United States · United States Congress · 13 December 1995
Congressional Pay for Performance Act - Sets forth a formula by which the rate of basic pay for each Member of Congress will be reduced effective as of the first applicable pay period of the first calendar year beginning after the end of a fiscal year from FY 1996 through 2001 for which the Federal deficit exceeds the deficit target by more than $1 billion. Reduces such rate to zero if the Federal deficit for FY 2002 is $1 billion or greater, effective as of the first day of the first applicable pay period in calendar year 2003. Provides that if the Federal deficit for any of FY 1996 through 2001, inclusive, is less than $1 billion, each Member's salary shall be restored to the rate in effect as of December 31, 1995, and this Act shall cease to be effective. Requires, for purposes of this Act, the size of the Federal deficit for any fiscal year to be determined by the Congressional Budget Office (in writing): (1) on the basis of the Final Monthly Treasury Statement of Receipts and Outlays of the Federal Government, published by the Department of the Treasury; and (2) excluding any increase in tax revenues, attributable to the fiscal year involved, which occurs by reason of any provision of law enacted after this Act's enactment. Provides that an individual's salary for the duration of his or her first term of office as a Member of Congress shall be determined as if this Act had never been enacted. Provides for suspension of this Act in time of war. Repeals provisions of the Legislative Reorganization Act of 1946 which provide for automatic annual pay adjustments for Members of Congress.
United States · United States Congress · 12 December 1995
Senior Citizens' Access to Health Care Act of 1995 - Amends title XVIII (Medicare) of the Social Security Act to require health maintenance organizations participating in the Medicare Program to offer coverage for out-of-network services to Medicare beneficiaries enrolled with such organizations.
United States · United States Congress · 7 December 1995
Fan Freedom and Community Protection Act of 1995 - Provides that where a professional sports league approves the relocation of a team from a community in which the team has been located for at least ten years: (1) the registered mark that is used to identify the team becomes the property of the league; (2) the league shall reserve the mark for use only by the community from which the team is relocating until the earlier of the mark's expiration or the date on which the community informs the league that a team will not be using the mark; and (3) the mark may not be used by another team in the same league. (Sec. 4) Requires a team owner seeking to relocate the team to provide notice to the local government for the community in which the team's stadium or arena is located, the owner or operator of such stadium or arena, and each team that is a member of the professional sports league not later than 180 days before the commencement of the season in which the team is to play in the new community. (Sec. 5) Directs the league, within a year after the submission of the name of an investor to a league, to grant to the investor a new expansion professional sports team franchise at a fee no greater than 85 percent of the franchise fee charged for the last expansion team franchise granted. Makes such requirement applicable to a league in any case in which: (1) the league approves, on or after January 1, 1993, the relocation of a team from one community to another; (2) not later than three years after such relocation, the community in which the team was previously located submits the name of an investor to be granted a new team franchise in such community; and (3) the investor demonstrates that he is financially able to purchase and support a team by placing the prescribed amount, plus the sale price of the last team sale approved by the league, in an escrow account. Authorizes the league, for ten years after granting an expansion team franchise, to approve a resale of the team but not the team's relocation. Makes this section inapplicable to a team that relocates within 60 miles of the community. (Sec. 6) Permits under the antitrust laws a league to enforce rules or agreements authorizing its membership to decide whether a member team may relocate from one community to another. Requires a league, in determining whether to approve such a relocation, to make specific findings, including regarding fan loyalty, the extent to which the team received public financial support, and whether there is a bona fide investor offering fair market value that will retain the team in the current community. (Sec. 7) Sets forth penalties for failure to comply with this Act. Provides for enforcement by the Federal Trade Commission.
United States · United States Congress · 7 December 1995
Child Protection and Ethics I Education Act of 1995 - Directs the Comptroller General to conduct a study to determine whether programs, lectures, texts, or other pedagogical materials involving sexuality used by agencies, universities, or elementary and secondary schools (institutions) that receive Federal funds for educational purposes significantly or particularly rely on the scholarship of, directly or indirectly consisting of, or based on the studies entitled "Sexual Behavior in the Human Male" and "Sexual Behavior in the Human Female" authored by Alfred Kinsey and his team of researchers, published in 1948 and 1953 (Kinsey reports). Authorizes the General Accounting Office to evaluate whether the contents of the Kinsey reports are erroneous, wrongfully obtained by reason of fraud or criminal wrongdoing (i.e., systematic sexual abuse of children), or both. Directs: (1) the Comptroller General to complete such study and report to the Congress by May 1, 1996; and (2) the Secretary of Education, if the Comptroller General's determination is in the affirmative, to ensure that for FY 1997 and subsequent fiscal years no Federal funds are provided to any persons or institutions for any educational purpose which instruct in Kinsey's work, derivative Kinseyan scholars, or scholarship without indicating the unethical and tainted nature of the Kinsey report. Directs the chief executive officer of the State involved to certify to the Secretary which such agencies or school programs cite such materials.
United States · United States Congress · 5 December 1995
Paperwork Elimination Act of 1995 - Amends the Paperwork Reduction Act to require the Director of the Office of Management and Budget to: (1) provide direction and oversee the use of alternative information technologies to substitute for paper; (2) specifically promote the optional use of electronic information technology as such an alternative; and (3) provide within a required information resources strategic management plan a description of progress in providing for the use of electronic information as a substitute for paper. Requires each Federal agency to: (1) ensure that each information collection provides for the optional use of electronic maintenance, submission, or disclosure of information; (2) certify that each such collection uses alternative information technologies to reduce burden and improve data quality, agency efficiency, and responsiveness to the public; and (3) publish within a required public notice before collection of information a description of how respondents may electronically maintain the information to be collected. Requires the Director to include in a required report to the Congress on information collection the extent to which Federal agencies reduced the collection of information burden on small businesses and other persons through the use of electronic maintenance, submission, or disclosure of information as a substitute for paper maintenance, submission, or disclosure.
United States · United States Congress · 29 November 1995
Senior Citizens' Right to Work Act of 1995 - Amends title II (Old-Age, Survivors and Disability Insurance) (OASDI) of the Social Security Act to provide, through adjustments in the monthly exempt amount, for increases in the amounts of allowable earnings under the Social Security earnings limit for individuals who have attained retirement age. Retains the current limit on substantial gainful activity earnings applicable to individuals under age 65 who are eligible for disability benefits based on blindness. (Sec. 3) Establishes a Continuing Disability Review Administration Revolving Account for OASDI disability benefits in the Federal Disability Insurance Trust Fund. Directs the Chief Actuary of the Social Security Administration (SSA) to estimate annually the present value of savings to the Federal Old-Age and Survivors Insurance Trust Fund, the Federal Disability Insurance Trust Fund, the Federal Hospital Insurance Trust Fund, and the Federal Supplementary Medical Insurance Trust Fund which will accrue for all years as a result of cessation of benefit payments resulting from continuing disability reviews carried out pursuant to specified requirements during the fiscal year. Directs the Managing Trustee to: (1) transfer to the Account from amounts otherwise in the Trust Fund an amount equal to the estimated savings certified by the Chief Actuary; and (2) make available to the Commissioner of Social Security from funds in the Account an amount certified by the Chief Actuary as currently required to meet expenditures necessary to provide for required continuing disability reviews (including expenditures for the cost of staffing, training, purchase of medical and other evidence, and processing related to appeals and overpayments and related indirect costs). Includes under required information in a specified annual report a final accounting of amounts transferred to the Continuing Disability Review Administration Revolving Account in the Federal Disability Insurance Trust Fund during the year, the amount made available from such Account during such year pursuant to certifications made by the Chief Actuary of the SSA and expenditures made by the Commissioner of Social Security for the specified purposes during the year, including a comparison of the number of continuing disability reviews conducted during the year with the estimated number of continuing disability reviews upon which the estimate of such expenditures was made. Terminates the Continuing Disability Review Administration Revolving Account at the end of FY 2002, and provides that any balance in such Account shall revert to funds otherwise available in the Federal Disability Insurance Trust Fund. Provides for appointment by the Commissioner of a Chief Actuary in the SSA. (Sec. 4) Bases entitlement of stepchildren to child's insurance benefits solely on their actual dependency on stepparent support. Repeals the requirement that the stepchild actually be living with the stepparent. Requires termination of any child's insurance benefits based on the wages and self-employment income of the stepparent six months after the Commissioner is formally notified of the natural parent's divorce from the stepparent. (Sec. 5) Extends the length of time required for recomputation of benefits after normal retirement age. (Sec. 6) Eliminates the role of the SSA in processing attorney's fees. Prohibits any person, agent, or attorney from charging in excess of $4,000 (or, if the Commissioner approves, a higher fee) for services performed in connection with any claim before the Commissioner. Directs a court, in determining a reasonable fee, to take into consideration the amount of the fee, if any, that an attorney may charge the claimant for services (eliminating the current limitation of such fee to 25 percent of the total past-due benefits to which a judgment entitles the claimant). (Sec. 7) Provides that an individual shall not be considered to be disabled for OASDI purposes, or for supplemental security income (SSI) purposes under title XVI of the Act (thus denying them benefits), if alcoholism or drug addiction would be a contributing factor material to the determination of disability. (Continues disability benefits based on a separate disabling condition to individuals also disabled by drug addiction or alcoholism.) Requires the payment of OASDI or SSI benefits based on disability to a representative payee if such payment would serve the interest of an individual who also has an alcoholism or drug addiction condition that prevents the individual from managing such benefits. Requires the Commissioner to refer such individual to the appropriate State agency administering the approved State plan for substance abuse treatment services. Appropriates additional specified amounts to supplement State and Tribal alcohol and substance abuse treatment programs funded under the Public Health Service Act. Requires State or Tribal governments receiving such an allotment to consider as priorities activities relating to the treatment of the abuse of alcohol and other drugs. (Sec. 8) Permits members of the clergy to file to revoke their exemption from social security tax coverage under the Internal Revenue Code.
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 · 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 · 15 November 1995
Expresses the sense of the Congress that the President, the Vice President, and Members of Congress should not be paid during any period during which Federal employees are not paid due to a Government shutdown.
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 · 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 · 31 October 1995
Amends the Federal Election Campaign Act of 1971 to prohibit any person other than an individual or a political committee from making contributions, soliciting or receiving contributions, or making expenditures for the purpose of influencing an election for Representative, Delegate, or Resident Commissioner to Congress (Representative). Deems any political committee established, financed, maintained, or controlled by a candidate or Federal office-holder to be an authorized committee of such individual. Prohibits any political committee that supports or has supported more than one candidate from being designated as an authorized committee, but permits a presidential candidate nominated by a political party to designate the national committee of such party as the candidate's principal campaign committee if that national committee maintains separate books of account with respect to its functions as a principal campaign committee. Sets forth rules applicable when the ban is not in effect. (Sec. 2) Prohibits a candidate for the office of Representative, with respect to a reporting period for an election, from accepting contributions from persons other than local individual residents totaling in excess of the total of contributions accepted from local individual residents. Sets penalties for accepting contributions that exceed such limitations. (Sec. 3) Sets an expenditure limit of $600,000 for each House of Representatives candidate for any general or primary election. (Sec. 5) Prohibits any person from making independent expenditures in House elections. (Sec. 6) Revises provisions regarding the definition of: (1) "contribution" to provide that such term shall exclude only the value of services provided without compensation by an individual who volunteers on behalf of a candidate or political committee; and (2) "expenditure" to repeal listed exclusions from that term. (Sec. 7) Prohibits a Member of or Member-elect to the House from mailing, during any even-numbered calendar year, any mass mailing as franked mail which is postmarked on or before the Tuesday next after the first Monday in November of such year. Revises the definition of "mass mailing" to mean, with respect to a session of the Congress, any mailing with substantially identical content totaling more than 25 pieces in that session, but excluding certain categories of mailings including those in furtherance of the Member's administrative duties.
United States · United States Congress · 31 October 1995
TABLE OF CONTENTS: Title I: House of Representatives Election Spending Limits and Benefits Title II: Reduction of Special Interest Influence Subtitle A: Elimination of Political Action Committees From Federal Election Activities Subtitle B: Provisions Relating to Soft Money of Political Parties Subtitle C: Soft Money of Persons Other Than Political Parties Subtitle D: Contributions Subtitle E: Additional Prohibitions on Contributions Subtitle F: Independent Expenditures Title III: Miscellaneous Provisions Bipartisan Clean Congress Act of 1995 - Title I: House of Representatives Election Spending Limits and Benefits - Amends the Federal Election Campaign Act of 1971 to make candidates for election to the House of Representatives eligible to receive benefits under this Act if they declare that they will not exceed expenditure or contribution limits. Sets forth expenditure limits of $600,000 by a candidate and authorized committees, allowing additional expenditures for runoffs and contested primaries. Provides for complying candidates running against noncomplying candidates. Entitles eligible candidates to receive certain broadcast media rates and reduced postage rates. Provides for Federal Election Commission certification of whether a candidate is eligible. Mandates repayment of benefits not used as required and civil penalties for excessive expenditures. (Sec. 102) Amends the Communications Act of 1934 to: (1) modify broadcast media candidate rate requirements; and (2) regulate rates for eligible House candidates. Regulates preemption. Changes the circumstances in which a station license may be revoked for failure to allow candidate access. Conditions new licenses and renewal on agreement to abide by these provisions. (Sec. 103) Amends Federal law to require postal rates for third class mail sent by eligible House candidates to be the same as for qualified nonprofit organizations. (Sec. 104) Amends the Federal Election Campaign Act of 1971 to set contribution limits for eligible House candidates. (Sec. 105) Sets forth expenditure reporting requirements. Title II: Reduction of Special Interest Influence - Subtitle A: Elimination of Political Action Committees From Federal Election Activities - Amends the Federal Election Campaign Act of 1971 to prohibit, notwithstanding any other provision of the Act, any person other than an individual or a political committee from making contributions, soliciting or receiving contributions, or making expenditures to influence a Federal office election. Defines "political committee" to mean: (1) a candidate's principal campaign committee; (2) any national, State, or district political party committee; (3) certain local political party committees; and (4) combinations of a candidate's and a party's committees. Removes provisions that currently include in the definition of "contribution or expenditure" the establishment, administration, and solicitation of contributions to a separate political fund by a corporation, labor organization, membership organization, cooperative, or corporation without capital stock. Modifies the circumstances in which a political committee that has supported more than one candidate may be designated as an authorized committee. Restricts the political committees that may be financed or controlled by any Federal office holder or candidate. Repeals provisions limiting multicandidate political committee contributions to candidates and their authorized political committees. (Sec. 202) Limits the aggregate amount of large contributions to congressional campaigns. (Sec. 203) Limits to $100 the aggregate contributions by a lobbyist with respect to any Federal office election. Subtitle B: Provisions Relating to Soft Money of Political Parties - Prohibits political party national committees and any entity established, financed, or controlled by them from soliciting or receiving contributions or spending funds not subject to this Act. Requires amounts spent by a political party committee that might affect a Federal election (including voter registration, get-out-the- vote activity, generic campaign activity, and communications that identify a Federal candidate) to be made from funds subject to this Act. Prohibits political party committees from soliciting funds for or making donations to any organization that is tax exempt under section 501(c) of the Internal Revenue Code. Prohibits any Federal office holder or candidate and their agents from soliciting or receiving funds: (1) in connection with a Federal election unless the funds are subject to this Act; or (2) to be spent in connection with a non-Federal election unless the funds are not in excess of amounts permitted to Federal candidates and committees under provisions of this Act and are not from sources prohibited by this Act for Federal elections. Prohibits Federal office holders or candidates from having certain relationships with or taking certain actions regarding any organization described in section 501(c) of the Internal Revenue Code. (Sec. 212) Imposes or modifies political committee reporting requirements. (Sec. 213) Removes the exclusion of office facility construction or purchase contributions from the definition of "contribution." Subtitle C: Soft Money of Persons Other Than Political Parties - Imposes reporting requirements on disbursements over $2,000 by a person other than a political party committee or a candidate. Subtitle D: Contributions - Revises requirements regarding contributions made through an intermediary or conduit. Subtitle E: Additional Prohibitions on Contributions - Requires that 60 percent of contributions to a congressional campaign from individuals come from individuals legally residing in the candidate's State. Subtitle F: Independent Expenditures - Revises the definition of "independent expenditure." Declares that any expenditure that contains express advocacy and does not qualify as an independent expenditure is a contribution. (Sec. 252) Imposes reporting requirements relating to independent expenditures. Title III: Miscellaneous Provisions - Modifies or creates requirements regarding: (1) the use of contributions for campaign vs. personal expenses; (2) campaign advertising disclosures regarding who paid for and authorized the advertising; (3) the filing of designations, statements, and reports in electronic form and by facsimile machine; (4) random audits and investigations; (5) the filing of certain reports for the election cycle rather than for the calendar year; (6) reporting and recordkeeping regarding personal or consulting service expenditures; (7) the use of candidates' names by authorized, unauthorized, and party committees; (8) the monthly filing of certain reports, "best efforts" by a treasurer to comply with requirements, and Commission waiver of requirements; (9) filing of statements of organization; (10) the Commission's authority to appear in actions related to its duties or powers; (11) exclusive Commission action on committee insolvency; (12) promulgation of regulations to prohibit devices or arrangements to undermine or evade certain provisions of the Act; (13) limiting Commission members to one term; (14) the authority of the Commission to seek injunctions; and (15) administrative and judicial procedures. (Sec. 316) Amends the Legislative Branch Appropriations Act, 1991 to replace House of Representatives mass mailings provisions with provisions establishing an Official Mass Mailing Allowance for Members of the House of Representatives. Modifies Member mail allowance requirements and prohibits certain transfers from other Member accounts. (Sec. 318) Declares that it is the intent of the Congress that any funds realized by provisions of this Act establishing the Mass Mailing Allowance shall be designated to pay for benefits provided by provisions of this Act relating to postal rates for third class mail sent by eligible House candidates. (Sec. 320) Provides for expedited and mandatory Supreme Court review of any appeal of any interlocutory order or final court action on the constitutionality of any provision of this Act.
United States · United States Congress · 26 October 1995
Amends the Internal Revenue Code to allow an individual to designate a specified portion (but not less than $1) of any income tax overpayment and any cash contributions to be used for the benefit of units of the National Park System. Establishes a National Parks Trust Fund into which appropriated or credited amounts are received. Authorizes the Secretary of the Treasury to pay, not less often than quarterly, specified expenditures from the Trust Fund to the Director of the National Park Service. Requires that expenditures from such Fund be used only for operations, maintenance, and construction within the units of the National Park System. Prohibits the use of such expenditures for the purposes of land acquisition.
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 · 25 October 1995
Former Speakers Privilege Reform Act of 1995 - Repeals provisions of H. Res. 1238, 91st Congress, thus terminating certain entitlements of former Speakers of the House of Representatives, such as: (1) retention of a Federal office (furnished and maintained by the Government) in the Member's congressional district after his or her expired term in office; (2) an allowance for payment of office and other expenses or administration of matters pertaining to incumbency in office as Representative and Speaker; (3) franked mail and printing privileges; and (4) staff assistance in connection with the administration, settlement, and conclusion of matters pertaining to, or arising out of, his or her incumbency in such office.
United States · United States Congress · 29 September 1995
Self-Employed Health Fairness Act of 1995 - Amends the Internal Revenue Code to increase the deduction allowed for health insurance costs for self-employed individuals from 30 to 100 percent.
United States · United States Congress · 29 September 1995
PAC Limitation Act of 1995 - Amends the Federal Election Campaign Act of 1971 to: (1) prohibit multicandidate political committees from making contributions to candidates for Federal office; and (2) limit contributions that a House of Representatives candidate may accept from outside his or her district.
United States · United States Congress · 27 September 1995
TABLE OF CONTENTS: Title I: Definitions; General Provisions Title II: Certification of Health Plans Title III: Enforcement Family Health Care Fairness Act of 1995 - Title I: Definitions; General Provisions - Defines terms for purposes of this Act. Mandates a process under which a health plan may apply to be certified under this Act. Provides for certification review, termination, and nonrenewal. Conditions certification on meeting the requirements of this Act. Title II: Certification of Health Plans - Sets forth requirements plans must meet for certification, including regarding: (1) access to care (including emergency and urgent care and specialized services); (2) choice of health professionals, a point-of-service option, and continuity of care; (3) nondiscrimination against individuals or providers on the basis of race and other factors, including the individual's (or the providers' patients') health status and anticipated need for services; (4) mechanisms used in development of plan policies; (5) certain procedures relating to utilization review and appeals processes; (6) certain due process rights for providers; (7) marketing materials and information provided by plans to enrollees and prospective enrollees; (8) confidentiality; (9) plan financial reserves and solvency; and (10) a quality assurance program and case review. (Sec. 210) Mandates a study and report to the Congress on the feasibility and desirability of voluntary health plan participation in a system that: (1) uses a risk adjustment mechanism for enhanced premium payments to plans serving high risk or underserved populations; and (2) requires part of such premiums to be passed through to providers serving such populations. Title III: Enforcement - Mandates regulations to enforce this Act. (Sec. 302) Prohibits plans from inappropriately limiting or denying care through any utilization review or cost containment technique. Allows any individual alleging injury caused by a clinically or medically inappropriate decision resulting from the design or application of utilization review or cost containment to commence a civil action against the plan in State or Federal court. Prohibits plans from requiring any provider to indemnify the plan for recovery in such an action. Prohibits States from limiting plan liability under such an action.
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
Designates the Walla Walla Veterans Medical Center located at 77 Wainwright Drive, Walla Walla, Washington, as the Jonathan M. Wainwright Memorial VA Medical Center.
United States · United States Congress · 4 August 1995
TABLE OF CONTENTS: Title I: Abolishment of Department of Housing and Urban Development and Disposition of Functions Subtitle A: Abolishment of Department of Housing and Urban Development Subtitle B: Disposition of Particular Programs, Functions, and Agencies of Department of Housing and Urban Development Subtitle C: Miscellaneous Provisions Title II: Tenant-Based Vouchers for Rental and Homeownership Assistance Subtitle A: Block Grants for State Housing Voucher Assistance Subtitle B: Federal Housing Voucher Assistance Program Subtitle C: Determination of State Allocations and Election of Federal or State Voucher Program Subtitle D: Office of Federal Housing Voucher Assistance in Department of Health and Human Services Subtitle E: General Provisions Title III: Transition Provisions Relating to Replacement of Public Housing and Assisted Housing Programs Subtitle A: Replacement of Assisted Housing Programs Subtitle B: Interim Program for Public Housing Block Grants and Deregulation Subtitle C: General Provisions Title IV: Block Grants for Housing and Community Development Opportunities Subtitle A: Block Grants Program Subtitle B: Block Grants for Housing for Special Populations and Indian Housing Subtitle C: General Provisions Relating to Block Grants Subtitle D: Housing and Community Opportunities Agency Subtitle E: Effective Date Title V: Single Family Housing Mortgage Insurance Subtitle A: Federal Home Mortgage Insurance Program Subtitle B: Federal Home Mortgage Insurance Fund Administration Subtitle C: Transition Provisions Subtitle D: General and Miscellaneous Provisions Title VI: Office of Federalism in Office of Management and Budget Housing Opportunities and Empowerment Act - Title I: Abolishment of Department of Housing and Urban Development and Disposition of Functions - Subtitle A: Abolishment of Department of Housing and Urban Development - Reestablishes the Department of Housing and Urban Development (HUD) as the Housing and Urban Development Programs Resolution Agency (Agency) which shall be an independent Executive agency headed by the Resolution Administrator. Terminates the Agency as of September 30, 2000. (Sec. 106) Directs the General Accounting Office to report on the most efficient manner of abolishing HUD and transferring its functions. Subtitle B: Disposition of Particular Programs, Functions, and Agencies of Department of Housing and Urban Development - Sets forth specified transfers of HUD functions. (Sec. 122) Reestablishes the (HUD) Office of Federal Housing Enterprise Oversight as an office in the Department of the Treasury. (Sec. 123) Amends the National Housing Act to terminate the Government National Mortgage Association. Requires the Resolution Administrator to develop a phase-out plan. (Sec. 124) Abolishes the (HUD) Office of Public Affairs. Subtitle C: Miscellaneous Provisions - Sets forth transfer provisions, including authorizing the Office of Management and Budget to make any necessary transfer determinations. Title II: Tenant-Based Vouchers for Rental and Homeownership Assistance - Subtitle A: Block Grants for State Housing Voucher Assistance - Directs the Administrator of the Federal Housing Voucher Agency (established by this Act) to make State block grants for (low-income) housing voucher assistance. Sets forth program provisions, including waiver of voucher program requirements and alternate State grant uses. Subtitle B: Federal Housing Voucher Assistance Program - Establishes a Federal housing voucher assistance program of monthly payments on behalf of renting or first-time owning low-income families. Limits assistance to five years. Provides assistance portability within the same State or metropolitan area. Sets forth program provisions. Subtitle C: Determination of State Allocations and Election of Federal or State Voucher Program - Directs the Administrator (Voucher Administrator) of the Office of Federal Housing Voucher Assistance (established by this Act) to establish: (1) a State housing assistance need formula; and (2) a limit on assisted families per State and a maximum State allocation. (Sec. 252) Authorizes a State to elect State block grant voucher assistance (subtitle A) rather than Federal voucher assistance (subtitle B). Subtitle D: Office of Federal Voucher Assistance in Department of Health and Human Services - Establishes in the Department of Health and Human Services the Office of Federal Housing Voucher Assistance (to be headed by the Voucher Administrator) which shall carry out the housing assistance programs under this title and certain other transferred housing authorities. Subtitle E: General Provisions - Authorizes appropriations for specified provisions of this title. Title III: Transition Provisions Relating to Replacement of Public Housing and Assisted Programs - Subtitle A: Replacement of Assisted Housing - Replaces the following housing programs with a five-year interim public housing block grant program: (1) tenant-based section 8 assistance; (2) project-based section 8 assistance; (3) tenant-based rental assistance for disabled families; (4) rental assistance for persons with AIDS; (5) shelter plus care rental assistance for homeless persons; (6) tenant opportunity program; (7) flexible subsidies; (8) preservation programs; (9) service coordinators for assisted projects; and (10) Indian public housing, childhood development, and rental assistance. (Sec. 312) Provides for the transition of housing assistance from the interim block grant program to the voucher assistance programs. (Sec. 313) Provides for: (1) the transfer of specified remaining HUD authority to the Voucher Administrator; and (2) benefits to families assisted under terminated programs. Subtitle B: Interim Program for Public Housing Block Grants and Deregulation - Terminates the following housing programs: (1) public housing under title I or III of the United States Housing Act of 1937; (2) urban revitalization program; (3) public housing childhood development; (4) perinatal services demonstration; (5) youth sports demonstration; and (6) public and assisted housing drug elimination. (Sec. 322) Provides for the deregulation of public housing authorities (PHAs). Requires PHAs to develop a strategic plan as a condition of assistance eligibility. (Sec. 325) Establishes the Public Housing Block Grant Fund for grants to PHAs for public housing management and operations. Sets forth program provisions, including lead-based paint requirements. States that participation in the Family Self-Sufficiency program shall not be mandatory. (Sec. 330) Authorizes appropriations. Subtitle C: General Provisions - Defines specified terms. Title IV: Block Grants for Housing and Community Development Opportunities - Subtitle A: Block Grants Program - Requires the Director of the Housing and Community Opportunities Agency to make an housing assistance block grant to eligible States, entitlement areas, and Indian tribes. Sets forth program provisions, including at least 90 percent low-income use and one percent set-asides for Indian tribes. Subtitle B: Block Grants for Housing for Special Populations and Indian Housing - Obligates specified block grant funds for State housing programs for low-income special populations (elderly families, disabled families, or persons with acquired immunodeficiency syndrome (AIDS) and their families). (Sec. 422) Obligates specified block grant funds for Indian housing authorities. Subtitle C: General Provisions Relating to Block Grants - Authorizes block grant appropriations. Repeals specified housing and related programs. Subtitle D: Housing and Community Opportunities Agency - Establishes the Housing and Community Opportunities Agency as an independent Executive agency. Subtitle E: Effective Date - Sets forth effective dates for provisions of this title. Title V: Single Family Housing Mortgage Insurance - Subtitle A: Federal Home Mortgage Insurance Program - Establishes in the Treasury the Federal Home Mortgage Insurance Fund (Fund). States that Fund amounts shall be for: (1) payment of losses to qualified mortgage insurers; (2) payment of certain claim notes; (3) investment; and (4) certain annual assessments. (Sec. 502) Authorizes the Fund Administrator to enter into risk-sharing agreements with qualified mortgage insurers for single family home mortgage insurance coverage. Sets forth program provisions. Subtitle B: Federal Home Mortgage Insurance Fund Administration - Establishes within the Department of the Treasury the Federal Home Mortgage Insurance Fund Administration which shall administer the Federal Home Mortgage Insurance Fund. Subtitle C: Transition Provisions - Prohibits new Federal Housing Administration (FHA) loan or mortgage activities. Repeals specified FHA insurance authorities. Provides for the sale of FHA mortgage insurance interests and transfer of remaining authority to the Federal Home Mortgage Insurance Fund. Subtitle D: General and Miscellaneous Provisions - Sets forth miscellaneous and administrative provisions. Title VI: Office of Federalism in Office of Management and Budget - Establishes in the Office of Management and Budget the Office of Federalism whose duties shall include: (1) review of policy and legislation's effect on the Federal-State relationship; and (2) federalism issues liaison services. Authorizes appropriations.
United States · United States Congress · 4 August 1995
Continues existing average fuel economy standards for passenger and non-passenger automobiles until such standards are specifically amended or changed by law.
United States · United States Congress · 3 August 1995
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 · 2 August 1995
Vancouver National Historic Reserve Act of 1995 - Establishes the Vancouver National Historic Reserve in the State of Washington. (Sec. 5) Authorizes the Secretary of the Interior (Secretary), acting through the Director of the National Park Service, and the Secretary of the Army to participate as members of the Vancouver National Historic Reserve Partnership to oversee the protection, enhancement, and development of the Reserve. Requires the Partnership to: (1) act as a forum for cooperation and coordination among the member agencies; (2) minimize staffing, development, and operational costs to each member agency; (3) promote the coordinated protection, use, and interpretation of the cultural, recreational, and educational resources of the Reserve; (4) identify additional opportunities for appropriate public use and enjoyment of the Reserve; and (5) develop and coordinate implementation of the management plan, including the Pearson Airpark economic viability and mitigation plan, and an interpretive plan for the Reserve pursuant to this Act. Requires the Partnership to: (1) be comprised of a representative of each of the National Park Service, the Historic Preservation Office of the State of Washington, the Department of the Army, the city of Vancouver, and the citizens of Washington State; and (2) prepare and submit to the Secretary for review and approval a cooperative agreement, prepared with public participation, to govern the operations of the Partnership. (Sec. 8) Requires the Partnership to: (1) develop and submit a management plan for the Reserve to the Secretary for review and approval; and (2) as appropriate, submit a revised plan to the Secretary upon evaluating the progress made in implementing the original one. Allows the Partnership to enter into a memorandum of agreement with a State, a political subdivision, or a private person or organization that, at a minimum, establishes procedures for providing notice to the Partnership of actions proposed by such entity that may affect implementation of the management plan. (Sec. 9) Permits general aviation at Pearson Airpark that is permitted to be conducted on National Park Service (NPS) property on the enactment of this Act to continue after the year 2002, provided that: (1) Pearson AirField and Air Museum shall be operated by the city of Vancouver; (2) Vancouver pays the NPS a fee of $1 per year for the continued use and occupancy of the Airpark on NPS property and the appraised fair market land rental value of the portion of such property that is used for development of the Pearson Airpark Historical Museum; (3) all nonhistoric, aviation-related facilities and equipment shall be removed by Vancouver from NPS property by April 6, 2003, except those necessary for navigation and safety; (4) Vancouver shall not be compensated for historic aviation-related facilities or equipment remaining on NPS property, but shall be liable and responsible for continued use and maintenance of such facilities and equipment; (5) approval of the Secretary is required for all improvements and additions to facilities or equipment of the Air Museum located on NPS property; (6) helicopters shall not be based at Pearson Airpark except as necessary to accommodate emergency, disaster, or national security needs; and (7) the number of airworthy aircraft based at the Airpark shall be determined under the Pearson economic plan. Requires the Partnership to prepare and include in the management plan an economic viability and mitigation plan for the Pearson Airpark. (Sec. 10) Authorizes the Secretary to provide financial and technical assistance in preparing, developing, and implementing the management plan. (Sec. 12) Authorizes appropriations. Limits the Federal share of the costs of Partnership activities in a fiscal year to 50 percent.
United States · United States Congress · 2 August 1995
Constitutional Amendment - Requires a three-fifths majority of the whole number of each House of the Congress to pass any bill to levy a new tax or increase the rate or base of any tax. Allows the Congress to waive the requirement when a declaration of war is in effect and when the United States is engaged in military conflict that causes an imminent and serious threat to national security and is so declared by a joint resolution, adopted by a majority of the whole number of each House, that becomes law. Makes a bill passed under waiver effective for no longer than two years. Requires all votes under this amendment to be by roll call.
United States · United States Congress · 25 July 1995
Enhanced Environmental Cleanup and Management Demonstration Act of 1995 - Subjects to this Act: (1) the Hanford Reservation in southeastern Washington; and (2) any Defense Nuclear Facility with an FY 1995 environmental management budget of $500 million or more whose host State Governor so requests (unless the President determines that such application is not in the national interest). (Sec. 5) Directs the President to appoint a Site Manager for the Hanford Reservation, and for any other Defense Nuclear Facility whose application is approved. Delineates the Site Manager's authority to oversee and direct facility operations, including environmental cleanup and management. Requests the Site Manager to select remedial actions for a Defense Nuclear Facility in accordance with the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA). Authorizes the Site Manager to exempt a Defense Nuclear Facility subject to this Act from the requirements of the Metric System Conversion Act of 1975. (Sec. 6) States that internal orders of the Department of Energy (DOE), with certain exceptions, are not applicable at a Defense Nuclear Facility subject to this Act after the Site Manager confirmation. Permits a Site Manager to adopt a new order only after finding that it is essential to the protection of human health or the environment, or to conduct critical administrative functions, and will not unduly interfere with efforts to bring a Facility into compliance with environmental laws. (Sec. 7) Prescribes parameters within which a host State may exercise the authorities vested in the Administrator of the Environmental Protection Agency under CERCLA to enforce compliance at any Facility subject to this Act with any requirement of an interagency agreement with DOE. Requires a host State to use monetary penalties or fines collected from the Federal Government for environmental law violations only for projects to protect the environment at or near the facility from threats resulting from the facility or to remedy contamination associated with it. (Sec. 8) Requires the Site Manager to integrate the requirements of the National Environmental Policy Act with other State and Federal regulatory requirements. (Sec. 9) Establishes a Land Use Council for each Defense Nuclear Facility for which a Site Manager has been appointed to develop a future land use plan for all lands within the Defense Nuclear Facility boundaries managed under CERCLA, and listed on the National Priorities List. Prescribes plan contents. (Sec. 10) Directs the Site Manager to: (1) promote demonstration, certification, verification, and implementation of new environmental technologies at the Facilities; and (2) establish a program for testing environmental, waste characterization, and remediation technology at the site. Directs the Secretary to provide regulatory or contractual safe harbors to limit liability of companies using technology approved for use at a Facility for use at other DOE facilities. Sets forth indemnification requirements for agreements with private entities when source, special nuclear, or by-product materials are involved. (Sec. 11) Prescribes contracting strategies consistent with the Federal Acquisition Regulation and the Federal Acquisition Streamlining Act. Permits multiyear contracting. Requires the Site Manager to obtain the expertise necessary to implement performance oriented incentive based contracting and procurement practices. (Sec. 13) Requires each Facility Site Manager to report biennially to the Congress. (Sec. 14) Exempts certain small Federal structures at a Defense Nuclear Facility from the National Historic Preservation Act, unless the Site Manager deems them appropriate for protection under such Act, and that such action will not delay cleanup activities or increase cleanup costs. (Sec. 15) Requires the DOE Office of Environmental Health and Safety to enforce safety and health activities at Defense Nuclear Facilities. (Sec. 16) Authorizes the Site Manager to enter into contracts with private entities to service environmental management at a Facility, including design, construction and operation of treatment, storage, and disposal facilities. Prescribes local community and resident preference and economic diversification requirements for such contracts. (Sec. 19) Expresses the sense of the Congress that: (1) stable funding levels are essential to implement this Act; and (2) the Site Manager and the President are encouraged to seek funding levels not lower than those allocated during FY 1996.
United States · United States Congress · 20 July 1995
Directs the Secretary of Labor to issue a final rule within one year to amend the exemption from child labor restrictions under the Fair Labor Standards Act of 1938 for minors between 16 and 18 years of age who operate automobiles or trucks under a certain weight. Eliminates the requirement that such operation be only occasional and incidental to the minor's employment. Requires that such operation not be the primary duty of the minor's employment.
United States · United States Congress · 19 July 1995
Clean Congress Act of 1995 - Amends the Federal Election Campaign Act of 1971 to prohibit contributions to candidates for Federal office by persons other than individuals or political party committees. (Sec. 3) Prohibits congressional candidates from accepting contributions from persons other than political party committees or in-State individual residents. (Sec. 4) Eliminates multicandidate political committees as a separate political committee category for contribution limitation purposes. (Sec. 5) Limits personal loans by candidates for Federal office to their campaigns to $5000. (Sec. 6) Extends the ban on franked mass mailings by Members of Congress to 90 days before an election. (Sec. 7) Extends the annual contribution limitation to all persons other than political party committees. (Sec. 8) Establishes a ban on gifts to members, officers, and employees of the House of Representatives. Sets forth exceptions to such prohibition.
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 · 30 June 1995
TABLE OF CONTENTS: Title I: Abolishment of Department of Energy Title II: Energy Laboratory Facilities Title III: Privatization of Federal Power Marketing Administrations Title IV: Transfer and Disposal of Reserves Title V: National Security and Environmental Management Programs Subtitle A: Defense Nuclear Programs Agency Subtitle B: Environmental Restoration Activities at Defense Nuclear Facilities Title VI: Disposition of Miscellaneous Particular Programs, Functions, and Agencies of Department Title VII: Civilian Radioactive Waste Management Title VIII: Miscellaneous Provisions Department of Energy Abolishment Act - Title I: Abolishment of Department of Energy - Redesignates the Department of Energy (DOE) as the Energy Programs Resolution Agency (the Agency), headed by an Administrator to perform the previous functions of the Department of Energy. Provides for the continuation of service of the Secretary of Energy as the interim Administrator. (Sec. 105) Authorizes the Administrator to establish, consolidate, alter, or discontinue in the Energy Programs Resolution Agency any organizational entities that were entities of DOE. Sunsets the Agency three years after the date of enactment of this Act. Directs the Comptroller General to report to the Congress on the most efficient way to accomplish the complete abolishment of DOE and the transfer or termination of its functions. Title II: Energy Laboratory Facilities - Establishes the Energy Laboratory Facilities Commission to privatize and reduce energy laboratories and programs. Prescribes procedural guidelines. (Sec. 205) Establishes the Energy Laboratory Facility Closure Account to fund implementation of such guidelines. Title III: Privatization of Federal Power Marketing Administrations - Federal Power Asset Privatization Act of 1995 - Directs the Secretary of Energy to sell, at the highest possible price, all Federal electric power generation and transmission facilities supervised by, or coordinated with, the Federal Power Marketing Administrations (except the Bonneville Power Administration (BPA)). Restricts such sales to domestic entities or U.S. citizens. Requires the Secretary to terminate Federal Power Marketing Administration operations (except those of the BPA) upon completion of the sales. Directs the Secretary to retain a private sector firm through a competitive bidding process to serve as financial advisor with respect to such sales. Expresses the sense of the Congress that the purchaser of any such facilities should offer to employ former Federal Power Marketing Administration personnel. Mandates that sale proceeds be deposited into the Treasury. Sets forth a sales completion deadline for each Power Marketing Administration concerned. (Sec. 305) Mandates that the pertinent sales agreements require each purchaser providing electric power to customers within any region to insure that the price of electric power does not increase above the baseline price at a rate greater than ten percent annually. (Sec. 306) 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 prior to the sale. Grants FERC Federal Power Act jurisdiction over any such facility sold. (Sec. 307) Amends the Energy and Water Development Appropriations Act of 1993 to repeal the proscription against the 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. 308) Transfers to the Secretary of the Interior all DOE functions affecting the BPA. Instructs the Secretary to study and report to the Congress on the most cost-effective option of disposing of the BPA. Title IV: Transfer and Disposal of Reserves - Transfers to the Secretary of the Interior all former DOE functions affecting the Strategic Petroleum Reserve. Instructs the Secretary to: (1) sell the reserves held at Weeks Island, Louisiana; (2) appoint an advisory board to monitor the sale of such reserves and report to the Congress on whether the United States should maintain or dispose of the Strategic Petroleum Reserve. (Sec. 402) Directs the Secretary of Energy to: (1) transfer jurisdiction and control over naval petroleum reserves to the Department of the Interior; and (2) sell all Federal right, title, and interest in the Naval Petroleum Reserve Numbered 1 (Elk Hills). (Sec. 403) Directs the Secretary of the Interior to study and report to the Congress on the most cost-effective options for other Federal interests in naval petroleum reserves. Title V: National Security and Environmental Management Programs - Subtitle A: Defense Nuclear Programs Agency - Establishes the Defense Nuclear Programs Agency (the Agency) in the Department of Defense (DOD), headed by an Under Secretary for Defense Nuclear Programs (the Under Secretary) with primary responsibility for defense nuclear programs. (Sec. 504) Transfers to the Under Secretary all supervisory functions previously performed by: (1) DOE over Sandia, Los Alamos, and Lawrence Livermore National Laboratories; (2) Defense Nuclear Agency of DOD relating to nuclear weapons systems; and (3) the Defense Nuclear Facilities Safety Board. Authorizes the Secretary of Defense to transfer other nuclear weapons-related functions to the Under Secretary. (Sec. 505) Places restrictions upon the transfer of funds by the Agency. Subtitle B: Environmental Restoration Activities at Defense Nuclear Facilities - Amends the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 to require the Under Secretary to review ongoing and planned remediation activities consistent with this Act. (Sec. 521) Sets forth guidelines for site-specific risk assessment before the selection of a remedial action at a defense nuclear facility which include an analysis of risk reduction benefits and costs. (Sec. 523) Instructs the Under Secretary to renegotiate the terms of any compliance agreement entered into with the Secretary of Energy, the Environmental Protection Agency and the relevant State in order to have it reflect this Act. Title VI: Disposition of Miscellaneous Particular Programs, Functions, and Agencies of Department - Limits authorizations for enumerated energy research and development programs through FY 2000. (Sec. 601) Directs the Energy Laboratory Facilities Commission to identify for the Congress all DOE research and development activities carried out at energy laboratories or institutions of higher education that perform a critical research function important to the long-term economic well-being of the United States. Directs the Secretary of Energy to terminate all DOE clean coal technology research and development activities. Authorizes appropriations for DOE fossil energy and energy conservation research and development activities. Terminates such activities at the end of FY 1998. Transfers from DOE to DOD specified: (1) weapons activities; and (2) materials support and other defense programs. (Sec. 602) Transfers to the Department of the Treasury all functions performed by the Energy Information Administration (EIA). Authorizes appropriations for the EIA. Transfers to the Attorney General all functions performed by the Energy Regulatory Administration. Title VII: Civilian Radioactive Waste Management - Amends the Nuclear Waste Policy Act of 1982 to terminate the Office of Civilian Radioactive Waste Management and transfer its authority and assets to the Army Corps of Engineers (the Corps). Provides that the Corps shall assume all obligations of the Office affecting the Yucca Mountain site, and that Nevada State permits shall be reissued for the Corps. Prescribes procedural guidelines for Corps preparation and implementation of a Yucca Mountain site characterization plan. Title VIII: Miscellaneous Provisions - Sets forth miscellaneous implementing provisions, conferring upon the Office of Management and Budget the authority to make any determination regarding functions transferred under this Act and incidental transfers.
United States · United States Congress · 30 June 1995
Independent Contractor Tax Simplification Act of 1995 - Amends the Internal Revenue Code to provide that, for purposes of determining the employment status of individuals as employees, a service provider shall not be treated as an employee, a service recipient shall not be treated as an employer, and a payor shall not be treated as an employer if: (1) a service provider has a significant investment in assets and training, incurs significant unreimbursed expenses, agrees to perform the service for a specified amount of time or to complete a specific result and is responsible for damages for early termination without cause, receives payment primarily on a commission basis, or has purchased resale products; (2) the service provider has a principal place of business, does not primarily provide service in the service recipient's place of business, or pays a fair market rent for use of the recipient's place of business or does not have to perform service only for the service recipient and, in the current year or in the proceeding or subsequent years, has performed or has offered to perform a significant amount of service for other persons; and (3) the services by an individual are performed according to a written contract between the service recipient or payor which provides that the individual will not be treated as an employee.
United States · United States Congress · 28 June 1995
Parental Rights and Responsibilities Act of 1995 - Prohibits any Federal, State, or local government or any official of such a government from interfering with or usurping the right of a parent to govern the upbringing of a child of the parent. Disallows any exception to this Act unless the government or official is able to demonstrate, by appropriate evidence, that such interference or usurpation is valid to accomplish a compelling government interest, in which case only the least amount of interference may be used.
United States · United States Congress · 16 June 1995
TABLE OF CONTENTS: Title I: Abolition of Department of Education Title II: Education Program Subtitle A: Elementary and Secondary Education Subtitle B: Conforming Amendments to the Individuals with Disabilities Education Act Subtitle C: Higher Education Programs Subtitle D: Miscellaneous Provisions Title III: General Provisions Title IV: Statements of Policy Back to Basics Education Reform Act - Eliminates the Department of Education and redefines the Federal role in education. Title I: Abolition of Department of Education - Abolishes the Department of Education. (Sec. 102) Establishes (and sunsets) an Office of Economic Opportunities in the Department of Health and Human Services. Provides that the Office shall be: (1) headed by a Director for Economic Opportunities, who shall be appointed by the President and confirmed with the advice and consent of the Senate; and (2) administered under the supervision and direction of the Assistant Secretary for the Administration for Families and Children. Transfers Department of Education functions to the Office. Abolishes the Office and all of its functions upon the expiration of the authorization for the programs under its jurisdiction. (Sec. 103) Directs the Secretary of Health and Human Services to appoint as principal officers of the Office: (1) an Assistant Director of Childhood Schooling; and (2) an Assistant Director of Advanced Schooling. (Sec. 104) Allows the Secretary of Education to serve as Director of the Office until an individual is appointed to such position or until the end of a 120-day period, whichever is earlier. (Sec. 105) Authorizes the Secretary of Health and Human Services, 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. 106) 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. 107) 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 of Education; and (2) the termination, transfer, or other continuation of functions of the Department of Education. (Sec. 110) 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. Title II: Education Programs - Subtitle A: Elementary and Secondary Education - Chapter 1: Elementary and Secondary Education Block Grant - 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. 202) 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. 209) Authorizes appropriations. Chapter 2: Other Elementary and Secondary Education Programs - 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 2000: 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 the Department of Defense 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. Subtitle B: Conforming Amendments to the Individuals with Disabilities Education Act - Amends the Individuals with Disabilities Education Act (IDEA) to transfer authority from the Department and Secretary of Education to the Department and Secretary of Health and Human Services. (Sec. 212) Amends IDEA definitions of excess costs and of native language. (Sec. 213) Transfers of IDEA administering authority to the Office. (Sec. 214) Revises IDEA provisions relating to outreach services for certain institutions of higher education. Subtitle C: Higher Education Programs - Chapter 1: Elimination and Reduction of Programs - Repeals the Higher Education Act of 1965, 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. (Sec. 221) 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 for FY 2001 and thereafter. (Sec. 222) Amends the Congressional Budget Act to revise the Federal Credit Reform Act with respect to defining the cost of a direct loan. (Sec. 223) Amends HEA to provide for the sale of Federal Direct Student Loan (FDSL) loan portfolios. (Sec. 224) 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. 225) Eliminates in-school interest subsidies under HEA guaranteed loan programs. Chapter 2: Higher Education Block Grant - Authorizes block grants to States to assist institutions of higher education to improve access to higher education and the quality of educational programs. (Sec. 232) Sets forth such block grant program provisions for distribution of funds, State assurances, use of funds, and public disclosure. (Sec. 236) Authorizes appropriations. Subtitle D: Miscellaneous Provisions - Provides that nothing in this Act shall be construed to affect continued funding for Gallaudet University, the American Printing House for the Blind, or the National Institute for the Deaf at FY 1995 levels through FY 2000. (Sec. 242) Directs the Secretary of Health and Human Services to: (1) consult with the Congress before issuing regulations regarding the grants under chapter 1 of subtitle A and chapter 2 of subtitle C of this title; and (2) issue only regulations necessary for the timely distribution of such funds to the States. (Sec. 243) Directs the Secretary of Health and Human Services to provide for a consolidated application for grants under chapter 1 of subtitle A and chapter 2 of subtitle C of this title. Requires that consolidated applications also be permitted at the local level. (Sec. 244) Limits the amount that is authorized to be appropriated for programs under chapter 2 of subtitle A, subtitle B, and chapter 1 of subtitle C to not more than the amount appropriated for such programs for FY 1995. Requires that such programs be authorized through FY 2000. (Sec. 245) 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 Secretary of Health and Human Services, the Director of the Office of Civil Rights of the Department of Health and Human Services, and the Assistant Attorney General in charge of the Civil Rights Division of the Department of Justice. Title III: General Provisions - Sets forth requirements relating to certain references, exercise of authorities, savings provisions, transfer of assets, delegation and assignment, authority of the Office of Management and Budget with respect to functions transferred, and proposed changes in law. Title IV: Statements of Policy - 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).
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 · 14 June 1995
Partial-Birth Abortion Ban Act of 1995 - Subjects anyone who knowingly performs a partial-birth abortion in or affecting interstate or foreign commerce to a fine or imprisonment for not more than two years or both. Defines "partial-birth abortion" as partial, vaginal delivery of the fetus prior to killing the fetus and completing the delivery. Permits the parents or the maternal grandparents (if the mother has not attained the age of 18 at the time of the abortion) through a civil action to obtain relief which would include money damages for all injuries and statutory damages equal to three times the cost of the partial-birth abortion, even if any party consented to an abortion. Permits the affirmative defense to a prosecution or a civil action, which must be proved by a preponderance of the evidence, that the physician reasonably believed: (1) the procedure was necessary to save the woman's life; and (2) no other form of abortion would have sufficed for that purpose.
United States · United States Congress · 7 June 1995
TABLE OF CONTENTS: Title I: Abolishment of Department of Commerce Title II: Disposition of Particular Programs, Functions, and Agencies of Department of Commerce Title III: Miscellaneous Provisions Department of Commerce Dismantling Act - Title I: Abolishment of Department of Commerce - Replaces the Department of Commerce (DOC) with the Commerce Programs Resolution Agency (CPRA), which is limited to three years to wind up and terminate the functions and obligations of the DOC before the CPRA itself is abolished. Directs the Comptroller General to report on the most efficient means of abolishing the DOC, and transferring or terminating its functions. Title II: Disposition of Particular Programs, Functions, and Agencies of Department of Commerce - Repeals the Public Works and Economic Development Act of 1965 and transfers all financial obligations, liabilities, and related rights owned by DOC under such Act to the Department of the Treasury. Requires an audit by the Comptroller General of all DOC grants made under such Act in FY 1995. (Sec. 202) Transfers all export control functions of the DOC under the Export Administration Act of 1979 to the Secretary of State, the President, the Secretary of the Treasury, and the Attorney General. Authorizes transfer of a limited number of specified DOC special agents to the Customs Service. Abolishes the Office of Foreign Availability and the Office of the Under Secretary of Commerce for Export Administration, and provides for the appointment of an Industries Board to advise the Secretary of State. (Sec. 203) Transfers specified national security functions: (1) granted by the Trade Expansion Act to the International Trade Commission (ITC); and (2) granted by the Defense Production Act to the Secretaries of Defense and of the Treasury. Directs the President to appoint committees of industry representatives to advise the National Security Council. (Sec. 204) Transfers to the United States Trade Representative (USTR) the functions of the DOC's International Trade Administration, and powers granted by the Uruguay Round Agreements Act. Amends the Foreign Trade Zones Act to make the Secretary of the Treasury chairman and executive officer of the Foreign Trade Zones Board. Renames the United States and Foreign Commercial Service the U.S. Foreign Commercial Service (Commercial Service), abolishes specified functions, and transfers it to the USTR. Conveys all export promotion functions of the DOC to the USTR, authorizing the USTR to require private entities to pay for promotion services. Transfers the authority to collect and evaluate information on international investment and trade services to the Secretary of the Treasury. Abolishes the international economic policy analysis functions of the DOC. Terminates the Committee for the Implementation of Textile Agreements (CITA), and divides CITA's tasks among the USTR, the ITC, the Commercial Service, and the Secretary of the Treasury. Transfers all DOC functions under the Fair Trade in Auto Parts Act of 1988 to the ITC. Requires the appointment of industry boards to advise the Secretary of the Treasury and the USTR regarding their new powers. Amends the Trade Act of 1974 to repeal authorities for trade adjustment assistance to firms injured by import competition. (Sec. 205) Transfers the Patent and Trademark Office to the Department of Justice, and requires that the activities of that Office be funded solely by fees. (Sec. 206) Terminates the Technology Administration and the Office of Technology Policy. Transfers the National Institute of Standards and Technology to the National Science Foundation, and transfers its laboratories to the CPRA to be sold. Eliminates funding for, and requires the sale of assets of, the National Technical Information Service. (Sec. 207) Transfers the Bureau of the Census to the Department of the Treasury. Expresses the sense of the Congress that such Bureau should: (1) implement the Census Address List Improvement Act of 1994 in a timely fashion; and (2) streamline census questionnaires to promote savings in the collection and tabulation of data. (Sec. 208) Transfers the Bureau of Economic Analysis to the Federal Reserve System, requiring the director of that Bureau to report to the Congress on: (1) the availability of private resources capable of handling a portion or all of the Bureau's assigned tasks; and (2) the feasibility of a fee system to defray costs. (Sec. 209) Terminates assistance to: (1) public telecommunications; (2) educational television programs; and (3) telecommunications demonstrations. Repeals establishment of the National Endowment for Children's Educational Television (thus abolishing it). (Sec. 210) Transfers specified functions under the National Telecommunications and Information Administration Organization Act to the Chairman of the Federal Communications Commission. (Sec. 211) Terminates: (1) funding of specified fishery assistance programs; (2) the fisheries trade promotion program; (3) the authority to guarantee obligations for fishing vessels and facilities; (4) future compensation for damage, loss, or destruction of fishing vessels or fishing gear; and (5) funding of specified Federal fishery research projects. Eliminates the National Oceanic and Atmospheric Administration (NOAA) Corps and the Office of Oceanic and Atmospheric Research, and conveys specified functions of both to the National Weather Service. Transfers the National Environmental Satellite, Data, and Information System Data Centers in part to the CPRA to be sold, and in part to the National Weather Service. Terminates certain functions of the National Weather Service, and transfers it to the Department of the Interior. Reallocates specified functions of the National Marine Fisheries Services to the Secretary of Transportation, the U.S. Fish and Wildlife Service, and the Secretary of Agriculture. Conveys specified functions of the National Ocean Service to the United States Geological Survey and the Secretary of the Interior. Transfers certain NOAA environmental research laboratories to the CPRA to be sold. (Sec. 212) Abolishes the following DOC agencies and programs: (1) Economic Development Administration; (2) Minority Business Development Administration; (3) United States Travel and Tourism Administration; (4) National Telecommunications and Information Administration; (5) Advanced Technology Program; and (6) Manufacturing Extension Programs. (Sec. 214) Expresses the sense of the Congress that the head of each agency performing a function vested by this Act should, wherever feasible, explore and implement user fees for services provided in the performance of such function, to offset operating costs. Title III: Miscellaneous Provisions - Limits annual expenditures for any function not terminated by this Act to 75 percent of FY 1994 expenditures for the performance of such function.
United States · United States Congress · 7 June 1995
Amends the Internal Revenue Code to prohibit the disclosure of any tax information to a State that is taxing the retirement income of an individual who is neither a resident nor a domiciliary of that State (pension source tax).
United States · United States Congress · 6 June 1995
Utah Public Lands Management Act of 1995 - Designates specified lands in Utah as components of the National Wilderness Preservation System. Provides for continuation of existing grazing on such lands. Provides that nothing in this Act shall be construed to affect Utah's jurisdiction of fish and wildlife management, including water development and predator control. States that the Congress does not intend these wilderness designations to lead to creation of buffer zones. Provides that the Oil Shale Reserve Number Two, within Desolation Canyon Wilderness, shall not be reserved for oil shale purposes after the date of enactment of this Act. Prescribes footages for use of roads and rights-of-way as wilderness boundaries and prohibits closure of roads except in specified circumstances. Provides for reasonable access to wilderness-enclosed facilities and lands. (Sec. 4) States that nothing in this Act or any other shall be construed to constitute Federal reservation of water or water rights for any purpose arising from designation of the areas as wilderness. Requires the Secretary of the Interior to: (1) allow for the discovery and protection of cultural or paleontological resources; and (2) assure nonexclusive access to Native American sites for traditional cultural and religious purposes, including wood gathering and plant collecting. (Sec. 7) States that nothing in this Act shall be construed to restrict low-level overflights over the designated areas or to require the removal of existing communication or tracking systems. (Sec. 8) States that the Congress does not intend these wilderness designations to lead to reclassification of any airshed to a more stringent Prevention of Significant Deterioration (PSD) air quality classification. (Sec. 9) Sets forth specified disclaimers regarding interpretation of this Act. (Sec. 10) Requires those areas in Utah administered by the Secretary of the Interior which are not designated as wilderness to be managed for multiple use. (Sec. 11) Provides for the exchange for other Federal lands of school and institutional trust lands granted to Utah which are within or adjacent to wilderness areas.
United States · United States Congress · 25 May 1995
Patent Application Publication Act of 1995 - Requires each patent application, except applications for design patents and provisional applications, to be published as soon as possible after 18 months from the earliest filing date for which a benefit is sought, except for an application that is no longer pending or one subject to a secrecy order. Permits earlier publication at the applicant's request. Prohibits disclosure of information concerning published applications except as determined by the Commissioner of Patents. Prohibits, upon request by certain independent inventors, the publication of rejected applications, with specified exceptions, until three months after the Commissioner notifies the applicant. Requires the applicant to certify that no application was or will be filed for the invention in a foreign country. Entitles a patent application to claim the benefit of an earlier filing date in a foreign country if a claim therefor and a certified copy of the original foreign application, specification, and drawings upon which it is based are filed in the Patent and Trademark Office (PTO) at any such time during the pendency of the application as is required by the Commissioner. Allows the Commissioner to consider the failure of the applicant to file a timely claim for priority as a waiver of any such claim. Authorizes the Commissioner to determine the time period within which an amendment containing the specific reference to an earlier filed application shall be submitted. Specifies that a patent shall include the right to obtain a reasonable royalty from any person who, during the period from publication of the application until issue of the patent: (1) makes, uses, or sells in the United States the invention as claimed in the published application or imports such an invention into the United States, or if the invention as claimed in the published application is a process, uses or sells in or imports into the United States products made by that process as claimed in such application; and (2) had actual notice or knowledge of the published patent application. Makes the right to obtain a reasonable royalty unavailable unless the invention claimed in the patent is identical to that claimed in the published application. Specifies the commencement date of the period for obtaining a royalty based upon the international publication of an international application designating the United States. Revises Federal patent law to provide that a person shall not be entitled to a patent if the invention was described in a published patent application by another filed in the United States, or in a published international application, before the invention thereof by the applicant. Directs the Commissioner to recover the cost of early publication by adjusting the filing, issue, and maintenance fees by charging a separate publication fee, or by any combination of such fees. Provides for the extension of the term of a patent the issue which is delayed due to an unusual administrative delay by the PTO. Limits the total duration of all extensions to ten years. Reduces the extension period equal to the time during the processing or examination of the application leading to the patent in which the applicant failed to engage in reasonable efforts (current law provides a reduction for lack of due diligence) to conclude processing or examination of the application. Prohibits the extension of a patent the term of which has been disclaimed beyond the expiration date of the disclaimer.
United States · United States Congress · 24 May 1995
Community and Homeless Cooperation Act of 1995 - Amends the Stewart B. McKinney Homeless Assistance Act to: (1) require public notice and local hearings before property is made available under such Act; and (2) share the proceeds from the sale of an unused or underutilized property with existing facilities and the Treasury.
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 · 11 May 1995
Amends provisions of Federal law relating to the Civil Service Retirement System and the Federal Employees Retirement System to provide that a Member of Congress after he or she has completed 12 years of service in the Congress shall not: (1) have retirement deductions made from any pay or service performed as a Member; (2) have Government contributions made on his or her behalf; or (3) have any service performed as a Member taken into account for purposes of computing retirement pay (except in the case of a disability annuity). Provides that only service performed after the 103d Congress shall be taken into account with respect to the 12-year service requirement of this Act.
United States · United States Congress · 11 May 1995
Sets forth the congressional budget for FY 1996, including the appropriate budgetary levels for FY 1997 through 2002. Sets forth recommended budgetary levels for Federal revenues, total new budget authority, total budget outlays, budget deficits, public debt, and Federal credit activity. (Sec. 3) Sets forth for each major functional category the appropriate levels of new budget authority, budget outlays, new direct loan obligations, new primary loan guarantee commitments, and new secondary loan guarantee commitments for FY 1996 through 2002. (Sec. 4) Requires House committees to submit their recommendations on the budget to the House Budget Committee which shall then report a reconciliation measure to the House of Representatives which shall carry out such recommendations without substantive revisions. (Sec. 5) Expresses the sense of the House of Representatives that legislation should be enacted that: (1) prohibits surplus social security payroll taxes from being used to balance the budget or reduce the deficit; (2) sets aside such surplus funds to protect and preserve the social security system; (3) establishes a bipartisan commission to oversee the protection of these funds; and (4) provides that social security funds that are now part of the public debt be repaid. (Sec. 6) Declares that Congress should enact a plan that balances the budget and pays off the public debt.
United States · United States Congress · 9 May 1995
Jerusalem Embassy Relocation Implementation Act of 1995 - Declares it is U.S. policy that: (1) Jerusalem should be recognized as the capital of the State of Israel; and (2) construction of the U.S. Embassy in Jerusalem should begin no later than December 31, 1996, and officially open no later than May 31, 1999. States that not more than 50 percent of the funds appropriated for FY 1997 and 1999 to the Department of State for "Acquisition and Maintenance of Buildings Abroad" may be obligated in the respective fiscal year until the Secretary of State determines, and reports to the Congress, that (for FY 1997) such construction has begun and that (for FY 1999) the Embassy has opened. Limits the availability of specified amounts of such funds in certain fiscal years until they are expended for: (1) costs associated with relocating the U.S. Embassy to Jerusalem; and (2) the costs for its construction. Requires the Secretary of State to report to the Speaker of the House of Representatives and the Committee on Foreign Relations of the Senate on: (1) the Department of State's plan to implement this Act; and (2) progress made toward opening the U.S. Embassy in Jerusalem.
United States · United States Congress · 7 April 1995
Expresses the sense of the Congress that: (1) Taiwan deserves full participation, including a seat, in the United Nations (UN) and its related agencies; and (2) the U.S. Government should immediately encourage the UN to take action by considering the unique situation of Taiwan in the international community and adopting a comprehensive solution to accommodate Taiwan in the UN and its related agencies.
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
Private Vessel Fish Survey Act of 1995 - Amends the Magnuson Fishery Conservation and Management Act to establish a Pacific Region Scientific Review Group to develop a three-year research plan to assess the status of stocks of fish managed under the Pacific Fisheries Management Council Pacific Coast Groundfish Plan.
![Official portrait of Rep. Smith, Linda [R-WA-3]](https://www.congress.gov/img/member/s000587_200.jpg)