United States · United States Congress · 4 January 1995
Freedom from Government Competition Act of 1995 - Requires Federal agencies to obtain all goods and services necessary for or beneficial to the accomplishment of their authorized functions by procurement from private sources, unless: (1) the goods or services are required by law to be produced or performed, respectively, by the agency; or (2) the head of the agency determines and certifies to the Congress that Government production, manufacture, or provision of a good or service is necessary for national defense, that a good or service is so inherently governmental in nature that it is in the public interest to require production or performance by a Government employee, or that there is no private source capable of providing the good or service. Requires the Director of the Office of Management and Budget to study and report to the Congress on: (1) agency activities which are inconsistent with such requirements; and (2) a schedule for transferring such activities to the private sector.
United States · United States Congress · 4 January 1995
Chinese Slave Labor Act - Prohibits the importation of Chinese products unless: (1) the Secretary of the Treasury determines that they are not grown or manufactured with the use of forced labor; and (2) such determination is based on certain consultations with certain international organizations conducting inspections and a certification to the Secretary that a product was not grown or manufactured with the use of forced labor. Requires the United States to use all diplomatic efforts to persuade China to permit representatives of such international organizations to inspect all facilities holding detainees to assure that products for export are not being produced with the use of forced labor. Sets forth civil penalties for violations of such prohibition and the making of a false certification.
United States · United States Congress · 4 January 1995
Amends the Internal Revenue Code to allow a corporation to be a shareholder of a subchapter S corporation (small business) if each shareholder of such corporation is permitted to be a shareholder of an S corporation. Allows certain additional trusts to be shareholders of such corporations.
United States · United States Congress · 4 January 1995
Merchant Mariners Fairness Act of 1993 - Provides that certain qualified service of a member of the U.S. merchant marine, including a vessel crewmember of the U.S. Army Transport Service, during World War II constituted active military service for purposes of eligibility for various veterans' benefits under the GI Bill Improvement Act of 1977. Requires the Secretary of Defense to issue an honorable discharge under such Act to each merchant marine member whose qualified service warrants such a discharge. Prohibits the payment of any retroactive benefits under this Act. Mandates a processing fee for any benefit application for such qualified service.
United States · United States Congress · 4 January 1995
Amends the Internal Revenue Code to allow the deduction for home office expenses if a portion of a dwelling unit is used as the sole fixed location of business for a taxpayer who has no other fixed location of business, regardless of: (1) the amount of time or type of work performed in such location; or (2) the proportion of the total income from the business attributable to such location.
United States · United States Congress · 4 January 1995
TABLE OF CONTENTS: Title I: Social Security Earnings Test Title II: Repeal of Increase in Tax on Social Security Benefits Title III: Treatment of Long-Term Care Title IV: Senior Citizen Communities Senior Citizens' Equity Act - Title I: Social Security Earnings Test - Amends title II (Old-Age, Survivors and Disability Insurance) (OASDI) of the Social Security Act to increase the monthly exempt amount, under the earnings test, for individuals who have attained retirement age. Sets forth a schedule of monthly adjustments increasing from $1,250 for taxable year 1996 to $2,500 for taxable year 2000 (amounting, by the year 2000, to an annual exempt amount of $30,000 such individuals may earn before being subject to benefit reductions). Title II: Repeal of Increase in Tax on Social Security Benefits - Amends the Internal Revenue Code to schedule from 1996 through 2000 a reduction from 85 percent to 50 percent the amount of Social Security benefits on which beneficiaries earning more than $34,000 annually ($44,000 for couples) are liable for income tax. Title III: Treatment of Long-Term Care - Amends the Internal Revenue Code to treat a long-term care insurance contract as an accident or health insurance contract. (Sec. 301) Restricts the meaning of long-term care insurance contract to a guaranteed renewable contract without cash surrender value: (1) covering only qualified long-term care services and benefits incidental to such coverage; (2) excluding expenses for services or items reimbursable under Medicare (except where Medicare is a secondary payor); and (3) applying all premium refunds and all policyholder dividends or similar amounts to reduce future premiums or increase future benefits. Limits qualified long-term care services to necessary diagnostic, preventive, therapeutic, and rehabilitative services, as well as maintenance or personal care services prescribed by a licensed health care practitioner for a chronically ill individual in a qualified facility who is unable to perform (without substantial assistance from another individual) at least two activities of daily living (including walking or wheeling, dressing, toileting and bathing, transferring in and out of a bed or chair, and eating). Makes an individual's home a qualified facility if a licensed health care practitioner certifies that without home care the individual would have to be cared for in a State-licensed or Medicare- or Medicaid-certified nursing, rehabilitative, hospice, or adult day care facility. Treats as a separate contract subject to this Act, unless the Secretary provides otherwise in regulations, any rider on a life insurance contract that covers long-term care insurance. Includes in gross income the aggregate amount of benefits received under a long-term care insurance contract that exceeds $200 for any day (adjusted for inflation). Prescribes a one-year full preliminary term method as the method, in the case of any long-term care insurance contract, for computing reserves for the purposes of determining the taxable income of life insurance companies. Declares that a health care plan shall not be subjected to an excise tax for failure to satisfy continuation coverage requirements solely by reason of failing to provide coverage under any long-term care insurance contract. (Sec. 302) Excludes from gross income any benefits (not in excess of $200 per day) received under a long-term care insurance contract, including employer-provided coverage under such a contract. (Sec. 303) Allows an income tax deduction for qualified long-term care services, subject to specified limits. (Sec. 304) Treats as a nontaxable exchange the exchange of a contract of life insurance or an endowment or annuity contract for a long-term care insurance contract. (Sec. 305) Reduces any amounts includible in gross income by reason of distributions from individual retirement plans or 401(k) plans by the aggregate premiums paid by an individual for any long- term care insurance contract for the benefit of such individual or his or her spouse. (Sec. 306) Excludes from gross income accelerated death benefits paid from life insurance policies for individuals who are terminally ill or permanently confined to a nursing home. (Sec. 307) Provides for: (1) continuation of long-term care insurance policies existing before January 1, 1996, which meet State insurance requirements; and (2) nonrecognition of gain or loss in the exchange, before January 1, 1996, of existing policies for policies under this Act, except to the extent of any money or property received in addition to a long-term care insurance contract. Requires the Secretary of the Treasury to report to the Congress on the Department of the Treasury's interpretation of the tax treatment of contracts which provide long-term care services but which are not long-term care insurance contracts under this Act. Title IV: Senior Citizen Communities - Amends the Fair Housing Act with respect to the exemption for housing for older persons from the prohibition against discrimination based on familial status. Revises the definition of housing for older persons to repeal the requirement that such housing possess significant facilities and services specifically designed to meet the physical or social needs of older persons. (Sec. 402) Declares that an individual who engages in conduct with a reasonable good faith reliance on the existence of such exemption is not personally liable for money damages for a violation of such Act that the exemption would have vitiated. Presumes such good faith reliance of a person engaged in the business of residential real estate transactions if: (1) he or she has no actual knowledge that the facility or community is or will be ineligible for such exemption; and (2) the facility or community gives him or her a written certification stating its compliance with the requirements for such exemption.
United States · United States Congress · 4 January 1995
Congressional Accountability Act of 1995 - Applies, by a specified conditional date, provisions of the following laws to the legislative branch: (1) the Fair Labor Standards Act of 1938; (2) title VII of the Civil Rights Act of 1964; (3) the Americans With Disabilities Act of 1990; (4) the Age Discrimination in Employment Act of 1967; (5) titles I and V of the Family and Medical Leave Act of 1993; (6) the Occupational Safety and Health Act of 1970 (OSHA); (7) provisions relating to Federal labor management relations; (8) with the exception of the U.S. Capitol Police, the Employee Polygraph Protection Act of 1988; (9) the Worker Adjustment and Retraining Notification Act; and (10) the Rehabilitation Act of 1973. Requires that an action to abate a violation of OSHA for which a citation is received take place as soon as possible, but no later than the fiscal year after the citation is issued. (Sec. 4) Establishes in the legislative branch an Office of Compliance to study and report to the Congress on: (1) the application of such laws to the legislative branch; (2) an examination of the procedures used by the instrumentalities to enforce the application of such laws; and (3) a determination as to whether to direct an instrumentality to make improvements in its regulations and procedures so as to assure that they are as effective as those specified in this Act. Authorizes the Office's Board of Directors to direct an instrumentality that has no such procedures to adopt the requisite procedures. Requires the Board to issue regulations governing such applicability which shall be subject to congressional approval. Makes applicable to the legislative branch any provision of Federal law to the extent that it relates to terms and conditions of employment (including protection from discrimination in personnel actions, health and safety of employees, and family and medical leave). Directs the Office, on an ongoing basis, to: (1) determine which of such laws should apply to the legislative branch; (2) study the application to the legislative branch of laws enacted after enactment of this Act; and (3) issue regulations to apply such laws to the legislative branch subject to congressional approval. Sets forth House and Senate procedures for concurrent resolutions to disapprove such regulations. (Sec. 6) Requires the Office to: (1) carry out an education program for Members of Congress and other employing authorities of the legislative branch respecting the laws made applicable to them and a program to inform individuals of their rights under such laws and this Act; (2) publish statistics on the use of the Office by congressional employees; and (3) develop a system for the collection of demographic data on the composition of the congressional employees. Requires the Board to submit to the Congress annual reports on the information collected under such system. (Sec. 7) Sets forth procedure for consideration of alleged violations of the laws made applicable to the legislative branch consisting of the following steps: (1) counseling through the Office; (2) mediation with the Office; (3) a formal complaint and hearing by a board; (4) judicial review if a congressional employee is aggrieved by a dismissal, final decision, or an order by the hearing board or if a head of an employing office is aggrieved by a final decision or would be subject to an order issued by such board; and (5) as an alternative to steps 3 and 4, a civil action in a U.S. district court. (Sec. 14) Declares that any intimidation of, or reprisal against, any employee because of the exercise of a right under this Act constitutes an unlawful employment practice that may be remedied in the same manner as a violation of law made applicable to the legislative branch under this Act. (Sec. 15) Requires all counseling, mediation, and hearings and deliberations of a hearing board to be confidential. Permits the records of hearing boards to be made public if required for judicial review. Authorizes the House Committee on Standards of Official Conduct and the Senate Select Committee on Ethics to have access to the hearing of the hearing board only after the board has made a decision with respect to the matter. (Sec. 17) Provides that this Act shall not be construed to authorize enforcement by the executive branch of any of the laws made applicable to congressional employees under this Act. Limits a congressional employee to the judicial proceeding provided by this Act to redress prohibited practices. (Sec. 18) Requires the Office to study and report to the Congress on: (1) the ways that public access to information held by the Congress may be improved, streamlined, and made consistent between the House and the Senate; and (2) the application of the Freedom of Information Act and the Right to Privacy Act to the legislative branch.
United States · United States Congress · 4 January 1995
Expresses the sense of the Congress that: (1) Taiwan deserves full participation, including a seat, in the United Nations (UN); and (2) the U.S. Government should immediately encourage the UN to establish an ad hoc committee for the purpose of studying membership for Taiwan in that organization and its related agencies.
United States · United States Congress · 4 January 1995
Expresses the sense of the Congress that the current Federal income tax deduction for interest paid on debt secured by a first or second home should not be further restricted.
United States · United States Congress · 7 October 1994
Special Envoy for Tibet Act of 1994 - Establishes a U.S. Special Envoy for Tibet within the Department of State, to be appointed by the President. Grants such envoy ambassadorial rank. Authorizes and encourages the Special Envoy to: (1) promote substantive negotiations between the Dalai Lama and senior members of the Chinese Government; (2) promote good relations between the Dalai Lama and the U.S. Government; and (3) travel regularly throughout Tibet and Tibetan refugee settlements. Requires the Special Envoy to: (1) consult with the Congress on policies relevant to Tibet; (2) coordinate U.S. Government policies, programs, and projects concerning Tibet; and (3) report to the Secretary of State on the state of relations between the United States and Tibet and on conditions in Tibet.
United States · United States Congress · 23 September 1994
Declares that the Congress: (1) recognizes October 2, 1994, as the 125th anniversary of the birth of Mahatma Gandhi; (2) commends his unique role in establishing the state of India and its democratic institutions; and (3) congratulates his leadership, which has enhanced the friendship between the United States and India.
United States · United States Congress · 22 September 1994
Amends the Omnibus Budget Reconciliation Act of 1990 to extend from three years to five years the period during which Medicare select policies may be issued.
United States · United States Congress · 19 September 1994
George Washington Boyhood Home Commemorative Coin Act of 1994 - Directs the Secretary of the Treasury to issue one-dollar silver coins emblematic of a profile of George Washington and a depiction of his xboyhood home. Declares that all surcharges received from coin sales shall be paid to the George Washington Boyhood Home Foundation.
United States · United States Congress · 19 August 1994
Captive Exotic Animal Protection Act of 1994 - Amends the Federal criminal code to prohibit and set penalties for the transport or possession of a confined exotic animal for purposes of allowing the killing or injuring of that animal for entertainment or the collection of a trophy.
United States · United States Congress · 11 August 1994
Expresses the sense of the Congress that the U.S. embassy and the residence of the U.S. ambassador in Israel should be moved to Jerusalem at the earliest possible date.
United States · United States Congress · 25 July 1994
Designates August 1, 1994, as Helsinki Human Rights Day. Authorizes the President to reassert America's commitment to the Helsinki Accords and requests him to: (1) convey to all signatories of the Accords that respect for human rights and fundamental freedoms is a vital element of further progress in the ongoing Helsinki process; and (2) develop new proposals to advance the human rights objectives of such process to address the major problems that remain.
United States · United States Congress · 22 July 1994
Central Midwest Interstate Low-Level Radioactive Waste Compact Amendments Consent Act of 1993 - Grants the consent of the Congress to amendments made by the States of Illinois and Kentucky to the Central Midwest Interstate Low-Level Radioactive Waste Compact.
United States · United States Congress · 21 July 1994
Expresses the sense of the Congress that neither the President nor any other entity in the executive branch should attempt to impose a racially based quota system to challenge death penalties.
United States · United States Congress · 30 June 1994
Child Labor Deterrence Act of 1994 - Urges the President to seek agreement with governments that trade with the United States to secure an international ban on trade in products of child labor. (Sec. 4) Requires the Secretary of Labor (Secretary) to identify foreign industries that: (1) do not comply with national laws prohibiting child labor; (2) utilize child labor in the export of products; and (3) have on a continuing basis exported such products to the United States. Authorizes any person to file a petition with the Secretary requesting that a particular foreign industry and its host country be identified. Requires the Secretary, before making such identification, to: (1) consult with the United States Trade Representative and the Secretaries of State, Commerce, and the Treasury; (2) hold at least one public hearing for public comment; and (3) publish notice in the Federal Register that such identification is being considered and the time and place for public comment. (Sec. 5) Prohibits the importation of products which have been produced by child labor. (Sec. 6) Sets forth civil and criminal penalties. (Sec. 9) Authorizes approriations for a U.S. contribution to: (1) the International Labor Organization for activities of the International Program on the Elimination of Child Labor; and (2) the United Nations Commission on Human Rights for activities relating to bonded child labor that are carried out by the Subcommittee and Working Group on Contemporary Forms of Slavery.
United States · United States Congress · 17 June 1994
Occupational Safety and Health Reform Act - Amends the Occupational Safety and Health Act of 1970 (OSHA) to set forth separate requirements for OSHA coverage of employing authorities and instrumentalities of the Congress. (Sec. 3) Requires the following criteria in development of OSHA standards: (1) significant risk; (2) feasibility; (3) reasonable cost-benefit relationship; (4) cost-effective and minimal job loss; and (5) where practicable, expressed in objective criteria and desired performance. Revises standard priorities based on toxicity and numbers exposed. Revises rulemaking procedures. Requires a regulatory flexibility analysis for each standard promulgated. (Sec. 4) Requires an annual report on the number and nature of complaints to which the Secretary does not respond under OSHA because another Federal or State agency has jurisdiction, with recommendations on achieving coordination. Provides that employee safety and health participation committees are not prohibited under the National Labor Relations Act or the Railway Labor Act. Provides a nondisclosure privilege for voluntary safety and health audits and reviews. (Sec. 5) Deems a variance to have been issued as of the date of the application filing, if the Secretary fails to act on the application within 180 days of the filing, unless such delay is caused by the applicant's action or inaction. (Sec. 6) Revises inspection provisions. Requires inspections to be conducted by at least one individual trained in and knowledgeable of the industry or the types of hazards. Provides for fire hazard inspection training and referral. Prohibits routine inspections of employers of ten or fewer employees if such employers are: (1) farming operations which do not maintain a temporary labor camp; or (2) in a category of employers having an occupational injury or a lost day rate which is less than the national average. Grants the Secretary discretion in determining which employer complaints must receive formal inspection responses. (Sec. 7) Directs the Secretary to establish an office to promote, administer, and coordinate programs and activities for worksite-based incentives for voluntary compliance with OSHA. Directs the Secretary to establish a voluntary compliance program granting partial exemption from OSHA general inspections for employers who either retain certain consultation or certification programs or have an exemplary safety record and a safety and health program meeting specified criteria. Provides for reduction or suspension of penalties for program participants under certain conditions. Directs the Secretary to establish a program for certification of safety and health consultants to conduct inspections under such program. Directs the Secretary to award special recognition to worksites, companies, and other organizations which have implemented particularly effective approaches to occupational safety and health, including those providing for effective employee involvement. Authorizes consultative services to employers under Federal-State cooperative agreements. Directs the Secretary to establish programs for education, training, and technical assistance for employers and employees to assist in providing safe and healthful workplaces and OSHA compliance. Requires that at least one-fourth of the annual appropriation to carry out OSHA be expended for such worksite-based incentives for voluntary compliance. (Sec. 8) Adds employer defenses of employee misconduct or alternative safer methods. (Sec. 9) Extends the period for employer contests of citations by the Occupational Safety and Health Review Commission. Requires deference to be given the Commission's reasonable conclusions with respect to questions of law. (Sec. 10) Revises procedures for discrimination protection for whistle-blowers under OSHA, including extending the time for filing complaints, and providing for reviews, appeals, and mediation. (Sec. 11) Revises enforcement, including special conditions and practices, a mandatory special emphasis program, and investigations of deaths and serious incidents. (Sec. 12) Revises penalties in general, and with respect to special assessments, citations, knowing violations, and victims' rights. (Sec. 13) Requires States to make their applicable labeling, content, and hazard information requirements identical to OSHA standards. Authorizes waivers to State safety and health programs. (Sec. 14) Repeals authority for the National Institute of Occupational Safety and Health (NIOSH), thus abolishing it. Transfers to the Secretary of Labor functions and authorities of NIOSH and of the Secretary of Health and Human Services under OSHA. (Sec. 15) 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. Directs the Secretary to establish standards for such programs. (Sec. 16) Directs the Secretary to contract with a qualified organization or agency to conduct studies of the effects and costs of OSHA standards. Authorizes appropriations.
United States · United States Congress · 16 June 1994
United States-China Act of 1994 - Declares that if nondiscriminatory treatment (most-favored-nation treatment) is not granted to China by reason of the enactment of a congressional disapproval resolution, such treatment shall continue to apply to goods that are produced by a person that is not a state-owned Chinese enterprise, but not apply to any goods that are produced by a state-owned Chinese enterprise. Provides that if nondiscriminatory treatment is granted to China for a 12-month period on July 3, 1994, such treatment shall not apply to: (1) any good that is produced by the People's Liberation Army or a Chinese defense industrial trading company; or (2) any nonqualified good that is produced by a state-owned Chinese enterprise. Provides that in order for such treatment to be granted to China, the Secretary of the Treasury shall consult with American businesses that have significant trade with or investment in China, to encourage them to adopt a voluntary code of conduct that: (1) follows internationally recognized human rights principles; (2) ensures the employment of Chinese citizens is not discriminatory in terms of sex, ethnic origin, or political belief; (3) ensures that no convict, forced, or indentured labor is knowingly used; (4) recognizes the rights of workers to freely organize and bargain collectively; and (5) discourages mandatory political indoctrination on business premises. Requires the Secretary to determine, and publish in the Federal Register, which persons are state-owned Chinese enterprises and Chinese defense industrial trading companies. Authorizes the President to waive any condition or prohibition imposed under this Act if he determines and reports to the Congress that its continued imposition would have a serious adverse effect on vital U.S. national security interests. Declares that if the President recommends in 1995 that the waiver of human rights and emigration requirements for nondiscriminatory treatment for China be continued, he shall state in a specified report to the Congress the extent to which China has made progress with respect to: (1) adhering to the provisions of the Universal Declaration of Human Rights; (2) ceasing the exportation to the United States of products made with convict, forced, or indentured labor; (3) ceasing unfair and discriminatory trade practices which restrict and unreasonably burden American businesses; and (4) adhering to the guidelines of the Missile Technology Control Regime and the controls adopted by the Nuclear Suppliers Group and the Australia Group.
United States · United States Congress · 13 June 1994
Expresses the sense of the Congress that: (1) trafficking in persons violates human dignity and forced prostitution involving physical coercion or debt bondage constitutes a form of forced labor and a slavery-like practice; (2) the U.S. State Department should continue to press the Government of Thailand to strictly enforce all laws that can lead to the prosecution of those involved in trafficking and forced prostitution, ensure that Thai police participants in U.S. Government-sponsored police training programs are systematically vetted to exclude those implicated in such activities, urge the Thai Government to protect the rights and safety of Burmese women and girls in Thailand who are freed from brothels or arrested as illegal immigrants because their status as trafficking victims is unclear, appoint a senior advisor on women's human rights to the Undersecretary for Global Affairs to ensure that U.S. foreign policy addresses women's human rights violations, and report to the Congress; (3) the executive branch should take steps to assure that weapons and equipment provided or sold to the Thai police do not become available to members of those forces who might be involved in trafficking, forced prostitution, or abuse of women who are apprehended; (4) the U.S. Trade Representative should extend the evaluation of a petition on Thailand's labor rights situation that was filed last year to include a review of Thai official involvement in trafficking and forced prostitution; and (5) the U.S. Agency for International Development should target a portion of its assistance to Thailand for AIDS prevention and control to the foreign population in Thailand, particularly Burmese women in the Thai sex industry.
United States · United States Congress · 25 May 1994
Juvenile Criminal Act of 1994 - Amends the Juvenile Justice and Delinquency Prevention Act of 1974 to include among the Act's: (1) findings that emphasis should be placed on identifying hardcore youths who should be transferred from the juvenile justice system to the adult criminal justice system; and (2) purposes to assist State and local governments in improving the identification of hardcore juvenile offenders and the removal of such offenders from the juvenile justice system. Requires State plans under the Act to provide: (1) specified funding for the establishment and maintenance of an effective system that requires the prosecution of at least those juveniles who are 14 years of age and older as adults, rather than in juvenile proceedings, for listed offenses (murder or attempted murder; robbery, battery, or rape while armed with a firearm; any other crime the State deems appropriate; and the fourth or subsequent occasion on which such juveniles engage in an activity for which adults could be imprisoned for a term exceeding one year) unless, on a case-by-case basis, the transfer of such juveniles for disposition in the juvenile justice system is determined under State law to be in the interest of justice; and (2) that the State ensure that whenever a juvenile is adjudicated in a juvenile proceeding to have engaged in such offenses that a record be kept relating to that adjudication, the juvenile be fingerprinted and photographed (with such fingerprints and photograph sent to the Federal Bureau of Investigation (FBI)), and the court in which the adjudication takes place transmit to the FBI information concerning the adjudication and disposition. Provides for a reduction of sums allotted to a State for a fiscal year by 16 2/3 percent for each of specified paragraphs of the Act with respect to which noncompliance occurs. (Current law provides for a reduction by 25 percent and doesn't include the requirements added by this Act in determining noncompliance.)
United States · United States Congress · 24 May 1994
Designates September 16, 1994, as National POW/MIA Recognition Day. Requires the display of the National League of Families POW/MIA flag at: (1) all national cemeteries and the National Vietnam Veterans Memorial on May 30, 1994 (Memorial Day), September 16, 1994 (National POW/MIA Recognition Day), and November 11, 1994 (Veterans Day); and (2) the White House and the buildings containing the primary offices of the Secretaries of State, Defense, and Veterans Affairs and the Director of the Selective Service System on September 16, 1994 (National POW/MIA Recognition Day).
United States · United States Congress · 23 May 1994
Expresses the sense of the Congress that the President should report to the Congress on: (1) the situation in Kosova, including the manner in which Serbia's policies have affected the economic, social, and cultural rights of the majority in Kosova; (2) measures to provide humanitarian assistance to the population of Kosova and to Kosovar refugees; and (3) his recommendations on what modalities may be pursued to implement international protection of the rights of the people of Kosova, to reestablish an international presence in Kosova to monitor more effectively the situation there, and to secure for such people their right to democratic self-government.
United States · United States Congress · 12 May 1994
TABLE OF CONTENTS: Title I: Amendments to Magnuson Fishery Conservation and Management Act Title II: Amendments to the Atlantic Tunas Convention Act Marine Fish Conservation Amendments of 1994 - Title I: Amendments to Magnuson Fishery Conservation and Management Act - Amends the Magnuson Fishery Conservation and Management Act to declare that it is the policy of the Congress to: (1) assure that the national fishery conservation and management program encourages development of practical measures that reduce bycatch (the incidental catch, take, or harvest of certain fish, marine mammals, and other specified animals) to insignificant levels approaching zero; and (2) ensure that all State and Federal actions are consistent with the conservation and management of fisheries under such Act. (Sec. 105) Revises national standards for fishery conservation and management to require conservation and management measures to: (1) provide an adequate margin of safety to act as a buffer against overfishing; and (2) reduce bycatch to the lowest level practicable and avoid unnecessary waste of fish. (Sec. 106) Revises requirements for Regional Fishery Management Councils to direct the Secretary of Commerce to ensure that at least 25 percent of the appointed members of each Council are persons selected for their fisheries expertise, as demonstrated by university, environmental organization, or other non-user group affiliation and by past actions and accomplishments. Provides for removal of a Council member for cause upon the Secretary's determination of a conflict of interest. Requires that each Council decision be recorded by roll call vote registered and forwarded to the Secretary for review. Authorizes each Council to request the Secretary to initiate consultation with a Federal agency about certain agency activity which may affect the essential fishery habitat of a fishery under its jurisdiction designated in a fishery management plan. Revises financial disclosure requirements for Council members to include financial interests held by children, grandchildren, parents, or siblings. Requires any Council member holding a financial interest requiring disclosure to recuse him or herself from voting on or participating in all Council actions that would affect such interest. Authorizes Council members and the public to challenge, in writing to the Secretary, any vote of a Council member alleged to have been made in violation of such recusal requirement. (Sec. 107) Requires any fishery management plan to: (1) specify an objective definition of overfishing for each fish species or population involved in the fishery; (2) contain a recovery plan for any overfished fishery; (3) specify allowable gear types for the fishery, requiring the use of types which minimize bycatch and associated mortality; (4) provide for the stationing on U.S. fishing vessels of observers to gather reliable data; (5) establish a system of fees to pay for plan implementation; (6) assess the bycatch of all gear types used in the fishery; and (7) contain conservation and management measures to minimize or eliminate the adverse impacts of fishing gear and practices on habitat for fish. Requires the Secretary to review each existing fishery management plan for compliance with the definition of overfishing in this Act. (Sec. 108) Specifies plan review, plan preparation, and overfishing determination duties of the Secretary. Mandates the contents of regulations establishing a system to collect fees to pay for fishing vessel observers. Establishes a National Fishery Observer Fund. Directs the Secretary to publish in the Federal Register a list of fish species, populations, and population complexes that are overfished and the objective definition of overfishing used to make that determination. Requires the Secretary to develop a research plan to identify and gather needed data on fish species, populations, and population complexes for which information is insufficient. Revises the approval voting requirements for a management plan for any fishery under the authority of more than one Council. Declares that any Secretary-prepared fishery management plan or amendment addressing a highly migratory species fishery, which was in effect on July 1, 1993, shall remain in effect until superseded by a plan or amendment prepared by the appropriate Councils and approved by the Secretary. Sets forth procedures for adoption of a recovery plan addressing overfishing with respect to fish species, populations, or population complexes subject to a fishery management plan. Directs the Secretary to provide for the elimination of bycatch through fees and incentive programs, including cooperative efforts with the Federal Government on research and development of selective fishing gear and other technological devices for the reduction of bycatch. Directs the Secretary to publish in the Federal Register and submit to the Congress a report on the cumulative impacts on fishery habitats of the actions authorized, funded, or carried out by Federal agencies, including an assessment of how fishery habitats identified in approved fishery management plans are affected. Directs the Secretary to review: (1) the feasibility of establishing a risk sharing pool through a reasonable fee to provide coverage for vessels and vessel owners against liability from civil suits by observers; and (2) the availability of comprehensive commercial insurance for vessel and owner liability against such suits. Requires the Secretary to establish such a pool unless such insurance is available to all fishing vessels and U.S fish processors required to have observers, and it will provide a greater measure of coverage at a lower cost. Requires the Secretary to establish an alternative observation program for vessels on which facilities for quartering of an observer, or for carrying out observer functions, are inadequate to ensure the health or safety of the observer or the safe operation of the vessel. (Sec. 109) Authorizes the Secretary or the appropriate Council (subject to the Secretary's approval) to adopt regulations as an interim measure in the absence of a fishery management plan. Prescribes general requirements for such regulations. Requires the Secretary to comment on and make recommendations concerning any actual or proposed action authorized, funded, or carried out by a State or Federal agency that may result in the destruction or adverse modification of the essential habitat designated in a fishery management plan. Prescribes guidelines for Federal agency response to such comments or recommendations. Authorizes the Secretary to prohibit any such Federal agency actions. Provides for: (1) citizen suits to enforce such Act; and (2) citizen petitions to compel the Secretary to make a finding or determination or take any other action authorized by such Act. Title II: Amendments to the Atlantic Tunas Convention Act - Amends the Atlantic Tunas Convention Act of 1975 to require the Director of the National Marine Fisheries Service (or his or her designee) to be one of the three U.S. Commissioners on the International Commission for the Conservation of Atlantic Tunas. (Sec. 201) Prohibits any U.S. Commissioner from having a financial interest or from serving as an officer, director, trustee, partner, or employee with an organization with a financial interest in any catching, harvesting, processing, or marketing activity undertaken within any fishery over which the Commission has jurisdiction. Repeals certain knowledge and experience requirements, with respect to commercial and recreational fishing, for non-governmental Commissioners. Allows regulations to carry out Commission recommendations which may have the effect of decreasing any allocation or quota of fish to the United States.
United States · United States Congress · 12 May 1994
Timber Fair Trade and Forest Conservation Act of 1994- Amends the Export Administration Act of 1979 to require the Secretary of Commerce (Secretary), in order to determine whether a critical shortage exists of unprocessed timber, or of any species or grade of unprocessed timber, for domestic manufacturing, to monitor: (1) exports of, and contracts to export, unprocessed timber; and (2) domestic supplies of such unprocessed timber for domestic manufacturing purposes. Requires the Secretary to impose quantitative restrictions on the export of unprocessed timber in any State or region where a critical shortage exists. Requires the Secretary to submit to the Congress specified quarterly reports. Requires the Secretary, whenever such export restrictions are imposed, to give preference in the allocation of export licenses to persons who own or have ownership interests in fewer than 3,000 acres of forest land. Authorizes the President to suspend such export restrictions if a ruling is issued under the formal dispute resolution procedures of the General Agreement on Tariffs and Trade (GATT) finding that they violate GATT Article XI prohibitions on export restrictions and are not allowable under such Article's exceptions. Directs the Secretary to impose quantitative restrictions on exports of unprocessed timber from Washington, Oregon, California, Idaho, and Montana.
United States · United States Congress · 12 May 1994
Condemns the death sentence issued against Salman Rushdie. Calls for the immediate withdrawal of such sentence and any associated reward. Calls upon the President to: (1) request that the United Nations Security Council condemn Iran for issuing the edict against Rushdie; (2) call upon the Government of Iran to respect international principles of human rights and lift such sentence; and (3) inform such Government that the House of Representatives has adopted this resolution, that the Iranian Government will be held liable in case an attempt is made on Rushdie's life, and that such Government should attempt to prevent the spread of propaganda promoting Rushdie's assassination. Commends those people of all nations who have firmly stood for freedom of expression despite threats and intimidation. Reaffirms: (1) the commitment of the Congress to the promotion and protection of the right of freedom of expression; and (2) congressional support for basic human rights in the world community.
United States · United States Congress · 11 May 1994
Expresses the sense of the House of Representatives that Members of Congress should have the opportunity to offer, debate, and vote on an amendment striking any employer mandate in any legislation to reform our health care system.
United States · United States Congress · 5 May 1994
Commends the Government of Israel and the Palestine Liberation Organization (PLO) for reaching their agreement on Palestinian self-rule in the Gaza Strip and the Jericho area. Encourages all parties to the Middle East peace process to resume bilateral negotiations and work vigorously in the pursuit of peace. Urges: (1) the Administration to more actively engage the United States as a full partner in the negotiating process and, in cooperation with the world community through relevant international financial institutions, to provide aid to facilitate the establishment of Palestinian self-government in the Gaza Strip and Jericho area; and (2) Israel and the PLO to move quickly to implement the provisions of the Declaration of Principles on Interim Self-Government Arrangements to get to final status issues and issues of common interest according to the timetable stipulated in such Declaration.
United States · United States Congress · 4 May 1994
Expresses the sense of the Congress that any U.S. national conducting a commercial cooperation project in Vietnam should adhere to specified principles regarding: (1) nondiscrimination in employment; (2) worker and environmental safety; (3) partnerships with businesses not controlled by the Vietnamese Government; (4) prohibitions on a military presence and political indoctrination programs on project premises; (5) freedoms of association and expression; and (6) the promotion of a full accounting of all Americans missing in action from the Vietnam conflict. Directs the Secretary of State to encourage member nations of the Organization for Economic Cooperation and Development to promote similar principles. Requires U.S. nationals conducting commercial cooperation projects in Vietnam to: (1) register with the Secretary and indicate whether they agree to implement such principles; and (2) report annually to the Department of State on adherence to such principles. Permits Federal agencies to intercede with a foreign government or national on behalf of such a U.S. national regarding export marketing activities in Vietnam only if such individual adheres to the principles.
United States · United States Congress · 28 April 1994
Risk Assessment Improvement Act of 1994 - Establishes a Risk Assessment Program in the Environmental Protection Agency (EPA). Requires the Director of the Program to: (1) develop a process to conduct scientific peer review of all risk assessment guidelines developed by EPA; and (2) provide recommendations to the EPA Administrator on risk assessment, research needs, and development of guidelines. Directs the Director to regularly develop, issue, and, not less than every three years for each guideline, review the need to update guidelines that establish methods for conducting scientifically sound risk assessment. Sets forth contents of such guidelines. Requires the Director to oversee the use of risk assessment guidelines by EPA Program and Regional Offices and ensure consistency in the use of such guidelines as is appropriate in application to various environmental media or hazards. Permits departures from guidelines under specified conditions. Requires the Director to regularly develop, issue, and update guidance within EPA for any risk characterizations that may be conducted by EPA. Sets forth contents of such guidance. Requires the Director to: (1) promote open dialogue to improve the use of risk assessments by decisionmakers and to accurately and clearly communicate risk characterizations; and (2) regularly evaluate risk assessment research and training needs of EPA and develop a strategy and schedule for carrying out such research and training. Provides for, as part of the Program, a two-year pilot project using comparative risk analysis to rank dissimilar environmental risks and provide a common basis for evaluating strategies for reducing or preventing such risks. Requires the Director of the Office of Science and Technology Policy to: (1) periodically survey the manner in which Federal agencies are conducting risk assessment; (2) provide recommendations to the President based on such surveys; and (3) establish interagency mechanisms to promote coordination of Federal risk assessment and mechanisms between Federal and State agencies to communicate state-of-the-art risk assessment practices.
United States · United States Congress · 28 April 1994
Requires the public facility of the National Museum of Health and Medicine to be located on the following adjacent areas of Federal land in the District of Columbia: (1) the east plaza of the Hubert Humphrey Building, presently occupied by the Department of Health and Human Services; (2) the entire portion of 2nd Street, Southwest, that is located between C Street and Washington Avenue, Southwest; and (3) a triangular park, known as Square N-580, which lies immediately to the east of 2nd Street, Southwest. Authorizes the Administrator of General Services to apply for the closing and transfer of jurisdiction over the latter two areas, from the District to the General Services Administration for the purpose of locating the Museum.
United States · United States Congress · 21 April 1994
Waterways Restoration Act of 1994 - Amends the Watershed Protection and Flood Prevention Act to delete the requirement that each watershed improvement under such Act must contain benefits directly related to agriculture that account for at least 20 percent of the total project benefits. Directs the Secretary of Agriculture to establish and implement a Waterways Restoration Program which provides technical assistance and grants, on a competitive basis, to eligible entities for carrying out waterway restoration projects. Requires such projects to achieve ecological restoration or protection and one or more of the following objectives: (1) flood damage reduction; (2) erosion control; (3) stormwater management; or (4) water quality enhancement. Provides project descriptions and priorities, including the location of projects in low-income or economically depressed areas adversely impacted by poor watershed management. Outlines other project requirements, including a cost-benefit analysis. Requires the Secretary to designate Program administrators for each participating State (including a State agency if approved by the Secretary). Requires program grants to be awarded on an annual basis. Provides project application and selection requirements, including the establishment in each participating State of an interdisciplinary team of specialists to assist in reviewing project applications under the Program. Outlines conditions for receiving assistance under the Program, with sponsor and cosponsor requirements. Requires a non-Federal share of 25 percent of project costs, with a waiver for economically depressed communities. Limits the administrative and technical assistance costs of the Program. Requires the governor of each participating State to establish a citizens oversight committee to evaluate management of the Program in that State. Requires program administrators to issue annual reports summarizing the Program evaluations of the oversight committees. Provides funding.
United States · United States Congress · 18 April 1994
Gun-Free Public Housing Zones Act of 1994 - Amends the Federal criminal code to prohibit the possession or discharge of a firearm in a public housing zone, with exceptions for security and law enforcement personnel. Provides for fines of up to $5,000, up to five years' imprisonment (to be served consecutively with regard to any other term imposed), or both for violations of this Act. Encourages authorities to post signs warning of the prohibition against the illegal possession of firearms in public housing zones.
United States · United States Congress · 13 April 1994
Enhanced Access to Support Enforcement Act of 1994 - Amends the Federal judicial code to require States to give full faith and credit to child support orders of other States.
United States · United States Congress · 13 April 1994
Requires the establishment of a budget reserve account for the funding for natural disasters and national security emergencies. Amends the Congressional Budget Act of 1974 to include such funding in the budget process. Amends the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act) to repeal provisions relating to emergency appropriations. Requires annual reports to the Congress on expenditures from such account.
United States · United States Congress · 24 March 1994
Humanitarian Aid Corridor Act - Prohibits foreign assistance funds from being used to provide assistance to any country for any portion of a fiscal year during which the country prohibits or restricts the transport or delivery of U.S. humanitarian assistance to any other country. Makes such prohibition inapplicable if the President determines and notifies the Congress that providing assistance: (1) is in the national interest; or (2) will benefit directly non-military personnel who are in immediate danger resulting from a natural or manmade disaster (provided that such assistance is humanitarian assistance distributed directly to such personnel or through international relief organizations).
United States · United States Congress · 24 March 1994
Counterintelligence Improvements Act of 1994 - Amends the National Security Act of 1947 to establish requirements for access to "top secret" information (access). Entitles the President and Vice President, Members of the Congress, Justices of the Supreme Court, and Article III judges to access information needed for the performance of their governmental functions without regard to the other provisions of this Act. Restricts access among Government employees to those who are U.S. citizens who require routine access for the performance of official governmental functions and who have been determined to be trustworthy based upon background investigations. Permits access by others only as permitted in accordance with specified regulations issued by the President which: (1) require of such individuals background investigations and consent to the examination of financial and foreign travel records, as well as the reporting of unauthorized contacts with foreign nationals; (2) provide follow-up investigations; (3) allow access by others for national security reasons; and (4) provide implementation and reporting requirements. Sets forth provisions authorizing waivers for national security reasons. Requires, as conditions of access to classified cryptographic information, that persons: (1) meet the requirements applicable to those having access to top secret information; and (2) be subject, during the period of such access, to periodic polygraph examinations limited in scope to questions of a counterintelligence nature. Amends the Right to Financial Privacy Act to permit a customer who is the subject of a personnel security investigation conducted by an authorized investigative Government agency as a condition of being granted or maintaining access to top secret information to authorize nonrevocable disclosure of all financial records maintained by financial institutions to the appropriate governmental authorities for the period of the customer's access and for up to five years after such access has been terminated. (Under current law, a person may consent to access to his or her financial records for a period of three months.) Makes it a crime to possess espionage devices with intent to violate the espionage statutes and to sell top secret documents or materials to foreign governments, with exceptions and a defense that the information was public. Makes it a misdemeanor for a U.S. officer, employer, or contractor to knowingly remove top secret documents and retain them at an unauthorized location. Amends the Federal criminal code to: (1) grant specified U.S. courts jurisdiction to try cases involving espionage and related offenses begun or committed outside the United States; and (2) extend coverage of the special forfeiture provision (permitting the Attorney General to file suit to recover the profits of certain crimes) to additional crimes of espionage and to espionage convictions in foreign courts for misconduct that would constitute offenses under U.S. espionage laws. Permits the Government to deny retirement pay to U.S. retirees in the civil service, Foreign Service, and Central Intelligence Agency retirement and disability systems who are convicted of espionage in foreign courts which involve U.S. national defense information, subject to certification by the Attorney General as to the presence of certain procedural safeguards for such individuals. Amends the Consumer Credit Protection Act to require consumer reporting agencies, upon request, to furnish: (1) consumer reports to the FBI pursuant to a written certification by the Director of the FBI that the records are sought for an authorized foreign counterintelligence investigation and that the person to whom such reports relate is believed to be a foreign agent; and (2) identifying information respecting any consumer at the Director's request when necessary to the conduct of an authorized counterintelligence investigation. Prohibits such agencies from divulging to the consumer that the FBI has sought or obtained such information. Authorizes the Attorney General to pay rewards of up to $1 million for information leading to: (1) the arrest or conviction of any individual for committing, or conspiring or attempting to commit, espionage; or (2) the prevention or frustration of an act of espionage against the United States. Amends the Foreign Intelligence Surveillance Act of 1978 to provide a court order process, similar to that required for electronic surveillance, for physical searches for foreign intelligence purposes. Sets forth: (1) reporting requirements; (2) penalties for intentional violations of search or nondisclosure requirements; and (3) provisions for civil actions, including punitive damages, for violations with respect to an unauthorized search or the disclosure of information arising out of an unauthorized search.
United States · United States Congress · 24 March 1994
United States Botanic Garden Commemorative Coin Act of 1995 - Directs the Secretary of the Treasury to: (1) issue one-dollar silver coins to commemorate the 175th anniversary of the founding of the United States Botanic Garden; and (2) pay all surcharges received from such coin sales to the National Fund for the United States Botanic Garden.
United States · United States Congress · 24 March 1994
Calls for the United States, at the International Conference on Population and Development, to: (1) place the highest priority on the success of the Conference by actively participating, particularly through the President's personal participation; (2) propose or support an initiative concerning the financing of global cooperation on efforts to slow rapid population growth that takes into account the costs of slowing growth and the basic development goals of developing countries and that increases accountability for the use of funds provided for family planning purposes; (3) seek to initiate a process of regular high-level intergovernmental consultations on the issues under consideration at the Conference and establish improved organizational and procedural means to implement its objectives; (4) support the effective implementation of a global action plan to raise the economic, educational, and leadership status of women and programs that provide maternal and child health care, education, and training for women and voluntary family planning; and (5) promote public participation, especially by women, at all levels of formulation and implementation of family planning and sustainable development policy and programs.
![Official portrait of Rep. Porter, John Edward [R-IL-10]](https://www.congress.gov/img/member/p000444_200.jpg)