FDA to be solely related directly to the regulatory mission or professional staff development related to that mission. Limits the research to the minimum necessary to achieve those purposes. (Sec. 12) Establishes in the office of the Assistant Secretary for Health a permanent commission responsible for broad oversight of the policy and performance of the FDA. (Sec. 13) Establishes in the FDA a drug and biologics policy appeals committee, consisting of the directors and deputy directors of each of the center for drugs and the center for biologics, to hear and consider any dispute raised by an individual wishing to contest a drug or device policy matter. Mandates establishment of standing panels of qualified experts who are not Federal, State, or local government employees to hear appeals by individuals who have exhausted their informal appeals in the FDA. Requires a procedure assuring immediate access to the panel and prompt panel conclusions and recommendations. (Sec. 14) Revises requirements regarding a food, drug, device, or cosmetic intended for export, including regarding new drugs and biological products. Repeals provisions relating to exports of certain unapproved products.
United States · United States Congress · 30 June 1995
Prohibits the authorization of appropriations to the Administrative Office of the United States Courts for death penalty resource centers beginning in FY 1996.
United States · United States Congress · 30 June 1995
Independent Contractor Tax Simplification Act of 1995 - Amends the Internal Revenue Code to provide that, for purposes of determining the employment status of individuals as employees, a service provider shall not be treated as an employee, a service recipient shall not be treated as an employer, and a payor shall not be treated as an employer if: (1) a service provider has a significant investment in assets and training, incurs significant unreimbursed expenses, agrees to perform the service for a specified amount of time or to complete a specific result and is responsible for damages for early termination without cause, receives payment primarily on a commission basis, or has purchased resale products; (2) the service provider has a principal place of business, does not primarily provide service in the service recipient's place of business, or pays a fair market rent for use of the recipient's place of business or does not have to perform service only for the service recipient and, in the current year or in the proceeding or subsequent years, has performed or has offered to perform a significant amount of service for other persons; and (3) the services by an individual are performed according to a written contract between the service recipient or payor which provides that the individual will not be treated as an employee.
United States · United States Congress · 28 June 1995
Parental Rights and Responsibilities Act of 1995 - Prohibits any Federal, State, or local government or any official of such a government from interfering with or usurping the right of a parent to govern the upbringing of a child of the parent. Disallows any exception to this Act unless the government or official is able to demonstrate, by appropriate evidence, that such interference or usurpation is valid to accomplish a compelling government interest, in which case only the least amount of interference may be used.
United States · United States Congress · 20 June 1995
Amends the Communications Act of 1934 to prohibit Federal Communications Commission (FCC) regulations from requiring an employer to replace or retrofit telephones to meet FCC hearing aid compatibility requirements if such telephones: (1) were in use before August 16, 1989; (2) are located in noncommon areas of the workplace; and (3) are not coin-operated telephones or telephones for emergency use purposes.
United States · United States Congress · 14 June 1995
Safety and Health Improvement and Regulatory Reform Act of 1995 - Amends the Occupational Safety and Health Act of 1970 (OSHA) to revise provisions for OSHA standards. Requires promulgation and modification of such standards to be based of certain analyses and criteria, including a specified type of regulatory impact analysis, as well as a risk assessment and a cost-benefit analysis which are industry-specific. (Sec. 2) Repeals provisions for separate rules for toxic materials or harmful physical agents. Deems a variance to have been issued as of the date the application for it was filed,if the Secretary has failed to approve or disapprove such application within 90 days of such filing (unless the Secretary of Labor and the applicant agree to a longer period). Sets forth requirements relating to such regulatory impact analyses (both a preliminary and a final one), risk assessments, and cost-benefit analyses. Directs the Secretary, within seven years of the effective date of this Act, to review each OSHA standard in effect as of such effective date under specified criteria, and to modify or revoke such standards as appropriate. Allows each person affected by a promulgated OSHA standard to petition the Secretary to modify or revoke such standard pursuant to this review process. Sets forth substantive and procedural requirements relating to such provisions. Repeals the mandate that, in determining the priority for establishing OSHA standards, the Secretary give due regard to: (1) the urgency of the need for such standards for particular industries, trades, crafts, occupations, businesses, workplaces, or work environments; and (2) the recommendations of the Secretary of Health and Human Services regarding such need. Directs the Secretary, upon determining that a rule should be promulgated or modified to serve OSHA objectives, to appoint an independent and external peer review panel to review the scientific and economic data which forms the basis for such standard and such data's relevance to industries and workers that would be affected by it. (Sec. 3) Revises provisions for notices of violations and citations. Directs the Secretary to give notices of violations, with specified periods for abatement (at least 30 days, except that a reasonable shorter period may be ordered if the condition constitutes a direct threat to employees). Authorizes the Secretary to issue citations after a follow-up inspection if the violation remains and the abatement period has expired. Provides that such notice of a violation before issuance of a citation shall not be required in cases of alleged violations causing death or serious injury, or constituting an imminent danger, to an employee. (Sec. 4) Directs the Secretary to establish an office to promote, administer, and coordinate the following worksite-based incentives programs and activities. Exempts from general OSHA inspections workplaces which: (1) the employer certifies have been reviewed under a Federal-State consultation services program or a workplace review provided by a certified person; or (2) the Secretary chooses to certify as having significant involvement of their employees in their safety and health program. Directs the Secretary to establish programs to: (1) certify persons to conduct such reviews; (2) give special recognition (including exemption from random OSHA inspections) to worksites, companies, and other organizations which have implemented particularly effective programs addressing occupational safety and health in the workplace; and (3) provide education, training, and technical assistance to employers and employees in providing safe and healthful workplaces and complying with OSHA requirements. Reserves at least one-half of the annual appropriation under OSHA for such worksite-based incentives programs, effective in the first fiscal year beginning three years after the effective date of this Act. (Sec. 5) Makes certain restrictions under the National Labor Relations Act and the Railway Labor Act inapplicable to employee participation on certain committees, teams, or other arrangements dealing with employers concerning health and safety of working conditions or related matters. (Sec. 6) Revises provisions for inspections. Revises provisions relating to employee requests for inspections to: (1) eliminate such requests by employee representatives; and (2) make a special inspection discretionary rather than mandatory, while having the Secretary make an inquiry with the employer, upon determination that there are reasonable grounds that the alleged violation or danger exists and that the employer has failed to correct it. Requires that certain inspections be conducted by at least one individual who has technical expertise by training or experience in the industry or types of hazards being inspected. Directs the Secretary to: (1) enter into agreements with other Federal agencies and with States to train inspection personnel of agencies which inspect employers to inspect places of employment to determine if employee fire protection is adequate; and (2) establish a system for referral of fire hazards to the Secretary after notification to the employer, if the employer fails to take corrective actions. Prohibits the Secretary from conducting routine inspections of (or enforcing any OSHA standard, rule, regulation, or order with respect to): (1) any person engaged in a farming operation that does not maintain a temporary labor camp and is employing ten or fewer employees; and (2) any employer of not more than 50 employees that has an occupational injury or a lost work day rate less than the national average. Sets forth certain exceptions from such exemption. (Sec. 7) Adds employer defenses of employee misconduct, or alternative safe methods, or other inconsistent or conflicting requirements. (Sec. 8) Revises OSHA penalties. Eliminates provisions relating to willful and repeated violations. Directs the Occupational Safety and Health Review Commission to: (1) assess all civil penalties, giving due consideration to their appropriateness with respect to specified factors; and (2) not assess a penalty greater than that proposed by the Secretary. Allows reduction of a civil penalty by the cost to the employer of correcting the violation. Authorizes the Secretary to propose that a special assessment penalty of up to ten times greater be applied in the circumstances of employee fatalities, or an excessive history of serious injuries to employees, caused by violations of certain OSHA standards. Prohibits penalties where no standard or regulation exists. Provides for jurisdiction for prosecution under State and local criminal laws. (Sec. 9) Revises enforcement procedures with respect to Commission review of the Secretary's citations or proposed penalties for employers. Revises judicial review provisions to require upholding, if reasonable, of the Commission's conclusions of law with respect to the construction of OSHA, or regulations, rules, standards, or orders adopted under OSHA. Increases Commission membership from three to five, and quorums from two to three members. Requires at least one Commission member to have expertise or experience in mining. Revises provisions for Commission hearings and records to provide that, if the parties so agree, there shall not be required any formal proceedings, including requests for production of documents or requests for admissions, interrogatories, or depositions. (Sec. 10) Repeals OSHA provisions for: (1) the National Institute of Occupational Safety and Health (NIOSH), thus abolishing it; (2) NIOSH research and related activities; and (3) NIOSH training and employee education activities. (Sec. 11) Repeals OSHA provisions relating to the already terminated National Commission on State Workmen's Compensation Laws. (Sec. 12) Revises OSHA conditions for approval of State plans. Makes certain conditions inapplicable if the State has adopted alternative performance measures to assure that its program is at least as effective as the Federal program in assuring safe and healthful employment and places of employment. (Sec. 13) Revises procedures for discrimination protection for whistle-blowers under OSHA. (Sec. 14) Provides for OSHA coverage of Federal agencies. (Sec. 15) Repeals provisions for separate occupational safety and health programs for Federal agencies. (Sec. 16) Authorizes employers to establish alcohol and substance abuse testing programs where there is a reasonable probability that any employee's safety or health could be endangered because of use of alcohol or a controlled substance in the workplace. Requires such programs to conform to specified Federal guidelines. Allows employer pre-employment testing for alcohol or substance abuse under specified circumstances. Authorizes the Secretary to test employees for use of alcohol or controlled substances during any investigation of a work-related fatality or serious injury. (Sec. 17) Repeals titles I, II, III, and V of the Federal Mine Safety and Health Act of 1977 (FMSHA). Transfers the functions, responsibilities, and authorities of: (1) the Mine Safety and Health Administration to the Assistant Secretary of Labor for Occupational Safety and Health; and (2) the Federal Mine Safety and Health Review Commission to the Occupational Safety and Health Review Commission. Deems FMSHA standards to have been promulgated under OSHA. Prohibits the Secretary from enforcing any other standards promulgated prior to the effective date of this Act, with respect to activities, conditions, or processes which were subject to FMSHA. Repeals specified parts of the Code of Federal Regulations (CFR). Prohibits requirements of a specified part of CFR from being enforced with respect to any sand, gravel, surface stone, surface clay, colloidal phosphate, or surface limestone mine. Establishes OSHA requirements for mine safety inspections, enforcement orders, and penalties. Requires the National Mine Health and Safety Academy to be: (1) maintained as an agency of the Department of Labor; and (2) responsible for training of mine safety and health inspectors and technical support personnel, and for any other training programs for mine inspectors, mining personnel, or other personnel designated by the Secretary. (Sec. 18) Revises specified OSHA provisions for recordkeeping, reporting, and statistics. (Sec. 19) Adds definitions of the terms "serious injury" and "industry." (Sec. 20) Directs the Secretary to: (1) report annually to the Congress regarding activities under OSHA, including recommendations to avoid unnecessary duplication and to achieve coordination with other Federal laws; and (2) provide for a means for certification of equipment safety, to be conducted by nongovernmental agencies, unless such agencies with professional or technical personnel or materials and equipment are not available.
United States · United States Congress · 13 June 1995
Family Medical Savings and Investment Act of 1995 - Amends the Internal Revenue Code to allow an individual covered under a catastrophic coverage health plan a tax deduction for contributions to a medical savings account. Defines an eligible individual as one who is covered under a catastrophic health plan at any time during such month and is not covered by any other health plan.
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 · 7 June 1995
TABLE OF CONTENTS: Title I: Purpose and Repeal of Data Bank Title II: Administrative Simplification Title III: Effective Dates Health Information Modernization and Security Act - Title I: Purpose and Repeal of Data Bank - Amends title XI of the Social Security Act (SSA) and other specified law to repeal the Medicare and Medicaid Coverage Data Bank and associated provisions on the identification of Medicare secondary payer situations when the Secretary of Health and Human Services notifies the Congress that the Bank is no longer necessary because of the operation of the health information network established pursuant to title II of this Act. Title II: Administrative Simplification - Amends SSA title XI to add a new part C (Administrative Simplification) for development of an electronic network for: (1) processing health care information consistent with the goal of improving the operation of the overall health care system; and (2) reducing related administrative costs through the Secretary's adoption of certain standards for information transactions (including enrollment, disenrollment, claims attachments, and coordination of benefits) and data elements as well as standards relating to security and privacy, and performance of tasks pursuant to specified requirements, assisted by a new Health Information Advisory Committee established by this Act. Provides penalties for violations of standards or requirements under this Act, including those involving information transactions and security and privacy. Directs the Secretary to recommend to the Congress a plan for developing and implementing uniform data standards for patient medical record information and its electronic exchange. Authorizes the Secretary to make grants for demonstration projects to promote the development and use of electronically integrated clinical information systems and computerized patient medical records. Authorizes appropriations. Title III: Effective Date s - Specifies the effective date of this Act.
United States · United States Congress · 25 May 1995
Amends the Fair Debt Collection Practices Act to make it a violation of such Act for the debt collector to fail to disclose the attempt to collect a debt in the first written communication with a consumer (currently, in all communications made to collect a debt). Requires that the consumer notify the debt collector in writing of any dispute within thirty days of receiving a debt notice or the debt will automatically be considered valid. Allows the debt collector to: (1) demand payment of a debt, and attempt to collect it, within the thirty days after giving the consumer notice; and (2) obtain information concerning location, income, asset, or credit of the consumer from any person besides the consumer's lawyer if the lawyer refuses to provide such information. Declares that such Act provides no remedy, liability, or penalty for violations of State law. Excuses a debt collector from liability for violations of such Act resulting from the use of a form of written communication approved by any State or Federal agency. Requires a court, in determining whether a debt collector has failed to comply with such Act, to consider the effect of any act or omission of the debt collector upon a reasonable person.
United States · United States Congress · 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 · 12 May 1995
TABLE OF CONTENTS: Title I: Cancellation and Suspension Title II: Minor Use Crop Protection Act of 1995 Title III: Data Collection Activities to Assure the Health of Infants and Children and Other Measures Title IV: Amendments to the Federal Food, Drug, and Cosmetic Act Food Quality Protection Act of 1995 - Title I: Cancellation and Suspension - Amends provisions of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) relating to cancellations, changes in classifications, or other terms of registration with respect to the authority of the Administrator of the Environmental Protection Agency. Requires that a rulemaking under such provisions be based on a validated test or other significant evidence raising prudent concerns of unreasonable adverse effects to man or to the environment. Denies registration applications that are not in compliance with this Act. Title II: Minor Use Crop Protection Act of 1995 - Minor Use Crop Protection Act of 1995 - Amends FIFRA to define "minor use" as the use of a pesticide on an animal or commercial agricultural crop or site or for public health protection where: (1) the total U.S. acreage for the crop is less than 300,000 acres; or (2) the Administrator determines that the use does not provide sufficient economic incentive to support the initial or continuing registration of a pesticide for such use and there are insufficient alternatives available for the use, the alternatives pose greater environmental or health risks, or the pesticide plays or will play a significant part in managing pest resistance or in an integrated pest management program. Extends the period of exclusive data use for data submitted to support original registration applications for pesticides for an additional year for each three minor uses registered after this Act's enactment and before the expiration of the period of exclusive use, up to a total of three additional years for all minor uses registered by the Administrator if the Administrator determines that: (1) there are insufficient alternatives available for the use or the alternatives pose greater environmental or health risks; or (2) the pesticide plays or will play a significant part in managing pest resistance or in an integrated pest management program. Requires the Administrator, upon the request of a registrant, to extend the deadline for the production of residue chemistry data required solely to support a minor use subject to specified conditions. Applies the same extension conditions to data for reregistrations. Authorizes the Administrator to modify or revoke such extensions if the use may cause unreasonable adverse environmental effects. Permits the Administrator, in handling the registration of a pesticide for a minor use, to waive applicable data requirements if the absence of data will not prevent the Administrator from determining the risk presented by the pesticide and that the risk would not have an adverse environmental effect. Provides for expedited review (within one year of submission) of applications to support minor use pesticide registrations. Sets forth conditions for extensions of registrations for unsupported minor uses. Provides a procedure for meeting data requirements where a registrant has voluntarily cancelled a registration and another application is pending for registration of a pesticide that is for a minor use and is identical or substantially similar to, or for an identical or substantially similar use as, the cancelled pesticide. Directs the Administrator to establish a minor use program. Directs the Secretary of Agriculture to establish a Department of Agriculture minor use program and a separate matching fund program. Requires the matching fund program to be utilized to ensure the continued availability of minor use crop protection chemicals. Authorizes appropriations. Title III: Data Collection Activities to Assure the Health of Infants and Children and Other Measures - Directs the Secretary of Agriculture, in consultation with the Administrator and the Secretary of Health and Human Services, to coordinate the development and implementation of survey procedures to ensure collection of adequate data on food consumption patterns of infants and children. Requires residue surveillance activities of the Department of Agriculture to provide for the improved surveillance of pesticide residues, including increased sampling of foods most likely consumed by infants and children. Directs the Secretary of Agriculture to: (1) collect pesticide use data of statewide or regional significance for all the major crops and crops of dietary significance; and (2) in cooperation with the Administrator, implement research, demonstration, and education programs to support adoption of integrated pest management. Requires Federal agencies to use and promote integrated pest management techniques. Title IV: Amendments to the Federal Food, Drug, and Cosmetic Act - Amends the Federal Food, Drug, and Cosmetic Act (FDCA) to redefine "pesticide chemical," subject to exception, as any substance that is a pesticide, or any active ingredient thereof, within the meaning of FIFRA. Defines "pesticide chemical residue," subject to exception, as a residue in or on a raw agricultural commodity or processed food of a pesticide chemical or any other added substance present as a result of a pesticide chemical's metabolism or other degradation. Deems a processed food not to be adulterated, within the meaning of FDCA, if there are present pesticide chemical residues at tolerance levels not considered unsafe. (Current law treats only raw agricultural commodities in this manner.) Sets forth requirements relating to tolerances and exemptions from tolerances for pesticide chemical residues in food, including residues of degradation products, which allow the presence in processed food at the tolerance applicable to the raw agricultural commodity from which the processed food is made. Prohibits establishment of a tolerance that is more stringent than a level the Administrator determines is adequate to protect the public health (i.e., if the dietary risk posed by such level of residues is negligible). Allows a greater than negligible dietary risk if: (1) use protects from greater adverse health effects to humans or the environment; (2) use avoids greater risks from another pesticide; or (3) the unavailability of the pesticide would reduce the availability of an adequate, wholesome, and economical domestic supply of the food. Prohibits issuance of a final rule that revokes, modifies, or suspends a tolerance or exemption until the Administrator has taken any necessary action under FIFRA with respect to the registration of the pesticide involved. Requires the Administrator, where a pesticide is labeled for use on a particular food, to: (1) revoke any tolerance or exemption that allows the presence of a particular chemical or its residue in or on such food if the Administrator cancels the registration of each pesticide that contains the chemical or modifies it to prohibit the pesticide's use in connection with such food; and (2) suspend any such tolerance or exemption upon the suspension of the use of each pesticide that contains the chemical. Provides for: (1) tolerances for unavoidable residues in the case of a residue of a canceled or suspended pesticide chemical that will unavoidably persist in the environment and be present in or on a food; and (2) residues resulting from an application which was lawful at the time of application but with respect to which the tolerance or exemption has since been revoked, suspended, or modified. Prohibits, subject to exception, a State from enforcing any limit on a qualifying pesticide chemical residue (as defined in this Act) in or on any food which is not identical to Federal requirements. Prohibits a State, absent an unreasonable dietary risk, from enforcing a limit on the level of residues in any food if the sale of such food containing such residue level was lawful at the time of application of the pesticide. Authorizes appropriations for increased monitoring of pesticide residues in imported and domestic food.
United States · United States Congress · 3 May 1995
False Identification Act of 1995 - Amends the Federal criminal code to reduce the minimum number of documents to three (currently, five) for certain offenses involving fraud and related activity in connection with identification documents. Sets criminal penalties for knowingly sending through the mails or producing, with the intention or knowledge that it will be deposited for mailing, any unverified identification document that bears a birth date showing the individual named in the document to be 21 years of age or older, when in fact that individual has not attained age 21.
United States · United States Congress · 3 May 1995
TABLE OF CONTENTS: Title I: Development of Competitive Telecommunications Markets Title II: Cable Communications Competitiveness Title III: Broadcast Communications Competitiveness Title IV: Effect on Other Laws Title V: Definitions Communications Act of 1995 - Title I: Development of Competitive Telecommunications Markets - Amends the Communications Act of 1934 (the Act) to provide that the duty of a common carrier includes the duty to interconnect with the facilities and equipment of other providers of telecommunications and information services. Includes within the duty of a local exchange carrier specified duties with respect to: (1) interconnection; (2) unbundling of network elements; (3) resale; (4) number portability; (5) dialing parity; (6) access to rights of way; (7) network functionality and accessibility; and (8) good faith negotiation. Requires a local exchange carrier to provide, to any other carrier or person offering (or seeking to offer) a telecommunications or information service: (1) access to and interconnection with the facilities of the carrier's network at any technically feasible and economically reasonable point within the carrier's network on just and reasonable terms and conditions, upon request; and (2) reasonable and nondiscriminatory access on an unbundled basis to databases, signaling systems, poles, ducts, conduits, and rights-of-way owned or controlled by a local carrier that is at least equal to that afforded by the carrier to itself or to any other person and that is sufficient to ensure the full interoperability of the equipment and facilities of the carrier and of the person seeking such access. Sets forth provisions regarding: (1) preemption of State and local regulation of interstate or intrastate telecommunications services; (2) statements of terms and conditions for access and interconnection; (3) Bell operating company (BOC) entry into "interlata services" (telecommunications between a point located in a local access and transport area and a point located outside such area); (4) the convening of a Federal State Joint Board to recommend actions for the preservation of universal service; (5) pricing flexibility and abolition of rate-of-return regulation; (6) network functionality and accessibility; (7) illegal changes in subscriber carrier selections; (8) required periodic FCC studies regarding universal service, advanced telecommunications services for elementary and secondary school students, and accessibility by individuals with disabilities; and (9) exemptions for U.S. territories. (Sec. 103) Prohibits a BOC, directly or through an affiliate, from manufacturing or providing telecommunications equipment or manufacturing customer premises equipment until the FCC has approved verifications that such BOC and each BOC with which it is affiliated are in compliance with access and interconnection requirements. Sets forth provisions regarding: (1) information requirements; and (2) FCC administration and enforcement authority. Prohibits a BOC or any affiliate from engaging in the provision of electronic publishing that is disseminated by means of such BOC's or any of its affiliates' basic telephone service, but allows a separated affiliate or electronic publishing joint venture to engage in such activity if it is operated independently from the BOC and it meets specified requirements (e.g., maintains separate books, has no officers, director, or employees in common, does not permit the BOC to perform specified functions on behalf of a separated affiliate, and has performed annually a compliance review). Authorizes a person claiming that any act or practice of a BOC, affiliate, or separated affiliate violates this section to file a complaint with the FCC or bring suit for damages, or to apply to the FCC for a cease and desist order. Requires any separated affiliate to file with the FCC annual reports in a form substantially equivalent to the Form 10-K required by Securities Exchange Commission regulations. Prohibits any BOC or affiliate from engaging in the provision of alarm monitoring services before July 1, 2000, except for existing legal activities. Requires a common carrier engaged in the provision of alarm monitoring or telemessaging services to provide nonaffiliated entities, upon reasonable request, with the network services it provides to its own alarm monitoring or telemessaging operations, on nondiscriminatory terms and conditions. Prohibits such a carrier from subsidizing such services with revenues from telephone exchange service. Directs the FCC to establish procedures for the expedited receipt and review of complaints concerning violations that result in material financial harm to a provider of such services. (Sec. 103(sic)) Directs the FCC to forbear from applying certain provisions or regulations to a common carrier or service, or class of carriers or services, in any or some geographic markets if the FCC determines that: (1) enforcement of such provision or regulation is not necessary to ensure that the charges, practices, classifications, or regulations by, for, or in connection with that carrier or service are just and reasonable and not discriminatory; (2) such enforcement is not necessary for the protection of consumers; and (3) forbearance from applying such provision or regulation is consistent with the public interest. (Sec. 104) Sets forth provisions regarding the privacy of customer proprietary network information. (Sec. 105) Requires a utility to provide a cable television (TV) system or other provider of telecommunications services with nondiscriminatory access to any pole, duct, conduit, or right-of-way owned or controlled by the utility. Directs the FCC to prescribe regulations for ensuring that utilities charge just and reasonable and nondiscriminatory rates for pole attachments provided to all providers of telecommunications services, which shall: (1) apportion the cost of the entire pole, duct, conduit, or right-of-way according to the percentage of usable space required for each entity; and (2) allow for reasonable terms and conditions relating to health, safety, and the provision of reliable utility service. (Sec. 106) Sets forth provisions regarding: (1) preemption of franchising authority regulation of telecommunications services; and (2) mobile service access to long distance carriers. Title II: Cable Communications Competitiveness - Authorizes a common carrier subject to the Act: (1) either through its own facilities or through an affiliate, to provide video programming directly to subscribers in its telephone service area; and (2) to provide channels of communications or pole, line, or conduit space, or other rental arrangements, to any entity which is directly or indirectly owned, operated, or controlled by, or under common control with, such carrier, if such facilities or arrangements are to be used for or in connection with the provision of video programming directly to subscribers in its telephone service area. Exempts from specified requirements under the Act an affiliate that: (1) is owned, operated, or controlled by, or under common control with, a carrier; and (2) provides video programming to subscribers in the telephone service area of such carrier, but does not utilize the local exchange facilities or services of any affiliated carrier in distributing such programming. Prohibits a carrier from providing video programming directly to subscribers in its telephone service area unless such programming is provided through a video programming affiliate that is separate from such carrier. Requires a carrier that provides video programming directly to subscribers in its telephone service area to establish a video platform, with exceptions. Sets forth provisions regarding: (1) authority of a State commission to prohibit cross-subsidization; (2) prohibition against buyouts, with exceptions; (3) rural area exemptions; (4) competition from cable systems, including the development of a National Information Infrastructure; and (5) competitive availability of navigation devices. Directs the FCC to complete an inquiry to ascertain the level at which video programming is closed captioned and to report to the Congress. Title III: Broadcast Communications Competitiveness - Requires the FCC, if it determines that it will issue additional licenses for advanced TV services, to: (1) limit the initial eligibility for such licenses to persons that, as of the date of such issuance, are licensed to operate a TV broadcast station, hold a permit to construct such a station, or both; and (2) adopt regulations that allow such licensees or permittees to offer such ancillary or supplementary services on designated frequencies as may be consistent with the public interest, convenience, and necessity. (Sec. 302) Revises provisions regarding license terms and renewal for the operation of a TV broadcast station. Increases to seven years (currently, five) the period for each license granted. Directs the FCC to continue a license in effect pending any hearing and final decision on an application and the disposition of a petition for rehearing. (Sec. 303) Requires the FCC to grant an application for a broadcast station license renewal if it finds that, during the preceding term of the station's license: (1) the station has served the public interest, convenience, and necessity; (2) there have been no serious violations by the licensee of this Act or FCC rules and regulations; and (3) there have been no other violations by the licensee of this Act or FCC rules and regulations which, taken together, would constitute a pattern of abuse. (Sec. 304) Grants the FCC exclusive jurisdiction over the regulation of the direct broadcast satellite service. (Sec. 305) Specifies that a ship documented under U.S. law operating in accordance with the Global Maritime Distress and Safety System provisions of the Safety of Life at Sea Convention shall not be required to be equipped with a radio station operated by one or more radio officers or operators. (Sec. 306) Directs the FCC to promulgate regulations to prohibit restrictions that inhibit a viewer's ability to receive video programming services through signal receiving devices designed for off-the-air reception of TV broadcast signals. (Sec. 307) Includes programming of a licensee in the direct broadcast satellite service within the scope of provisions penalizing the manufacture, import, sale, or distribution of equipment that is primarily of assistance in the unauthorized decryption of satellite cable programming. Title IV: Effect on other Laws - States that this Act shall supersede the Modification of Final Judgment (i.e., the order entered August 24, 1982, in the antitrust action styled United States v. Western Electric, including any judgment or order with respect to such action entered on or after that date), with exceptions. (Sec. 402) Preempts local taxation with respect to direct broadcast satellite service. Title V: Definitions - Defines various terms used in this Act.
United States · United States Congress · 3 May 1995
Gun Retention Act of 1995 - Amends the Federal criminal code to set penalties for knowingly taking or attempting to take a firearm from a law enforcement officer against that officer's will while such officer is engaged in the performance of official duties. Imposes: (1) a fine and ten to 15 years' imprisonment for such an offense other than an attempt or for such an offense that is an attempt during which the firearm is discharged (other than intentionally by the officer); and (2) a fine and five to ten years' imprisonment for any other offense that is an attempt. Prohibits such a term of imprisonment from running concurrently with any other term imposed with respect to the same criminal episode.
United States · United States Congress · 3 May 1995
Amends the Communications Act of 1934 (the Act) to prohibit the Federal Communications Commission (FCC) from prescribing or enforcing any regulation: (1) prohibiting or limiting, either nationally or within any particular area, a person or entity from holding any form of ownership or other interest in two or more broadcasting stations or in such a station and any other medium of mass communication; or (2) prohibiting a person or entity from owning, operating, or controlling two or more networks of broadcasting stations or such a network and any other medium of mass communications. Requires the FCC to prohibit a person or entity from obtaining any license if such license would result in such person or entity directly or indirectly owning, operating, controlling, or having a cognizable interest in: (1) television stations which have an aggregate national audience reach exceeding 35 percent for any determination made before one year after enactment of this Act or 50 percent for any determination made thereafter; or (2) two or more television stations within the same market, except where at least one of the stations is a UHF station or where the Commission determines that ownership, operation, or control of two VHF television stations within the same market would not harm the preservation of a diversity of voices in the market. Requires the FCC to study and report to the Congress, within two years after the enactment of this Act, on the development of competition in the television marketplace and the need for any revisions to, or elimination of, audience reach limitations under this Act.
United States · United States Congress · 7 April 1995
Propane Education and Research Act of 1995 - Authorizes the qualified industry organizations (the National Propane Gas Association, the Gas Processors Association, or successor organizations, or a group of retail marketers or producers who collectively represent at least 25 percent of the volume of propane sold or produced in the United States) to conduct, at their own expense, a referendum among producers and retail marketers for the creation of a Propane Education and Research Council. Directs the Council, if established, to develop programs (including programs to enhance consumer and employee safety and training) and enter into contracts for: (1) propane research and development; (2) consumer education; and (3) payment for program costs with funds collected under this Act. Requires the Council to reimburse the Secretary of Energy annually for any costs incurred by the United States, but not to exceed the average annual salary of Department of Energy employees. Prescribes guidelines under which the Council shall set annual assessments on odorized propane to cover program costs. Directs the Council to establish a program to coordinate its operations with any State propane education and research council. Prohibits Council funds from being used for lobbying activities. Directs the Secretary of Commerce to annually prepare and make available to the Council, the Secretary of Energy (Secretary), and the public, an analysis of changes in propane prices relative to other energy resources. Requires the Council to restrict its activities to research and development, training, and safety whenever in any year the five-year average rolling price index of consumer grade propane exceeds by more than 10.1 percent the five-year rolling average price composite index of residential electricity, residential natural gas, and refiner price to end users of Number 2 fuel oil. Requires the price of propane to be determined by market forces in all cases. Prohibits the Council from taking action to pass the cost of the annual assessments to consumers. Requires the Secretary of Commerce to report biennially to the Congress and the Secretary on: (1) whether operation of the Council, in conjunction with the cumulative effects of market changes and Federal programs, has had an effect on propane consumers, including residential, agriculture, process, and nonfuel users; and (2) whether there have been long-term and short-term effects on propane prices as a result of Council activities and Federal programs.
United States · United States Congress · 7 April 1995
Prostate Cancer Diagnosis and Treatment Act of 1995 - Amends title XVIII (Medicare) of the Social Security Act to provide for coverage of services for the early detection of prostate cancer and certain drug treatments for such cancer. Requires the Secretary of Health and Human Services to establish fee schedules for such services. Amends Federal law to cover such detection and treatment services for veterans as a preventive health service. Amends the Public Health Service Act to authorize appropriations for certain public health programs related to prostate cancer research and education. Directs the Administrator of the Agency for Health Care Policy and Research to: (1) conduct and support prostate cancer health services and screening and treatment procedures; and (2) provide for the development, periodic review, and updating of clinically relevant guidelines, standards of quality, performance measures, and medical review criteria.
United States · United States Congress · 6 April 1995
Morris K. Udall Parkinson's Research, Assistance, and Education Act of 1995 - Amends the Public Health Service Act to mandate a program for the conduct and support of research and training, the dissemination of health information, and other programs regarding Parkinson's disease. Establishes the Interagency Coordinating Committee on Parkinson's Disease. Requires Core Center Grants to encourage the development of innovative multidisciplinary research and provide training concerning Parkinson's, designating each grant recipient as a Morris K. Udall Center for Research on Parkinson's Disease. Authorizes establishment of the National Parkinson's Disease Data System to collect, store, analyze, retrieve, and disseminate data. Establishes: (1) the National Parkinson's Disease Information Clearinghouse; (2) a grant program to support scientists who have distinguished themselves in Parkinson's research; and (3) a national education program to foster a national focus on Parkinson's and the care of those with Parkinson's. Authorizes appropriations.
United States · United States Congress · 4 April 1995
Clinical Laboratory Improvement Act Amendments of 1995 - Exempts a physician clinical office laboratory from Public Health Service Act certification requirements, except when such laboratory performs a Pap Smear (Papanicolaous Smear) analysis.
United States · United States Congress · 29 March 1995
Constitutional Amendment - Repeals the 22d amendment to the Constitution (limitation on presidential terms).
United States · United States Congress · 29 March 1995
Expresses the sense of the Congress that the President should promptly indicate that the United States will welcome a private visit by Taiwanese President Lee Teng-hui to his alma mater, Cornell University, and will welcome a transit stop by President Lee in Anchorage, Alaska, to attend the USA-ROC Economic Council Conference.
United States · United States Congress · 22 March 1995
FDA Export Reform and Enhancement Act of 1995 - Amends the Federal Food, Drug, and Cosmetic Act (FDCA) to modify the circumstances in which a drug, device, or biological product (including a partially processed biological product) may be exported.
United States · United States Congress · 21 March 1995
Constitutional Amendment - Declares that the Congress and the States shall have power to prohibit the physical desecration of the U.S. flag.
United States · United States Congress · 15 March 1995
Highway Mandates Repeal Act of 1995 - Amends the Intermodal Surface Transportation Efficiency Act of 1991 to repeal provisions relating to the use of asphalt pavement containing recycled rubber.