United States · United States Congress · 28 September 1996
TABLE OF CONTENTS: Title I: Statement of Congressional Purpose Title II: Binding Budget Law Title III: Enforcement of Budget Discipline Subtitle A: Supermajority Required to Break Budget Law Subtitle B: Line Item Reduction Subtitle C: "Blank Check" Appropriations Prohibited Subtitle D: "Pay-as-You-Go" Requirement for New Spending Subtitle E: "Lock-Box" for Savings From Spending Reductions Title IV: Sustaining Mechanism Title V: Protection of Social Security Title VI: Technical Amendments to Federal Law to Carry Out This Act Title VII: Definitions and Rules of Interpretation Budget Process Reform Act - Title I: Statement of Congressional Purpose - Expresses the sense of the Congress that the Federal budget process should focus the attention of policymakers and the public on the aggregate impact of Federal spending on the economy, and on the tradeoffs that must be made among priorities in order to control overall levels of spending. Declares that the budget process should contain safeguards against delay and inaction, so that temporary shut-downs of the Government may be avoided. Title II: Binding Budget Law - Requires the Congress to enact a binding budget law, in the form of a joint resolution, by April 15 of the calendar year before that in which the fiscal period commences. (Sec. 202) Makes it out of order in the House of Representatives or the Senate to consider any spending bill affecting spending in a major functional category unless and until a joint resolution on the budget is enacted. Amends the Congressional Budget Act of 1974 (CBA) to require a two-thirds majority vote in the House and the Senate to consider any spending bill prior to the enactment of the budget law. Repeals authority for consideration of spending bills prior to adoption of the budget resolution. (Sec. 203) Prohibits baseline budgeting. Requires objective year- to-year comparisons under budget law, with the starting point for both Presidential and congressional budgets the levels of budget outlays for the current fiscal year. (Sec. 204) Amends the CBA to establish a rainy day fund for natural disasters. Requires budget law to include a major functional category for natural disasters, under specified conditions. (Sec. 205) Amends Federal law relating to the contents of the President's annual budget submission to the Congress to require the President to submit: (1) a budget of the U.S. Government for the following fiscal period on a single page, which sets forth specific budget ceilings in each major functional category, by the first Monday in February of each year before that in which a fiscal period commences; and (2) a detailed budget for that fiscal period, on or before the 15th day after a joint resolution on the budget for the following budget period is enacted. Title III: Enforcement of Budget Discipline - Subtitle A: Supermajority Required to Break Budget Law - Amends CBA to require the Congressional Budget Office (CBO) to provide to the Congress an estimate of the costs in each major functional category of each spending bill before being voted on by the Senate or the House. (Sec. 301) Requires a two-thirds affirmative vote in the House and the Senate to consider over-budget spending bills. (Sec. 302) Requires a two-thirds affirmative vote in the House and the Senate to waive any provision of this Act. Subtitle B: Limited Enhanced Rescission Authority - Amends the Impoundment Control Act of 1974 to authorize the President to exercise line-item reduction authority if the Congress exceeds the budget ceilings in the binding budget law or an automatic continuing resolution for a fiscal period. Declares that such authority shall permit the reduction of over-budget spending in a major functional category to the level established in the binding budget law or automatic continuing resolution. Sets forth procedures for congressional introductions of line-item bills after the President transmits a special message to rescind an item of budget authority. Prohibits amendments to such bills. Subtitle C: "Blank Check" Appropriations Prohibited - Declares the intent of the Congress to end open-ended, "blank check" appropriations which typically authorize spending "such sums as may be necessary." (Sec. 306) Amends CBA to require fixed-dollar appropriations for every account except Social Security and interest on the debt. Prohibits open-ended appropriations. (Sec. 307) Requires Executive agencies to adjust expenditures, including program eligibility requirements and benefit levels, to ensure that appropriations for entitlement programs are not exceeded. (Sec. 308) Restricts budget authority and entitlement authority to one fiscal period. Subtitle D: "Pay As You Go" Requirement for New Spending - Amends CBA to prohibit the Congress from considering any legislation which exceeds the budget ceiling unless it offsets such increased spending with an equal amount of reductions. Requires a two-thirds affirmative vote in the House or in the Senate to waive such prohibition. Sets forth special rules in the case of legislation that exceeds a budget ceiling for the natural disaster functional category. Repeals a CBA provision for an exemption in the House from pay-as- you-go rules. Subtitle E: "Lock-Box" for Savings From Spending Reductions - Amends CBA to: (1) establish "lock-box" procedures to ensure budget savings from House and Senate amendments to appropriations bills result in actual spending cuts; (2) require Congressional Budget Office (CBO) reports on such procedures; and (3) mandate reduction of spending allocations to House and Senate committees and subcommittees to meet "lock-box" levels. Title IV: Sustaining Mechanism - Makes appropriations to provide for an automatic continuing resolution if for any account an appropriation for a fiscal period does not become law before the beginning of such period. (Sec. 402) Provides for contingency regulations for automatic continuing resolutions. Grants each State the option of receiving an aggregate amount for the fiscal period for social safety net programs equal to the allocation to the State for such programs in the preceding fiscal period. (Sec. 403) Restricts consideration of legislation providing budget or spending authority to only that reported by the Committees on Appropriations. Makes such restriction inapplicable in the case of Social Security benefits. Title V: Protection of Social Security - Provides that nothing in this Act shall be construed to require or permit reductions in otherwise payable Social Security benefits. (Sec. 502) Provides that no reduction in benefits under title II of the Social Security Act (Old Age, Survivors and Disability Insurance) shall be made as a consequence of this Act. Title VI: Technical Amendments to Federal Law to Carry Out This Act - Makes various technical and conforming amendments, including changing references to a concurrent resolution on the budget to references to a joint resolution on the budget. Title VII: Definitions and Rules of Interpretation - Sets forth definitions for specified terms. Changes the definition of budget authority to exclude offsetting receipts.
United States · United States Congress · 26 September 1996
Deems a named individual to have been a Federal employee in the performance of his duties at the time of his injury for purposes of determining eligibility for worker's compensation. Requires the individual's application to be approved and payments to be made as computed by the Secretary of Labor.
United States · United States Congress · 18 September 1996
TABLE OF CONTENTS: Title I: Overseas Private Investment Corporation Title II: Trade and Development Agency Title III: Export Promotion Programs Export Programs Extension Act of 1996 - Title I: Overseas Private Investment Corporation - Amends the Foreign Assistance Act of 1961 to increase the ceilings on the maximum contingent liabilities outstanding at any one time for investment insurance and for the financing of investment guarantees issued by the Overseas Private Investment Corporation (OPIC) as well as of direct U.S. investment loans. Extends OPIC's authority to issue such insurance and guarantees through FY 1997. Title II: Trade and Development Agency - Authorizes appropriations for the Trade and Development Agency for FY 1997. Title III: Export Promotion Program - Amends the Export Administration Amendments Act of 1985 to authorize appropriations for the Department of Commerce export promotion programs for FY 1997.
United States · United States Congress · 2 August 1996
Restores Federal armed forces provisions relating to the status of missing persons as in effect before amendments made by the National Defense Authorization Act for Fiscal Year 1997.
United States · United States Congress · 12 July 1996
George Bush School of Government and Public Service Act - Authorizes the Secretary of Education to make a grant to assist in the establishment of the George Bush Fellowship Program, located at the George Bush School of Government and Public Service of the Texas A & M University. Authorizes appropriations.
United States · United States Congress · 9 July 1996
TABLE OF CONTENTS: Title I: Overseas Private Investment Corporation Title II: Trade and Development Agency Title III: Export Promotion Programs within the International Trade Administration Title IV: Trade Promotion Coordinating Committee Exports, Jobs, and Growth Act of 1996 - Title I: Overseas Private Investment Corporation - Amends the Foreign Assistance Act of 1961 to increase the maximum per capita income levels of less developed countries eligible for Overseas Private Investment Corporation (OPIC) economic investment projects. Increases the ceilings on the maximum contingent liabilities outstanding at any one time for investment insurance and for the financing of investment guarantees issued by OPIC as well as of direct U.S. investment. Extends OPIC's authority to issue such insurance and guarantees through FY 2000. Revises the congressional purpose of OPIC to include increasing U.S. exports to less developed countries and countries in transition from nonmarket to market economies. Revises the composition of the OPIC Board of Directors. Title II: Trade and Development Agency - Authorizes appropriations for the Trade and Development Agency for FY 1997 and 1998. Title III: Export Promotion Programs Within the International Trade Administration - Amends the Export Administration Amendments Act of 1985 to authorize appropriations for the Department of Commerce export promotion programs for FY 1997 and 1998. Title IV: Trade Promotion Coordinating Committee - Amends the Export Enhancement Act of 1988 to require the Trade Promotion Coordinating Committee to develop a Federal trade promotion plan that, among other things, identifies the means for providing more coordinated export promotion services to small and medium-sized businesses.
United States · United States Congress · 27 June 1996
Expresses the sense of the Congress that, as part of balancing the budget and reevaluating the role of government, Federal, State, and local elected officials should carefully consider the cost of Government spending and regulatory programs in the year to come so that American families will be able to keep more of what they earn.
United States · United States Congress · 4 June 1996
Provides that upon presentation by the State of Wisconsin of their plan for the "Wisconsin Works" (welfare reform) demonstration project to the appropriate Federal official for any Federal entitlement program specified in the plan: (1) such official is deemed to have waived compliance with the requirements of Federal law with respect to such program, to the extent and for the period necessary to enable the State to carry out the demonstration project; and (2) the costs of carrying it out which would not otherwise be included as program expenditures shall be regarded as program expenditures, except to the extent that the sum of such costs and the expenditures of the State under all such programs during any testing period exceeds the total amount that would be expended under such programs during such testing period in the absence of the demonstration project. Provides for the recapture of excess amounts under certain conditions. States that this Act shall not have any effect on certain other waivers granted to Wisconsin before enactment of this Act, and that the current waivers are considered a precondition and can be subsumed as part of the Wisconsin Works demonstration. Provides that if, after enactment of this Act, any Federal law is enacted which modifies the terms of, or the amounts of expenditures permitted under, any program to which this Act applies, Wisconsin may elect to participate in such program as so modified.
United States · United States Congress · 7 May 1996
Thrift Charter Merger Commission Act of 1996 - Establishes a nonpartisan Thrift Charter Merger Commission to: (1) examine the legal and public policies issues of savings association conversions into banks and their consequences upon the financial services industry and consumers; (2) make recommendations to the Congress on the most efficient, least disruptive way to achieve such conversions; and (3) review ways to rationalize depository institution regulation and reorganize the Federal banking agencies. Identifies issues for Commission considerations. Sets forth procedures in both houses of the Congress for consideration of any bill implementing Commission recommendations. Authorizes appropriations.
United States · United States Congress · 25 April 1996
Antimicrobial Pesticide Registration Reform Act of 1995 - Amends the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) to exclude: (1) bacteria from the definition of "fungus"; and (2) liquid chemical sterilant products for use on a critical or semi-critical medical or dental device from the definition of "pesticide." Directs the Administrator of the Environmental Protection Agency to: (1) coordinate data requirements, test protocols, timetables, and standards of review and reduce burdens and redundancy caused to the registrant, whenever data in support of a pesticide registration is requested by one or more State or Federal agencies; and (2) develop a process to identify and assist in alleviating future disparities between Federal and State data requirements. Provides, with respect to the labeling of an antimicrobial pesticide product, that: (1) a registrant may modify the labeling to include relevant information on the product's efficacy, composition, or container or other characteristics unrelated to a pesticidal claim or activity; (2) such labeling shall not be false or misleading or in conflict with statements required as a condition of registration and be substantiated upon request; (3) modifications shall be subject to a notification and approval process; and (4) different cautionary statements for use dilutions may be included in the labeling upon approval of the Administrator. Directs the Administrator, to the maximum extent practicable, to identify and evaluate changes to the process for registration of antimicrobial pesticides that will reduce current time periods for review. Details rulemaking requirements regarding the review of such pesticides. Requires an annual report to the Congress on measures taken to effect such changes. Exempts from applicability of certain FIFRA storage, disposal, transportation, and container requirements household, industrial, or institutional antimicrobial products that are not subject to regulation under the Solid Waste Disposal Act, unless the Administrator determines that their application is necessary to prevent an unreasonable adverse effect on the environment.
United States · United States Congress · 29 March 1996
Amateur Radio Volunteer Services Act of 1996 - Amends the Communications Act of 1934 to provide that an individual licensee in the amateur radio service who provides volunteer services to the Federal Communications Commission shall be deemed to be a Federal employee only for purposes of Federal tort claims procedure (the adjudication of claims against Federal employees for damages or injuries caused by the employee while acting within the scope of employment).
United States · United States Congress · 27 March 1996
Repeals provisions of the Federal Agriculture Improvement and Reform Act of 1996 that grant congressional consent to the Northeast Interstate Dairy Compact entered into among the States of Vermont, New Hampshire, Maine, Connecticut, Rhode Island, and Massachusetts, subject to specified conditions, including conditions under which Delaware, New Jersey, New York, Pennsylvania, Maryland, and Virginia may join the Compact.
United States · United States Congress · 26 March 1996
Congratulates the people of Taiwan on holding the first democratic presidential election in Chinese history. Declares that the United States is committed to: (1) moving nations toward freedom and democracy; and (2) encouraging and protecting its democratic friends on Taiwan, within the framework of the Taiwan Relations Act.
United States · United States Congress · 21 March 1996
Defend America Act of 1996 - Expresses U.S. policy to deploy by the end of 2003 a National Missile Defense (NMD) system that: (1) is capable of providing a highly effective defense of U.S. territory against limited, unauthorized, or accidental ballistic missile attack; (2) will be augmented over time to provide a layered defense against larger and more sophisticated ballistic missile threats; and (3) does not feature an offensive-only form of deterrence. Directs the Secretary of Defense to develop for deployment an affordable and operationally effective NMD system which shall achieve an initial operational capability by the end of 2003. Outlines system elements, including the use of missile interceptors on the ground, at sea, and in space. Directs the Secretary to take specified actions to implement the NMD system development upon enactment of this Act, including the conduct of an integrated systems test by the end of 1998. Requires the Secretary to report to the Congress the Secretary's plans for the development and deployment of the NMD system. Urges the President to pursue high-level discussions with the Russian Federation to achieve an agreement to amend the Anti-Ballistic Missile (ABM) Treaty to allow deployment of the NMD system. Requires the President to present any such agreement to the Senate for its advice and consent. Requires the President and the Congress, if such an agreement is not achieved within one year after enactment of this Act, to consider exercising the option of withdrawing the United States from the ABM Treaty.
United States · United States Congress · 14 March 1996
Declares that the House of Representatives: (1) endorses efforts by the Bureau of Engraving and Printing to upgrade the currency for security reasons; and (2) strongly encourages the Secretary of the Treasury and the Bureau to incorporate cost-effective, tactile features into the design changes, thereby including the blind and visually impaired in independent currency usage.
United States · United States Congress · 5 January 1996
Congratulates the Green Bay Packers on winning the 1995 National Football Conference Central Division championship. Commends Brett Favre for his performance as quarterback. Recognizes the team's commitment to athletic excellence.
United States · United States Congress · 21 December 1995
Requires that the basic pay of Members of Congress be treated in the same manner as the basic pay of the most adversely affected Federal employees who are not compensated for any period in which: (1) there is more than a 24-hour lapse in appropriations for any Federal agency or department as a result of a failure to enact a regular appropriations bill or continuing resolution; or (2) the Federal Government is unable to make payments or meet obligations because the public debt limit has been reached. Requires the same treatment for the President's basic pay. Directs the Secretary of the Senate and the Chief Administrative Officer of the House of Representatives to promulgate any regulations needed to implement this Act in a manner consistent with the U.S. Constitution.
United States · United States Congress · 6 December 1995
Congressional Responsibility Act of 1995 - Prohibits a regulation from taking effect before the enactment of a bill comprised solely of the text of the regulation. Requires an agency, whenever it promulgates a regulation, to submit to each House of the Congress a report containing its text and an explanation. Sets forth expedited congressional procedures for consideration of agency regulations.
United States · United States Congress · 28 November 1995
Constitutional Amendment - Declares that: (1) to secure the people's right to acknowledge God according to their conscience, nothing in the Constitution shall prohibit acknowledgement of the religious heritage, beliefs, or traditions of the people or prohibit student-sponsored prayer in public schools; and (2) neither the United States nor any State shall compose any official prayer, compel joining in prayer, or discriminate against religious expression or belief.
United States · United States Congress · 28 November 1995
Expresses the sense of the House of Representatives that: (1) the President should immediately ask for, and accept, the resignation of the Secretary of Energy; and (2) Secretary O'Leary should reimburse the Federal Government from her personal funds for specified expenditures.
United States · United States Congress · 17 November 1995
Authorizes the Speaker of the House of Representatives and the President pro tempore of the Senate to present, on behalf of the Congress, a gold medal to Billy and Ruth Graham in recognition of their outstanding and enduring contributions toward faith, morality, and charity. Authorizes the Secretary of the Treasury to strike and sell bronze duplicates of such medal. Directs the Secretary to transfer from the Numismatic Public Enterprise Fund to the Library of Congress the amount by which the sum of any gifts and donations received by the Secretary to carry out this Act and any proceeds from the sale of bronze duplicates exceeds the total amount of the costs incurred by the Secretary in carrying out this Act.
United States · United States Congress · 9 November 1995
Prohibits the obligation or expenditure of funds appropriated or otherwise made available to the Department of Defense for the ground deployment of U.S. forces in Bosnia and Herzegovina as part of any peacekeeping operation or implementation force, unless funds for such deployment have been specifically appropriated by a law enacted after the date of enactment of this Act.
United States · United States Congress · 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 · 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 · 26 October 1995
Prohibits the obligation or expenditure of funds appropriated or otherwise made available to the Department of Defense for the ground deployment of U.S. forces in Bosnia and Herzegovina as part of any peacekeeping operation or implementation force, unless the deployment is specifically authorized by a law enacted after the date of enactment of this Act.
United States · United States Congress · 19 October 1995
Animal Drug Availability Act of 1995 - Amends Federal Food, Drug, and Cosmetic Act provisions relating to new animal drugs to redefine "substantial evidence" to mean evidence from one or more scientifically sound studies including, as appropriate, in vitro studies, studies in laboratory animals, bioequivalence studies, and any studies voluntarily undertaken by or for the applicant that provide some assurance that the drug will have the intended effect. Excludes a claim for the use of a drug in a minor species or a minor use of a drug from disapproval, if there is an application filed for the drug which is approved prior to the submission of the claim. Allows consideration, when a new animal drug contains more than one active ingredient or its labeling suggests use of the drug in combination with another animal drug, only of whether any of the active ingredients or any of the drugs in the combination, at the longest withdrawal time of any of the active ingredients or drugs in the combination, exceeds its established tolerance or interferes with the methods of analysis for another of the active ingredients or drugs in the combination. Requires the Secretary to issue proposed regulations implementing the provisions of this section which: (1) further define "substantial evidence;" (2) take into account the proposals contained in the citizen petition submitted by the American Veterinary Association and the Animal Health Institute; and (3) provide for the opportunity for a conference to make a decision establishing a submission or an investigational requirement. (Sec. 4) Requires the Secretary to approve or disapprove the application within 90 (currently 180) days of receipt of the application. (Sec. 5) Requires: (1) the Secretary to refer disputed issues received in writing from an applicant to an advisory committee or to a special Government employee; and (2) the committee or employee to submit a report containing recommendations regarding the matter. (Sec. 6) Requires the Secretary to refuse approval of an application if information submitted with respect to the drug indicates that any use suggested in labeling proposed for that drug will result in a unsafe amount of residue. (Sec. 7) Permits the export of an unsafe (as defined in the Act) new animal drug, if it is not in conflict with the laws of the country to which it is exported. (Currently, such export is prohibited.)
United States · United States Congress · 29 September 1995
Amends the Internal Revenue Code to place the burden of proof on the taxpayer in the case of any administrative proceeding and on the Secretary in the case of any court proceeding. Requires a 30-day notice before lien. Prohibits the Secretary from collecting any tax (or other sum) by levy without judicial consent. Requires a 30-day notice before seizure. Increases the limit on the recovery of civil damages for certain unauthorized collection actions to $1 million and excludes such damages from gross income.
United States · United States Congress · 27 September 1995
Truth in Lending Act Amendments of 1995 - Amends the Truth in Lending Act (TILA) to exclude from the determination of finance charge for any consumer credit transaction fees imposed by third party closing agents, including settlement agents, attorneys, escrow and title companies, that are neither required nor retained by the creditor (thereby exempting such fees from TILA disclosure requirements). Modifies the determination of finance charge to include borrower-paid mortgage broker fees. Exempts from the required computation of finance charge: (1) certain taxes on security instruments or evidences of indebtedness if they are a prerequisite for recordation; (2) fees for loan document preparation; and (3) appraisal fees related to pest infestations and flood hazard inspections. Instructs the Board of Governors of the Federal Reserve System to report to the Congress on statutory or regulatory changes necessary to: (1) ensure that finance charges more accurately reflect the cost of credit; and (2) address abusive refinancing practices intended to avoid rescission. (Sec.3) Permits finance charge disclosures to vary within specified accuracy tolerance limits for certain consumer credit transactions secured by real property or a dwelling. Sets disclosure accuracy guidelines for per diem interest rate disclosures on consumer credit transactions. (Sec. 4) Shields a creditor or assignee, except in certain kinds of actions, from liability in connection with disclosures of: (1) certain fees, taxes, and charges; and (2) finance charges that fall within certain statutory tolerance limits. (Sec. 5) Restricts rescission liability arising from the form of written notice used by the creditor. (Sec. 6) Provides for damages ranging from $200 to $2,000 for an individual consumer credit transaction not under an open end credit plan that is secured by real property or a dwelling. (Sec. 7) Modifies assignee liability guidelines to: (1) apply them to consumer credit transactions secured by real property; and (2) provide that a violation is apparent on the face of the disclosure statement if the disclosure does not use the format required by law. States that the servicer of a consumer obligation arising from a consumer credit transaction shall not be treated as an assignee of an obligation unless the servicer owns it. (Sec. 8) Identifies circumstances under which a consumer has a right to rescind a consumer credit transaction after the initiation of any judicial or nonjudicial foreclosure process on the consumer's primary dwelling securing the debt.
United States · United States Congress · 19 September 1995
TABLE OF CONTENTS: Title I: Bank Insurance Fund and Savings Association Insurance Fund Title II: Status of Banks and Savings Associations Title III: Transfer of Functions, Personnel, and Property Title IV: Loan Loss Reserve Treatment Thrift Charter Conversion Act of 1995 - Title I: Bank Insurance Fund and Savings Association Insurance Fund - Amends the Federal Deposit Insurance Act (FDIA) to prescribe guidelines for the imposition of a single additional special assessment on each member of the Savings Association Insurance Fund (SAIF) and the Bank Insurance Fund (BIF), for deposit into the SAIF. (Sec. 102) Amends the Federal Home Loan Bank Act to make conforming amendments to the assessment authority of the Financing Corporation (FICO), extending FICO assessments to all depository institutions insured by the Federal Deposit Insurance Corporation (FDIC). Amends the FDIA to declare that assessment rates for SAIF members may not be less than assessment rates for BIF members. Amends the FDIA to: (1) repeal its exit moratorium and conversion (Oakar) provisions; (2) replace the BIF with a deposit insurance fund initially consisting of the merged assets and liabilities of the BIF and SAIF; (3) direct the FDIC to merge the BIF and SAIF into the deposit insurance fund by January 1, 1998; and (4) establish in the new deposit insurance fund a special emergency reserve. (Sec. 104) Prescribes procedural guidelines with respect to the refund of amounts in a deposit insurance fund in excess of the designated reserve amount. (Sec. 105) Prohibits the FDIC Board of Directors from setting semi-annual assessments in excess of the amount needed to maintain or achieve the designated reserve ratio of a deposit insurance fund. Title II: Status of Banks and Savings Associations - Prescribes procedural guidelines for the termination of Federal savings association charters and their conversion into national bank charters or State depository institution charters. Prohibits the Director of the Office of Thrift Supervision from granting any charter for a Federal savings association. Amends the FDIA to treat State Savings Associations as banks for purposes of Federal banking law. (Sec. 202) Amends the Bank Holding Company Act of 1956 to permit continuation of grandfathered bank holding company activities and affiliations. (Sec. 203) Sets forth transition provisions for: (1) activities of savings associations and mutual savings associations which have converted into or become treated as banks; and (2) registration of bank holding companies resulting from conversions of savings associations to banks or treatment of savings associations as banks. (Sec. 208) Repeals the Home Owners' Loan Act. Title III: Transfer of Functions, Personnel, and Property - Abolishes the Office of Thrift Supervision and the position of Director of such Office. Transfers its functions, personnel, and property to the Office of the Comptroller of the Currency, the FDIC, or the Board of Governors of the Federal Reserve System. Title IV: Loan Loss Reserve Treatment - Amends the Internal Revenue Code to repeal the special thrift bad debt reserve method.
United States · United States Congress · 13 September 1995
TABLE OF CONTENTS: Title I: General Provisions Title II: Department of Trade Subtitle A: Establishment Subtitle B: Transfers to the Department Subtitle C: Administrative Provisions Subtitle D: Related Agencies Subtitle E: Conforming Provisions Title III: Transitional, Savings, and Conforming Provisions Title IV: Miscellaneous Department of Trade Establishment Act- Title I: General Provisions - Sets forth definitions. Title II: Department of Trade - Subtitle A: Establishment - Establishes the Department of Trade (Department), to be administered by a Secretary of Trade (Secretary) appointed by the President, by and with the advice and consent of the Senate. (Sec. 202) Directs the Secretary, among other things, to: (1) exercise primary responsibility for developing international trade policy, including the initiation of international trade negotiations; (2) establish a national export strategy; (3) enhance the ability of U.S. industry and services to compete in international markets; and (4) identify unfair foreign trade practices that are either inconsistent with any trade agreement with the United States or have an adverse impact on U.S. commerce. (Sec. 203) Establishes: (1) the Bureau of Export Promotion; (2) the Bureau of Trade Policy; and (3) the Bureau of Trade Administration. (Sec. 206) Establishes within the Department: (1) a Deputy Secretary of Trade; (2) three Under Secretaries of Trade; (3) six Assistant Secretaries of Trade; (4) a General Counsel; and (5) an Inspector General. Subtitle B: Transfers to the Department - Transfers to the Secretary functions of the : (1) Secretary of Commerce; (2) Department of Commerce, including functions performed by certain of its officers and employees; (3) the United States Trade Representative (USTR); and (4) Director of the Trade and Development Agency. (Sec. 222) Amends the Export-Import Bank Act of 1945 to revise the membership of the Board of Directors of the Export-Import Bank of the United States. Amends the Omnibus Trade and Competitiveness Act of 1988 to require the Commercial Service to provide certain assistance with respect to the Bank's lending, loan guarantee, and insurance activities. (Sec. 223) Amends the Foreign Assistance Act of 1961 to revise the congressional purpose of the Overseas Private Investment Corporation (OPIC) to include to increase exports to less developed countries and countries in transition from nonmarket to market economies. Revises the membership of the Board of Directors of the OPIC. (Sec. 225) Directs the President to transmit to the Congress a comprehensive plan to consolidate Federal nonagricultural export promotion activities and transfer them to the Department. Subtitle C: Administrative Provisions - Sets forth certain administrative provisions, including the establishment of a working capital fund. Subtitle D: Related Agencies - Amends the Trade Expansion Act of 1962 and the National Security Act of 1947 to revise the composition of the Interagency Trade Organization and the National Security Council to include the Secretary. (Sec. 253) Amends the Bretton Woods Agreement Act to require the U.S. executive director of the International Monetary Fund to consult with the Secretary with respect to matters under consideration by the Fund which relate to trade. Subtitle E: Conforming Provisions - Amends specified Federal laws to set forth conforming provisions. Title III: Transitional, Savings, and Conforming Provisions - Sets forth transitional, savings, and conforming provisions. Title IV: Miscellaneous - Sets forth effective dates. (Sec. 404) Authorizes appropriations. (Sec. 405) Limits annual expenditures for any function not terminated by this Act to 75 percent of FY 1995 expenditures for the performance of such function.
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 · 3 August 1995
Family Business Protection Act of 1995 - Amends the Internal Revenue Code to exclude from the gross estate, for estate tax purposes, specified portions of the adjusted value of the qualified family-owned business interests of the decedent.
United States · United States Congress · 27 July 1995
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
TABLE OF CONTENTS: Title I: General Provisions Title II: United States Trade Administration Subtitle A: Establishment Subtitle B: Officers Subtitle C: Transfers to the Administration Subtitle D: Administrative Provisions Subtitle E: Related Agencies Subtitle F: Conforming Amendments Title III: Transitional, Savings, and Conforming Provisions Title IV: Miscellaneous Trade Reorganization Act of 1995 - Title I: General Provisions - Sets forth congressional findings with respect to the expansion of U.S. trade. Title II: United States Trade Administration - Subtitle A: Establishment - Establishes the United States Trade Administration (Administration), to be administered by the United States Trade Representative (USTR). (Sec. 202) Directs the USTR, among other things, to: (1) exercise primary responsibility for developing international trade policy, including the initiation of international trade negotiations; (2) establish a national export strategy; and (3) promote new opportunities for U.S. products and services to compete in the world marketplace. Subtitle B: Officers - Establishes the officers of the Administration, including a Deputy Administrator, two Deputy USTR's, and a Director General for Export Promotion. Subtitle C: Transfers to the Administration - Transfers to the USTR of the Administration all functions of: (1) the USTR and the Office of the USTR in the Executive Office of the President; (2) specified officers and employees of the Department of Commerce; and (3) the Director of the Trade and Development Agency. Subtitle D: Administrative Provisions - Sets forth administrative provisions, including establishment of a working capital fund. (Sec. 242) Directs the USTR to report to the President and the Congress any recommendations for the establishment of a Professional Trade Service Corps to administer U.S. trade policies and activities. Subtitle E: Related Agencies - Amends the Trade Expansion Act of 1962 to revise the composition of the Interagency Trade Organization to replace the Secretary of Commerce with representatives of such other Federal agencies as the USTR shall designate. (Sec. 252) Amends the National Security Act of 1947 to include the USTR in National Security Council. (Sec. 253) Amends the Bretton Woods Agreement Act to require the U.S. executive director of the International Monetary Fund to consult with the USTR with respect to trade matters under consideration by the Fund. Subtitle G (sic): Conforming Amendments - Makes conforming amendments to the Trade Act of 1974. (Sec. 261) Amends the Foreign Service Act of 1980 to authorize the USTR (currently, the Secretary of Commerce) to utilize the Foreign Service personnel system with respect to certain personnel. Title III: Transitional, Savings, and Conforming Provisions - Sets forth transitional, savings, and conforming provisions. Title IV: Miscellaneous - Sets forth effective dates. (Sec. 402) Provides for interim appointments and personnel and funding reductions. (Sec. 404) Authorizes appropriations.
United States · United States Congress · 19 July 1995
TABLE OF CONTENTS: Title I: Tax Reduction and Simplification; Supermajority Required for Tax Changes Subtitle A: Tax Reduction and Simplification Subtitle B: Supermajority Required for Tax Changes Title II: Spending Restraint and Budget Process Reform Subtitle A: Joint Budget Resolution Subtitle B: Zero Based Budgeting and Decennial Sunsetting Subtitle C: Spending Caps on the Growth of Entitlements for Fiscal Years 1996 Through 2002 Subtitle D: Balanced Budget by Fiscal Year 2002 Freedom and Fairness Restoration Act of 1995 - Title I: Tax Reduction and Simplification; Supermajority Required for Tax Changes - Subtitle A: Tax Reduction and Simplification - Amends the Internal Revenue Code to impose a 20 percent tax (17 percent after December 31, 1997) on the taxable income of every individual. Redefines "taxable income" to mean the amount by which wages, retirement distributions, and unemployment compensation exceed the standard deduction. Increases the basic standard deduction and includes an additional standard deduction for dependents. Includes in taxable income the taxable income of each dependent child under the age of 14. Provides for inflation adjustments. (Sec. 102) Replaces the current tax on corporations with a tax on every person engaged in a business activity equal to 20 percent (17 percent after December 31, 1997) of the business taxable income of such person. Makes the person engaged in the business activity liable for the tax. Imposes a tax of 20 percent (17 percent after December 31, 1997) on the value of excludable compensation provided during the year by an employer for the benefit of employees. Makes the employer liable for the tax. (Sec. 103) Repeals: (1) numerous provisions relating to pension plans; and (2) provisions imposing a tax on any employer reversion from a qualified plan. Revises requirements regarding transfers of excess pension assets. (Sec. 104) Repeals from the Internal Revenue Code: (1) the part relating to alternative minimum tax; (2) the part relating to credits against tax; (3) the subtitle relating to estate and gift taxes; and (4) subject to exception, the chapter relating to normal taxes and surtaxes. Subtitle B: Supermajority Required for Tax Changes - Makes it not in order in the House of Representatives or the Senate, unless waived or suspended in the House or the Senate by a three-fifths vote of the Members, to consider any bill, joint resolution, amendment thereto, or conference report thereon that includes any provision that increases an income tax rate, creates an additional tax rate, reduces the standard deduction, or provides any exclusion, deduction, credit, or other benefit that results in a reduction in Federal revenues. Title II: Spending Restraint and Budget Process Reform - Subtitle A: Joint Budget Resolution - Amends the Congressional Budget Act of 1974 to reform the budget process by requiring a joint resolution on the budget instead of the concurrent resolution on the budget. Subtitle B: Zero Based Budgeting and Decennial Sunsetting - Terminates spending authority for unearned entitlements and high-cost discretionary spending programs for FY 1996, and discretionary spending programs (not including high-cost programs) for FY 1997, unless such spending is reauthorized after the date of enactment of this Act. (Sec. 212) Makes it not in order in the House of Representatives or the Senate, unless waived or suspended in the House or the Senate by a three-fifths vote of the Members, to consider any bill, joint resolution, amendment, or conference report that includes any provision appropriating funds unless the appropriation has been previously authorized by law. (Sec. 213) Requires the reauthorization of discretionary spending authority and unearned entitlements every ten years, beginning in the first decennial census year after 2001. Subtitle C: Spending Caps on the Growth of Entitlements for Fiscal Years 1996 Through 2002 - Declares that, for FY 1996 through 2002, the total level of entitlement and mandatory spending, excluding social security, shall not exceed the total level for the previous fiscal year increased by the consumer price index and growth in the eligible population. Requires sequestration as necessary to reduce spending. Provides for making uniform reductions with limitations. Lists programs and activities exempt from sequestration and provides exceptions, limitations, and special rules. Makes it not in order in the House of Representatives or the Senate, unless waived or suspended in the House or the Senate by a three-fifths vote of the Members, to consider any bill, joint resolution, amendment thereto, or conference report thereon that includes any provision having the effect of modifying the application of this subtitle to any entitlement program subject to or exempt from sequestration under this subtitle. Subtitle D: Balanced Budget by Fiscal Year 2002 - Amends the Congressional Budget Act to revise the budget enforcement process. (Sec. 231) Establishes maximum spending amounts for FY 1996 through 2002 and revises sequestration procedures for enforcement. (Sec. 233) Makes it not in order in the House of Representatives or the Senate, unless waived or suspended in the House or the Senate by a three-fifths vote of the Members, to consider any bill, joint resolution, amendment thereto, or conference report thereon that includes any provision that would result in total spending for a fiscal year exceeding the maximum permissible total spending amount for that fiscal year.
United States · United States Congress · 18 July 1995
China Policy Act of 1995 - Urges the President to undertake diplomatic initiatives to persuade China to: (1) immediately and unconditionally release Harry Wu from detention; (2) adhere to international standards regarding the nonproliferation of weapons of mass destruction by, among other things, halting the export of ballistic missile technology and the provision of other weapons of mass destruction assistance, in violation of international standards, to Iran, Pakistan, and other countries of concern; (3) respect the internationally-recognized human rights of its citizens; (4) curtail excessive modernization and expansion of its military capabilities, and adopt defense transparency measures that will reassure its neighbors; (5) end provocative military actions in the South China Sea and elsewhere that threaten China's neighbors, and work with them to resolve disputes peacefully; (6) adhere to a rules-based international trade regime in which existing trade agreements are fully implemented and enforced, and equivalent and reciprocal market access is provided for U.S. goods and services there; and (7) reduce tensions with Taiwan. Requires the President to report to the Congress on: (1) the actions taken and the progress achieved by the United States with respect to these objectives; and (2) the actions taken in light of them with respect to China by the United Nations and other international organizations, including the World Bank and the World Trade Organization. Amends the United States International Broadcasting Act of 1994 to require the Director of the USIA to submit to the Congress a plan for the establishment of Radio Free Asia to broadcast into China. Requires Radio Free Asia to commence broadcasting to China within 90 days after enactment of this Act.
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 · 10 July 1995
State Credit Union Representation Act - Amends the Federal Credit Union Act to require that one member of the National Credit Union Administration Board be a State credit union supervisor (or the functional equivalent), appointed for a single term of two years. Prohibits such member from serving as Chairman of the Board. Prohibits the President from appointing: (1) an individual to such seat more than once; or (2) an individual serving as State credit union supervisor (or the functional equivalent) of the same State as the most recently appointed State credit union supervisor member. States that such members shall serve without compensation, but shall be allowed travel expenses.
United States · United States Congress · 30 June 1995
Prohibits funds appropriated or otherwise made available for foreign currencies under the Mutual Security Act of 1954 from being available for travel to North Korea unless the President submits to the Congress a certification that North Korea does not have a policy of discriminating, on the basis of national origin or political philosophy, against Members and employees of the Congress in permitting such travel.
United States · United States Congress · 30 June 1995
Independent Contractor Tax Simplification Act of 1995 - Amends the Internal Revenue Code to provide that, for purposes of determining the employment status of individuals as employees, a service provider shall not be treated as an employee, a service recipient shall not be treated as an employer, and a payor shall not be treated as an employer if: (1) a service provider has a significant investment in assets and training, incurs significant unreimbursed expenses, agrees to perform the service for a specified amount of time or to complete a specific result and is responsible for damages for early termination without cause, receives payment primarily on a commission basis, or has purchased resale products; (2) the service provider has a principal place of business, does not primarily provide service in the service recipient's place of business, or pays a fair market rent for use of the recipient's place of business or does not have to perform service only for the service recipient and, in the current year or in the proceeding or subsequent years, has performed or has offered to perform a significant amount of service for other persons; and (3) the services by an individual are performed according to a written contract between the service recipient or payor which provides that the individual will not be treated as an employee.
United States · United States Congress · 22 June 1995
TABLE OF CONTENTS: Title I: National Defense Subtitle A: Restore Defense Spending Subtitle B: Rescission of Funding for Programs Not Requested by the Department of Defense Subtitle C: Limitations on Funding for Certain Programs for Fiscal Year 1996 Subtitle D: Department of Defense Administrative Reforms Subtitle E: Department of Defense Program Reforms Title II: International Affairs Subtitle A: Reduce Multilateral Development Bank Credit Assistance Subtitle B: Reduce Foreign Aid Direct Assistance Subtitle C: Reduce Humanitarian Assistance Programs Subtitle D: Department Reforms Subtitle E: State Department Reforms Title III: Science, Space, and Technology Subtitle A: Administrative and Research Savings Subtitle B: Specific Program Reforms Title IV: Energy Subtitle A: Abolishment of Department of Energy Subtitle B: Reform Federal Petroleum Reserve Programs Subtitle C: Reform Fossil Fuel and Mineral Research Development Programs Subtitle D: Reform Energy Conservation Programs Title V: Environment Subtitle A: Public Land Use and Purchase Reforms Subtitle B: Environmental Conservation, Cleanup, and Research Reforms Subtitle C: Restructuring of Department of the Interior Subtitle D: Administrative Reform Subtitle E: National Marine Program Reforms Subtitle F: Corps of Engineers Reform Title VI: Agriculture Subtitle A: Agriculture Research and Extension Subtitle B: Agricultural Trade Subtitle C: Department of Agriculture Overhead Reduction Subtitle D: Loan Reform Subtitle F: Crop Commodity Reform Title VII: Commerce and Housing Credit Subtitle A: Small Business Administration Reform Subtitle B: Housing Credit Reform Subtitle C: Abolition of Department of Commerce and Disposition of Particular Programs, Functions, and Agencies Subtitle D: Banking and Insurance Reforms Subtitle E: Specific Commerce and Housing Program Reforms Title VIII: Transportation Subtitle A: Air Transportation Program Reform Subtitle B: Highway Transportation Program Reform Subtitle C: Rail Transportation Program Reform Subtitle D: Miscellaneous Transportation Program Reform Subtitle E: Administrative Reform Title IX: Community and Regional Development Subtitle A: Housing Program Reforms Subtitle B: Community and Regional Development Program Reforms Subtitle C: Administrative Reforms Title X: Education and Training Subtitle A: Job Training Reform Subtitle B: Department Reform Subtitle C: Elementary and Secondary Education Reforms Subtitle D: Community Program Reforms Subtitle E: Employment Program Reform Title XI: Health Subtitle A: Administrative Reform Subtitle B: University Research Regarding Health and Other Matters Subtitle C: Medicaid Reforms Subtitle D: Reforms in Health Care Block Grants Subtitle E: Health Care Program Reforms Subtitle F: Federal Employee Health Care Reform Title XII: Medicare Subtitle A: Copayment Reform Subtitle B: Part B Premium Subtitle C: Part A Deductible Subtitle D: Medicare Payments to Hospitals Subtitle E: Selected Presidential Medicare Reforms Title XIII: Income Security Subtitle A: Administrative Reform Subtitle B: Housing Program Reforms Subtitle C: Supplemental Security Income Reforms Subtitle D: Civil Service Reforms Subtitle E: Assistance Program Reforms Title XIV: Personal Responsibility and Family Preservation Subtitle A: Block Grants for Temporary Assistance for Needy Families Subtitle B: Child Protection Block Grant Program Subtitle C: Block Grants for Child Care and for Nutrition Assistance Subtitle D: Restricting Welfare and Public Benefits for Aliens Subtitle E: Food Stamp Reform and Commodity Distribution Subtitle F: Supplemental Security Income Subtitle G: Child Support Title XV: Veterans' Benefits and Services Subtitle A: Administrative Reforms Subtitle B: Extension of Certain Veterans Programs Subtitle C: Home Loan Guarantee Program Reforms Subtitle D: Medical Program Reforms Subtitle E: Other Veterans Programs Reforms Title XVI: Administration of Justice Subtitle A: Administration of Appropriations Subtitle B: Prison Reforms Subtitle C: Justice Assistance Program Reforms Subtitle D: Federal Bureau of Investigation Reforms Subtitle E: Other Justice Program Reforms Title XVII: General Government Subtitle A: Administrative Reforms Subtitle B: Legislative Branch Reductions Subtitle C: Executive Branch Reductions Subtitle D: Specific Program Reforms Restructuring a Limited Government Act - Title I: National Defense - Subtitle A: Restore Defense Spending - States that it is Congress' intent that military readiness and other specified defense-related programs be increased over proposed levels through a specified combination of defense-related increases and reductions, including increases already budgeted by the President. Subtitle B: Rescission of Funding for Programs Not Requested by the Department of Defense - Rescinds unobligated funds for various specified defense-related programs not requested by the Department of Defense (DOD), including the general purpose bomb program, the C-12F aircraft program, and the P-3 upgrade program. Subtitle C: Limitations on Funding for Certain Programs for Fiscal Year 1996 - Sets limitations on funding for specified DOD environmental and cooperative threat reduction programs with states of the former Soviet Union for FY 1996. Subtitle D: Department of Defense Administrative Reforms - Amends Federal law with respect to military severance and aviation career incentive pay. (Sec. 1313) Directs the Secretary of Defense to cancel DOD's learning resource center program for Department personnel. Subtitle E: Department of Defense Program Reforms - Directs the President to reorganize the Intelligence Community to reduce redundancy and overlapping jurisdiction and centralize responsibility and authority for intelligence activities. Includes specified personnel reductions as part of such reorganization over a five year period. (Sec. 1412) Limits: (1) Navy Seawolf (SSN-21) attack submarine procurements to one such vessel; and (2) funds already appropriated for additional vessel procurements to use only in terminating vessel contracts. (Sec. 1413) Directs the President to dispose of certain obsolete and excess materials in the National Defense Stockpile over a ten-year period, in specified quantities, with certain exceptions and a special rule for silver. Requires all proceeds from the sale of materials required to be disposed of to be deposited in the general fund of the Treasury to reduce the budget deficit. Terminates various specified authorities currently in effect relating to stockpile material disposal. Title II: International Affairs - Subtitle A: Reduce Multilateral Development Bank Credit Assistance - Amends the Export-Import Bank Act of 1945 to limit the authorization of FY 1996 through 2000 appropriations in order to reduce credit assistance by the U.S. Export-Import Bank. (Sec. 2002) Terminates capital contributions to specified multilateral development institutions. (Sec. 2003) Directs the President at the beginning of each fiscal year to deobligate, and return to the Treasury, according to certain guidelines, any foreign economic assistance funds that, as of the end of the preceding fiscal year, have been obligated for a period of more than three years but have not been expended. (Sec. 2004) Provides for various specified reductions over a five year period in U.S. contributions to the International Development Association, and in Economic Support Fund and bilateral development assistance. (Sec. 2007) Limits U.S. contributions to the United Nations (UN) and its affiliated agencies after 1996 according to a specified formula. Subtitle B: Reduce Foreign Aid Direct Assistance - Outlines various specified reductions in, and restrictions on, foreign assistance, including assistance to Russia. Conditions such assistance, among other things, upon presidential certifications to the Congress of: (1) limited Russian intelligence activities in the United States; and (2) Russian withholding of military assistance to combatants in the Yugoslav conflict and of weapons to Iran, Iraq, Syria, and any other terrorist country. Requires certain annual reports by the President and Comptroller General to the Congress on foreign assistance to Russia. Subtitle C: Reduce Humanitarian Assistance Programs - Outlines various specified reductions in cultural exchange and humanitarian assistance programs, including the Peace Corps program. (Sec. 2203) Sets assistance for Israel and Egypt at specified minimum levels from amounts already made available under current law for foreign economic support and military financing. (Sec. 2204) Eliminates the congressional sales program and the food for development program under the Agricultural Trade Development Assistance Act of 1954. (Sec. 2205) Abolishes the Foreign Claims Settlement Commission and transfers its functions to the Secretary of State. Subtitle D: Department Reforms - Provides for a reduction in overhead expenses of the Export-Import Bank. (Sec. 2302) Directs the Secretary of the Treasury to provide for the repayment of amounts appropriated to the exchange stabilization fund, along with the net earnings of that fund. Subtitle D: State Department Reforms - Provides for comprehensive reorganization of the Department of State and Foreign Service, with changes eliminating the Arms Control and Disarmament Agency, United States Information Agency, Agency for International Development (AID), International Development Cooperation Agency, and other specified Department components, as well as certain previously created Assistant Secretary positions. Revises various specified program authorities, consolidating administrative services, and transferring them to the Department under the Secretary of State. Sets funding levels for radio broadcasts to Cuba. Limits the term of the Inspector General, redesignated as the Inspector General for Foreign Affairs. Prescribes end strength personnel levels for the Department and Foreign Service. Requires a specified report to the Congress by the President and other officials on the unification of the Foreign Service with other foreign service components in the Department of Commerce and the Department of Agriculture. Title III: Science, Space, and Technology - Subtitle A: Administrative and Research Savings - Authorizes appropriations for the Department of Energy's nuclear energy research and development (R&D) activities. (Sec. 3002) Imposes a fee for National Science Foundation grant applications. (Sec. 3003) Limits total appropriations for activities under the high performance computing program. Subtitle B: Specific Program Reforms - Authorizes appropriations for the National Science Foundation. (Sec. 3012) Prohibits the Administrator of the National Aeronautics and Space Administration (NASA) from entering into any contract in furtherance of a space station program until FY 2000. (Sec. 3013) Requires the Secretary of Defense and the Administrator of NASA to cancel the National Aerospace Plane program. Title IV: Energy - Subtitle A: Abolishment of Department of Energy - Department of Energy Abolishment Act - Abolishes the Department of Energy (DOE) as such, but redesignates it as the Energy Programs Resolution Agency, an independent executive agency headed by an Administrator appointed by the President to wind-up the affairs of the former Department before its own termination three years after enactment of this Act. (Sec. 4017) Requires a Comptroller General report to the Congress recommending the most efficient means for achieving the complete abolishment of the former Department and the termination or transfer of its functions. (Sec. 4021) Establishes an independent Energy Laboratory Facilities Commission to make recommendations for reducing the number of energy laboratories and terminating laboratory programs through closure, privatization, and reconfiguration in order to eliminate duplication, reduce overhead, and achieve cost savings while preserving their role in national defense. Authorizes appropriations. Details specific procedures for making and implementing Commission recommendations, allowing for public comment in the process, unless such recommendations are disapproved by the Congress. Establishes in the Treasury the Energy Laboratory Facility Closure Account for use in conjunction with recommendations implemented above. Requires certain congressional reports on such implementations. (Sec. 4031) Federal Power Asset Privatization Act of 1995 - Directs the Secretary of Energy to sell, at the highest possible price and with appropriate private sector advice, all Federal electric power generation and transmission facilities supervised by, or coordinated with, the Federal Power Marketing Administrations (FPMA) in accordance with a specified graduated deadline. Restricts such sales to domestic entities or U.S. citizens. Requires the Secretary to terminate FPMA operations upon sales completion. Expresses the sense of the Congress that the purchaser of any such facilities should offer to employ former FPMA personnel where possible. Mandates deposit of sales proceeds in the Treasury. Limits rate increases by facility purchasers to a maximum of ten percent above the baseline price annually. Directs the Federal Energy Regulatory Commission (FERC) to issue to the purchaser of a hydroelectric generation facility a ten-year original license under the Federal Power Act to insure that the project will continue operations under the same conditions as were applicable before the sale. Grants FERC Federal Power Act jurisdiction over any such facility sold. Amends the Energy and Water Development Appropriations Act of 1993 to repeal the proscription on use of appropriated funds for studies regarding a changeover from an "at cost" to a "market rate" or other noncost-based methodology for pricing hydroelectric power. (Sec. 4041) Transfers to the Secretary of the Interior all functions of DOE with respect to the Strategic Petroleum Reserve, requiring disposal of certain Louisiana reserves and appointment of an advisory board to monitor the disposal process and recommend whether the entire reserve should be maintained or disposed of. Outlines requirements for the transfer of the naval petroleum reserves to the Department of the Interior for sale, subject to certain conditions, including a sales price not less than fair market value. Establishes in DOD the Defense Nuclear Programs Agency, headed by an Under Secretary for Defense Nuclear Programs, to carry out various specified nuclear weapons-related functions of certain defense agencies as well as transferred DOE national security functions and certain nondefense-related functions as well at various specified Federal laboratories. Gives the Director of the Office of Management and Budget (OMB) and the Secretaries of Defense and of the Navy the authority to wind-up any outstanding affairs associated with the respective functions transferred above. (Sec. 4059) Amends the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 to add a new title IV governing environmental restoration activities at defense nuclear facilities. (Sec. 4061) Provides for termination of specified miscellaneous DOE energy supply R&D programs and all clean coal technology, fossil energy, and energy conservation R&D activities. Transfers: (1) all functions of the Energy Information Administration to the Department of the Treasury; and (2) all international regulatory functions of the Energy Regulatory Administration (ERA) to the Secretary of Agriculture, and all ERA functions with respect to pending litigation to the Attorney General. (Sec. 4071) Terminates waste site work under the Nuclear Waste Policy Act of 1982. (Sec. 4072) Abolishes the Office of Civilian Radioactive Waste Management and transfers its functions with respect to a radioactive waste and spent nuclear fuel repository to the U.S. Geological Survey. (Sec. 4073) Directs the Corps of Engineers to design, construct, and operate a facility with sufficient capacity for interim storage of high-level nuclear waste from civilian power plants at a site chosen by the Nuclear Waste Technical Review Board under the jurisdiction of DOE, until the Corps is able to transfer such waste and spent fuel. Requires the facility to be licensed in accordance with applicable regulations. Exempts Corps actions from judicial review (Sec. 41101) Mandates sale of the naval petroleum reserves at fair market value, with sales proceeds going toward Federal deficit reduction and Department environmental costs associated with the petroleum interests sold. (Sec. 4102) Prohibits the Secretary of Energy from obligating any funds for the acquisition of petroleum products for the Strategic Petroleum Reserve. Subtitle C: Reform Fossil Fuel and Mineral Research Development Programs - Provides for the privatization of the U.S. Enrichment Corporation, including establishment by the Corporation of a private corporation to which some or all of its assets and liabilities may be transferred. (Sec. 4202) Authorizes diminishing appropriations from FY 1996 through 2000 for fossil fuel, energy conservation, magnetic fusion, solar and renewable energy, and nuclear energy R&D. (Sec. 4203) Prohibits obligation of funds for the Clean Coal Technology program (except to a specified extent) as well as the atomic vapor laser isotope separation program. Subtitle D: Reform Energy Conservation Programs - Repeals weatherization, State energy conservation, and institutional conservation programs under the Energy Conservation and Production Act. Title V: Environment - Subtitle A: Public Land Use and Purchase Reforms - Places a five-year moratorium on certain land acquisitions by Federal agencies with respect to lands to be administered by the Forest Service and other Federal environmental agencies with certain exceptions pertaining to national security interests. Sets restrictions on land exchanges during such period. (Sec. 5002) Amends the National Forest Management Act of 1976 to prohibit certain below-cost timber sale programs in units of the National Forest System. (Sec. 5003) Amends various specified Federal laws to set permanent limitations on amounts authorized to be appropriated each fiscal year for the National Forest System and related agriculture conservation and forestry programs. (Sec. 5004) Provides that in accordance with the discretionary authority provided under the Raker Act, certain annual amounts paid to the United States shall be increased to the amount determined by the Secretary of the Interior to be equal to the fair market value of the electric power generated within a described area. (Sec. 5005) Amends the Alaska National Interest Conservation Act to repeal the prohibition against mineral leasing of lands within the Arctic National Wildlife Refuge. Requires deposit of leasing revenues in the Treasury. (Sec. 5006) Requires the charging of admission and other specified user fees at National Park System units for crediting to various special funds for conservation- and park-related uses. Allows donations of money, property, and services for national park use. Subtitle B: Environmental Conservation, Cleanup, and Research Reforms - Amends the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 to direct the President to give a preference to certain interim measures in Superfund response actions, and report to the Congress on their use. (Sec. 5101) Amends the Superfund Amendments and Reauthorization Act of 1986 and the Internal Revenue Code to authorize appropriations from the Superfund. (Sec. 5102) Amends the Food Security Act of 1985 to eliminate the conservation reserve program. (Sec. 5103) Eliminates Federal funding for State water pollution control revolving funds under the Federal Water Pollution Control Act, as well as for certain watershed and flood prevention operations. (Sec. 5105) Sets obligation limitations for certain flood control (particularly for the Mississippi River and tributaries) and coastal emergency operations by the Corps of Engineers. Subtitle C: Restructuring of Department of the Interior - Provides for a restructuring of the Department of the Interior, including changes: (1) establishing the Bureau of Land Management Sale and Acquisition (BLMSA) Fund; (2) prohibiting acquisition of lands for the Bureau of Land Management, except by exchange, donation, or with amounts from the BLMSA Fund; (3) abolishing the Bureau of Mines and all of its functions, positions, and offices; (4) mandating cessation of production, refining, and marketing of refined helium by the Department, and the sale of crude helium from helium reserves owned by the United States; (5) transferring to the National Science Foundation and the Environmental Protection Agency (EPA) of all basic research and of all stream monitoring functions, respectively, of the U.S. Geological Survey, abolishing the Survey and all its other functions; (6) requiring transfer to a Department officer of the functions of certain Outer Continental Shelf Regional Offices of the Minerals Management Service, and termination of such regional offices; (7) setting reductions in appropriations for the Bureau of Reclamation; (8) requiring consolidation of Bureau of Indian Affairs area service offices; and (9) abolishing the Office of Territorial and International Affairs and the National Biological Survey. Outlines hardrock mining royalty requirements pertaining to payments, recordkeeping, and other specified matters. Subtitle D: Administrative Reform - Provides for a reduction in EPA overhead expenses. Subtitle E: National Marine Program Reforms - Terminates National Coastal Zone Management Grants and National Sea Grant College Program Grants. Directs the Secretary of Commerce to dispose of the National Oceanic and Atmospheric Administration (NOAA) fleet. Rescinds specified FY 1995 funds for NOAA procurement, modernization, and construction. Subtitle F: Corps of Engineers Reform - Directs the Secretary of the Army to reorganize the Corps of Engineers. Imposes obligational limitations for various specified Corps activities, including general investigations. Title VI: Agriculture - Subtitle A: Agriculture Research and Extension - Directs the Secretary of Agriculture to: (1) consolidate specified agricultural research agencies, with associated personnel reductions; (2) terminate certain cooperative agricultural extension work; and (3) impose specified agricultural- and extension-related program caps. Repeals rural technology grant authority. Subtitle B: Agricultural Trade - Makes various specified changes concerning agricultural trade. Mandates phase-out of the Foreign Agricultural Service's co-operator market development program. Eliminates export enhancement and market promotion programs. Reduces the loan guarantee program under the Agricultural Trade Act of 1978. Subtitle C: Department of Agriculture Overhead Reduction - Provides for a Department overhead reduction. Subtitle D: Loan Reform - Terminates the grant program under the Agricultural Credit Act of 1987 to assist State mediation programs. Subtitle F: Crop Commodity Reform - Eliminates various specified price support programs for agricultural commodities except for milk, emergency livestock feed assistance, and other specified program components and related marketing quotas. (Sec. 6402) Terminates Federal price supports for honey. Title VII: Commerce and Housing Credit - Subtitle A: Small Business Administration Reform - Eliminates the Small Business Administration (SBA), transferring to the OMB Director and other specified officials its respective functions, powers, and duties. Establishes in its place an Office of Small Business Advocacy, in the Executive Office of the President, to carry out functions formerly vested in the SBA Chief Counsel of Advocacy. Provides for winding-up the affairs of SBA, including the transfer of its previously owned financial obligations to the Secretary of the Treasury. (Sec. 7010) Repeals the Small Business Act and the Small Business Investment Act of 1958 while leaving in effect certain Small Business Act provisions relating to the definition of "small business concern", among other specified provisions that include those on penalties for prohibited acts. Subtitle B: Housing Credit Reform - Makes specified changes with regard to housing credit under the National Housing Act and the Housing Act of 1949, including increased fees for Farmers Home Administration (FMHA) single family housing loan guarantees, and delegation of single family mortgage insuring authority to mortgagees and secondary market entities. Subtitle C: Abolition of Department of Commerce and Disposition of Particular Programs, Functions, and Agencies - Redesignates the Department of Commerce as an independent but temporary Commerce Programs Resolution Agency for winding-up outstanding Department affairs not included in the various specified former Department entities and functions either transferred to other specified departments, agencies, and entities of the Federal Government, or terminated in accordance with specified guidelines. Requires a report by the Comptroller General to the Congress recommending the most efficient means of achieving the complete abolishment of the former Department. (Sec. 7232) Transfers specified export control functions to the Secretary of State. Provides for the transfer to certain departments and agencies of: (1) the Secretary of Commerce's national security, international trade, and spectrum management functions; (2) the Patent and Trademark Office; (3) the Bureau of the Census; and (4) the Bureau of Economic Analysis. Terminates NOAA, the Minority Business Development Administration, the National Telecommunications and Information Administration, the Advanced Technology Program, and the Manufacturing Extension Programs. (Sec. 7244) Expresses the sense of the Congress that the head of each agency that performs a function vested in it by this title should, wherever feasible, explore and implement user fees for the provision of services in the performance of that function in order to offset operating costs. (Sec. 7260) Limits annual expenditures for continued former Department functions. Subtitle D: Banking and Insurance Reforms - Amends the Federal Deposit Insurance Act and the Federal Reserve Act with respect to Federal Deposit Insurance Corporation (FDIC) and Federal Reserve Board bank examination fees. (Sec. 7311) Establishes an independent Federal Banking Agency, governed by a board of directors, to receive the current regulatory authority of the Federal Reserve System Board of Governors and other specified banking agencies, including the FDIC, the Office of Comptroller of the Currency, and the Office of Thrift Supervision, which are abolished. (Sec. 7325) Amends the National Housing Act with respect to mortgage refinancing. (Sec. 7326) Prescribes a penalty for early redemption of savings bonds. (Sec. 7328) Terminates issuance of one dollar notes, providing instead for one dollar coins. Subtitle E: Specific Commerce and Housing Program Reforms - Limits FY 1996 obligations for the Minority Business Development Agency. Terminates the U.S. Travel and Tourism Administration. Limits funds for carrying out the Export Administration Act of 1979. Amends the Communications Act of 1934 to repeal the public telecommunications facilities and telecommunications demonstration grant programs. (Sec. 7405) Amends the National Institute of Standards and Technology Act to abolish the advanced technology program. (Sec. 7406) Directs the Secretary of the Treasury to collect each fiscal year fees, calculated according to specified formulae, from each Government-sponsored enterprise, including the Federal National Mortgage Association (Fannie Mae), the Federal Home Loan Mortgage Corporation (Freddie Mac), the Student Loan Marketing Association (Sallie Mae), and the College Construction Loan Insurance Association (Connie Lee). Amends the National Housing Act to increase from six basis points to ten basis points during FY 1997, and to 15 basis points for succeeding fiscal years, the guaranty fee the Government National Mortgage Association (Ginnie Mae) must charge. (Sec. 7407) Amends the Communications Act of 1934 to extend the spectrum auction authority of the Federal Communications Commission. (Sec. 7408) Limits amounts made available for salaries and expenses for the Bureau of the Census and the Copyright Office of the Library of Congress. Title VIII: Transportation - Subtitle A: Air Transportation Program Reform - Air Traffic Control Service Privatization and Improvement Act of 1995 - Establishes a non-profit Airways Corporation to operate the civil air traffic control system without Federal funding after its transfer by the Secretary of Transportation in accordance with specified guidelines. Provides for a reduction in tax on transportation of persons by air. (Sec. 8002) Makes various specified changes with regard to air transportation, imposing obligation limits for airport improvement program and Federal Aviation Administration operations, as well as termination of the essential air service program and funding for the airway science, collegiate training initiative, and air carrier maintenance technician training facility grant programs. (Sec. 8006) Mandates fees for use of slots at high density airports in an amount sufficient to collect $300 million per fiscal year. Subtitle B: Highway Transportation Program Reform - Terminates the Interstate Commerce Commission, transferring its functions to the Secretary of Transportation. (Sec. 8102) Increases customs tonnage fees. (Sec. 8103) Directs the Secretary to establish fees for operation of foreign repair stations. (Sec. 8104) Amends the Intermodal Surface Transportation Efficiency Act of 1991 to eliminate funding for highway demonstration projects. Subtitle C: Rail Transportation Program Reform - Amends Federal law to set authorization levels for Amtrak for capital expenditures and other expenses through FY 2000. (Sec. 8202) Eliminates funding for magnetic levitation (Maglev) prototype development under the Intermodal Surface Transportation Efficiency Act of 1991. (Sec. 8204) Makes various specified changes with regard to local rail freight assistance and State boating safety grants. Subtitle D: Miscellaneous Transportation Program Reform - Amends Federal law to reduce the Federal Government's share of funding for mass transit and makes other miscellaneous modifications in transportation provisions, including those eliminating operating assistance. Subtitle E: Administrative Reform - Provides for a reduction in overhead expenses of the Department of Transportation. Title IX: Community and Regional Development - Subtitle A: Housing Program Reforms - Amends the Housing Act of 1949 to prohibit new rural rental housing program loans. Subtitle B: Community and Regional Development Program Reforms - Eliminates funding for environmental research programs of the Tennessee Valley Authority. (Sec. 9102) Eliminates the community development block grant (CDBG) program under the Housing and Community Development Act of 1974. (Sec. 9103) Terminates the Economic Development Administration. Repeals the Public Works and Economic Development Act of 1965 and the Local Public Works Capital Development and Investment Act of 1976, continuing the Economic Development Revolving Fund established under the first named Act to finish up certain business under it. (Sec. 9104) Terminates the Appalachian Regional Commission and repeals the Appalachian Regional Development Act of 1965. (Sec. 9105) Repeals the Rural Electrification Act of 1936, and various rural development loan and grant programs under the Consolidated Farm and Rural Development Act, the Food, Agriculture, Conservation, and Trade Act of 1990, the Food Security Act of 1985, and other specified Federal agricultural law. Provides for sale of outstanding rural development loans. Subtitle C: Administrative Reforms - Sets specified limits on amounts made available for Indian program operations and Bureau of Indian Affairs construction. Title X: Education and Training - Subtitle A: Job Training Reform - Employment Enhancement Reform Act - Authorizes the Secretary of Labor to provide block grants to States for employment assistance to eligible residents in accordance with specified guidelines to help prepare individuals for employment by increasing their occupational and educational skills, resulting in improved long-term employability, increased employment and earnings, and reduced welfare dependency. Outlines provisions for grants to Indian tribes and migrant and seasonal farmworker organizations under the program. Provides for a reduction or termination of payments to participating States unsuccessful in making employment placements under the program. Authorizes appropriations. (Sec. 10031) Provides for consolidation and repeal of various specified Federal employment assistance programs under the Stewart B. McKinney Homeless Assistance Act and the Rehabilitation Act of 1973. (Sec. 10041) Amends the Higher Education Act of 1965 to repeal certain higher education programs for students from migrant and seasonal farmworker families. (Sec. 10042) Amends Federal law to eliminate various specified homeless and disabled veterans programs. (Sec. 10043) Amends the Domestic Volunteer Service Act to eliminate the Foster Grandparent and Senior Companion programs, as well as the Older American Community Service Employment Program under the Older Americans Act of 1965. (Sec. 10044) Repeals the Job Training Partnership Act, except certain provisions relating to the Job Corps, which is reauthorized at specified levels. (Sec. 10045) Discontinues certain vocational and other education facilities and operations programs under the Appalachian Regional Development Act of 1965. (Sec. 10046) Amends the Internal Revenue Code to repeal the targeted jobs credit. (Sec. 10047) Repeals the Service Members Occupational Conversion and Training Act of 1992, the Carl D. Perkins Vocational and Applied Technology Education Act, the National Literacy Act of 1991, the Indian Employment, Training and Related Services Demonstration Act of 1992, the Wagner-Peyser Act, and portions of the Social Security Act (SSA) relating to Indian tribes and of the Domestic Volunteer Service Act of 1973 authorizing the Literacy Corps. (Sec. 10054) Amends other specified Federal law to repeal various other specified programs. Subtitle B: Department Reform - Back to Basics Education Reform Act - Abolishes the Department of Education and redefines the Federal role in education. Establishes, in its place, (and sunsets) an Office of Economic Opportunities in the Department of Health and Human Services (HHS), to which current Department of Education functions are transferred. (Sec. 10115) Authorizes the HHS Secretary, as is necessary or appropriate, to: (1) allocate or reallocate any function of the Office among its officers; and (2) consolidate, alter, or discontinue in the Office any organizational entities that were entities of the Department of Education. Prohibits transfer of any function or personnel of the Office to any agency outside of the Office. (Sec. 10116) Directs the President to submit to the Congress a plan for winding-up the affairs of the Department of Education in accordance with this Act. (Sec. 10117) Directs the Comptroller General to submit to the Congress a report with recommendations for the most efficient means of achieving, in accordance with this Act: (1) the complete abolition of the Department; and (2) the termination, transfer, or other continuation of Department functions. (Sec. 10120) Limits Federal expenditures in each fiscal year for the administration of a function transferred by this Act to not more than 70 percent of the total amount expended for the administration of that function during fiscal year 1995. (Sec. 10131) Authorizes the Director of the Office to provide an elementary and secondary education block grant to the Governor of each State that complies with specified requirements. (Sec. 10132) Authorizes such block grant program, and sets forth provisions for State eligibility, general State requirements, amount of State allotment, local fiscal accountability, and participation of children enrolled in private schools. (Sec. 10139) Authorizes appropriations. (Sec. 10141) Repeals: (1) titles I, II, III, IV, V, VI, VII, X, XI, XII, XIII, XIV, and parts B and C of title IX of the Elementary and Secondary Education Act of 1965 (ESEA); (2) the Goals 200: Educate America Act; (3) the School-to-Work Opportunities Act; (4) specified provisions of the General Education Provisions Act; and (5) the National Education Statistics Act of 1994. Amends ESEA provisions relating to impact aid. Requires that impact aid programs provided under title VIII of ESEA be administered by DOD through the Assistant Secretary for Force Management Policy. Provides that Indian education programs under part A of title IX of ESEA shall be administered by the Department of the Interior through the Assistant Secretary for Indian Affairs. (Sec. 10142) Amends the Individuals with Disabilities Education Act (IDEA) to transfer authority from the Department and Secretary of Education to the Department and HHS Secretary. (Sec. 10143) Amends IDEA definitions of excess costs and of native language. (Sec. 10144) Transfers IDEA administering authority to the Office. (Sec. 10145) Revises IDEA provisions on outreach services for certain institutions of higher education. (Sec. 10151) Repeals the Higher Education Act of 1965 (HEA), with exceptions for its short title and provisions relating to Pell Grants, the Federal Family Education Loan Program, Perkins Loans, needs analysis, certain general provisions, definitions, and the program integrity triad. Provides that such repeal of HEA provisions shall not affect Federal authority to collect loans. Discontinues Federal contributions for FY 1997 or any succeeding year to student loan funds established under Perkins Loans provisions of HEA. Limits Federal funds for Howard University under specified Federal law and the Howard University Endowment Act to: (1) specified maximum amounts and uses in fiscal years through FY 2000; and (2) nothing after FY 2000. (Sec. 10152) Amends the Congressional Budget Act to revise the Federal Credit Reform Act with respect to defining the cost of a direct loan. (Sec. 10153) Amends HEA to provide for the sale of Federal Direct Student Loan (FDSL) loan portfolios. (Sec. 10154) Makes a statement of policy that the Federal student loan programs should be reviewed to evaluate whether reforms need to be made based on the principles of risk sharing, market-based orientation, privatization, and deregulation. (Sec. 10155) Eliminates in-school interest subsidies under HEA guaranteed loan programs. (Sec. 10161) Authorizes block grants to States to assist institutions of higher education to improve access to higher education and the quality of educational programs. (Sec. 10162) Sets forth such block grant program provisions for distribution of funds, State assurances, use of funds, and public disclosure. (Sec. 10167) Authorizes appropriations. (Sec. 10173) Directs the HHS Secretary to provide for a consolidated application for elementary and secondary education block grants and higher education block grants. Requires that consolidated applications also be permitted at the local level. (Sec. 10174) Limits the amount that is authorized to be appropriated for specified programs to not more than the amount appropriated for such programs for FY 1995. Requires that such programs be authorized through FY 2000. (Sec. 10175) Provides that nothing in this title shall be construed to affect the applicability of civil rights laws relating to any program established, transferred, or consolidated under this Act. Sets forth education-related civil rights enforcement and reporting duties of the HHS Secretary, the Director of the Office of Civil Rights of HHS, and the Assistant Attorney General in charge of the Civil Rights Division of the Department of Justice. (Sec. 10181) Sets forth requirements relating to certain references, exercise of authorities, savings provisions, transfer of assets, delegation and assignment, authority of OMB with respect to functions transferred, and proposed changes in law. (Sec. 10191) Sets forth statements of policy regarding: (1) Federal education funding (review and evaluation as to the feasibility of further enhancing the ability of States and local communities to fund education by reducing the Federal tax burden and commensurately eliminating Federal Government involvement in providing grants for education programs); (2) job training programs (review and transfer all those under jurisdiction of the Department of Education to the Department of Labor and consolidate them into one or more block grants); and (3) Indian education (review programs transferred to the Department of the Interior to ensure that they benefit Native American children who live on reservations). Subtitle C: Elementary and Secondary Education Reforms - Amends the Elementary and Secondary Education Act of 1965 to eliminate impact aid and the Eisenhower Regional Mathematics and Science Education Consortia program. (Sec. 10203) Amends the Individuals with Disabilities Education Act to limit the authorization of appropriations for individuals with disabilities to the same amount for the period between FY 1996 and 2000. (Sec. 10204) Sets a limit on the amount of funds which may be made available annually to carry out the Eisenhower Professional Development State Grant program under the Elementary and Secondary Education Act of 1965. Outlines similar annual limitations with regard to other specified programs under such Act, such as the education infrastructure and magnet school assistance programs, as well as the Education Department's Christa McAuliffe Scholarship program. (Sec. 10212) Continues annual funding limitations under such Act for dropout demonstrations and other specified programs and activities, as well as with certain described programs and services under the Stewart B. McKinney Homeless Assistance Act and Civil Rights Act, respectively, while totally eliminating other specified programs under such Acts, including those involving immigrant education and education for Native Hawaiians. (Sec. 10224) Abolishes programs under the Improving America's Schools Act of 1994 relating to public library construction and national assessment of educational progress. Subtitle D: Community Program Reforms - Repeals the National Foundation on the Arts and the Humanities Act of 1965, the National and Community Service Act of 1990, the Domestic Volunteer Service Act of 1973, and related provisions. (Sec. 10303) Repeals the Museum Services Act. (Sec. 10304) Terminates funding for the Kennedy Center. (Sec. 10305) Repeals the Older Americans Community Service Employment Act. (Sec. 10306) Amends SSA title XX (Block Grants to States for Social Services) to consolidate services under various specified Federal Acts relating to community services, child care, and dependent care within the block grant program under SSA. (Sec. 10307) Makes numerous amendments to the Older Americans Act of 1965, detailing various specified changes reauthorizing and extending various programs, activities, and services under it at lower levels of funding. (Sec. 10308) Amends the Communications Act of 1934 to terminate funding for the Corporation for Public Broadcasting. Subtitle E: Employment Program Reform - Terminates general trade adjustment assistance extension under the Trade Act of 1974. (Sec. 10402) Amends SSA title II (Old Age, Survivors, and Disability Insurance) (OASDI) to preempt State laws reducing periodic benefits by reason of entitlement to disability insurance benefits, thus extending to all States the rule providing for reduction of social security disability insurance benefits upon receipt of worker's compensation benefits. (Sec. 10403) Repeals the Service Contract Act of 1965. (Sec. 10404) Specifies a reduction in overhead expenses of the Department of Labor. Title XI: Health - Subtitle A: Administrative Reform - Specifies a reduction in overhead expenses of HHS. Subtitle B: University Research Regarding Health and Other Matters - Provides for a reduction in rates for the indirect costs of federally-supported university research. (Sec. 11102) Amends the Public Health Service Act to specify a reduction in budget of the National Institutes of Health and provide for a reduction in health professions budget, as well as authorize appropriations for programs for minority and economically disadvantaged students. (Sec. 11104) Provides for closure of the uniformed services University of the Health Sciences. Subtitle C: Medicaid Reforms - Amends SSA title XIX (Medicaid) to provide for: (1) a reduction in Federal payments for disproportionate share hospitals; (2) imposition of State limits on approved nursing facility beds; and (3) a reduction to 50 percent in the matching rate for administrative costs under Medicaid. Subtitle D: Reforms in Health Care Block Grants - Amends title XIX (Block Grants) of the Public Health Service Act to provide for a consolidation of specified health-related block grants. Authorizes appropriations. (Sec. 11302) Specifies a reduction in budget for immunization programs. Prohibits warehousing vaccines. Subtitle E: Health Care Program Reforms - Specifies reductions in agency and program budgets under the Public Health Service Act. (Sec. 11403) Abolishes the Office of the Surgeon General of the Public Health Service. Subtitle F: Federal Employee Health Care Reform - Amends Federal civil service law to change the Government contribution to the Federal Employees Health Benefits Program from a percentage of the average subscription charge for a particular program to a uniform dollar amount (adjusted annually according to a specified price index) for all such programs. Title XII: Medicare - Subtitle A: Copayment Reform - Amends SSA title XVIII (Medicare) to impose a 20 percent copayment for home health services and clinical laboratory services under Medicare parts A (Hospital Insurance) and B (Supplementary Medical Insurance). Subtitle B: Part B Premium - Provides for an increase in the Medicare part B premium for certain high-income individuals, and associated beneficiary reporting requirements. Requires the Secretary of the Treasury, upon request by the Administrator of the Health Care Financing Administration, to make certain tax return-related disclosures to the Administrator for use in determining whether a beneficiary is subject to such a premium increase. (Sec. 12103) Sets the monthly part B premium at 50 percent of the monthly actuarial rate for enrollees age 65 and over for the succeeding calendar year. Subtitle C: Part A Deductible - Provides for an increase in the Medicare Hospital Insurance deductible for certain high-income individuals. Subtitle D: Medicare Payments to Hospitals - Makes various specified changes with regard to Medicare payments to hospitals, including elimination of payments to hospitals for enrollees' bad debts and reduction in payments for indirect costs of medical education. Subtitle E: Selected Presidential Medicare Reforms - Requires the HHS Secretary to use a competitive process for contracting with centers of excellence for cataract surgery, coronary artery by-pass surgery, and other appropriate services. Sets payment for services subject to such contracts on the basis of specified negotiated or all- inclusive rates. Provides payment rebates of a portion of the resulting savings for individuals receiving services under such a demonstration project. (Sec. 12402) Provides for application of a competitive acquisition process for Medicare part B items and services as well as a reduction in payment amounts to the area involved if such acquisition fails to achieve a specified minimum reduction in payments. Provides for a similar application with respect to clinical diagnostic laboratory tests. (Sec. 12404) Makes various specified changes with regard to Medicare as secondary payer. (Sec. 12405) Provides under Medicare part B for limitations on payment for physicians' services furnished by high-cost hospital medical staffs. (Sec. 12406) Delineates various specified update reductions and expenditure goals with regard to inpatient hospital services and physician services, respectively. (Sec. 12408) Reduces from 112 percent to 100 percent (adjusted to preserve certain savings) the payment for the routine service costs of skilled nursing facilities. (Sec. 12409) Provides for a reduction in routine cost limits for home health services and elimination of formula-driven overpayments for certain outpatient hospital services. Title XIII: Income Security - Subtitle A: Administrative Reform - Repeals the Department of Housing and Urban Development Act to eliminate the Department of Housing and Urban Development. Amends the National Housing Act to terminate the Government National Mortgage Association (Ginnie Mae). Makes various other specified administrative changes with regard to housing programs and the transfer of Department functions, including providing for their consolidation into a block grant program and privatization of the Federal Housing Administration (FHA). Subtitle B: Housing Programs Reforms - Eliminates operating subsidies for vacant public housing and provides for an increase of certain tenant contributions under the United States Housing Act of 1937, along with other specified changes under such Act. Subtitle C: Supplemental Security Income Reforms - Modifies the Supplemental Security Income (SSI) program under SSA title XVI concerning: (1) reporting of admissions of SSI recipients to nursing homes; (2) limiting SSI benefits for recipients in nursing homes if Medicaid pays certain care costs; (3) unearned income exclusion under the program; and (4) recovery of SSI overpayments from social security benefits. Subtitle D: Civil Service Reforms - Increases the retirement age under the Federal Employees Retirement System (FERS) to 65 for certain post-1993 new employees and Members of Congress. (Sec. 13302) Defers until age 62 the cost-of-living adjustments for military retirees who first entered military service on or after January 1, 1996. (Sec. 13303) Amends Federal law to eliminate a portion of the Government contribution to the Thrift Savings Plan for Federal employees hired, or Members of Congress first elected, after December 31, 1994. Subtitle E: Assistance Program Reforms - Makes various specified changes with regard to low-income home energy assistance programs, setting annual authorization limits under the Low-Income Home Energy Assistance Act of 1981, and establishing additional requirements for unemployment benefits. (Sec. 13403) Denies unemployment benefits to individuals who voluntarily leave military service. (Sec. 13404) Provides for an increase in the variable rate premium charged by the Pension Benefit Guaranty Corporation to single-employer plans under the Employee Retirement Income Security Act of 1974 (ERISA). Title XIV: Personal Responsibility and Family Preservation - Personal Responsibility Act of 1995 - Subtitle A: Block Grants For Temporary Assistance For Needy Families - Expresses the sense of the Congress with regard to: (1) the importance of marriage and negative consequences of out-of-wedlock births; and (2) the reduction of such births as an important government interest. (Sec. 14101) Amends part A (Aid to Families with Dependent Children) (AFDC) of SSA title IV to convert the current AFDC program into a block grant program with specified work, job search, and education and training requirements designed to increase State flexibility in providing time-limited assistance and support services (including birth control and child care services) to needy families in order to enable them to leave the program and become self-sufficient. Prohibits such assistance, generally, to: (1) certain aliens; (2) families without a minor child; (3) families not cooperating in paternity establishment or child support; (4) children born out-of-wedlock to a minor parent (or the parent until such parent turns age 18); (5) families not assigning support rights to the State; (6) minor children born to benefit recipients (except that vouchers in lieu of certain child care cash benefits shall not be denied); (7) a person convicted of fraudulently misrepresenting residence in order to receive welfare benefits; (8) fugitive felons and probation and parole violators; and (9) minor children absent from the home for specified periods of time. Requires the withholding of a portion of assistance from families which include a child whose paternity is not established. Provides that in order to be eligible for block grants under such program a State must submit to the HHS Secretary a plan that includes: (1) an outline of the assistance the State intends on providing to needy families with children; and (2) certifications that the State will operate revised SSA title IV part B (Child-Welfare Services) and D (Child Support and Establishment of Paternity) programs in accordance with this Act. Allows States to use grants for: (1) providing low-income household heating and cooling assistance; (2) implementing an electronic benefit transfer system for providing assistance to needy families with children; and (3) carrying out a State program pursuant to specified provisions of Federal law, including the Child Care and Development Block Grant Act of 1990. Gives States the authority to treat families moving interstate under the former State program rules if they reside in their new State of residence for less than 12 months. Increases the amount of such grants for States which have reduced their out-of-wedlock births. Prescribes penalties for violations of grant uses and mandatory work requirements. Establishes in the Treasury a revolving loan fund known as the Federal Rainy Day Fund for making loans to, and receiving payments of principal and interest on such loans from, qualified States under the new State block grant program. Expresses the sense of the Congress that States: (1) should require noncustodial, nonsupporting parents who have not attained 18 years of age to fulfill community work obligations and attend appropriate parenting or money management classes after school; and (2) operating block grant programs are encouraged to assign the highest priority to requiring families that include older preschool or school-age children to be engaged in work activities. Directs the Secretary to: (1) research the costs and benefits of State activities under this title; (2) evaluate innovative approaches to employing program recipients; (3) rank States in order of their success under the grant program; and (4) review the most and least successful State work programs. Sets forth requirements for: (1) State data collection and reporting; and (2) a Census Bureau study obtaining information for evaluating the impact of this title on a random national sample of recipients of assistance under State block grant programs. Appropriates funds for the latter. Authorizes the Secretary to: (1) conduct research on the effects, costs, and benefits of State block grant programs under this title; (2) assist States in development and evaluation of innovative approaches to employing welfare recipients; and (3) conduct studies of the caseloads of States operating programs under this title. Directs the Secretary to develop innovative methods of disseminating information on any research, evaluations, and studies conducted under this title. (Sec. 14102) Directs the Secretary to report to the Congress on automated data processing systems under State block grant programs and the modifications necessary for tracking public program participants and checking case records to prohibit participants from participating in public programs of two or more States. (Sec. 14106) Provides for the continued application of current AFDC standards under Medicaid. Subtitle B: Child Protection Block Grant Program - Revises SSA title IV part B's Child-Welfare Services program, converting it also into a program of block grants to the States, in this case, for the protection of children in accordance with specified standards. (Sec. 14201) Sets forth requirements regarding: (1) State eligibility plans with appropriate certifications; (2) grant uses; (3) penalties; (4) data collection and reporting; (5) research; (6) a national random sample study of at-risk children; and (7) continued application of current standards under Medicaid. Allows grant-receiving States to consider establishing kinship care foster care placement programs with a preferred placement option for adult relatives (who meet all relevant child protection standards) of children separated from their parents. Adds requirements for: (1) citizen review panels for examining specific cases to ensure that State and local agencies are doing their job properly to protect children; (2) a clearinghouse and telephone hotline on missing and runaway children; (3) decreasing the time children wait for adoption; and (4) preventing discrimination in multiethnic placements of children. Authorizes appropriations. (Sec. 14205) Expresses the sense of the Congress regarding timely adoption of children. Subtitle C: Block Grants for Child Care and for Nutrition Assistance - Amends the Child Care and Development Block Grant Act of 1990 to add the following as goals for such Act: (1) to allow each State maximum flexibility in developing child care programs and policies that best suit the needs of children and parents within such State; (2) to promote parental choice to empower working parents to make their own decisions on the child care that best suits their family's needs; (3) to encourage States to provide consumer education information to help parents make informed choices about child care; (4) to assist States to provide child care to parents trying to achieve independence from public assistance; and (5) to assist States in implementing the health, safety, licensing, and registration standards established in State regulations. (Sec. 14301) Reauthorizes and extends such Act through 2000. Makes various specified technical and other changes to the Child Care and Development Block Grant Act of 1990 with regard to lead State agency designation, State application and plan, and limitations on State allotments. Repeals earmarked required expenditures. Requires each State to report a plan for annual evaluations of the extent to which the State has achieved each goal established by this Act. Authorizes a State to transfer funds to carry out other State programs operated under specified provisions of Federal law, including AFDC and child-welfare programs. (Sec. 14302) Repeals certain child care assistance authorized by specified Acts other than SSA, including Native Hawaiian Family-Based Education Centers under the Native Hawaiian Education Act. Revises the Child Nutrition Act of 1966, among other changes, converting the current child nutrition program under it into a State family nutrition block grant program with goals that include the following: (1) to provide nutritional risk assessment, food assistance based on such risk assessment, and nutrition education and counseling to economically disadvantaged pregnant women, postpartum women, breastfeeding women, infants, and young children at nutritional risk; and (2) to provide food assistance, including nutritious meal supplements, to such women in order to reduce incidences of low- birthweight babies and babies born with birth defects as a result of nutritional deficiencies. (Sec. 14321) Sets forth the formula for allotting appropriations among the States. Specifies the use of grant amounts, including specified additional requirements with respect to: (1) assistance for economically disadvantaged pregnant women, postpartum women, breastfeeding women, infants, and young children; and (2) child care assistance on military installations. Establishes penalties for misuse of funds. Requires the appropriate State agency to determine that sufficient grant amounts will remain available during a fiscal year to carry out this subtitle before using any such amounts for the fiscal year. Sets out State reporting requirements. Directs the Food and Nutrition Board of the Institute of Medicine of the National Academy of Sciences to develop, and report to specified congressional committees, model nutrition standards for food assistance provided to economically disadvantaged pregnant women, postpartum women, breastfeeding women, infants, and young children. Authorizes appropriations. (Sec. 14341) Amends the National School Lunch Act, among other changes, converting the current school lunch program into a program of school-based nutrition block grants to States to provide assistance to schools to establish and carry out nutritious food service programs that provide affordable meals and supplements to students. Requires the appropriate State agency to determine that sufficient grant amounts will remain available during a fiscal year to carry out this subtitle before using any such amounts for the fiscal year. Prohibits a State from requiring a school district, private nonprofit school, or DOD domestic dependents' school to accept commodities, except on request, for use in its food service program. Directs the States to ensure that schools provided State assistance in establishing and carrying out nutritious food service programs do not: (1) physically segregate children eligible to receive free or low cost meals or supplements on the basis of such eligibility; (2) provide for overt identification of such children by special means; or (3) otherwise discriminate against them. Provides that if, by reason of any other provision of law, a State is prohibited from providing assistance received from a grant under such Act to private nonprofit schools or DOD domestic dependents' schools, or if the State has substantially failed or is unwilling to provide such assistance, the Secretary of Agriculture shall arrange for its provision to such schools in accordance with the requirements of such Act. Directs the Food and Nutrition Board of the Institute of Medicine of the National Academy of Sciences to develop, and report to specified congressional committees, model nutrition standards for meals provided to students under such Act. Eliminates other current school lunch programs, including the summer food service programs for children in service institutions, the child and adult care food program, meal supplements for children in afterschool care, specified pilot projects, as well as the current publication entitled "Nutrition Guidance for Child Nutrition Programs." Retains the current program for nutritious food service programs in DOD overseas dependents' schools. (Sec. 14361) Repeals the Commodity Distribution Reform Act and WIC Amendments of 1987 and the Child Nutrition and WIC Reauthorization Act of 1989. (Sec. 14371) Repeals the Abandoned Infants Assistance Act of 1988, with conforming amendments to the Domestic Volunteer Service Act of 1973. Repeals the Child Abuse Prevention and Treatment Act (with conforming amendments to the Victims of Crime Act of 1984), as well as the Child Abuse Prevention and Treatment and Adoption Reform Act of 1978. Makes technical amendments to the Temporary Child Care for Children with Disabilities and Crisis Nurseries Act of 1986, eliminating the crisis nursery demonstration program, among other changes. Repeals: (1) the Missing Children's Assistance Act; (2) the family center support provisions of the Stewart B. McKinney Homeless Assistance Act; (3) certain investigatory and prosecutory provisions of the Victims of Child Abuse Act of 1990; and (4) the family unification program provisions of the United States Housing Act of 1937. (Sec. 14381) Directs the Secretary to produce and publish data on the incidence of poverty for each State, county, and local government for which data have been compiled, as well as for each school district. Requires a report to the Congress, if such data cannot be produced, enumerating each government or school district excluded and giving the reasons for the exclusion. Authorizes appropriations. (Sec. 14382) Requires the Secretary to produce data relating to participation in programs authorized by this Act by families and children. Authorizes appropriations. (Sec. 14400) Declares that: (1) it is a compelling government interest to enact new rules for eligibility and sponsorship agreements in order to assure that aliens be self-reliant in accordance with national immigration policy; and (2) it is a compelling government interest to remove the incentive for illegal immigration provided by the availability of public benefits. (Sec. 14401) Makes illegal and lawful nonimmigrant aliens ineligible for any Federal means-tested public benefits program, with certain exceptions. (Sec. 14403) Makes aliens lawfully present in the United States ineligible for SSI, block grant temporary and social services assistance, Medicaid, and consolidated food assistance. Exempts from such eligibility restrictions on lawful aliens: (1) refugees until five years after their arrival in the United States; (2) all eligible resident aliens until one year after enactment of this Act; (3) all lawful permanent residents over 75 years of age who have resided in the United States for at least five years; and (4) all lawful permanent residents unable because of physical or developmental disability or mental impairment (including Alzheimer's disease) to comply with certain naturalization requirements. (Sec. 14411) Requires each Federal agency administering a program covered by this title to post information and provide general notification to the public and program recipients, either directly or through the States, of the requirements concerning alien eligibility for any such program pursuant to this title. (Sec. 14412) Makes illegal and nonimmigrant aliens ineligible for any State or local means-tested public benefits programs, with certain exceptions including those for non-cash, in-kind emergency services, aliens granted asylum, and temporary agricultural workers. (Sec. 14413) Authorizes States to determine eligibility requirements for aliens lawfully present in the United States (other than as nonimmigrants) for any State or local means-tested public assistance program except non-cash, in-kind emergency assistance. Exempts from such eligibility restrictions on lawful aliens: (1) refugees until five years after their arrival in the United States; (2) all eligible resident aliens until one year after enactment of this Act; and (3) all lawful permanent residents over 75 years of age who have resided in the United States for at least five years. (Sec. 14421) Provides that in determining the eligibility and the amount of benefits of any alien for any means-tested public benefits program (except those for certain housing-related assistance), the income and resources of the alien shall be deemed to include: (1) the income and resources of any person who executed an affidavit of support on the alien's behalf; and (2) the income and resources of the person's spouse (if any). Applies such requirement with respect to an alien until such time as the alien achieves U.S. citizenship through naturalization. (Sec. 14422) Sets forth requirements for sponsor's affidavit of support. (Sec. 14431) Sets forth definitions and provides for the determination of lawful presence. Subtitle E: Food Stamp Reform and Commodity Distribution - Food Stamp Reform and Commodity Distribution Act - Commodity Distribution Act of 1995 - Authorizes the Secretary of Agriculture to purchase and distribute food assistance commodities. (Sec. 14513) Requires the Secretary to establish procedures for supplemental State, local, and private commodity donations. (Sec. 14514) Requires a State seeking commodity assistance to submit an administrative plan every four years to the Secretary. (Sec. 14515) Establishes program allocation guidelines. Requires States to make emergency feeding organizations their first priority. (Sec. 14517) Authorizes the Secretary to use Commodity Credit Corporation (CCC) funds to pay initial commodity processing and packaging costs. (Sec. 14519) Authorizes program appropriations, including separate authorization of appropriations for administrative costs. (Sec. 14520) Obligates specified funds for a commodity supplemental food program for women, infants, and children or the elderly. Requires the CCC to donate specified amounts of cheese and nonfat dry milk to such program. (Sec. 14521) States that commodities received under this title shall not be considered income or resources for any Federal, State, or local means-tested program. (Sec. 14522) Provides that whenever a commodity is made available without charge or credit under this chapter by the Secretary for distribution within the States to eligible recipient agencies, the State may not charge recipient agencies any amount that is in excess of the State's direct costs of storing and transporting to recipient agencies the commodities, minus any amount the Secretary provides the State for the costs of storing and transporting such commodities. (Sec. 14528) Repeals specified food and commodity distribution programs. (Sec. 14541) Directs the Secretary to make grants in accordance with specified guidelines to States to provide food assistance to economically disadvantaged individuals and families. Authorizes appropriations. (Sec. 14542) Directs the Secretary to issue, and make available for purchase by States, coupons for the retail purchase of food from retail food stores that are approved in accordance with specified criteria and are redeemable at face value by the Secretary through the facilities of the Treasury. (Sec. 14544) Repeals the Food Stamp Act of 1977. (Sec. 14592) Expresses the sense of the Congress that States that operate electronic benefit systems to transfer benefits provided under the Food Stamp Act of 1977 should operate electronic benefit systems that are compatible with each other. (Sec. 14593) Expresses the sense of the Committee on Agriculture of the House of Representatives that reductions in outlays resulting from subtitle B shall not be taken into account for purposes of the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm- Rudman-Hollings). Subtitle F: Supplemental Security Income - Amends SSI to: (1) deny SSI by reason of disability to drug addicts and alcoholics; (2) place restrictions on eligibility for cash benefits for disabled children; and (3) establish a program of block grants to States for children with disabilities. (Sec. 14601) Provides funding for the: (1) Federal Capacity Expansion Program for drug treatment; and (2) medication development project to improve drug abuse and treatment research. (Sec. 14603) Amends the Social Security Independence and Program Improvements Act of 1994 to provide for the examination of certain mental disorder listings in determining the eligibility of children for SSI benefits by reason of disability. (Sec. 14604) Amends SSA title XI to limit the total amount payable under SSA titles I (Old Age Assistance), X (Aid to the Blind), XIV (Aid to the Permanently and Totally Disabled), and XVI to Puerto Rico, the Virgin Islands, and Guam. (Sec. 14605) Repeals maintenance of effort requirements applicable to optional State programs for supplementation of SSI benefits. (Sec. 14606) Provides for denial of SSI benefits for ten years to individuals found to have fraudulently misrepresented residence in order to obtain benefits simultaneously in two or more States. (Sec. 14607) Provides for denial of SSI benefits for fugitive felons and probation and parole violators. (Sec. 14608) Prescribes reapplication requirements for adults receiving SSI benefits by reason of disability. (Sec. 14609) Repeals certain restrictions regarding determination of ineligibility. (Sec. 14610) Requires the HHS Secretary to revise certain regulations in order to narrow SSI eligibility on the basis of mental impairment. Subtitle G: Child Support - Revises SSA title IV part D's child support and paternity establishment program to make various specified changes with regard to: (1) case registries; (2) State obligation to provide child support enforcement services; (3) distribution of child support collections; and (4) privacy safeguards. (Sec. 14711) Modifies such program further to make various additional specified changes with regard to: (1) automated State case registries and new hire directories for tracking cases, exchanging and comparing information, handling locate requests, and other specified matters; (2) collection and disbursement of support payments through State disbursement units; (3) income withholding; (4) locate information from interstate networks and the Federal Parent Locator Service (FPLS); (5) reimbursement for information from Federal agencies and for reports by State agencies; (6) an expanded FPLS containing the automated Federal Case Registry of Child Support Orders and the National Directory of New Hires; and (7) collection and use of social security numbers for use in child support enforcement. (Sec. 14721) Requires each State to have in effect the Uniform Interstate Family Support Act, as approved by the National Conference of Commissioners on Uniform State Laws in August 1992, and modified by this Act, and the procedures required to implement such Act. Requires such law to be applied to any case involving an order which is established or modified in a State and which is sought to be modified or enforced in another State. (Sec. 14722) Amends the Federal judicial code to modify provisions concerning the full faith and credit for child support orders. (Sec. 14723) Requires each State to have in effect laws: (1) requiring the use of procedures for administrative enforcement in interstate cases; and (2) providing expedited procedures for establishing paternity and for establishing, modifying, and enforcing support obligations using automated means. (Sec. 14731) Modifies State law procedures for paternity establishment, among other changes, providing for voluntary paternity acknowledgment. (Sec. 14732) Provides for outreach for voluntary paternity establishment. (Sec. 14733) Requires a State plan for child and spousal support to provide for the cooperation by applicants for and recipients of temporary family assistance in establishing the paternity of, and in establishing, modifying, or enforcing a support order for, any child of the individual. (Sec. 14741) Makes various specified changes to State payment provisions, including incentive payment requirements. Revises State plan and other provisions with respect to, among other items, Federal and State reviews and audits and State procedures for collecting and reporting information required by SSA title IV part D. (Sec. 14745) Revises automated data processing requirements. (Sec. 14746) Provides funding for technical assistance to States for improving their SSA title IV part D programs and for operating FPLS. (Sec. 14747) Makes changes with regard to annual congressional reports and data collection by the Secretary. (Sec. 14751) Modifies the process for the review and adjustment of child support orders. (Sec. 14761) Amends the Internal Revenue Code and SSA title IV part D with regard to enforcement of child support orders, among other changes: (1) providing for changed order of refund distribution; (2) eliminating the disparities in treatment of assigned and non-assigned arrearages; (3) consolidating and revising authorities for collecting support from Federal employees; (4) providing for laws voiding fraudulent transfers; (5) providing for procedures to ensure that persons owing past-due support work or have a plan for payment of such support; and (6) defining the term "support order." (Sec. 14763) Provides for enforcement of child support obligations of members of the armed forces. (Sec. 14765) Expresses the sense of the Congress that each State should suspend any driver's, business, or occupational license issued to any person owing past-due child support. Requires States to have procedures under which: (1) liens arise by operation of law against real and personal property for over due support (and liens arising in other States are accorded full faith and credit); and (2) the State has authority to withhold, suspend, or restrict the use of driver's, professional and occupations, and recreational licenses of individuals owing overdue support or failing, after due notice, to comply with subpoenas or warrants relating to paternity or child support proceedings. (Sec. 14771) Amends ERISA to make a technical correction to its definition of medical child support order. (Sec. 14781) Amends SSA title IV part D to require the Administration for Children and Families to make grants to enable States to establish and administer programs to support and facilitate absent parents' access to and visitation of their children. Amends the Gramm-Rudman Hollings Act to provide for adjustments for discretionary programs resulting under this Act. (Sec. 14802) Amends the Electronic Fund Transfer Act to encourage electronic benefit transfer systems. Title XV: Veterans' Benefits and Services - Subtitle A: Administrative Reforms - Provides for a reduction in overhead expenses of the Department of Veterans Affairs. Subtitle B: Extension of Certain Veterans Programs - Extends permanently various specified veterans programs, including those providing authority for medical care cost recovery. Subtitle C: Home Loan Guarantee Program Reforms - Makes various specified changes with regard to the home loan guarantee program. Subtitle D: Medical Program Reforms - Mandates certain Department medical care system savings through establishment of a Prospective Payment System for hospital care within it. Provides for specified expenditure reductions for major construction and closure of inefficient veterans' hospitals. Subtitle E: Other Veterans Programs Reforms - Delineates modifications in other veterans' programs as well, including elimination of certain sunset dates and third-party reimbursement changes. Title XVI: Administration of Justice - Subtitle A: Authorization of Appropriations - Reauthorizes and extends various specified activities and entities of the Department of Justice through FY 2000, providing for a reduction in Department overhead expenses as well. (Sec. 16011) Authorizes appropriations for the Customs and Secret Service as well as the Bureau of Alcohol, Tobacco, and Firearms through FY 2000. Authorizes appropriations for certain defender services. (Sec. 16021) Reorganizes the U.S. Marshals Service, among other specified changes, phasing out political appointees. Subtitle B: Prison Reforms - Provides for privatization of Federal correctional institutions, and for priority payments to public safety officers under the Victims of Crime Fund. Subtitle C: Justice Assistance Program Reforms - Repeals the Legal Services Corporation Act to abolish the Legal Services Corporation, and amends other specified Federal law to eliminate the Bureau of Justice Assistance and the State Justice Institute. Increases the surcharge on debts collected by the United States. Subtitle D: Federal Bureau of Investigation Reforms - Rescinds the unobligated balance of specified funds for the Federal Bureau of Investigation fingerprinting laboratory in West Virginia. Subtitle E: Other Justice Program Reforms - Authorizes appropriations for the Equal Employment Opportunity Commission. (Sec. 16502) Amends the Internal Revenue Code with respect to harbor maintenance fees. Title XVII: General Government - Subtitle A: Administrative Reforms - Provides for a reduction in overhead expenses of certain foreign operations activities, the Department of the Treasury, the Office of Personnel Management, and various independent agencies. Terminates the Advisory Commission on Intergovernmental Relations, other specified miscellaneous advisory committees, and Federal Information Centers. Subtitle B: Legislative Branch Reductions - Provides for a reduction in overhead expenses of the Executive Office of the President (sic). (Sec. 17102) Alters the formula for determining official mail allowances under the Legislative Branch Appropriations Act, 1991, and prohibits certain mail-related fund transfers under the Legislative Branch Appropriations Act, 1993. (Sec. 17104) Provides for temporary suspension of automatic pay adjustments for Members of Congress. Subtitle C: Executive Branch Reductions - Provides for a reduction in overhead expenses of the Executive Office of the President. (Sec. 17202) Repeals unlimited annual leave accumulation for the Senior Executive Service and limits the number of executive branch political appointees. Subtitle D: Specific Program Reforms - Amends the Internal Revenue Code to provide for a decrease in the presidential election campaign fund check-off. (Sec. 17302) Provides for a moratorium on construction and acquisition of new Federal buildings. (Sec. 17303) Terminates annual direct assistance to the Northern Mariana Islands. (Sec. 17304) Transfers the position of Public Printer and related functions to the legislative branch and likewise switches the position of Superintendent of Documents and related functions to the Library of Congress, to be carried out by such official under the Librarian of Congress' direction. Requires Government publications to be available throughout the Government. Sets forth requirements related to department and agency inventories of Government publications and the availability of such inventory available through a certain electronic directory. Adds additional specified responsibilities for the Public Printer and Superintendent of Documents. (Sec. 17305) Repeals transitional appropriations authorizations for the Post Office.
United States · United States Congress · 16 June 1995
Amends rule XIII of the Rules of the House of Representatives to abolish the Consent Calendar and establish the Corrections Calendar. Sets forth procedures for consideration of bills on such Calendar on the second and fourth Tuesdays of each month. Requires a three-fifths vote to pass any bill called from such Calendar. Prohibits the sustaining of any point of order against or the rejection of such bill from causing it to be removed from the Union or House Calendar to which it was originally referred.
United States · United States Congress · 15 June 1995
Natural Disaster Protection Partnership Act of 1995 - Amends the Robert T. Stafford Disaster Relief and Emergency Assistance Act (the Act) to: (1) require a State to pay or agree to pay at least five dollars per resident, as determined by the latest official census, before such State or local government receives Federal assistance for the repair, restoration, reconstruction, or replacement of public facilities damaged or destroyed by a major disaster in the State; and (2) revise the formula used to determine the Federal share of such assistance as well as the Federal share for debris and wreckage removal from publicly and privately owned lands resulting from such disaster. Allows an increase of such assistance only upon the enactment of a joint resolution not designated as an emergency under provisions of the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act). (Sec. 5) Adds provisions concerning disaster mitigation. Requires the Director of the Federal Emergency Management Agency to establish and carry out natural disaster hazard mitigation (mitigation) programs that support natural disaster research, technology, and education. Gives the effect of law to a specified executive order relating to earthquake design and construction standards for federally leased, assisted, or regulated buildings. Requires the Director to enter into an arrangement with the National Academy of Sciences to study and report to the Congress on the feasibility of establishing: (1) national minimum building construction standards for residential and commercial building construction; and (2) standards for the training and licensing of home inspectors and for using such inspections as a means of promoting mitigation for residential property. Requires the Director to define which States should be classified as natural disaster-prone for purposes of the Act. Requires each natural disaster-prone State to either: (1) adopt multihazard building and safety codes for all new and substantially modified building construction in that State; or (2) certify that the State's local communities have adopted and are enforcing building codes which meet the appropriate minimum mitigation requirements of that State. Requires each State designated as flood-prone to either adopt relevant flood protection standards or certify that its flood-prone local communities are in compliance with appropriate State flood protection standards. Requires each natural disaster-prone State to either develop a multihazard mitigation plan or designate an existing plan which includes specified compliance and response requirements. Outlines provisions concerning State compliance with the establishment, adoption, and implementation of appropriate mitigation plans. Provides penalties for noncompliance. Requires the Director, after crediting premiums from the Natural Disaster Insurance Corporation (established under this Act), to allocate funds from a Mitigation Account (established under this Act) to States which comply with all mitigation requirements under this Act. Provides an allocation formula. Requires such funds to be used to support mitigation activities, especially those necessary to bring a State into compliance with building and safety code requirements enumerated under this Act. Requires audits of fund uses. Exempts a State, under specified conditions, from a particular mitigation requirement if it receives inadequate funds from the Account to cover the costs of complying with such requirement. Encourages each private insurer that participates in the Natural Disaster Insurance Corporation to take mitigation measures into account in setting rates and deductibles for its property insurance. Establishes the Natural Disaster Insurance Corporation as a not-for-profit membership corporation to provide primary insurance coverages and reinsurance coverage for hurricanes, earthquakes, volcanic eruptions, and tsunamis. Requires the Corporation's Board of Directors (Board) to: (1) develop a plan of operation describing the Corporation's administration and the provision of the insurance coverages it provides; and (2) develop and adjust, when necessary, actuarially sound rates for such coverages. Establishes an independent Natural Disaster Insurance Board of Actuaries (Independent Board) to review and approve such plan and rates. Requires the Board to file with each State insurance regulator information copies of the initial material and future revisions to its insurance rates, terms, or conditions. Requires the Corporation to establish and maintain a: (1) primary insurance coverage trust account to pay qualifying claims and loss adjustments expenses to private insurers acting as service providers of the primary insurance coverages; and (2) reinsurance coverage trust account to pay qualifying claims to private insurers which purchased such coverage. Outlines provisions concerning the Corporation's use of funds from other accounts and funds to pay for losses in excess of trust account funds or funds raised by issuing obligations in the private market (requiring repayment of funds borrowed from such accounts or funds). Requires the trust accounts to be kept separate. Prohibits: (1) the borrowing of monies between such accounts; and (2) the authorization or appropriation of Federal funds for Corporation activities. Requires the Comptroller General to audit and report to the Congress on Corporation and Independent Board activities. Requires the Corporation to: (1) issue primary insurance coverages that insure against physical damages and losses to residential property, including debris removal, additional living expenses incurred as a result of direct damage to such property, and ordinance and law coverages, resulting from the natural disasters enumerated in this Act that meet specified terms and conditions; and (2) make, under certain conditions, excess reinsurance coverage available to private insurers and State insurance pools for residential losses (including quota-share amounts retained by the private insurers under this Act not already insured by the Corporation under the primary insurance coverage policies) and commercial losses that are proximately caused by specified natural disaster perils. Prohibits making or renewing any federally-related mortgage loan secured by residential property located in an earthquake, volcanic eruption, tsunami, or hurricane-prone State unless the property is covered by: (1) primary insurance coverages; or (2) coverage issued by a private insurer which has equivalent terms, conditions, and rates as such coverages for seismic perils and that meets such terms and conditions as those required for the hurricane peril. Provides an escrow requirement with respect to insurance premiums for such coverage. Outlines requirements that must be met by residential property owners in natural disaster-prone States before the owners can receive any financial assistance under the Act or any similar Federal disaster assistance. Requires the Director and the Corporation to jointly report to the Congress on any additional sanctions or other measures deemed necessary to assure that policyholders purchase Federal flood insurance pursuant to the National Flood Insurance Act of 1968. Requires private insurers which exclude coverage for physical damage caused by flooding to include in the contract a specified warning statement to that effect (or an appropriate alternative warning statement). Establishes in the Treasury the Natural Disaster Protection Fund. Establishes within the Fund a separate Private Loss Account, Public Loss Account, and Mitigation Account. Requires the three accounts to be kept separate and prohibits the borrowing of monies between them. Requires the Private Loss Account to provide direct Federal loans to cover shortfalls in the Corporation's primary insurance and reinsurance accounts. Requires the Public Loss Account to: (1) retain reserve funds sufficient to cover the anticipated costs resulting from natural disasters up to the annual ten-year historical average of disaster relief provided by the Director; and (2) provide grants to States for the repair or restoration of critical facilities and lifelines, public facilities, and infrastructure damaged or destroyed by natural disasters and for pre-natural disaster mitigation. Allows the Federal share of such grants to be increased only upon the enactment of a joint resolution not designated as an emergency under provisions of the Balanced Budget and Emergency Deficit Control Act of 1985. Requires: (1) the Mitigation Account to provide funds to States for appropriate mitigation efforts described in this Act; and (2) the Corporation to pay a specified percentage of the annual net premiums collected for the primary insurance coverages and the reinsurance coverages for mitigation purposes. Provides for appropriate transfers and credits to the Public Loss Account and the Mitigation Account. Authorizes appropriations to such Accounts.
United States · United States Congress · 8 June 1995
Milk Marketing Order Reform Act of 1995 - Amends the Agricultural Adjustment Act, reenacted with amendments by the Agricultural Marketing Agreement Act of 1937, to: (1) repeal current minimum fluid milk price adjustments; and (2) establish a regional milk pricing system.
United States · United States Congress · 7 June 1995
Black Revolutionary War Patriots Commemorative Coin Act - Directs the Secretary of the Treasury to mint and issue one-dollar silver coins emblematic of the Black Revolutionary War Patriots Memorial in Washington, D.C. Directs that coin sale surcharges be paid to the Black Revolutionary War Patriots Foundation for raising an endowment to support construction of the Memorial.
United States · United States Congress · 6 June 1995
Advanced Medical Devices Access Assurance Act of 1995 - Permits coverage under the Medicare program of items and services associated with the use of a medical device in the furnishing of inpatient hospital services, even if the device is not approved, as long as it is an investigational device used instead of an approved device. States that a payment made under the Medicare program for any such item or service may not exceed the amount which would have been paid if the item or service were associated with the use of an approved device.
United States · United States Congress · 25 May 1995
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.
![Official portrait of Rep. Roth, Toby [R-WI-8]](https://www.congress.gov/img/member/r000459_200.jpg)