United States · United States Congress · 25 January 1996
TABLE OF CONTENTS: Title I: Health Care Access, Portability, and Renewability Subtitle A: Group Market Rules Subtitle B: Individual Market Rules Subtitle C: COBRA Clarifications Subtitle D: Private Health Plan Purchasing Cooperatives Title II: Application and Enforcement of Standards Title III: Miscellaneous Provisions Health Insurance Reform Act of 1996 - Title I: Health Care Access, Portability, and Renewability - Subtitle A: Group Market Rules - Prohibits insurers from declining to offer whole group coverage to a group purchaser. Allows plans to establish eligibility, continuation, enrollment, or premium requirements, provided the requirements are not based on health status, medical condition, or similar factors. (Sec. 102) Mandates plan renewability, except for premium nonpayment, material misrepresentation, plan termination, or other specified reasons. (Sec. 103) Regulates the circumstances in which a plan may impose a benefit limitation or exclusion because of a preexisting condition. Allows State laws (unless preempted by specified provisions of the Employee Retirement Income Security Act of 1974 (ERISA)) that: (1) limit preexisting conditions to shorter periods than the provisions of this paragraph; or (2) recognize previous qualifying coverage with a lapse period longer than provided for by the provisions of this paragraph. (Sec. 104) Mandates special enrollment periods for individuals who have certain types of changes in family composition or employment status. (Sec. 105) Regulates disclosures an insurer must make to a small employer (as defined in State law or, if not defined in State law, employers with not more than 50 employees). Amends ERISA to modify requirements regarding disclosures to plan participants and beneficiaries. Subtitle B: Individual Market Rules - Prohibits an insurer (for an individual in a period of previous qualifying coverage) from declining to offer coverage or denying enrollment based on health status, medical condition, or similar factors. (Sec. 111) Mandates renewability of coverage for individuals, except for nonpayment of premiums, material misrepresentation, or plan termination. (Sec. 112) Requires that State law in effect on, or enacted after, enactment of this Act apply in lieu of the standards above in this subtitle unless the Secretary of Health and Human Services determines that the State law does not achieve access goals described in this subtitle. Allows States to meet those goals by using a National Association of Insurance Commissioners (NAIC) model adopted using a consultation process the Secretary approves. Subtitle C: COBRA Clarifications - Amends the Public Health Service Act, the Employee Retirement Income Security Act of 1974 (ERISA), and the Internal Revenue Code to modify continuation coverage requirements. Subtitle D: Private Health Plan Purchasing Cooperatives - Requires a State to certify health plan purchasing cooperatives (HPPCs) meeting the requirements of this paragraph. Provides for Federal certification if a State fails to do so. Regulates HPPC organization, duties, and activities. Preempts, for a HPPC meeting these requirements, State fictitious group laws. Preempts State premium rating requirement laws in certain circumstances. Requires compliance with State mandated benefit laws. Applies to HPPCs, for enforcement purposes only, the requirements of ERISA provisions relating to fiduciary responsibility and administration and enforcement. Title II: Application and Enforcement of Standards - Deems a requirement or standard under this Act imposed on a plan to be imposed on the issuer. (Sec. 202) Requires each State to mandate that each plan in the State meet the standards under this Act pursuant to an enforcement plan filed by the State with the Secretary of Labor, with employee plans enforced in the same manner as under specified ERISA provisions. Provides for Federal enforcement if a State fails to do so. Title III: Miscellaneous Provisions - Amends the Public Health Service Act to allow a health maintenance organization, if notified by a member that a medical savings account has been established for the member and if the member requests, to reduce the basic health services payment by requiring the payment of a deductible for basic health services. Mandates a study and report to appropriate congressional committees on: (1) mechanisms to ensure the availability of reasonably priced health coverage to employers purchasing group and individuals purchasing non-group coverage; and (2) whether standards limiting premium variation will further the purposes of this Act.
United States · United States Congress · 25 January 1996
Expresses the disapproval of the House of Representatives of the standards proposed by the National Center for History in the Schools for the teaching of U.S. and world history.
United States · United States Congress · 3 January 1996
Amends a specified Federal law making continuing appropriations to extend the specific termination date of appropriations and authority under that Act to January 19, 1996 (currently, December 15, 1995). Modifies the definition of minimal level (to which operations would be reduced in certain circumstances) to mean a reduction of ten (currently, 25) percent from the current rate. Mandates compensation at standard rates for any U.S. or District of Columbia officer or employee furloughed because of a lapse in appropriations after December 15, 1995. Ratifies certain types of obligations incurred in anticipation of the appropriations made and authority granted by this resolution.
United States · United States Congress · 19 December 1995
Amends the Military Construction Authorization Act for Fiscal Year 1993 to designate the Calverton Pine Barrens in Calverton, New York, as the Otis G. Pike Preserve.
United States · United States Congress · 14 December 1995
Provides that any individual who performs Operation Joint Endeavor services (United Nations-sponsored peacekeeping activities in Bosnia and Herzegovina) shall be entitled to the same tax benefits under specified provisions of the Internal Revenue Code that are provided to U.S. military personnel who perform service in an area designated by the President as a combat zone. Makes this Act effective for periods beginning on or after December 4, 1995.
United States · United States Congress · 13 December 1995
Amends the Internal Revenue Code to exclude from gross income military compensation received by enlisted personnel and commissioned officers of the armed forces for active service in a contingency operation zone in the same manner as if such service was performed in a combat zone. Increases the income exclusion limit to $2,400 for military compensation received by a commissioned officer for active service in a combat zone or a contingency operation zone.
United States · United States Congress · 13 December 1995
Reiterates serious concerns and opposition to the President's policy that results in the deployment of 20,000 members of the U.S. armed forces on the ground in the territory of the Republic of Bosnia and Herzegovina. Calls for: (1) the President and the Secretary of Defense to rely on the judgment of, and ensure the provision of appropriate resources and support to, the commander of the U.S. armed forces that are deployed in and around the territory of the Republic in all matters affecting the safety, support, and well-being of such forces; and (2) the U.S. Government to be impartial and evenhanded with all parties to the conflict as necessary to assure the safety and protection of such forces.
United States · United States Congress · 12 December 1995
Reiterates serious concerns and grave reservations regarding the President's policy to deploy 20,000 members of the U.S. armed forces on the ground in the territory of the Republic of Bosnia and Herzegovina. Calls for: (1) the President and the Secretary of Defense to rely on the judgment of, and ensure the provision of appropriate resources and support to, the commander of the U.S. armed forces that are deployed in and around the territory of the Republic in all matters affecting the safety, support, and well-being of such forces; and (2) the U.S. Government to be impartial and evenhanded with all parties to the conflict as necessary to assure the safety and protection of such forces.
United States · United States Congress · 12 December 1995
Calls for: (1) the President and the Secretary of Defense to rely on the judgment of, and ensure the provision of appropriate resources and support to, the commander of the U.S. armed forces that are deployed in and around the territory of the Republic of Bosnia and Herzegovina (the Republic) in all matters affecting the safety, support, and well-being of such forces; and (2) the U.S. Government to be impartial and evenhanded with all parties to the conflict as necessary to assure the safety and protection of such forces.
United States · United States Congress · 5 December 1995
Designates the U.S. Post Office building that is to be located on the 2600 block of East 75th Street in Chicago, Illinois, as the Charles A. Hayes Post Office Building.
United States · United States Congress · 18 November 1995
Amends Federal armed forces provisions to provide that: (1) the special rule concerning annual cost-of-living adjustments to retired military pay for individuals who first became members of a uniformed service before August 1, 1986, shall apply only through FY 1996 (currently, FY 1998); and (2) the initial month that such increase is payable shall be March (currently, September) of the year following the effective date of such increase.
United States · United States Congress · 17 November 1995
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 · 14 November 1995
Smithsonian Institution Sesquicentennial Commemorative Coin Act - Directs the Secretary of the Treasury to issue five-dollar gold coins and one-dollar silver coins emblematic of the scientific, educational, and cultural significance of the Smithsonian Institution. Mandates that: (1) all but a certain portion of surcharges received from coin sales be paid by the Secretary to the Smithsonian Institution for such purposes as its Board of Regents determines to be appropriate; and (2) a certain portion of such surcharges be dedicated to supporting the operation and activities of the National Numismatic Collection at the National Museum of American History.
United States · United States Congress · 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 · 26 October 1995
Requires the Secretary of Energy to transfer, without compensation, the Tatum Dome Test Site to the State of Mississippi after certification from the Administrator of the Environmental Protection Agency and the State that any contamination of such property has been remedied in accordance with applicable Federal and State laws and regulations. Subjects such transfer to retention by the United States of the following: (1) the subsurface estate below the depth of 2700 feet below sea level unless a lesser depth is agreed upon by the Secretary; (2) rights of access for monitoring wells for sampling; and (3) the right to install wells additional to those identified in the remediation plan to the extent deemed necessary by the Secretary to monitor potential pathways of contaminant migration.
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 · 18 October 1995
Livestock Concentration Report Act of 1995 - Directs the President to appoint a Commission on Concentration in the Livestock Industry to review and report on specified meat packing industry matters, including certain studies, effects of antitrust laws, and prices.
United States · United States Congress · 14 September 1995
Amends the Solid Waste Disposal Act to exclude from the definition of "solid waste" any solid or dissolved materials contained, collected, and reused in an on-site production process that prevents releases to the environment.
United States · United States Congress · 13 September 1995
Requires that any markup in the committees or subcommittees of the House of Representatives of any legislation changing existing law concerning Medicare or Medicaid pursuant to the reconciliation instructions of the concurrent resolution on the budget for FY 1996 be preceded by a minimum of four weeks for public disclosure of and public hearings on the legislative text of such changes. Prohibits such legislation from being considered in the House until such requirements have been met. Expresses the sense of the House that the Senate should adopt a similar schedule for public disclosure and hearings on the legislative text of any such changes.
United States · United States Congress · 12 September 1995
Federal Thrift Savings Plan Enhancement Act of 1995 - Amends Federal civil service law with respect to the Civil Service and Federal Employees' Retirement Systems and the Thrift Savings Plan (TSP) Program. Provides for: (1) an additional Small Capitalization Stock Index Investment Fund and International Stock Index Investment Fund in the TSP; and (2) repeal of the limitations on individual TSP contributions, including those from judges and other specified personnel of the Federal judicial branch.
United States · United States Congress · 6 September 1995
Expresses the sense of the Congress that the President and the Congress should adopt a Peace Through Strength Strategy for the post-Cold War era, based on the following general principles and goals: (1) the United States must accept and maintain global leadership through a clear and consistent articulation of vital U.S. national interests and goals; (2) the United States must maintain highly trained, well-equipped, combat-ready military forces and the national will to prevail in any conflict; (3) U.S. interests are promoted through participation in global and regional political, military, and economic organizations, treaties, and alliances, but the United States must retain its sovereignty and reserve the right to act unilaterally; (4) national wealth and economic strength are the foundation of all forms of power; (5) the economic vitality of the United States rests not only on free market competitiveness but also on responsible financial management; (6) the United States must expand effective human and technical intelligence capabilities to anticipate, detect, and respond to emerging threats; (7) the United States will act to lessen, prevent, and eliminate security threats, including those posed by the proliferation of weapons of mass destruction and of high technology conventional arms, terrorism, drug trafficking, and disruption of access to vital resources; (8) national security policy must be explained to the public in the clear context of national interests and a realistic strategy for protecting those interests; (9) the United States must maintain a strong technological and industrial base with a skilled workforce to support superior U.S. global economic competitiveness and military preparedness; and (10) the United States must systematically and sharply reduce its dependence on imported oil.
United States · United States Congress · 4 August 1995
Continues existing average fuel economy standards for passenger and non-passenger automobiles until such standards are specifically amended or changed by law.
United States · United States Congress · 31 July 1995
Utility Consumer Service Protection Act of 1995 - Amends Federal transportation law to declare that certain requirements relating to establishing maximum driving and on-duty time for drivers of motor vehicles shall not apply to utility service vehicles or utility drivers, or employers engaged primarily in the business of providing a utility service, or to such vehicles or drivers during a utility emergency. Defines: (1) "utility service vehicle" to mean a motor vehicle that is used in any activity related to the ultimate delivery of public utility services to customers; and (2) "utility driver" to mean any employee of a utility provider or other operator of a utility service vehicle while such vehicle is being used in an activity related to the provision of a utility service.
United States · United States Congress · 16 June 1995
Amends Federal transportation safety law to increase from 10,001 pounds to 26,001 pounds the minimum weight of commercial motor vehicles subject to safety and other specified regulation by the Secretary of Transportation.
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
Medicaid Certification Act of 1995 - Makes certain technical corrections to title XIX (Medicaid) of the Social Security Act, allowing, among other changes, for physician reimbursement for certified osteopathic physician services provided to children and pregnant women enrolled in Medicaid. Makes this Act effective as if included in the Omnibus Budget Reconciliation Act of 1990.
United States · United States Congress · 7 June 1995
Black Revolutionary War Patriots Commemorative Coin Act - Directs the Secretary of the Treasury to mint and issue one-dollar silver coins emblematic of the Black Revolutionary War Patriots Memorial in Washington, D.C. Directs that coin sale surcharges be paid to the Black Revolutionary War Patriots Foundation for raising an endowment to support construction of the Memorial.
United States · United States Congress · 7 June 1995
TABLE OF CONTENTS: Title I: Specific Coins Authorized Title II: General Provisions United States Commemorative Coins Act of 1995 - Title I: Specific Coins Authorized - Requires the Secretary of the Treasury to mint and issue ten-dollar gold coins to commemorate the bicentennial of United States gold coinage. (Sec. 102) Requires the Secretary to mint and issue five-dollar gold coins and one-dollar silver coins to commemorate the 50th anniversary of the founding of the United Nations and the role of President Harry S. Truman. Directs coin sale surcharge distribution to the Harry S. Truman Library Foundation and the U.N. Association. (Sec. 103) Requires the Secretary to mint and issue coins commemorating: (1) the sesquicentennial of the founding of the Smithsonian Institution; (2) the public opening of the Franklin Delano Roosevelt Memorial, Washington, D.C.; (3) the 125th anniversary of the establishment of the first U.S. National Park, Yellowstone National Park; and (4) the sacrifices of law enforcement officers and their families in preserving public safety, with surcharge proceeds paid to the National Law Enforcement Officers Memorial Fund, Inc. Title II: General Provisions - Mandates that the design for the coins be: (1) selected by the Secretary after consultation with recipient organizations and the Commission of Fine Arts; and (2) reviewed by the Citizens Commemorative Coin Advisory Committee.
United States · United States Congress · 23 May 1995
James Madison Commemorative Coin Act - Directs the Secretary of the Treasury to issue commemorative one-dollar silver coins emblematic of the 250th anniversary of the birth of James Madison and the life and achievements of the fourth President of the United States. Requires the Secretary to turn over proceeds from surcharges to the National Trust for Historic Preservation to be used to: (1) establish an endowment as a permanent source for Montpelier (home of James Madison and a museum); and (2) fund capital restoration projects at Montpelier.
United States · United States Congress · 12 May 1995
TABLE OF CONTENTS: Title I: Cancellation and Suspension Title II: Minor Use Crop Protection Act of 1995 Title III: Data Collection Activities to Assure the Health of Infants and Children and Other Measures Title IV: Amendments to the Federal Food, Drug, and Cosmetic Act Food Quality Protection Act of 1995 - Title I: Cancellation and Suspension - Amends provisions of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) relating to cancellations, changes in classifications, or other terms of registration with respect to the authority of the Administrator of the Environmental Protection Agency. Requires that a rulemaking under such provisions be based on a validated test or other significant evidence raising prudent concerns of unreasonable adverse effects to man or to the environment. Denies registration applications that are not in compliance with this Act. Title II: Minor Use Crop Protection Act of 1995 - Minor Use Crop Protection Act of 1995 - Amends FIFRA to define "minor use" as the use of a pesticide on an animal or commercial agricultural crop or site or for public health protection where: (1) the total U.S. acreage for the crop is less than 300,000 acres; or (2) the Administrator determines that the use does not provide sufficient economic incentive to support the initial or continuing registration of a pesticide for such use and there are insufficient alternatives available for the use, the alternatives pose greater environmental or health risks, or the pesticide plays or will play a significant part in managing pest resistance or in an integrated pest management program. Extends the period of exclusive data use for data submitted to support original registration applications for pesticides for an additional year for each three minor uses registered after this Act's enactment and before the expiration of the period of exclusive use, up to a total of three additional years for all minor uses registered by the Administrator if the Administrator determines that: (1) there are insufficient alternatives available for the use or the alternatives pose greater environmental or health risks; or (2) the pesticide plays or will play a significant part in managing pest resistance or in an integrated pest management program. Requires the Administrator, upon the request of a registrant, to extend the deadline for the production of residue chemistry data required solely to support a minor use subject to specified conditions. Applies the same extension conditions to data for reregistrations. Authorizes the Administrator to modify or revoke such extensions if the use may cause unreasonable adverse environmental effects. Permits the Administrator, in handling the registration of a pesticide for a minor use, to waive applicable data requirements if the absence of data will not prevent the Administrator from determining the risk presented by the pesticide and that the risk would not have an adverse environmental effect. Provides for expedited review (within one year of submission) of applications to support minor use pesticide registrations. Sets forth conditions for extensions of registrations for unsupported minor uses. Provides a procedure for meeting data requirements where a registrant has voluntarily cancelled a registration and another application is pending for registration of a pesticide that is for a minor use and is identical or substantially similar to, or for an identical or substantially similar use as, the cancelled pesticide. Directs the Administrator to establish a minor use program. Directs the Secretary of Agriculture to establish a Department of Agriculture minor use program and a separate matching fund program. Requires the matching fund program to be utilized to ensure the continued availability of minor use crop protection chemicals. Authorizes appropriations. Title III: Data Collection Activities to Assure the Health of Infants and Children and Other Measures - Directs the Secretary of Agriculture, in consultation with the Administrator and the Secretary of Health and Human Services, to coordinate the development and implementation of survey procedures to ensure collection of adequate data on food consumption patterns of infants and children. Requires residue surveillance activities of the Department of Agriculture to provide for the improved surveillance of pesticide residues, including increased sampling of foods most likely consumed by infants and children. Directs the Secretary of Agriculture to: (1) collect pesticide use data of statewide or regional significance for all the major crops and crops of dietary significance; and (2) in cooperation with the Administrator, implement research, demonstration, and education programs to support adoption of integrated pest management. Requires Federal agencies to use and promote integrated pest management techniques. Title IV: Amendments to the Federal Food, Drug, and Cosmetic Act - Amends the Federal Food, Drug, and Cosmetic Act (FDCA) to redefine "pesticide chemical," subject to exception, as any substance that is a pesticide, or any active ingredient thereof, within the meaning of FIFRA. Defines "pesticide chemical residue," subject to exception, as a residue in or on a raw agricultural commodity or processed food of a pesticide chemical or any other added substance present as a result of a pesticide chemical's metabolism or other degradation. Deems a processed food not to be adulterated, within the meaning of FDCA, if there are present pesticide chemical residues at tolerance levels not considered unsafe. (Current law treats only raw agricultural commodities in this manner.) Sets forth requirements relating to tolerances and exemptions from tolerances for pesticide chemical residues in food, including residues of degradation products, which allow the presence in processed food at the tolerance applicable to the raw agricultural commodity from which the processed food is made. Prohibits establishment of a tolerance that is more stringent than a level the Administrator determines is adequate to protect the public health (i.e., if the dietary risk posed by such level of residues is negligible). Allows a greater than negligible dietary risk if: (1) use protects from greater adverse health effects to humans or the environment; (2) use avoids greater risks from another pesticide; or (3) the unavailability of the pesticide would reduce the availability of an adequate, wholesome, and economical domestic supply of the food. Prohibits issuance of a final rule that revokes, modifies, or suspends a tolerance or exemption until the Administrator has taken any necessary action under FIFRA with respect to the registration of the pesticide involved. Requires the Administrator, where a pesticide is labeled for use on a particular food, to: (1) revoke any tolerance or exemption that allows the presence of a particular chemical or its residue in or on such food if the Administrator cancels the registration of each pesticide that contains the chemical or modifies it to prohibit the pesticide's use in connection with such food; and (2) suspend any such tolerance or exemption upon the suspension of the use of each pesticide that contains the chemical. Provides for: (1) tolerances for unavoidable residues in the case of a residue of a canceled or suspended pesticide chemical that will unavoidably persist in the environment and be present in or on a food; and (2) residues resulting from an application which was lawful at the time of application but with respect to which the tolerance or exemption has since been revoked, suspended, or modified. Prohibits, subject to exception, a State from enforcing any limit on a qualifying pesticide chemical residue (as defined in this Act) in or on any food which is not identical to Federal requirements. Prohibits a State, absent an unreasonable dietary risk, from enforcing a limit on the level of residues in any food if the sale of such food containing such residue level was lawful at the time of application of the pesticide. Authorizes appropriations for increased monitoring of pesticide residues in imported and domestic food.
United States · United States Congress · 2 May 1995
Amends the Internal Revenue Code to provide that if a U.S. citizen relinquishes citizenship, all property held by such citizen at the time immediately before relinquishment shall be treated as sold at such time for its fair market value and any gain or loss shall be subject to U.S. income tax. Allows an expatriate to elect to have property made subject to tax in the same manner as if the individual were a U.S. citizen if the individual: (1) provides security for payment of tax; (2) consents to waiver of treaty rights that would preclude tax assessment or collection; and (3) complies with other requirements prescribed by the Secretary of the Treasury. Excludes $600,000 in gain from taxation. Limits the amount of estate, gift, and generation-skipping transfer taxes in the event of such an election. Excepts U.S. real property interests and interest in certain retirement plans. Prescribes rules for the treatment of an expatriate's interests in a trust. Terminates, on the date on which property held by an individual is treated as sold under this Act, any deferral of recognition of income or gain and any extension of time for payment of tax. Imposes a tentative tax, immediately before the expatriation date, on income required to be included equal to the amount that would be imposed if the taxable year were a short taxable year ending on the expatriation date. Treats as the basis of property of a nonresident alien individual who becomes a U.S. citizen or resident, for purposes of determining gain or loss, the property's fair market value on the date on which: (1) the individual becomes a citizen or resident; or (2) the property first becomes subject to tax by reason of being used in a trade or business or by reason of becoming a U.S. real property interest.
United States · United States Congress · 7 April 1995
Propane Education and Research Act of 1995 - Authorizes the qualified industry organizations (the National Propane Gas Association, the Gas Processors Association, or successor organizations, or a group of retail marketers or producers who collectively represent at least 25 percent of the volume of propane sold or produced in the United States) to conduct, at their own expense, a referendum among producers and retail marketers for the creation of a Propane Education and Research Council. Directs the Council, if established, to develop programs (including programs to enhance consumer and employee safety and training) and enter into contracts for: (1) propane research and development; (2) consumer education; and (3) payment for program costs with funds collected under this Act. Requires the Council to reimburse the Secretary of Energy annually for any costs incurred by the United States, but not to exceed the average annual salary of Department of Energy employees. Prescribes guidelines under which the Council shall set annual assessments on odorized propane to cover program costs. Directs the Council to establish a program to coordinate its operations with any State propane education and research council. Prohibits Council funds from being used for lobbying activities. Directs the Secretary of Commerce to annually prepare and make available to the Council, the Secretary of Energy (Secretary), and the public, an analysis of changes in propane prices relative to other energy resources. Requires the Council to restrict its activities to research and development, training, and safety whenever in any year the five-year average rolling price index of consumer grade propane exceeds by more than 10.1 percent the five-year rolling average price composite index of residential electricity, residential natural gas, and refiner price to end users of Number 2 fuel oil. Requires the price of propane to be determined by market forces in all cases. Prohibits the Council from taking action to pass the cost of the annual assessments to consumers. Requires the Secretary of Commerce to report biennially to the Congress and the Secretary on: (1) whether operation of the Council, in conjunction with the cumulative effects of market changes and Federal programs, has had an effect on propane consumers, including residential, agriculture, process, and nonfuel users; and (2) whether there have been long-term and short-term effects on propane prices as a result of Council activities and Federal programs.
United States · United States Congress · 7 April 1995
Citizens' Protection From Violent Crime Act of 1995 - Amends the Federal criminal code to set mandatory prison terms for possessing, brandishing, or discharging a firearm or destructive device during a Federal or State crime that is a serious violent felony or serious drug offense, with exceptions involving defense of person or property during the course of a crime committed by another person. Sets forth penalties for second or subsequent convictions. Bars the court from imposing probation or a concurrent term of imprisonment for offenses under this Act. Prohibits releasing any such individual for any reason during a term of imprisonment imposed under this Act. Requires the court to sentence a person convicted of transporting, receiving, or possessing a firearm or ammunition in interstate commerce to not less than five years in prison if the person has a prior conviction for a serious violent felony and not less than ten years in prison if the person has two such prior convictions. Makes certain serious juvenile drug offenses predicate offenses under the Armed Career Criminal Act. Includes within the definition of "crime of violence" specified offenses relating to the possession of explosives and firearms by convicted felons. Directs the Attorney General to establish an armed violent criminal apprehension program. Declares that a person not prohibited by Federal law from receiving a firearm shall have the right to use firearms within a home in defense of self or other persons against a reasonably perceived threat of imminent and unlawful infliction of serious bodily injury. Authorizes a person whose right is violated to bring an action in U.S. district court against a person or government. Sets forth provisions regarding attorney's fees and the statute of limitations. Repeals the ban on semiautomatic firearms and on large capacity ammunition feeding devices under the Violent Crime Control and Law Enforcement Act of 1994.
United States · United States Congress · 6 April 1995
Amends the Indian Child Welfare Act of 1978 to require that determinations of status as: (1) an Indian child be prospective from date of birth; and (2) a member of an Indian tribe be prospective from tribal membership. States that for the purposes of any child custody proceeding involving an Indian child, retroactive effect of tribal membership shall not be permitted.
United States · United States Congress · 5 April 1995
George C. Marshall Commemorative Coin Act - Directs the Secretary of the Treasury to mint and issue one-dollar silver coins and half-dollar clad coins in commemoration of the 50th anniversary of the Marshall Plan and George C. Marshall, its author. Directs the Secretary to pay surcharges received from coin sales to: (1) the George C. Marshall Foundation to be used to support its educational and outreach programs; and (2) the Friends of George C. Marshall to be used solely for the construction of the George C. Marshall Memorial and Vistor Center in Uniontown, Pennsylvania.
United States · United States Congress · 29 March 1995
Missouri River Management and Water Control Act of 1995 - Requires the Secretary of the Army to maintain permanent pool levels in the Missouri River system of above 18 million acre feet unless a lower level is required for emergency or commercial purposes. Increases the length of each navigation season by 15 days until the navigation season has increased by one month. Prohibits the Secretary from taking any action which would: (1) result in a reduction of a total of ten days or more a year in the number of days during which vessels are able to navigate channels; or (2) increase flood damages to land adjacent to navigation channels.
United States · United States Congress · 22 March 1995
Newborn Infant HIV Notification Act - Requires a State, if it requires that the results of the human immunodeficiency virus (HIV) testing of an infant be reported to it (or if the State conducts an HIV test of the infant), to disclose such results to: (1) the biological mother of the infant if the mother is the legal guardian; or (2) specified State agencies if the State is the legal guardian of the infant. Directs the State, in disclosing such results (other than to State agencies), to ensure that appropriate counseling on HIV is provided to the individual.
United States · United States Congress · 23 February 1995
Ricky Ray Hemophilia Relief Fund Act of 1995 - Establishes in the U.S. Treasury the Ricky Ray Hemophilia Relief Fund. Authorizes appropriations. Specifies that any individual who submits to the Attorney General written medical documentation that the individual has a human immunodeficiency virus (HIV) infection shall receive $125,000 from amounts available in the Fund if the individual: (1) has a blood-clotting disorder and was treated with blood-clotting agents between January 1, 1980, and December 31, 1987; (2) is the lawful spouse of such individual or the former lawful spouse and was the lawful spouse of the individual at any time after a date within such period on which the individual was treated; or (3) acquired the HIV infection through perinatal transmission from a parent who is such an individual. Requires that a claim for payment be filed with the Attorney General by or on behalf of such individual and that the Attorney General determine that the claim meets the requirements of this Act. Specifies that a claim under this Act shall not be assignable or transferable. Sets limits regarding the number of claims per victim. Prohibits the Attorney General from paying claims filed under this Act unless filed within three years after this Act's enactment.
United States · United States Congress · 13 February 1995
TABLE OF CONTENTS: Title I: Repeal of the Violent Crime Control and Law Enforcement Act of 1994 Title II: Grants for Correctional Facilities Title III: State and Local Law Enforcement Grants Title IV: Protection Against Sexually Violent Predators Title V: Eliminating Excessive and Redundant Appeals Title VI: Reform of Exclusionary Rule Title VII: Truth-In-Sentencing Title VIII: Prison Work Required; Luxuries Abolished Title IX: Improving Border Controls Title X: Enhanced Gun Penalties Title XI: Violent Crime Reduction Trust Fund Title XII: Mandatory Life Imprisonment for Persons Convicted of Certain Felonies Back-To-Basics Crime Control Act of 1995 - Title I: Repeal of the Violent Crime Control and Law Enforcement Act of 1994 - Repeals the Violent Crime Control and Law Enforcement Act of 1994. Title II: Grants for Correctional Facilities - Directs the Attorney General to make grants to States to construct, expand, and improve prisons and jails. Authorizes specified sums to each State without conditions imposed by the Federal Government, except requirements to comply with this title and to use such funds exclusively for the construction of prisons and jails. Authorizes appropriations. Sets forth formulas for the distribution of funds in FY 1996, 1997, and 1998 based on violent crimes reported by the States to the Federal Bureau of Investigation (FBI). Title III: State and Local Law Enforcement Grants - Requires the Attorney General to make grants to States to increase the number of law enforcement officers in service. Authorizes specified funds, without conditions imposed by the Federal Government (except that the funds be used exclusively to increase the number of law enforcement officers in service). Requires States to allocate 80 percent of their grants to local government for use by local law enforcement, as nearly as possible in proportion to the populations served by such local law enforcement agencies (LEAs). Title IV: Protection Against Sexually Violent Predators - Directs the Attorney General to: (1) establish guidelines for State programs to require a sexually violent predator to register a current address with a designated State LEA upon being released from prison or being placed on parole or supervised release; and (2) approve each State program that complies with the guidelines. Makes States that do not implement and maintain such programs ineligible to receive ten percent of the funds that would otherwise be allocated to the State in drug control and system improvement grants under the Omnibus Crime Control and Safe Streets Act of 1968. Requires: (1) the determination that a person is, or is no longer, a sexually violent predator to be made by the sentencing court after receiving a report by a board of experts on sexual offenses; and (2) each State to establish a board composed of experts in the field of the behavior and treatment of sexual offenders. Sets forth provisions regarding: (1) notification regarding the duty of an offender to register and to provide any new address to a designated State LEA and of a State prison official to obtain specified information; (2) the transfer of information to the State LEA and to the FBI; (3) quarterly verification of the released offender's address; (4) penalties for failing to register and keep the registration current; (5) termination of the obligation to register; (6) community notification concerning a predator required to register; and (7) immunity for good faith conduct by LEAs, their employees, and State officials. Title V: Eliminating Excessive and Redundant Appeals - Amends the Federal judicial code to establish a one-year statute of limitations for habeas corpus actions brought by State prisoners. Vests authority to issue certificates for probable cause for appeal of habeas corpus orders exclusively in the courts of appeals. Permits denial on the merits of habeas corpus writs notwithstanding the failure to exhaust State remedies. Establishes a two-year statute of limitations for Federal prisoners filing for collateral relief. (Sec. 506) Sets forth special habeas corpus procedures in capital cases brought by prisoners in State custody who are subject to a capital sentence. Makes such procedures contingent upon: (1) a State establishing by rule of its court of last resort or by statute a mechanism for the appointment, compensation, and payment of reasonable litigation expenses of competent counsel in State post-conviction proceedings brought by indigent prisoners whose capital convictions and sentences have been upheld on direct appeal to such court or have otherwise become final; and (2) such rule or statute providing standards of competency for the appointment of counsel. Provides for a mandatory stay of execution during the post-conviction review initiated pursuant to this title. Details conditions which will cause such stay to expire. Prohibits a Federal court from entering a stay of execution or granting relief in a capital case unless specified conditions are met. Sets forth time limits for determining petitions. Authorizes the State or Government to enforce such time limits by applying to the court of appeals or the Supreme Court for a writ of mandamus. Title VI: Reform of Exclusionary Rule - Amends the Federal criminal code to prohibit the exclusion of evidence obtained as a result of a search or seizure, in a proceeding in a court of the United States, on the grounds that the search or seizure was in violation of the Fourth Amendment of the Constitution if it was carried out in circumstances justifying an objectively reasonable belief that it was in conformity with such amendment. Makes the fact that evidence was obtained pursuant to and within the scope of a warrant prima facie evidence of the existence of such circumstances. Prohibits the exclusion of evidence, in a proceeding in a U.S. court, on the ground that it was obtained in violation of a statute, administrative rule or regulation, or rule of procedure unless exclusion is expressly authorized by statute or by a rule prescribed by the Supreme Court pursuant to statutory authority. Makes this title inapplicable with respect to a search or seizure carried out by, or under the authority of, the Bureau of Alcohol, Tobacco, and Firearms and the Internal Revenue Service. Title VII: Truth in Sentencing - Amends the Federal criminal code to permit the Bureau of Prisons to add, in its discretion, additional time to a prisoner's sentence of up to 15 percent of the prisoner's term for unsatisfactory behavior. Prohibits a sentence from being reduced for satisfactory behavior to a term less than the original sentence nominally imposed. Title VIII: Prison Work Required; Luxuries Abolished - Directs the Attorney General to implement and enforce regulations which: (1) mandate prison work for all able-bodied inmates in Federal penal and correctional institutions; and (2) prohibit the Government provision in inmates' cells of television, radio, telephone, stereo, or similar amenities. (Sec. 802) Amends the Higher Education Act of 1965 to prohibit awards of Pell grants to prisoners in Federal or State penal institutions. Title IX: Improving Border Controls - Authorizes appropriations. Authorizes and directs the Attorney General to use such funds to permit the commander of the Border Patrol to increase by at least 6,000 the number of border patrol agent positions above the number of such positions as of July 1, 1995. (Sec. 902) Amends the Immigration and Nationality Act to provide for expedited deportation and exclusion of criminal aliens. Prohibits reentry of an alien into the United States during the minimum period of confinement to which the alien was sentenced. Authorizes the Attorney General to prescribe special regulations for the registration and fingerprinting of aliens on criminal probation or parole. Expands the definition of "aggravated felony." (Sec. 905) Sets forth deportation procedures for certain criminal aliens who are not permanent residents. Grants a U.S. district court jurisdiction to enter a judicial order of deportation at the time of sentencing against an alien whose criminal conviction causes such alien to be deportable under provisions relating to conviction of an aggravated felony if requested prior to sentencing by the U.S. Attorney. (Sec. 907) Restricts defenses to deportation for certain criminal aliens. Enhances penalties for failing to depart or reentering after a final order of deportation. (Sec. 910) Authorizes appropriations for a criminal alien information system. Title X: Enhanced Gun Penalties - Amends the Federal criminal code to enhance penalties imposed upon persons convicted of using or carrying a firearm during and in relation to the commission of a felony. (Sec. 1002) Sets a mandatory minimum sentence for unlawful possession of a firearm by a convicted felon, fugitive from justice, addict or unlawful user of a controlled substance, or transferor or receiver of a stolen firearm. (Sec. 1003) Increases the general penalty for violation of Federal firearms laws. Title XI: Violent Crime Reduction Trust Fund - Establishes a Violent Crime Reduction Trust Fund as a separate account in the Treasury into which shall be transferred savings realized from implementation of provisions of the Federal Workforce Restructuring Act of 1994. Sets forth provisions regarding: (1) transfers into, and appropriations from, the Fund; (2) annual reporting requirements on the status of the Fund; and (3) allocation of sums in the Fund. Extends authorizations of appropriations for fiscal years for which the full amount authorized is not appropriated. Title XII: Mandatory Life Imprisonment for Persons Convicted of Certain Felonies - Amends the Federal criminal code to provide for mandatory life imprisonment for persons convicted in Federal court of a serious violent felony if: (1) the person has been convicted (and the conviction has become final) on separate prior occasions in a Federal or State court of two or more serious violent felonies, or one or more serious violent felonies and one or more serious drug offenses; and (2) each serious violent felony or serious drug offense used as a basis for sentencing under this title, other than the first, was committed after the defendant's conviction of the preceding serious violent felony or serious drug offense. Sets forth provisions regarding: (1) persons subject to the criminal jurisdiction of an Indian tribal government; and (2) resentencing upon the overturning of a prior conviction. (Sec. 1202) Prohibits the court from reducing the sentence of a defendant unless specified conditions are met, including that the defendant is at least age 70, has served at least 30 years in prison for the offense or offenses for which the defendant is currently imprisoned, and a determination has been made by the Director of the Bureau of Prisons that the defendant is not a danger to the safety of any other person or the community.
United States · United States Congress · 10 February 1995
Directs the Secretary of the Navy to provide for the retroactive award of the Navy Combat Ribbon with respect to participation in ground or surface combat during any period after July 4, 1943, and before March 1, 1961.
United States · United States Congress · 8 February 1995
Firefighters Pay Fairness Act of 1995 - Amends Federal law to provide that, for Federal fire fighters, the annual rate of basic pay shall be calculated on the basis of 26 administrative biweekly work periods of up to 106 hours each. Prescribes a formula for computing the basic biweekly pay of Federal employees who are not fire fighters but perform fire fighting duties. Extends existing biweekly pay period and pay computation requirements to Federal fire fighters and employees in and under the judicial branch. Removes employees of the District of Columbia government from coverage by such requirements. Repeals the current exception from such requirements for employees on the Isthmus of Panama in the service of the Panama Canal Commission. Requires compensation at time-and-a-half per hour for any hours worked in excess of 106 during a biweekly pay period by fire fighters subject to the Fair Labor Standards Act of 1938. Prescribes basic rates of pay for fire fighters: (1) promoted to a supervisory position; and (2) selected and assigned for training. Adds certain pay retention rights for Federal firefighters subject to a reduction or termination of a rate of pay established under this Act. Authorizes a Federal agency to pay cash awards of up to five percent of basic pay to fire fighters or other employees performing fire fighting duties who make substantial use of: (1) special skills, such as handling hazardous materials; or (2) a certification or license, such as certification as an emergency medical technician. Requires the Office of Personnel Management to report to the Congress with respect to transition and funding increase plans and regulatory or legislative modifications necessary to prevent diminution in retirement benefits under this Act.
United States · United States Congress · 7 February 1995
Truth in Budgeting Act - Prohibits the receipts and disbursements of the Highway Trust Fund, the Airport and Airway Trust Fund, the Inland Waterways Trust Fund, and the Harbor Maintenance Trust Fund from being included in either the Federal budget as submitted by the President or in the congressional budget. Exempts such trust funds from any general statutory budget limitation. (Sec. 3) Amends Federal transportation law to require the Secretary of Transportation to estimate annually what, but for this Act, would be at the close of the next fiscal year: (1) the amount of unfunded aviation authorizations; and (2) the net aviation receipts. Requires the Secretary to: (1) determine the amount by which unfunded aviation authorizations does or does not exceed net aviation receipts; and (2) make appropriate adjustments to amounts authorized to be appropriated and the amounts available for obligation from the Airport and Airway Trust Fund based on the difference. (Sec. 4) Sets forth similar provisions with respect to the Inland Waterways and the Harbor Maintenance Trust Funds.
United States · United States Congress · 6 February 1995
Lupus Research Amendments of 1995 - Amends the Public Health Service Act to require the Director of the National Institute of Arthritis and Musculoskeletal and Skin Diseases to expand and intensify research and related activities of the Institute with respect to lupus. Requires the Director to: (1) coordinate such activities with similar activities conducted by other national research institutes and agencies of the National Institutes of Health; and (2) conduct or support research to expand the understanding of the causes of, and to find a cure for, lupus, including research to determine the reasons underlying the elevated prevalence of the disease among African-American and other women. Authorizes appropriations.
United States · United States Congress · 3 February 1995
Expresses the sense of the Congress that the current link should be maintained between: (1) the levels of earnings allowed for blind individuals entitled to disability insurance benefits; and (2) the exempt amounts allowed for purposes of the social security earnings test for individuals who have attained retirement age.
United States · United States Congress · 1 February 1995
Fairness in Musical Licensing Act of 1995 - Revises Federal copyright law to provide that communication by electronic device of a transmission embodying a performance or display of a work by the reception of a broadcast, cable, satellite, or other transmission shall not be a copyright infringement unless an admission fee is charged to see or hear the transmission or the transmission is not properly licensed. Provides that a performance or display in a commercial establishment shall not be considered infringement if incidental to the main purpose of the establishment. Specifies that, if a general music user and a performing rights society are unable to agree on the appropriate fee to be paid for the user's past or future performance of musical works in the society's repertoire, the user shall be entitled to binding arbitration of such disagreement pursuant to the rules of the American Arbitration Association in lieu of any other dispute-resolution mechanism established by any judgment or decree governing the operation of such society. Requires the arbitrator to determine a fair and reasonable fee for the user's past and future performance of works in such society's repertoire and to impose a penalty for infringement if the user's past performance infringed the copyright of such works. Makes an arbitrator's determination binding on both parties. Sets forth provisions regarding civil actions for infringement that may be submitted to arbitration if the license fee for a performance is contested. Requires a performing rights society, at the request of any radio broadcaster, to offer the broadcaster a per programming license to perform nondramatic musical works in its repertoire. Directs that such license be offered on terms and conditions that provide an economically and administratively viable alternative to blanket licenses. Sets forth provisions regarding prices of such licenses. Requires, beginning January 1, 1998, the performance of nondramatic musical works by broadcasters under any per programming period license to be determined on the basis of statistically reliable sampling or monitoring by the society and prohibits the society from requiring the broadcaster to report such performance to the society. Authorizes such broadcasters to bring actions to require compliance with such requirements. Directs each performing rights society to make available free online computer access to copyright and licensing information for each work in its repertoire as well as a semiannual printed directory of each title in its repertoire. Requires such society, upon request, to provide to any person who may perform musical works in its repertoire, copies of documentation establishing the society's right to license the public performance of such works. Bars a society from instituting or being a party to any action alleging infringement in, or charging a fee under any per programming period license for, any work in the repertoire that is not identified or documented as described above, with exceptions. Requires the Attorney General to report annually to the Congress on the activities of the Department of Justice relating to the continuing supervision and enforcement of specified consent decrees of the American Society of Composers, Authors, and Publishers and Broadcast Music, Inc. Sets forth conditions under which landlords, organizers of conventions, or others making space available to another party are exempt from liability under any theory of vicarious or contributory infringement with respect to an infringing public performance of a copyrighted work by a tenant, lessee, or other user of such space. Provides that the transmission of religious services or the recording of copies or phonorecords of a transmission program embodying such services shall not be a copyright infringement.
United States · United States Congress · 1 February 1995
Private Property Owners Bill of Rights - Requires Federal agency heads to: (1) comply with applicable State and tribal government laws in implementing and enforcing the Endangered Species Act of 1973 (ESA) and the permitting program for dredged or filled material under the Federal Water Pollution Control Act (FWPCA); (2) administer and implement the Acts in a manner that least affects the private property owners' constitutional and other legal rights; (3) develop and implement rules and regulations for ensuring that such rights are protected when making any final decision that restricts the use of private property; (4) obtain the consent of the property owner and provide appropriate notice before entering privately-owned property in order to collect information on it; and (5) give the property owner an opportunity to review and dispute the data collected before using it to implement or enforce any of the Acts. Amends ESA and FWPCA to provide for administrative appeals of certain actions, including those related to the denial of permits and the imposition of administrative penalties. Entitles a private property owner deprived of 50 percent or more of the fair market value or the economically viable use of a portion of property as a consequence of a final qualified agency action to receive compensation upon request in accordance with specified guidelines. Amends ESA to require the Secretary of the Interior to notify all private property owners or lessees of property subject to a management agreement and provide an appropriate opportunity for their participation in such an agreement when the Secretary enters into it with any non-Federal person establishing restrictions on property use.
United States · United States Congress · 1 February 1995
Amends the International Air Transportation Competition Act of 1979 to repeal the prohibition against air carrier service between Love Field, Texas, and destinations outside the State of Texas or its four surrounding States.
![Official portrait of Rep. Skelton, Ike [D-MO-4]](https://www.congress.gov/img/member/s000465_200.jpg)